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HomeMy WebLinkAboutPacket Apr 22 2008WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-1 7 2 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assign to: Originator: � Y, /Q'og 4/22/08 Nat. Res. Division Head: Dept Head: 1 APR 15 2008 Prosecutor: WHATCOM COUNTY� Purchasing/Budget: 1 N COUNCIL Executive: �) (J TITLE OF DOCUMENT. Review of Agricultural Program ATTACHMENTS: Memorandum SEPA review required? ( ) Yes ( ) 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.) As requested by Council, this is a review of the Agricultural Work Program and the mission of the Agricultural Technical Review Committee. 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. WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES r G -M 5280 Northwest Drive, Suite B Bellingham, WA 98226-9097 360-676-6907, 360-380-8100 360-738-2525 Fax MEMORANDUM TO: Pete Kremen, County Executive Whatcom County Council FROM: David Stalheim, Director�S) DATE: April 4, 2008 RE: Agricultural Program DAVID STALHEIM Director J.E. "SAM" RYAN Assistant Director RECEIVED APR 1.1 2008 FETE KREMEN COUNTY EXECUTIVE The purpose of this communication is to update the Council Natural Resources Committee on the status of the Agricultural Work Program. Staffing: Our long range planning program is still vacant two positions. One of those positions will likely be assigned to the agricultural work program. We are working by committee until we fill that senior position. The following people are involved in various aspects of the program: David Stalheim Attending Agricultural Advisory Committee and Technical Review Committee meetings. Reviewing work programs and consultant efforts. Samya Lutz Administering the Purchase of Development Rights program, including contract and grant administration. Also attending the Agricultural Advisory Committee and Technical Review Committee meetings. Erin Osborn Open space applications and research of agricultural work program tasks. GIS Staff Completing analysis of agricultural lands and potential threats from development, and impacts from critical area regulations. This information has been transmitted to the Technical Review Committee. Public Works We have talked with Public Works Real Estate specialist (Jim Perkins) about involvement in the Purchase of Development Rights transactions. Mr. Perkins has expertise in closing transactions. This will free up PDS staff time for other aspects of the program. Farm Friends Farm Friends is' doing the public involvement effort for the agricultural work program. They will report during the meeting about their activities, including outreach to the community and facilitation of the Technical Review Committee. 2 Agricultural Work Program: In the 2007/08 budget, the Whatcom County Council authorized funds for initiating the Agricultural Work Program. After considerable discussion on the range of actions that should be included in the work program, the Council settled on the following tasks: ❑ Evaluation of transfer of development rights program ❑ Agricultural mitigation ❑ Cluster design ordinance ❑ Solicit and involve considerable public involvement in the development of the proposals In addition to the above identified tasks within the budget discussion, the Council has also docketed (Docket #2007-G) several items related to Agricultural issues: ❑ Determine if it is appropriate to enlarge the Agricultural Comprehensive Plan and zoning designations by converting Rural designations to Agriculture designations. ❑ Amend Comprehensive Plan Map 19 and WCC 20.38 to add Whatcom-Labounty soils to the list of Agricultural Protection Overlay soils. Finally, the Long Range Work Program draft recently presented to Council for review includes two additional subjects that were on the work program in the past which might still be pertinent to the current agricultural program. ❑ Ag Tourism. Amend 20.40.250 to provide definitions, permitting criteria, and types of AG tourism operations allowed as a CUP in the AG zone. ❑ Boundary Line Adjustments in Ag. Zone. Amend 20.40.250 to allow boundary line adjustments to parcels in the AG zone for the purpose of overcoming difficulties created by rivers and streams in accessing the entire parcel for farming purposes. Status of Work Program: The following is a quick synopsis of each of the elements identified above. Transfer of Development Rights (TDR). This activity is part of the public involvement and discussion of the Technical Review Committee facilitated by the Farm Friends contract. In addition, PDS has identified the need to have a coordinated TDR program that addresses the various interests in TDR's throughout Whatcom County. This same subject has come up in Lake Whatcom, Birch Bay Watershed Characterization, and other planning efforts throughout the county. Washington State is completing a technical study of TDR programs that is due out this spring. Upon completion of that study, we intend to review those results and begin a dialogue on how the various program components can be coordinated and implemented in Whatcom County. The coordination role for this activity will be assigned to the Senior Planner position currently vacant in PDS, but will also involve county staff in the Purchase of Development Rights program (Samya Lutz), open space program (Erin Osborn) and watershed/natural resource planning program (Peter Gill and Cathy Craver), and will include coordination with cities that will likely be vital to the potential success of this effort. 3 Agricultural Mitigation Ordinance. The Agricultural Advisory Committee has been reviewing this issue for the past three years. The concept is to ensure that the overall agricultural land base is not reduced by UGA expansion. Ways to implement this concept include replacement of land of a like quality as the land being absorbed by UGA expansion and not already designated as agricultural land. Other options include purchasing mitigation through a TDR bank as a convenient alternative to finding like parcels at time of expansion. PDS staff intends to facilitate this discussion with the Agricultural Advisory Committee over the next year. The Growth Management Act requires that we coordinate our plans and development regulations with adjacent jurisdictions, and that we are internally consistent. Since this subject involves how city's might grow, and might require coordination with other planning elements, such as transportation plans or environmental protection, PDS would recommend that the principles of the committee get incorporated into potential amendments of the County -wide Planning Policies. This approach will ensure that county and the cities within will follow those principles in the review and update of comprehensive plans required in 2011. The County can incorporate the principles into plan amendments or development codes prior to 2011 provided that the requirement of coordination and consistency are achieved. Cluster Design. This task addresses concerns about cluster development in agricultural or rural lands with agricultural overlays. The deed restrictions and other measures for reserve tracts and remainder parcels are a concern from the agricultural use perspective. The development community is also concerned about the cumbersome rules and where the residential areas are sited on the property. Finally, agriculture protection, critical areas protection and housing development is quite often in conflict. In order to help expedite this review, the County Executive has authorized budget transfers to hire a consultant to review the subject and develop a proposal. Staff is preparing the Request for Proposals and is ready to begin solicitation of proposals by the end of April. Expansion of the Agricultural land designations from Rural to Agriculture. In March 2007, the Agricultural Advisory Committee and PDS completed the Rural Land Study. The objective of that study was to identify and map areas within the Rural 5 and Rural 10 zones that are of agricultural significance and may require additional protection to ensure long-term agriculture viability. The areas identified in the study were in addition to and incorporate the Purchase of Development Rights program's twelve target areas. The conclusion of that study was that the areas identified comprise some of the best soils and are in close proximity to the heart of actively farmed land within Whatcom County. The Agricultural Advisory Committee recommended that Whatcom County develop heightened agricultural protection measures for the rural areas identified by the study. The Long Range Work Program submitted to Council on March 31, 2008 identifies this task to be incorporated into the Technical Review Committee work and the GMA 2011 review and update work. To address the intention of this docketed item and the conclusions of the Rural Land Study is likely a multi -prong effort: 1) Amend Land Use Map for certain areas that should be designated Commercial Agriculture based on criteria 0 in the comprehensive plan; 2) Amend the zoning code regarding cluster development in the Rural lands with Agriculture Potential Overlay; and 3) Address the mitigation issues for potential loss of Agriculture land due to urban development. Add Whatcom-Labounty soils to the list of Agricultural Protection Overlay soils. It is unclear whether this issue has yet to be forwarded to the Agricultural Advisory Committee. PDS staff will ask the Committee whether they wish to review this subject and report back to Council on their recommendations. Aa Tourism. This issue appears to be an older zoning docket item. PDS staff is researching the details of this proposal which has not been recently docketed. The importance of this subject might be critical to the economic success of agricultural activities, so it is a topic that is worth exploring with the Agricultural Advisory Committee in the coming year. Boundary Line Adjustments in Ag Zone. This issue is also an older zoning docket item. Although the language appears to have been amended not too many years ago, a recent case that PDS had ruled on was appealed to the Hearing Examiner. The intent of the Agricultural zones and the potential ruling of the Hearing Examiner in this case highlights that this issue should probably be addressed in the coming year as a potential code amendment. Public Involvement. Whatcom County entered into a contract (200711051— A2007-496) with Farm Friends to facilitate public involvement in development of the agricultural work program. The Public Involvement Plan was forwarded to the Council on January 31, 2008. Farm Friends will be available to talk about the plan. Related to this issue is the question that was raised about the Technical Review Committee. The composition of this committee has been discussed for almost two years according to minutes of the various Council committees (see below). • April 25, 2006 — Council Natural Resources Committee discussion included discussion that an agricultural committee reviewing the work program should be comprised of a variety of people. McShane stated he would be interested In the positions of real estate associations, building Industry, bankers, lenders, and others who aren't directly tied to the natural resource industries. • May 23, 2006 — Council Natural Resources Committee received a presentation from Troy Holbrook and Dennis Rhodes on the Comprehensive Resource/Agricultural Work Program. A technical advisory committee was identified and discussed (see excerpt of minutes below). 5 Rhodes stated they initially considered a technical advisory committee and citizens advisory committee. After meeting with Agricultural Preservation Committee and Agricultural Advisory Committee, the committee members indicated they wanted to be actively involved in the process. The Constituency of both committees Includes not only farming, but economic development and business. The committee members provided staff a list of people who should be Involved In the discussion. It Includes the County Planning Department staff, Natural Resource Conservation Service (MRCS), Conservation District , Washington State University (WSU) Cooperative Extension, Agricultural Preservation Committee, Agricultural Advisory Committee, Board of Realtors, Building Industry Association (BIA), forestry organizations, and mineral resource organizations. Those are the technical representatives to consider and Include In a technical advisory committee. The structure has yet to be determined. The administration is working on It. McShane stated the Council will discuss where It wants to go with this committee. Rhodes stated staff is trying to be Inclusive without being cumbersome. Rhodes stated the Agricultural Preservation Committee and Agricultural Advisory Committee didn't look at this as being a farmer -based discussion, but a resource protection issue. The Agricultural Preservation Committee and Agricultural Advisory Committee members say it's Important to Include the building and realty industries In the discussions. That's where the conflict Is. Engage both of those Interests In the discussion. McShane stated the trick is determining between the technical advice and advocating for an agenda. Rhodes stated they are trying to be careful in formulating the groups and organization. Brenner stated most of the Agricultural Advisory Committee members would put themselves in the category of environmentalist. The environmental community is represented by the Agricultural Advisory Committee. They are going to have to work with people who do development, especially if they set up a bank. • February 13, 2007 — Kraig Olason provided a presentation on the Agricultural Work Program and the docketed agricultural items. A question regarding the Technical Review Committee was forwarded by Council member Weimer. Weimer asked how the technical review committee will be created. Olason stated it will either be an ad hoc committee appointed by the administration or a formal committee with approval by the Council. He was looking to the Executive's Office to authorize the committee creation. The Technical Review Committee has been composed as set forth in these discussions. The Council has asked questions about the Committee as described above, but has yet to specifically request different composition or appointments. If the Council now wishes to add additional members to the committee, the Administration and the Committee would be receptive to those recommendations. 0 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-09 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: TWH 2/19/08 2/26/08 Finance Originator: (Ip E D Division Head: 3/11/2008 Finance Dept. Head: FEB 19 2008 3/25/2008 Finance Prosecutor: 'V�HATCO� COUNTY 4/8/2008 Finance Purchasin /au g COUNCIL et: Executi TITLE VF!ffOC1JVENT. Discussion regarding County Road Fund and Capital Project Review ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion with Public Works Director, Frank Abart and Deputy Administrator, Dewey Desler, regarding Road Fund and Capital Project Review COMMITTEE ACTION: COUNCIL ACTION. 2/26/2008: To be discussed in Committee of Whole in two weeks 3/11/2008: Held in committee for two weeks 3/25/2008: Not discussed. Held in Committee for two weeks. 4/08/2008: Hold in committee until Council -makes a decision on a new ferry. 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.waus1counciL 7 0 W O O O N 20 U! U Z 4aJ o c. F. 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CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: SM 216108 FOR'E C E , \v/ E D FEB 19 2008 0212612008 Finaice/Coun Division Head: 4/08/2008 Finance/Council Dept. Head: 4/22/08 finance/Counc Prosecutor: WHA € O COUNTY Purchasin lB d et: COUNCIL q Executive: TITL O D CUMENT: Resolution updating the 2006 amended appendix of the 2002 "atcom County Comprehensive Economic Development Strategy (CEDS) ATTACHMENTS: 1) Resolution 2) Revised CEDS Appendix SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public 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 Whatcom County Comprehensive Economic Development Strategy (CEDS) includes a list of community development projects identified by the County, Cities and other economic development agencies. The proposed amendment will add, remove or revise projects on the list to reflect new county priorities and updated community plans or priorities. The County Council previously adopted Resolutions to update the list in 2004 and 2006, and this update is being proposed for the year 2007. COMMITTEE ACTION. COUNCIL ACTION: 2/26/2008: Forwarded to Council for approval. 2/26/2008: Held until the City Council has May be pulled from Consent two meetings to review 4/08/2008: Withdrawn from agenda will be scheduled at a later date. Related County Contract #: Related File Numbers: Ordinance or Resolution 2002-248, 2006-378 Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. it Ll 12 GOM C� EXECUTIVE'S OFFICE County Courthouse 311 Grand Ave. Suite #108 �r Bellingham, WA 98225 ,yam:.,\ SHINGC MEMORANDUM To: Carl Weimer, County Council Chair County Council Members cc: Dana Brown -Davis, Clerk of the Council From: Dewey Desler, Deputy Administrator Date: April 11, 2008 0 Pete Kremen County Executive Subject: Resolution regarding Comprehensive Economic Development Strategy (CEDS) for Whatcom County The referenced Resolution was introduced at the February 26th County Council meeting, and was held over so that we could receive more input From the City of Bellingham's Council and Administration. We received new information that has been added to the Project list and now resubmit the Resolution for your consideration and adoption. The additions are located in the City of Bellingham section on Page 9 of the Appendix. Also, since this "updating" process started in 2007 and we hope to now complete it in 2008, we have changed the Appendix title to read "2008 Revised Appendix." Please let me know if you have any questions. Dewey Enclosure Office (360) 676-6717 County (360) 380-1403 Fax (360) 676-6775 TDD (360) 738-4555 13 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 2/26/08 RESOLUTION NO. A RESOLUTION OF THE WHATCOM COUNTY COUNCIL UPDATING THE 2006 AMENDED APPENDIX OF THE 2002 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) WHEREAS, the Economic Development Reform Act of 1998 identifies a Comprehensive Economic Development Strategy (CEDS) as a requirement to apply for assistance under the Economic Development Administration's (EDA) economic adjustment and public works programs; and WHEREAS, Public Law 105-393, implemented in 1999, amends the Public Works and Economic Development Act of 1965 and re -authorizes Economic Development Administration Programs for five years; and WHEREAS, certain areas within the County of Whatcom suffer from lack of infrastructure which continues to impede business retention and expansion and requires EDA assistance; and WHEREAS, the Whatcom County Council adopted a resolution approving the Greater Whatcom Comprehensive Economic Development Strategy (CEDS) in 2002, and; WHEREAS, the Whatcom County Council adopted resolutions amending the appendix of the CEDS document in 2004 and in 2006, and; WHEREAS, the list of community development projects in the CEDS has been updated by the County, Cities and economic development agencies to reflect updated community plans and priorities. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COUNCIL OF THE COUNTY OF WHATCOM AS FOLLOWS: The County Council of the County of Whatcom, State of Washington, does hereby approve the attached amendment (2008 Revised Appendix) updating the 2006 amended appendix of the 2002 Comprehensive Economic Development Strategy (CEDS) for submission Page 1 14 to the United States Department of Commerce, Economic Development Administration. BE IT FURTHER RESOLVED, that this resolution shall remain in full force and effect until such time that a new resolution of the County of Whatcom's County Council is adopted replacing this resolution. ADOPTED this day of , 2008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Pro cutor ( ) Approved ( ) Denied Pete Kremen County Executive Carl Weimer, Council Chair Page 2 15 s• F— z LU 2 O J W W 0 z Q F— z O M w 0 w O U L O �L co �U C co CL O U E O c O U O C O_ O CO CoU .F co O O O Q O O O co U O 16 I, • p v, o w b � �W] �W] �TW] � W �W] �W] � �W] ' p A ya i o o o P, U w .- w° y O U 'b O O 00 O\ O O 00 O p O O 00 O O O O O O O O OCD O o0 O O O O O O 69 enh O 6A l� M 69 69 �_ 6A M .-. N 69 69 W fj U -; N U N U U N U v+ U w U N U v+ U w U N U N U U rn •� p. p Q p Q p p Q p o p o p 0 O O O O O O O O a'3 a'3 a' 3 a'3 a3 a'3 a'3 a3 a'3 a'3 a 00 0 5 o W> . U r 0 o E . °' U U rn O (U � O C a O ++ 3 0 u N o i o E > o o .0 E A N M C:J O F 10 W) �o N l— :. 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Purchasing/Budget: 4/04/08 Executive: I v TITLE OF DO MEN : Approval to Award Bid 08-17 Alterations to the Courthouse Basement ATTACHMENTS: Memos from Finance and Facilities Management 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.) Facilities Management is requesting approval to award Bid 08-17 and enter into a contract for alterations to the Courthouse basement. Four bids were received on March 25. The low bidder is Myers General Commercial Corp. with a bid total of $248,778.00. This is a planned project and the funds are in ASR 2007-289. 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. _1 45 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 �gSHING110 DATE: 4 April 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager FINANCE/ACCOUNTING SUBJECT: Award of Bid 08-17 Alterations to the Courthouse Basement Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Bids were advertised for alterations to the basement of the Courthouse. Four bids were received on Tuesday February 25 and the results are noted below. Myers General 229,500.00 19,278.00 $ 248,778.00 Ebenal General 238,000.00 19,992.00 257,992.00 Roosendaal & Honcoop 258,940.00 21,751.00 280,691.00 Colacurcio Brothers 299.800.00 25.183.20 324.983.20 Facilities Management is requesting approval award the bid and enter into a contract with the low bidder, Myers General Commercial Corp. for a total of $248,778.00. ■ Funding This is a planned expenditure and funds were approved in ASR 2007-289. 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 Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-455546 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director MEMO TO: Brad Bennett, Finance Manager FROM: Michael Russell, Facilities Manager DATE: March 27, 2008 FACILITIES MANAGEMENT Lottie Street Annex 316 Lottie Street Bellingham, WA 98225-4010 Facilities@co.whatcom.wa.us MICHAEL RUSSELL Facilities Manager RE: Recommend to Accept Bid Award #08-17 — Alterations to Courthouse Basement On Wednesday, March 25, 2008 four bids were received in response to Whatcom County Bid #08- 17, Alterations to Courthouse Basement. The following bids were received: ✓ Myers General Commercial Corp. in the amount of: $248,778.00 ✓ Ebenal General, Inc. in the amount of: $257,992.00 ✓ Colacurcio Brothers, Inc. in the amount of: $324,983.20 ✓ Roosendaal-Honcoop Construction, Inc. in the amount of: $280,691.00 Myers General Commercial 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 Myers General Commercial Corp. be accepted. Funding for this project is provided in ASR# 2007-289 in the amount of $250,000.00. If you need additional information, please contact me at extension 50575. 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 M (360) 738-4555 47 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-174 CLEARANCES Ini ial Date Date Received in Council Office Agenda Date Assigned to: Originator: Drew Lenore Betz (� V-1 . _•_ :r (v V E D u APR 15 2008 °A"� 1 �eT C0N� C0UNTY COUNCIL 4/22/08 Finance/Council Division Head. Acting Dept Head: Drew Betz T V Prosecutor N Pnrchasing/Budget:iEf�� ft/; Executive: r/ Ald SUBJECT. Review and appA6val of tt r of Agreement and Letter of Support with Washington State University for Food Stamp Nutrition Education on What om County for 2009 program year. The agreement reflects in -kind contribution from the existing county budget for Extension. ATTACHMENTS. Introductory Letter of Agreement, Food Stamp Nutrition Education, and Letter of Support, Washington State University Food Stamp Nutrition Education Program. SEPA review required? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes , ( x ) NO Requested Date: SUMMARYSTATEMENT. Deliver nutrition education services to eligible adults and children in Whatcom County to improve dietary quality and physical activity, reduce food insecurity, improve food safety and food resource management in partnership with area schools and agencies that serve low income populations. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor WSU Whatcom County Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other W• WHATCOM COUNTY WSU Extension 1000 N. Forest Street, Suite 201 Bellingham WA 98225 Drew Betz Acting Director MEMORANDUM APR 1 0 2,008 Pr_TE. KRENIEN TO: Pete Kremen, County Executive COUNT Y EXECUTIVE Karen Frakes FROM: Drew Lenore Betz RE: 2009 WSU Food Stamp Nutrition E ation Program Letter of Support DATE: April 9, 2008 Enclosed are four (4) originals of 2008 Program Introductory Letter of Agreement and the Letter of Support for Food Stamp Nutrition Education Program between Whatcom County and Washington State University for your review and signature. ■ Background and Purpose WSU Whatcom County Extension is delivering nutrition education to low income adults and children throughout the county through the Food Stamp Nutrition Education Program (FSNEP). FSNEP is a federally funded program that allows a cash match of $1 for every $1 of in -kind support that comes to the program from non-federal public funds. In the case of Whatcom County, the match proposed is from the general fund allocation for WSU Whatcom County Extension. The University requires that two agreements are signed at the onset of the budget process. One is a Letter of Agreement between the University and the Agency of Record and the other is a Letter of Support with the Budget Detail listed. All cost share partners in the state sign these documents. The program currently exists in 25 Washington Counties. In Whatcom County, the program has 11 Cost -Share Partners, of which Whatcom County is one. There are at least 13 program partners whose clients benefit from the program. ■ Funding Amount and Source $33,002.00 General Funds, In -kind only through documented match. ■ Differences from Previous Contract This represents a difference of $6,565.17 from the 08 FSNE Contract. We were able to expand our storage space for the program in the basement of the Annex and we will be adding more part-time staff to handle the increased program requests. Please contact Drew Betz at extension 50285, if you have any questions or concerns regarding the terms of this agreement. Encl. Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: WSU Whatcom County Extension Contact Person: Drew Lenore Betz Contractor's Name: Wastiin h;, sitt-fe L{niver.5! - EO-e-►Ls�e,�, Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes x No Yes No If an Amendment, previous number(s): Is this a renewal? Yes No Contract Amount: (sum of original contract If a Professional Services Agreement is more than 15, 000 or a Bid is more than amt and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 33002.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10, 000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Provide the Food Stamp Nutrition The funds in this contract are all non -cash match from the general fund Education Program to eligible low income allocation for WSU Whatcom County Extension. All match is documented residents of Whatcom County. quarterly and records kept in the WSU Whatcom County Extension office as detailed in the Letter of Agreement. Nature of Contract Amt. ' ( Check one) Fixed Amount _ Not to Exceed _ Open Ended _ NotApplicable X Term of Contract: Expiration Date: September 30, 2009 Renewal Option Yes No x Last Renewal Expires: Special Dates or clauses that require calendaring: Paperwork is due in Puyallup on May 1, 2007 Contract Routing Steps & &nno : !sign or initial! [indicate date transmitted) 1. Prepared by: Drew Wore Betz Date 410918 [electronic] 2. Attorney reviewed.• Date [electronic] 3. AS -Finance reviewed: Date electronic] 4. Corrections made: Date lectronic] hard copy printed 5. Attorney signoff.• Date 6. Contractor signed: Date 7. Submitted to Exec Office Dateg-1 o -oL [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 50 WASHINGTON STATE UNIVERSITY �%��� ft: ' `'�' '�'` OXTENSION 0 w� _ aoo o�oo6 Introductory Letter and Agreement Food Stamp Nutrition Education WSU Extension forms partnerships with multiple community agencies to provide nutrition education for thousands of food stamp eligible people each year. Food Stamp Nutrition Education (FSNE), part of WSU Food $ense, is funded as an administrative expense of the Food Stamp Program. WSU contracts with DSHS, the state food stamp agency, and is reimbursed for 50 percent of actual costs, including costs documented by third party partners. The reimbursement is the federal share that covers WSU's costs to provide the program. Third party cost share partners do not receive reimbursements. Partners enter into an agreement with WSU and are responsible for claimed cost share. Local cost share must adhere to the same cost policies and requirements as those under the federal share. Regulations for the Food Stamp Program require that all administrative expenses be cost shared with state or local public funds. The public funds must not be from federal sources and must not be matched to other federal funds. Public funds are those raised by taxes, levies and enterprises of governments and appropriated for the public good. For the purpose of this program, federal funds never lose their identity. Federal requirements must be met for both the federal share of expenses and the matching funds. Local WSU faculty and staff assist community partners in meeting the fiscal requirements by providing instructions and worksheets and answering questions. The cost principles are specified under OMB Circulars A-87, A-21, and A-122. Allowable costs are also defined by Food and Nutrition Service (INS) departmental rules at 7 CFR 3016 and Food Stamp Program rules at 7 CFR Part 277, and the Food Stamp Nutrition Education Guidance issued annually. Extension's community partners document the value of their matching public funds as a best estimate on the Letter of Support, using provided worksheets for details. Community partners document actual, after -the -fact contributions quarterly with a Letter of Verification and supporting details. Partner agencies agree to maintain records of their FSNE cost share funds for audit for six years. WSU programs are subject to federal, state, and internal audits. ***************** LETTER OF AGREEMENT FOR NUTRITION EDUCATION Contingent on the award of federal funds, WSU Food $ense will provide education and other services as outlined in the Food Stamp Nutrition Education State Plan. In consideration of those services and the opportunity to participate in the program, the county/agency named below is agreeing to enter into a Letter of Support (attached) and to keep and provide the records and services outlined in this Introductory Letter and Agreement. I. PURPOSE & SCOPE This is an agreement between Washington State University Extension and Whatcom County to provide support for the delivery of nutrition education for the residents of Whatcom County who are Food Stamp eligible persons. This agreement: 1. Identifies the roles and responsibilities of each party for this activity. 2. Confirms the intent of WSU to provide nutrition education services to residents of Whatcom County who are Food Stamp eligible. 3. Confirms the intent of Whatcom County to provide non-federal public funds as matching funds detailed in the Letter of Support to increase nutrition education for eligible county residents. 4. Supports WSU's contract with the Department of Social and Health Services to deliver nutrition education for Basic Food (Food Stamp) eligible persons, including adults and youth. FSNE FY2009 County Government 51 II. UNDER THIS AGREEMENT WASHINGTON STATE UNIVERSITY WILL: 1. Develop a plan for the delivery of the nutrition education. 2. Hire, supervise and train staff to deliver the nutrition education program. 3. Provide travel costs, demonstration supplies and printed materials for nutrition education classes. 4. Provide technical assistance in preparing required documentation. 5. Maintain enrollment records of clients reached, and evaluate the impacts of the nutrition education intervention. 6. Report to Whatcom County officials regarding the outcomes and impacts of its programs. III. UNDER THIS AGREEMENT Whatcom COUNTY WILL: 1. Maintain records of matching fund contributions for audit for 6 years. 2. Provide the following as detailed in the Letter of Support (check all that apply): ® Provide County Extension staff to support the delivery of nutrition education classes. ® Provide space for WSU faculty and staff who work in the nutrition education program. ® Provide other goods and services for use by the nutrition education program. ❑ Other (describe) IV. IT IS MUTUALLY UNDERSTOOD AND AGREED BY AND BETWEEN THE PARTIES THAT: 1. Modification: This agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties. 2. Termination: This agreement may be terminated by either party hereto upon written notice delivered to the other party at least thirty (30) days prior to the intended date of termination. By such termination, neither party may nullify obligations already incurred prior to the date of termination. 3. Each party to this agreement shall be responsible for its own acts or omissions and those of its officers, employees, and agents. No party to this agreement shall be responsible for the acts and omissions of those not a party to this agreement and each party shall indemnify and hold the others harmless for any and all claims, injuries, damages, losses or suits, including attorneys' fees, arising out of its own acts or omissions and those of its officers, employees and agents. V. FUNDING This agreement is contingent on the award of federal funds. This agreement does not include the reimbursement of funds between the two parties. VI. EFFECTIVE DATE AND SIGNATURE This agreement shall be effective upon the signature of Washington State University and Whatcom County authorized officials. It shall be in force from October 1, 2008 to September 30, 2009. Washington State University and Whatcom County indicate agreement by their signatures. Daniel G. Nordquist, Director, OGRD/APSP Name/title: Pete Kremen, Executive Washington State University Agency: Whatcom Co /untv ( SBe. �ollOW;n4 aa9e� Signature Date Signature Date FSNE FY2009 County Government 52 Approved: Accepted for Whatcom County: PETE KREMEN Whatcom County Executive STATE OF WASHINGTON ) ) SS. COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Pete Kremen, to be 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: Ap rov as to form: fAEN N. F S Civil Deputy Prosecuting Attorney 53 Letter of Support Washington State University Food Stamp Nutrition Education Program Agency: Whatcom County Must be attached to Introductory Letter & Agreement. PROPOSED CONTRIBUTIONS Located in _Whatcom County/Project Program Year: 2008-2009 BUDGET CATEGORY Attach worksheets with details. Contribution - $ Amount SALARIES AND WAGES -include FTE % or hourly rate Cheryl Kahle, Sr. Secretary, 3hrs wk@$19.47 3,037.00 Vincent Alvarez, Tech. Coordinator 5 hrs mo @$17.90 h 1,037.00 SUBTOTAL SALARIES & WAGES $ 4,074.00 BENEFITS -state rate as % of salary .................................. _ Kahle 44.41 % 1,349.00 Alvarez 48.09% 498.00 SUBTOTAL BENEFITS $ 1,847.00 GOODS & SERVICES (list by category .................................. ................................... See attached Detail Worksheet* 5,666.00 Space Use Worksheet C, E or L) 8,120.00 Maintenance & Operations (Worksheet D or L) 12,992.00 $ SUBTOTAL GOODS & SERVICES $ 26,778.00 TRAVEL See attached Detail Worksheet* 303.00 SUBTOTAL TRAVEL $ 303.00 SUBTOTAL DIRECT COSTS -------------------------- ------------------------------------ --------------- $ 33 002.00 FACILITIES & ADMINISTR. (INDIRECT COST) --- I % $ - TOTAL PROPOSED CONTRIBUTION --------------- .... _.......... _......... _... ................. $ 33,002.00 Please complete: Source(s) of government (state, county, city) funds for above expenses County General Fund We attest that the intended contributions of support are government, non-federal funds that have not been used to match other federally -funded programs. I certify that I am a fiscal authority authorized to sign this letter of support and agreement. Pete Kremen Executive Name of Fiscal Authority (type or print) Title Signature Whatcom County Organization Date 311 Grand Avenue, Bellingham WA 98225 360-676-6717 Address (Street, City, State, ZIP code) Phone Number Valid for FSNE FY 2009 budget cycle. 2009 FSNE Ltr of Sup 54 Ag, Agency: Whatcom County Must be attached to Introductory Letter & Agreement. PROPOSED CONTRIBUTIONS Located in Whatcom County Program Year: 2008-2009 BUDGET CATEGORY Hrly Contribution - Attach worksheets with details. FTE Rate Total Hrs $ Amount SALARIES AND WAGES -include FTE % or hourly rate Kahle, Cheryl Sr. Secy 0.08 19.47 156 $ 3,037 Alvarez, Vincent, Tech. Coord 0.03 17.28 60 $ 1,037 $ - $ - $ - SUBTOTAL SALARIES & WAGES $ 4,074 BENEFITS -% of salary or rate per hour worked % ............................. ............................. ............................. ............................. ............................. :: Kahle 44.41 0 0.4441 $ 1,349 Alvarez 48.07 % 0.4807 $ 498 $ - SUBTOTAL BENEFITS 1 $ 1,847 GOODS & SERVICES (list by category) ............................. Building Use (depreciation, use allowance or rent -- Worksheet C) $ 8,120 Maintenance & Operations (actual cost or Standard Cost Option -- Worksheet D) $ 12,992 Standard Cost Option for Classrooms (Worksheet L Postage Worksheet H) $ - Office and classroom Copies Worksheet H & J) $ 4,410 Print Shop Copies 11 x 8.5 Worksheet H & $ Print Shop Copies 11 x 17 Worksheet H & J $ Other Print Shop expenses(folding) Worksheet H) $ - Office Supplies Dedicated to Food $ense Worksheet H $ Office Supplies and Materials Worksheet H $ - Courier Services Worksheet H $ Equipment Repairs Worksheet H $ - Network Lines Worksheet H $ - Phone lines and long distance Worksheet $ 1,256 Computer Support Services Worksheet H $ - E-mail box maintenance Worksheet H $ - SUBTOTAL GOODS & SERVICES $ 26,778 TRAVEL $ 303 Worksheet K if needed) SUBTOTAL TRAVEL $ 303 SUBTOTAL DIRECT COSTS $ 33,002 INDIRECT COST FACILITIES & ADMINISTRATION) 0.00% $ - TOTAL PROPOSED CONTRIBUTION---- $ 33,002 Linked Letter of Support WC 09.xlslDetail LOS 4/9/2008 55 Whatcom County Extension FTE April 2, 2008 Name Position Food $ense FTE Other FTE Craig MacConnell County Director 0 1.0 Drew Betz Extension Educator .5 .5 Michael Wallace Extension Educator .05 .95 Susan Blake Extension Educator 0 1.0 Cheryl Lovato-Niles Extension Coordinator 0 .75 Colleen Burrows Extension Coordinator 0 1.0 Jill Cotton MG Coordinator 0 .2 Joyce Jimerson MRC Coordinator 0 .51 Lee Anne Riddle Extension Coordinator .80 0 Barbara Doubet Extension Coordinator .80 0 New Hire R & E Program Asst. .60 0 Timeslip Help Nutrition Ed. Assts. 1.94 0 Cheryl Kahle Senior Secretary .08 .92 Vincent Alvarez Tech. Coordinator .03 .97 Totals 4.8 7.8 Whatcom County FTE Total 12.6 56 Worksheet A Attach to Letter of Support County/agency: Whatcom County Staff and Certain Cost Allocations' `� ram;"<r ,;:• ©�© Positionr ~�� F�`fry` xY^ t2sefor r �axs$ryFSNE - for FSNE• box use r C- Extension EducatorBarbara 1- Lee Anne Riddle Doubet Food $ense Coordinator ` - I - - I • - Vincent Alvarez - •• I • 1 1�_ 1 1 1 1 - Michael Wallace Extension Educator I RIM I ' & E ProgTarn Asst1 •1 �� 11 11- Timeslip Help Nutrition Education Asst. Total office FTEs (including FSNE) from agency's count of all staff - Total office FTE computers (including FSNE), from agency's count of active computers: % of office FTEs committed to FSNE: Col.l total 1 4.80 - total office FTEs This figure will be used on other worksheets to allocate use of common space and central equipment to FSNE. Network Line Charges Allocated to FSNE % of FTE computers allocated to FSNE: Col. 3 total 3.66 _ office total (if used, see Worksheet H) I If your agency has worksheets that provide this same detail, those worksheets may be substituted. Include any utilities that are linked to employee use (i.e. phone, computer support services) rather than to the general facility. Linked Letter of Support WC 09.xls\Wksh A Staff 4/9/2008 Valid for FSNE FY2009 budget cycle. 57 Worksheet B Attach P. 1 to Letter of Support Worksheet to Allocate Square Footage of Space to FSNE 1 County/Agency: Whatcom County 1 2 3 4 Name/space2 FTE FSNE FTE other Office Square Feet Sq. Feet allocated to FSNE Explanation Drew Betz 0.50 0.50 120 60.00 Col. 1 X Col 3 Lee Anne Riddle 0.800 0.00 80 80.00 Dedicated Space Barbara Doubet 0.80 0.00 80 80.00 Dedicated space Cheryl Kahle 0.080 0.920 100 8 Dedicated space Vincent Alvarez 0.03 0.97 100 3.00 New Hire 0.60 0.00 49.00 49.01) Dedicated Space Michael Wallace 0.05 0.95 120.00 12.00 �fz tea'+T ' t - - Q L ' 7'r. '4.e x 4 7 +t„b �.. J �R6`, d. `t r� wt r Wa, roF ' 'P �'b �'. � - ,� `i �d� ; ,��` Work room, hallways, employee break room, restroom 0.38 2,033 773 Equal access/use by all employees. * % from Worksheet A s us1 > - Meeting room 0.38 234 89.00 ** % use based on schedules Conference room 1 0.01 1 953 10.00 ** % use based on schedules Storage Dedicated 1.001 1 274 274.00 Storage Shared 0.38 1 490.00 186.00 Total square feet allocated to FSNE 1,624.001 Use this amount on Worksheets C & D See also "Related Information from OMB A-87, Attachment B [1] If your agency has worksheets that provide this same detail, other worksheets may be substituted. [2] See information from OMB A-87 below regarding idle capacity and employee health and welfare. Valid for FSNE FY2009 budget cycle. Linked Letter of Support WC 09.xls\Wksh B Sq Ft 4/9/2008 Worksheet C Space Attach to Letter of Support Name/address of agency/facility: Whatcom County Annex, 1000 No. Forest Bellingham Space Value for On -going Use Based on FTEs (e.g., County Extension Office) Maintenance and Operation costs for space are calculated on Worksheet D. Use one method: (A) Standard Cost Option for government -owned building (B) Depreciation on government -owned building (C) Use Allowance for fully depreciated building (D) Rent paid from non-federal government funds (A) Standard Cost Option for Space Agency Name Building owned by Space Allowance per sq. ft. Standard space allowance for nonfederal Government -Owned Space Only From FNS 4/11/06 $5.00 Square Footage Used by FSNE From Worksheet B 1,624.00 Annual Cost $8.120.00 (B) Depreciation on government -owned space Use for building not completely depreciated. Useful life is the number of years to fully depreciate the facility and is determined in the individual agency. Contact your Facilities Director. This method may be used only if building has depreciated value left: 1. Gross Acquisition Cost 1111011 2. (Less) cost of land 4. Net Acquisition Cost 5. Date of Acquisition: 6. Date of Complete Depreciation 8. Allowable Building Cost per year Line 4 : Line 7 #DIV/01 9. Total Square Footage of Building: 10,000 10. Square Footage Used by FSNE (From Worksheet B) 1,624.00 -` 11. % Allocable to FSNE Line 10 =Line 9 = 0.162 12. Cost Allocable to FSNE ILine 11 X Line 8 #DIV/0! For use on Worksheet E, Basis for Hourly Space Charge, if used: Depreciation cost per square foot = line 8 - line 9 ): I #DIV/0! 111 If your agency has worksheets that provide this same detail, those worksheets may be substituted. Valid for FSNE FY 2009 budget cycle. Page 5 of 14 Linked Letter of Support WC 09.xis\Wksh C On -going Space Use 4/9/2008 59 Worksheet C Space Attach to Letter of Support Name/address of agency/facility: Whatcom County Annex, 1000 No. Forest Bellingham Space Value for On -going Use Based on FTEs (e.g., County Extension Office) (C) Use Allowance for Fully Depreciated Buildings, Government -Owned Use for building that is completely depreciated. Useful life is determined by agency. Contact your Facilities Director. 1. Gross Acquisition Cost Year: 2. (Less) cost of landy 3. (Less) federal government contribution =' $0.00 4. Net Acquisition Cost $0.00 5. Use Allowance (20/ Line 4 X .02 $0.00 6. Total Square Footage of Building: . ` a :.. 7. Square Footage Used by FSNE From Worksheet B 1,624.00 8. % allocated to FSNE Line 7 - Line 6 = #DIV/0! 9. Cost allocated to FSNE Line 8 X Line 5 = #DIV/0! For use on Worksheet E, if used: Cost per square foot = line 5 #DIV/0! line 6: (D) Space — Rent paid from non-federal government funds 1. Annual rent for facility c 2. Total rented space (sq. ft.) Non M 3. Cost per sq. foot Rent, Line 1 - sq. ft., line 2 #DIV/0! 4. Square feet allocated to FSNE (from Worksheet B) 1,624.00 y 1 N5 `- 5. Allocated rental cost to FSNE Cost/sq.ft (Line 3) X FSNE sq. ft (Line 4) #DIV/0! [21 Defined as allowable cost in OMB A-87 Valid for FSNE FY 2009 budget cycle. Page 6 of 14 Linked Letter of Support WC 09.xls\Wksh C On -going Space Use 4/9/2008 0 Worksheet D Attach to Letter of Support Name/address of facility: Whatcom County Maintenance & Operations (M&O) M&O value for on -going use based on FTEs (e.g., County Extension Office) Use one method: (A) Standard Cost Option (B) M&O value based on actual expenses paid from non-federal government funds (A) Standard Cost Option M&O allowance/so ft Standard Operations & Maintenance/sq, ft. paid from nonfederal government funds From FNS 4/11/06 $8.00 4. Square Footage Used by FSNE From Worksheet B 1,624.00 Cost of Maintenance/Operations for on -going use $12,992.00 (B) M&O value based on actual expenses paid from non-federal government funds 1..�i.•' ��,'f —sec..UP Electricity Gas Water Other: Salaries, wages, benefits Administrative staff time for M & O Other P2A q Z' ^ \, Il Window washing am �i F J •+ .� ia'p: 'li(•. q�,,{jla'-5'��`� ' 'F�va Building repairs (LOS estimate based on history) Total M&O Costs for facility $0.00 Total Square Feet of Building M&O per square foot Total Cost, Total S . Ft. #DIV/0! Square Feet Allocated to FSNE (Worksheet B) 1,624.00 1AHocabIeM&OforFSNE M&O per sq. ft x sq. ft. I allocated to FSNE #DIV/0! NOTE: Separate worksheets are needed for multiple facilities. f 11 If your agency has worksheets that provide this same detail, other worksheets may be substituted. L1 Value of utilities that can be allocated by staff or computers, Le: telephone, network line, should be calculated on Worksheet A. Valid for FSNE FY 2009 budget cycle. Linked Letter of Support WC 09.xls\Wksh D On -going M&O 4/9/2008 61 YYU1KW1UUL rl auecri ro L ewer or auppon County/Agency: Whatcom County Other Goods and Services Office Copies $0.05 Print Shop Copies (11 x 8.5) $0 Print Shop Copies (11 x 17) $0 Other Print Shop expenses Office Supplies Dedicated to Food $ense Office Supplies and Materials Courier Services Copies — lesson materials for elementary classes 1 90,000.00 0.049 4 $4,410 Annual repairs, based on previous 0.38 Network line 0.00 3 $0 Phone lines each hone $6,610.00 0.19 5 $1,256 Computer support services (per computer) 3.66 5 $0 E-mail box maintenance (per mailbox) 0.00 5 $0 Liability Insurance $1,185.00 0.38 $450 Total $6,116 [1] If your agency has worksheets that provide this same detail, those worksheets may be substituted. [2] From Worksheet A, % of office FTE's [3] From Worksheet A, Network Line Charges Allocable to FSNE [4] From Worksheet J, Basis for Photocopy Cost Per Copy [5] From Worksheet A, Computer, Phone Line or E-mail Box Use for FSNE (column 3, 4 or 5) Obtain verification of computer support services and e-mail box maintenance from your Tr department Valid for FSNE FY 2009 budget cycle. Linked Letter of Support WC 09.x1s\Wksh H G&S 4/9/2008 62 Worksheet J Attach to Letter of Support County/agency Whatcom County Basis for photocopy cost per copy 1 Select the appropriate valuation method for the copy machine: depreciation, use allowance, or rent. Description of Equipment Purchase Date Cost Useful life (years) Annual Depreciation Cost. Useful life #DIV/01 Description of Purchase Date Cost Useful life Use Allowance Equipment (years) For fully depreciated equipment Cost X .06662 $0 Description of Equipment Annual rent or lease cost Canon Copier $474 Mo $5,688 Cost Equipment cost/value from one of the above methods) $5,688 Maintenance, based on history or contract included Annual paper use $5,000 Annual toner use included Other Total costs $10,688 Annual number of copies made by all users 220,000 Cost per coy $0.049 rl] If your agency has another worksheet that shows these details it may be substituted. r2l Use allowance rate stipulated in OMB A-87 Valid for FSNE FY 2009 budget cycle. Linked Letter of Support WC 09.xls\Wksh J Photocopy 4/9/2008 63 Worksheet K Attach to Letter of Support County/Agency Whatcom County Travel Details Purpose/frequency Total miles Rate permiler Cost Drew Betz, Site Visits to various locations 600 $0.505 $303 $0.505 $0 $0.505 $0 $0 Total $303 (Use worksheet if not enough room to list on budget page.) I Use agency's rate. Valid for FSNE FY09 budget cycle. Linked Letter of Support WC 09.xls\Wksh K Travel 4/9/2008 M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-175 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 04/09/2008 APR 15 2008 WHATCOM COUNTY COUNCIL 04/22/2008 Finance / Council Division Head: 04 �a o � Dept. Head. p �N —1/►f ®" Prosecutor: " Purchasing/Budget.- Executive: t� TITLE OF D UME T: Approval to Award Bid #08-33 for Annual Hot Mix Asphalt Prelevel Projects 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 Maintenance & Operations is requesting approval to award Bid #08-33 for the annual hot mix asphalt prelevel at various county locations. Three bids were received and Public Works would like to award to the lowest bidder, Whatcom Builders, Inc., in the amount of $508, 019.59. Funds for this purchase were approved in the current budget. 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 Coun 's website at: www.co.whatcom.wa.us/councik 65 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: 11 April 2008 AGO M CO p. .. G �A �9SHfNG�0 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOLINTING SUBJECT: Bid Award 08-33, Annual Hot Mix Asphalt Prelevel Projects Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Background Bids have been advertised and received for the annual hot mix asphalt prelevel projects. Three bids were received on Tuesday April 8. A detailed tabulation is included. ow Whatcom Builders 508,019.59 Associated Asphalt 512,461.55 Wilder Construction 595,583.32 Public Works Maintenance & Operations is requesting approval to award the bid and enter into contract with low bidder, Whatcom Builders, Inc. in the amount of $508,019.59. . Funding This is a planned project and funds were approved in the current budget I concur with this recommendation Approved as recommended County Executive AS Finance Manager 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 66 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 TO: Brad Bennett, AS Finance Manager MAIN -PENANCE £t OPERATIONS DIVISION 901 W. Smith Road Bellingham, WA 98226 Phone (360) 676-6759 Fax (360)676-6879 Mary A. Green, Superintendent THROUGH: Fr nk M. Abart, PW Director 4/10)OK 40- FROM: Mary A. Green, PW Maintenance & Operations Superintendent RE: Bid #08-33, 2008 Hot Mix Asphalt Prelevel DATE: April 9, 2008 ■ Requested Action Approval requested to award the bid and subsequent contract for the 2008 Hot Mix Asphalt Prelevel contract to the lowest responsive and responsible bidder, Whatcom Builders, Inc. in the amount of $508, 019.59. ■ Background and Purpose Bids were duly advertised for the annual hot mix asphalt prelevel. The Public Works Maintenance and Operations Division contracts out for the annual hot mix asphalt preleveling projects. Enclosed is a detailed bid tabulation of the three bid responses received for the hot mix asphalt prelevel. ■ Funding Amount and Source This is a budget expenditure, which was budgeted and approved during the 2007-2008 Budget process. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the April 22, 2008 Whatcom County Council Meeting. Please contact Mary A. Green at extension 50657, if you have any questions or concerns regarding the terms of this agreement. Enclosures 67 U) O U O J N O N C Z ci O A ch M gco m > 0 (L m� L Q N Q CX G O I M W O O N 1'`zry3 O o 0 o eo � O O O G o O o O u'J �Y � oO M O O O O N a.: k o 0 0 Sri Cl m pMp LO }?rG M (D r LO LO vi 69 ffJ 69, 69 69 69 • O Cn O J O O O 0 O Q 0 L, O Q 0 LL O p 0 0 � 0 -.. '. . dfia -.Z Ci O Ci S N d Ci 0 Ci O 1*1 ti N V r— N• ` ( o a o Sri a a'. , O O m O O cNo c c o o co v - 1 .O o r— LOt) CN,` o O o LC) "t to " �D V' g f< Cl) COD N t `ono Esi 64 69 c-R 64 Vf> 00 0 J ooaoQm L.L L.L O Lo S C) Ci M — N — U O m N O O LO 0 a cD .. g � O LO 69' G9 G9 (? ' O O O O COLO N d) ` LLOj CV l(j Ln O O O «') " O C' LO O QLO co co O OD O Ln ' oui o �oQo Qo 0 0 0 1 00 J O D L.L CD L.L m CD z ! O C'7 N O O LO d cD d '.,. ae" 4 N d O i?if. 2 3 o O o o Lq c L { Ci CCO O O Ci O cD V cD lM 0) o o LO 1.0 m 0) +O co LO ff9 69 69 64 6:i 64 ER J 0 0 0 LL O LL CDH O F o M N O O o O_ (.0 a) a cCN .D a) oLO f al €;�'t> 64 69 EA EA fH EA h c � r> N 0 .._ cu ._. N .p 16 �i Q �JJa o0 00 ate .� fn N •;6 .. _ c c g > > J ' U F- 'n if= A= ca n Of N W C J N Q N Q c S LT E m oo o 3 o 2 a°�i ib .?: M Z Z a cnw:Dw:D aUOUo r- wCDw Qayys; (n �O000UNoOo S Ll Q L.L Q cD H H �dQi N ch V U'7 co 0 M N (0 N C N 0 O N N 0 0 n O a v :n N w C N N a C (0 N l0 E .y d O) c aD aD c c W d .LC+ C 0 .N. C 0 E w CO 00 O' (a 0 a 2.2 16 2 0 N J 7 N U :3 @ O N CC Ca yca V d 2 U fp Lo C C a (D m L L C a O Q L cXX G :C Cis N C N a L Q _ E a c WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-176 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 4/11/08 n iE c E v E D 11�1 4/22/08 finance/Counc Division Head: APR 15 2OO® HATCom COUNTY Dept Head: Prosecutor. Purchasing/Budget: 6W -- 4/11 /08 COUNCIL o 4 Executive: I A TITLE OF DOC EN •Approval to Award Bid 08-27 High -Roof Van ATTACHMENTS: Memos from Finance and Public Works Equipment Services SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Services is requesting approval to re -award the purchase of a high -roof utility van for Facilities Management. Council approved the purchase in October of 2007. The vendor failed to place the order on time. The van has been re -bid and one response was received on March 25 from Rairdon's of Bellingham. Public Works feels that this bid is of good value. The total cost is $55,892.08. Funds for this purchase have been re -allocated from the existing equipment rental budget. ASR 2007-589 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. 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 �9`9HI N G�Ota DATE: 11 April 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase a High Roof Cargo Van FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose In October of 2007 County Council approved the purchase of a Dodge Sprinter Van using the Washington State Contract. The vendor failed to place the order with the factory before the production deadline and the state contract has since expired. A new bid was advertised and one response was received on Tuesday March. 25. B @ -_�Ib 1} � r��'�'1V �{;1� :.sue I 6 ® � � �� � �- �... y � •'`. � 0 � s_.�'-a I tiW - tl tYR�p c_ s����� B�P�Bf� III•;... Rairdo ns of Bellingham • I I • This vehicle is an addition to the fleet and will be used by Facilities Management. Public Works Equipment Services feels that this bid is of good value. The vendor is Rairdons of Bellingham. The total cost is $55,892.08. ■ Funding Funds for this purchase were originally approved in the 2007 budget, reference ASR 2007-589. Public Works is requesting approval to re -allocate available funds in the current Equipment Services budget. I concur with this request. Aw Ee-'aa en - 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-455570 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director '60M CO P G 0 I N G� MEMORANDUM TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director ,�A FROM: Eric L. Schlehuber, PW Equipment Services Manager 16 RE: Bid #08-27, High Roof Cargo Van DATE: April 2, 2008 901 W. Smith Road Bellingham, WA 98226 Phone (360)676-6759 Fax (360)380-8115 Eric L. Schlehuber, Division Manager ■ Requested Action After researching the costs for a high roof cargo van, I am requesting Executive and Council approval to purchase one 2008 Dodge Sprinter 3500 Cargo Van from the sole responsive bidder, Rairdon's, in the amount of $55,892.08 to replace the following: AS / FAC Addition ■ 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. Bids were originally advertised under Bid #07-84 for this high roof cargo van and no bids were received on September 25, 2007. Due to no bid response, we requested to proceed with this purchase through the Washington State Bid Procurement List under Bid Contract #05006. Whatcom County Council awarded this purchase to Dwayne Lane's Fleet through the state contract. Due to an ordering error, the vehicle was not ordered in time to meet the factory deadline. Due to not needing to purchase a couple other capital replacements in 2008, adequate budget authority currently exists. This purchase was approved for continuing appropriation in 2008 in the amount of $52,010.64. however due to this vendor change this budget appropriation is not usable. The above listed department will use this unit in the performance of county business. Bids were duly advertised for this high roof cargo van. One bid was received Tuesday, March 25, 2008. Below is the detailed bid tabulation for the sole responsive bid that meets minimum specifications. Rairdon's 2008 Dodge Sprinter 3500 Cargo Van $51,079.00 $387.00 $4,426.08 $55,892.08 ■ Funding Amount and Source Adequate budget authority exists in the 2008 budget. I am requesting Executive and Council approval to purchase this unit from Rairdon's in Bellingham, Washington for the base price of $51,079.00 per unit plus options price of $387.00 and sales tax of $4,426.08, for a total of $55,892.08. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the April 22, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 71 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-177 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 4/11/08 R E C E 11 V E D APR 15 2008 4/22/08 finance/Count Division Head. Dept. Head., WHATC®M COUNTY COUNCIL Prosecutor. Purchasing/Budget: 4/ 1 1//08 Executive: TITLE OF DOC MENT.-I Sole Source Purchase of Election Envelopes ATTACHMENTS: Memos from Finance and the Auditor SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE 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 Elections Department is requesting approval to purchase election envelopes. K&H Integrated Print Solutions has been determined to be a sole source for this particular envelope set. The approximate total cost of this purchase is $107,155.62. This is a planned purchase and funds exist in their current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 72 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 11 April 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Election Envelopes FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us BRAD BENNETT Manager ■ Background The Auditor's Election Department is requesting approval to purchase election envelopes. With the change to a mail -in voting system the ballots require a special envelope system. Currently, there is only one vendor that can furnish an envelope that meets both the Postal Service and the County's requirements. Having declared K&H Integrated Print Solutions a sole source, the Elections Department is requesting approval to purchase envelopes for the upcoming 2008, through February 2009 elections. By ordering a larger quantity the Auditor anticipates saving approximately $8,280.00. The total cost of the order is $107,155.62. ■ Funding This is a regularly budgeted item, and funds for this purchase were approved in the current budget. I recommend approval. 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 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 M (360) 738-455573 Whatcom County '. Auditor's Office Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 360-676-6740 360-738-4556 FAX 360-7384555 TTY E-mail: auditor@co.whatcom.wa,us www.co.whatcom.wa.us/auditor MEMORANDUM To: Brad Bennett, AS -Finance Director �n / From: Debbie Adelstein, Chief Deputy Auditgr��;� Date: March 17, 2008 Re: Election Envelope Order — Council Approval SHIRLEY FORSLOF Auditor DEBBIE ADELSTEIN Chief Deputy It is time to place the order for election envelopes for this year's elections. K&H Integrated Print Solution has been designated as a sole source for these envelopes (see attached) exempting us from taking this out to bid. Based on our calculations we will need 345,000 sets (outer, return and secrecy envelopes) to cover the anticipated elections in 2008 and February of 2009. (We have a backup supply of 100,000 in case of emergency.) The price for these envelopes is $0.155 per set, totaling $53,475. By purchasing an additional year's worth (taking us through elections in February 2010), we project a cost savings of $8280 is available. Therefore, we are asking for approval to purchase 690,000 sets of envelopes for a purchase price of $98,670. Adding tax of $8485.62, a requisition for $107,155.62 is attached. Since the order is in excess of $35,000, we are requesting that you obtain council approval for the purchase of these envelopes. If you have any questions, please feel free to contact me. Cc: Members of the County Council Shirley Forslof Pete Griffin Licensing/Recording Administration/Internal Audit Elections 360-676-6740 360-676-6744 360-676-6742 74 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-178 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: E. Slroebel � C 4/22/08 Finance/Council Originator: ��-' t 0 g � � � � � � vn � D K. Christensen fb Division Head: APR 15 2008 F. Aort Deb Head: !! K. Frakes Prosecutor: 6 �d�T'� pfi ATCO !V9 A COUNTY i M. Caldwell Purchasin /Bud et: MD 4/9/08 COUNCIL P. Kremen Executive: y / v TITLE OF DO ME ` . Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring Contract ATTACHMENTS: 1. Memorandum Z Contract Information Sheet 3. Contract SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires 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.) Previous monitoring indicates Kamm, Fishtrap, and Scott subwatersheds in the Nooksack Basin are characterized by elevated levels of fecal coliform bacteria in surface waters. This contract provides for design and implementation of a fecal coliform bacteria monitoringplan in the tributaries draining into Portage Bay and will help refine characterization of these bacteria "hotspots" by conducting a one year intensive sampling program. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 75 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director TO: THROUGH: FROM: RE: DATE: MEMORANDUM The Honorable Pete Kremen, County Executive, and fhe Honorable Members of the Whatcom County Council Frank M. Abart, Public Works Director l�1(169 Kirk N. Christensen, P.E., Stormwater Manager Ydt✓ STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcounty.us RECEIVED APR 112008 PETE KRERAEN COUNTY EXECUTIVE Contract between Whatcom County and Herrera Environmental Consultants for Portage Bay Shellfish Protection District Water Quality Monitoring April 9, 2008 Enclosed for your review and signature are two (2) originals of the contract between Whatcom County and Herrera Environmental Consultants (Herrera) for Portage Bay Shellfish Protection District Water Quality Monitoring. ■ Background and Purpose The Portage Bay Shellfish Protection District was established in 1998 due to poor water quality in Portage Bay and a downgrade of the shellfish growing areas. In 2006, the remaining restricted areas of the bay were upgraded to an "Approved" status. However, several subwatersheds within the district continue to exceed water quality standards for fecal coliform bacteria and threaten the status of the shellfish area. Herrera will assist with a one-year, intensive water quality monitoring project in three priority watersheds (Kamm, Scott, and Fishtrap). This includes preparing and implementing a monitoring plan, analyzing data and preparing a final project report. Herrera is a party on the 2007 and 2008 RFQ Professional Services Rosters and was chosen as part of a competitive selection process. ■ Funding Amount and Source Total project cost is $57,925 and is funded through the 2008 Water Resources Fund (117900) which includes a reappropriation of funds from the 2007 Water Resources budget. Please contact Erika Stroebel at extension 50692, if you have any questions or concerns regarding the terms of this agreement. Attachments 76 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Public Works — Stormwater Contract Administrator: Erika Stroebel, Senior Planner Contractor's /Agency Name: Herrera Environmental Consultants Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) 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 $_57,925 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services Previous monitoring indicates Kamm, Fishtrap, and Scott subwatersheds in the Nooksack Basin are characterized by elevated levels of fecal coliform bacteria in surface waters. This contract provides for design and implementation of a fecal coliform bacteria monitoring plan in the tributaries draining into Portage Bay and will help refine characterization of these bacteria "hotspots" by conducting a one year intensive sampling program. Term of Contract: Ex iration Date: 813112009 Contract Routin.2 Steps & Siknoff fsian or initiall (indicate date transmitted 1. Prepared by: Remy Stratton Date_419108 [electronic] 2. Attorney reviewed: Date tI-1 i --a SC [electronic] 3. AS Finance reviewed: MCaldwell Date 419108 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Date Z Contractor signed: ,/ Date -1—o -0 8. Submitted to Exec Office / Date y- (t-28 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page this form may need to expand to more than one page 77 g§' yy�� `. I ek I@ i C� ���� 9 �S� ���EYcOd� dam. %sU a Whatcom County Contract No. QUO k0 � 0 0 7 CONTRACT FOR SERVICES AGREEMENT Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring Herrera Environmental Consultants , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 12 Exhibit B (Compensation), pp. 13 to 13 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 23rd day of April , 20 08 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of August 20 09 . The general purpose or objective of this Agreement is to: Design and implement a fecal coliform bacteria monitoring plan in the tributaries draining into Portage Bay and conduct a one near sampling program as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 57,925 The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this 10 day of �� , 20 08 CONTRACTOR: Herrera Environmental Consultants N/ (Carlos Herrera, President STATE OF WASHINGTON ) ss. COUNTY OF i ) On this lei. day of 20dbefore me personally appear d aos-WeKem to me known to be the' resident of Herrera Environmental Consultants and wh executed the above instrument and who ac owled o the act of signing and sealing thereof. ID and for the State of Washington residing at C 1' My commission expires l Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 1 WHATCOM COUNTY: . Recommended for Approval: / rank M. Abart . Date Public Works Director Approved as to form: ep Karen Frakes ate Senior Civil Deputy ecuting Attorney Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Herrera Environmental Consultants Carlos Herrera, President Address: 2200 Sixth Avenue, Suite 1100 Seattle, WA 98121 Contact Name: Miranda Erickson Contact Phone: (206) 441-9080 Contact FAX: (206) 441-9108 Contact Email: merickson cDherrerainc.com Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 2 79 GENERAL CONDITIONS Series 30-39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractors receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under thecontract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29. Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B" Where Exhibit "B" requires payments by. the County, payment shall be based .upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer') the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 3 iI 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages,provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify, and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 4 31.1 Ownership of Items Produced: All writings, programs, data, public records, or other materials prepared by the Contractor and/or its consultants or subcontractors, connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause, or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents, or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 5 Likewise, COUNTY agrees to indemnify, defend, and hold harmless the CONTRACTOR from any and all claims, liabilities, obligations, governmental penalties, fines, and causes of action of whatsoever nature, including injury to or death of any person or damage to or destruction of any property resulting from negligent acts or omissions or willful misconduct of COUNTY, COUNTY's employees, affiliated corporations, or officers including court costs and attorney's fees, excluding only those caused by the sole negligence of CONTRACTOR. If the negligence or willful misconduct of both the COUNTY and CONTRACTOR (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the COUNTY and CONTRACTOR in proportion to their relative degrees of negligence or willful misconduct. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 6 Jon Hutchings, Ph.D., Assistant Director Whatcom County Public Works 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone: (360) 676-6692 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40.49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing, and signed by both of the parties. 40.2 Contractor Commitments, Warranties. and Representations: NOT APPLICABLE 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall b0nal and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 7 01 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 8 Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring On March 5, 2008, Whatcom County Public Works authorized Herrera Environmental Consultants (Herrera): to prepare a. scope of work and :cost estimate to design and implement a fecal :coliform bacteria monitoring plan in the .tributaries draining .into Portage Bay. Water qualitymonitoring has been:conducted throughout the Portage. Bay Shellfish Protection. District since 1998. Previous .monitoring .has :indicated that three .subwatersheds in the Nooksack basin — Kamm, Fishtrap, and Scott — are .characterized: by elevated levels .of fecal coliform bacteria in surface waters. Whatcom Count(County) would like to further refine:the characterization of bacteria "hotsp:ots" within these basinsbyconducting a one year intensive sampling:program. To implement this project,.Herrera -will review existing monitoring programs and data for . assessing bacteria contamination .in Kamm, F:ishtrap, and Scott watersheds. In consultation with the County, .H.errera will then deve.l.op a: quality.assurance:project :plan (QAPP) for monitoring related'to.this project that will compliment these -existing mon itoring programs. .On.ce:the QAPP is approved by the County, Herrera will. then conduct the monitoring program. and summarize the results ina final project report at.the:end ofthe one year monitoring:program. This scope of work includes a discussion °of the activities, assumptions., deliverables, and .a schedule: associated with this:.project: ■ Task :1.0 —Quality Assurance 'Project Plan Preparation ■ Task 2.0 — Monitoring :Program Implementation ■ Task. 3.0 — Reporting Disk 4 0 — Project .Management/Contract. Administration. Task .1.0 — Quality Assurance Project Plan Preparation Herrera will attend a kick-off meeting with the County prior to drafting the QAPP to define the specific goals and:objectives: of the monitoring program and discuss the basic:elements of the experimenta..l design that will be. required to address .these goals and:.objectives. Specific topics that will be covered. will. include: ° Definition of.goals:and.objectives • Sampling and flow' measurement methodology ■ Number and location of primary.sites and: alternate: sites • Event=based data. submission :procedures. Subsequent to :the kick"offmeeting ,:Herrera will develop a formal QAPP:for'thaproject. This QAPP will be prepared in accordance with Ecology's .Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies. The QAPP will incorporate theproject:goals.and objectives that were defined in the kick=.off meeting. Specifically, xrc nwm..eYnrvsow-O�IIN7.9 . April 8, 2008 1 Herrera. Environmental Consultants Contract for Services Agreement [042308 Portage Bay SPD FC Monitoring v 1.0 Page 9 EXHIBIT "A":(continued) ,SCOPE OF WORK the QAPP will .include detailed :information of the water quality monitoring approach and laboratory.protocols, including types of data and samples to be collected, sampling location, sampling frequency, sampling procedures, analytical methods, quality control. procedures, data handling protocols, and data assessment procedures. .Any discussion of the monitoring approach will include anexplanation of how the project will yield sufficient. information to:achieve the purpose and.intent of the:monitoring. A discussion of data accuracy andatatistical requirements will also beJnciuded. The QAPP Will be submitted to the County for review, comment, and approval ;prior .to commencing any monitoring: activities.. Assum.:ptions ° Two Herreraxepresentatives will attend a kick=.off meeting in Whatcom :County. ° Whatcom County will conduct. all site reconnaissance and bring :a .list of potential monitoring sites to the kick=off meeting. The final:site selection will :be made after discussingthe goals, objectives, and monitoring approaches. ° The County will provide consolidated comments: on the -draft: QAPP within 3 weeks of their submittal. Deliverables ° Herrera will submit an electronic (PDF and MS Word) copy'ofthe draft QAPP to :the County by May 15, 2008. ° Herrera Will. submit 3 hard copies. and :an electronic copy (PDF) .ofthe final QAPP to the County by June 2, 2008. Task 10 - Monitoring Program .implementation Herrera will implement the monitoring program over a 12=month. period beginning on June 1, 2008 andending on May 31, 2009... This monitoring will be -performed in.accordance with sampling methodologies and quality assurance procedures to be identified in the QAPP that is referenced under Task .1.0..Because . specific details of monitoring program will. not be available until.the kick-off meeting is held, some assumptions were made with regard to the number of sampling stations and frequency of sampling in order to develop a. cost estimate for thisscope of work. Specifically, it was assumed that sampling. wii.I occur. at twenty.separate locations for this. monitoring program and that 4ow monitoring at each, location would not take more than 15 minutes, on average. At each location, -one grab::sample will be .collected on a monthly basis. Eachcollected sample will -be analyzed for fecal coliform -bacteria. Instantaneous.flow.measurements willbe made:immediately following.sample collection at each monitoring station. April8, 2008 2 Herrera: En Vironmentat Consultants Contract for Services Agreement [042308 Portage Bay.S.PD FC Monitoring v 1.0 Page 90 an EXHIBIT "A".fcontinued) SCOPE OF WORK All required analytical procedures millbe performed :by. an Ecology accredited laboratory. The laboratory will provide sample and quality control data :in standardized reports that are suitable for evaluating :the project:data. Herrera will submit -these reports to he County within 12.hours of their receipt from the 'laboratory.. A data validation memorandum will be prepared at.the end ofthe monitoring year (and included with the final report) that summarizes.all quality control results, identifies when data quality. objectives were not m.et,:and discusses the: resulting limitations, if any; on the.use or interpretation of the data. Laboratory data will be entered :into a spreadsheet for all subsequent:data:management and archiving tasks. Herrera's: quality assurance officer will. perform an independent review of all data entry:to :ensure individual sample values were entered without error. Assumptions ® Each:monthlysampling event will.require 16-hours to complete, including travel, mobilization, and:demobilization.time. • Eacb. monthly sampling event will be performed by 2 Herrera staff working either in conjunction .or independent of one another (depending upon time constraints). • Sampling locations will be located on public land or right-of-way and in close proximity to one another whenever possible. • Sampling willbe conducted on. a.Monday, Tuesday, or Wednesday so that laboratory results can be obtained the same week. Deliverables ' Herrera will submit laboratory reports from each monthly sampling event ao the County within 12 hours of their receipt from the laboratory. Samples that..exceed 0G.cfU/ 10:0mL will be .reported to the County within two: days of sample collection. Task 3.0 — Reporting Upon completion of the monitoring activities identified in Task.:2 0, Herrera will prepare a f nal monitoring report for the project. This report will. identify the specific: goals: of the. monitoring program -,and then describe the monitoring procedures -that were ruplemented to achieve those goals. It will :then present:andevaluate the results from the monitoring program using supporting graphical:and/or tabular representations of the data as necessary. Results from statistical analyses that are performed on the data will also be presented and discussed In detail. Finally, majorconclusions :from the monitoring.program will be presented at the end of the report. Appendices to the: report will include tabular compilations of alfraw monitoring data, field data me.'"mffle Agv 0l010S April 8, 2008 3 Hermra Environmental Consultants Contract for Services Agreement [042aO8 Portage Bay SPD FC Monitoring v 1.0 Page 11 EXHIBIT "A" (continued) SCOPE OF WORK sheets, laboratory:analytical reports,. chain of custody documentation, and the data validation memorandum. This report will be. submitted to the County for review, comment, -and .approval. Once the final -monitoring report has been ,approved by the County, Herrera will make all the project data available to the County in an electronic format that:is compatible with the C.ounty's GIS. Herrera will also forward all project:data.to:the County in an electronic format that conforms to the submittal requirements for Ecology'sEnvironmental Information Management (EIM) system. Assumptions The:Co.unty will provide consolidated written comment on the draft versions of the project:report within three weeks of their submittal. ® 'Raw data will be:submitted in Excel file format. Deliverables Herrera will submit an electronic copy (PDF and MS Word):ofthe draft project report to the County by June 30, 2009 for review and comment. Herrera will submit four hard .copies and.an electronic copy (PDF) of the final project.reportto:the C.ounty.by:July 31, 2:009. Herrera will submit all: project data to the County in electronic formats that are compatible with -the County'.s GIS and Ecology's EIM.system by August 3, 2009. Task 4.0 — Project Management/Contract Administration Herrera will be responsiblefor ongoing contract administration :ofthis .project, .including preparing invoices and progress reports, as well:as coordination of work:efforts with the designated .client point of contact (Erika Stroebel). Herrera's project manager and contract manager will have phone and e-mail contact with the County on an. as -needed. basis. Deliverables ■. Progress reports and invoices. �,a�r �:anlay April 8, 2008 4 Herrera Environmental Consultants ContractfiorServices Agreement [042308 Portage Bay SPD FC Monitoring v 1.0 Page 12 89! m m off¢ t � � Q C oUo � a r n0 E m� E2 d' dl o o y � � y L °1 c y � e E NL uT. O CO m � fl m m m '� 0 m ECCDOym cc�'8 Fj V_ed v y c$ S U E.0 m S Z �v2i=_ m - 3 a q a �F. O m mLu coZ 8c'`0C€ ;WJ. paEe O W d ig 4 8= ?! Ix fL � Lea �' � uj m ttl �._ E ;I �'n$o R mS m W m a m m -�= n�Em f3_Emm 6 E W d mL �. m � m Ul L. R S 81'149 vdE�� =p m� O m Yi .S rnm� m 'ff m `o Z E m mEa m m M O c m a 'o m c .. h c m v m m 33 3;so, a814 ;wr�vS' 9 p !P t '7A t8 N va N U m, ha OS r. ffAM 6� N M N J In u` U y U N t6 so Ur m �n 0 an K� h nnaOp Nr 21 T fy a on vvam m t8 T av av 5e�v�m -a In N o a o o 64 W W WPNMd'I Nv.00'oo mvmm W g�l�j,1. "4 LD bf x3o 80 M' SS D V o0 OO Sri 30 U V {y O M m Ate m yr M m {. ® L' SNNavovr+r a' i°v " va "a fly MS]+l dT I „ fV Sm� VN� r9 N' O U W T MMNQ) ��`?1' �{ � N Nat Ovl U �, kd fik G U OQ o a '§ � b �7 Q my N N N tl1. y aN v 7 moava a9 �vv'��o;mn lIn`mm to "a ea � va cl yy �a U >y W m Zan M ?W�000 NNtl'b b �❑ L a0 ;O ' o hmOm V x N V1am �N � 00 YO M�,w$i%a$�� S; 32 u � OOQ 02 E 8 8 OAom W BG�i.yS S b135 R� P r�i a aai4U r.R� V154�07 6� g aUU Wa v�j m o> c 0 C C G N L.L N � Qa U) M T N @ U m N N oa DOD � O C m O N Uo EXHIBIT C Client#: 12725 HERRENVI ACORD. CERTIFICATE OF LIABILITY INSURANCE 4l10 8D°"""Y' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bratrud Middleton Insurance Brokers, inc: Tac General ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1201' Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC # INSURED IN uamA: AMERICAN INTERNATIONAL SPECIALI LI Herrera Environmental ...... Con.§ulfarits Inc 2200 6th Avenue #1100 Seattle, WA 98121 INsuw & Commerce and Industry Insurance Co .. . . ......... . INsuRERci Liberty Northwest Ins INSURER INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTvmsTANOING ANY REQUIREMENT. TERM OR CONOITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NS TYPEOFIIRSURANCE POUCYNUMSER POUCLTA DATE MIDDAM DATCEYl7(PIRATION LIMITS A GENERALLIAeIUTY 2432675 05124/07 05124/08 EACHOCCURRENCE 511,000,000 X COMMERCIAL GENERALLIABILRY DAMAGE TO RENTED S50 000 LiNMS MADE [7k] OCCUR WOEXF' (Any one person) $5 000 PERSONAL&ADV INJURY si 000 000 X WA STOP GAP GENERALAGGREGATE s2,000,000 GEN'LAGGREGATELIMITAPPLJESPER- PRODUCTS -COMPIOPAGG s2,000,000 POLICY PRO LOC B AUTOMOBILE LIABILITY X ANY AUTO 6636437 05/24107 05124/08 COMBINED SINGLE LIMIT Maacdcleltl) 51,000,000 BODILY INJURY (perpeRson) 5 ALL OWNED AUTOS SCHEOULEDAUTOS X HIRED AUTOS X NONQWNEDAUTO5 BO➢ILYINJURY (PeracddwA) 5 PROPERTY DAMAGE (Per arddenl) s GARAGELIABILRTY AUTO ONLY -FA ACCIDENT S OTHEt rHAN EA ACC AUTO ONLY_ AGG S ANY AUTO s A E(CESMMORELLA LIABILITY X OCCUR CLAIMS MADE 2432817 05124/07 05124/08 EACH OCCURRENCE s2,000,000 AGGREGATE s2,000,000 S S RpEDUCTIBLE S X RETENTION S110,000 C WORKERS COMPENSATION AND WC43NC995985017 05/01107 05101/08 X wR LO oTH EMPLOYERS• LIABILITY ANY PROPRIETORMARTNEWEXECUTNE EJ_EACH ACCIDENT 510001000 ELDLSPASE-EAEMPLOYEE $1000 000 IIOFFaaFs�ICEAIMEMBEREXCLUDED? 6PEGAl PROVIS10NS balew E.L D15EASE-POLICY umrr 10,000,000 OTHER A Professional & 2432675 05124107 05124108 $1,000,000 Occurrence Pollution Liao. $ 000,000 Aggregate DESCMPnOT1 OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDFA BY GNDORSEMENTJ SPECIAL PROY191ONS RE: Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring. Whatcom Contract for Services Agreement 042308. Herrera Project No. 07-03839-000 (See Attached Descriptions) Whatcom County-Dept.of Public Works-Stormwater ATTN: Remy Stratton 2011 Young Street Suite 201 Bellingham, WA 98225 ACORD 25120011081 t of 3 1Lc9ar'2a7nu477daa SHOUL13 ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE T HE EXPDRA-nOH DAT@THEREOF, THE ISSUING INSURER WILL ENDEAVORTO MAIL, -,'An DAYSWRFVM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURRETO DO SO SHALL IMPOSE NO OBLIGATION ORLIABIL iYOFANYKINDUPONTHEINSURER.ITSAGENTSOR Ki _ _ I Loonn la ACORn CORPORATION 1988 91 IMPORTANT If the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certffcate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or after the coverage afforded by the policies listed thereon. ACORD 25S (2001108) 2 of 3 #S2152171MIWA93 92 93 This endorsement, effective 1Z:01 AM, 5/24/07 to 5/24/08 Forms a part of Policy No:. 2432675 Issued to: Nerrera "L'nviroumental Consultants, Inc. BY: American Interaational Specialty Lines THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGE A. 8 AND C This endorsement modifies Insurance previdad under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY _ ................ ._..._....... SCHEDULE Name of Person or Organization: WHERE REQUIRED BY WRR`TEN CONTRACT (If no entry 'appears above, information required to complete this endorsement will be shown in the Deciarations as applicable to this endorsement) It Is hereby agreed that Section It of the policy, WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects insuring Agreements A, B and C, but only with respect to liability arising out of your ongoing operations performed by you or on your behalf for that insured. Coverage is not afforded for the additional insured's own liability, which arises solely out of its acts or omissions. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract with the insured and subject to the limits of liability of this Policy. All otherterms, conditions, and exclusions shall remain the 78025 (5101) C 11456 PAG E 1 OF 1 E WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-179 CLEARANCES Initial Date Date Received in Council Office A ends Date Assi ned to: Originator: N/C _ow— t� �Oh g 4 / 22 / 08 Finance/Council J.N. Thom son � VEK.Division Head: tDLG Christensen / la ©�F. AbaHtad:yIO��APR 15 2008 Prosecutor:Purchson 03/20/08��•p HAH TG+t�M/ OUNTYPurchasing/Budget: COUNCIL slJilJ I iM Caldwell 3120108 Executive: P. Kremen r G TITLE OF DOCUMENT: Lower Canyon Creek Implementation, Phase I ATTACHMENTS. ■ Memo ■ Contract Information Sheet ■ Project Grant Agreement ■ Post -Evaluation Project Summary ■ Eligible Reimbursement Activities Report ■ Milestone Report by Project ■ Form A-19, Invoice Voucher ■ Press Release Template ■ General Provisions SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you 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 Project Grant Agreement willprovide $311,250 in grantfunding from the Salmon Recovery Funding Board matched with $103, 750 from the Whatcom County Flood Fund. This project implements the preferred restoration alternative. for Lower Canyon Creek The goal and objective of the project is to restore freshwater instream channel meander migration patterns, flood plain meander functions, sediment transport functions, dissipation, and water storage. 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.wauslcouncil. 95 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us RECEIVES APR 11 2008 PETS KREMEN COUNTY EXECUTIVE TO: The Honorable Pete Kremen, Whatcom County Executive and Chairman of the Board of Flood Control District, and Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Direct �4916, FROM: Kirk N. Christensen, P.E., Stormwater Manager RE: Project Grant Agreement with State of Washington Salmon Recovery Funding Board (SRFB) for Lower Canyon Creek Implementation, Phase I DATE: April 9, 2008 Please find enclosed for your review and signature two' (2) originals of the Lower Canyon Creek, Phase 1, Project Grant Agreement (RCO #07-1754R) between the Salmon Recovery Funding Board and Whatcom County Flood Control Zone District. ■ Background and Purpose This grant from the Salmon Recovery Funding Board will assist Whatcom County Public Works with implementation of a preferred restoration alternative for Lower Canyon Creek, a tributary of the North Fork of Nooksack River. Canyon Creek provides key tributary habitat for ESA -listed Chinook salmon, bull trout, steelhead, and other salmonids. The goal and objective of the project is to restore freshwater instream channel meander migration patterns, flood plain meander functions, sediment transport functions, dissipation, and water storage. ■ Funding Amount and Source This new agreement provides $311,250.00 in grant funds reimbursable from the Salmon Recovery Funding Board. Whatcom County will provide $103,750.00 in matching funds from the Flood Fund. The total project amount is $415,000.00. We are in the process of preparing a supplemental budget request to include the revenues and expenditures associated with this grant. This agreement takes immediate effect upon signing and will expire June 30, 2011. Please contact John N. Thompson at extension 50695 if you have any questions or concerns regarding the terms of this agreement. Enclosure 0 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aoogoq-ook Originating Department: Public Works - Stormwater /River & Flood Contract Administrator: John N. Thompson, Senior Planner Contractor's /Agency Name: Salmon Recovery Funding Board Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes _ No If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) _G0500170 CFDA number Is this contract grant funded? Yes _ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No If yes, RFP and Bid number(s) 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 $_415, 000 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services This Project Grant Agreement will provide $311,250 in grant funding from the Salmon Recovery Funding Board matched with $I03,750 from the Whatcom County Flood Fund. This project implements the preferred restoration alternative for Lower Canyon Creek The goal and objective of the project is to restore freshwater instream channel meander migration patterns, flood plain meander functions, sediment transport functions, dissipation, and water storage. Term of Contract: Expiration Date: 613012011 Contract Routing Steps & Sieno[f.` [sign or initiall [indicate date transmitted 1. Prepared by: Remy Stratton Date_3120108 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date 03120108 [electronic] 3. AS Finance reviewed: MCaldwell Date�3120108____felectronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff.• Daniel L. Gibson Date 03126108 7. Contractor signed: ,i Date---,? -5-o9-- 8. Submitted to Exec Office ,/ Date J!1 08 [summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 97 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Public Works — Stormwater /River & Flood Contact Person: John N. Thompson, Senior Planner Contractor's Name: Salmon Recovery Funding Board First Review: Approved As Is; Prepare Hardcopy for Signoff Needs Revision; Attorney Comments for suggested changes: The matter that needs to be addressed is the identity of the contracting party. Given the fact that we are using Flood Control funds, this must be a project of the Whatcom County Flood Control Zone District, with approval of the expenditure by the FCZD Board of Supervisors. Of course, that does force the question: does this project lie within the purview of the FCZD's powers? I believe that it can be justified but when FCZD funds are being used, we are forced to ask which entity it is that is really contracting here, and whether the object of the contract falls within the statutory powers of the entity that is entering into the agreement. Second Review: Implemented Attorney Corrections as Indicated Approved; Prepare Hardcopy for Signoff Additional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. v.1.0 PSAR Project Agreement Salmon Funding Accounts Project Sponsor: Whatcom County FCZD WHATCOM COUNTY CONTRACT NO, a 0Og UO g Project Number: 07-1754R Project Title: Lower Canyon Crk Implementation -Ph 1 Approval Date: 12/13/2007 A. PARTIES OF THE AGREEMENT This Project Grant Agreement (Agreement) is entered into between the Salmon Recovery Funding Board (SRFB), P.O. Box 40917, Olympia, Washington 98504-0917 and Whatcom County FCZD, 322 North Commercial St., Suite 110, Bellingham, WA 98225 (Sponsor) and shall be binding upon the agents and all persons acting by or through the parties. B. PURPOSE OF AGREEMENT This Agreement sets out the terms and conditions by which a grant is made from the Salmon Funding Accounts of the State of Washington's General Fund. The grant is administered by the SRFB to the Sponsor for the project named above. C. DESCRIPTION OF PROJECT The subject Project is described on the attached Project Summary. D. TERM OF AGREEMENT The Project Sponsor's ongoing obligation for the above project under this Agreement is to provide maintenance of the site or facility to serve the purpose for which it was intended for a minimum of five (5) years, or more as specified in the Landowner Agreement, after the final payment unless the site or facility is rendered unusable for the purpose it was intended by an act of nature. E. PERIOD OF PERFORMANCE The Project reimbursement period shall begin on December 13, 2007 and end on June 30, 2011. No expenditure made before or after this period is eligible for reimbursement unless incorporated by written amendment into this Agreement. F. PROJECT FUNDING The total grant award provided by the SRFB for this project shall not exceed $311,250.00. The SRFB shall not pay any amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as indicated below: SRFB - Puget Sound Acq. & Restoration Project Sponsor Total Project Cost Percentage Dollar Amount 75.00% $311,250.00 25.00% $103,750.00 100.00% $415,000.00 G. RIGHTS AND OBLIGATIONS All rights and obligations of the parties to this Agreement are subject to this Agreement and its attachments, including the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the General Provisions, all of which are attached hereto and incorporated herein. Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless provided in writing. All such alterations, except those concerning the period of performance, must be signed by both parties. Period of performance extensions need only be signed by RCO's Director. The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these documents. H. COMPLIANCE WITH APPLICABLE STATUTES, RULES, AND RCO POLICIES This Agreement is governed by, and the Sponsor shall comply with, all applicable state and federal laws and regulations, including Chapter 77.85 RCW, Chapter 286 WAC and published agency policies, which are incorporated herein by this reference as if fully set forth. PSAR Project Agreement Chapter 77.85 RCW, Chapter 286 WAC PROJAGR.RPT Salmon Funding Accounts Page 1 of 2 0 I. ADDITIONAL PROVISIONS OR MODIFICATIONS OF THE GENERAL PROVISIONS 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office, The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. Before reimbursement of any restoration related expenses, the sponsor must comply with Governor's Executive Order 05-05 regarding Archeological and Cultural Resources for the scope of work approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to proceed when appropriate documentation has been received. In the event.that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop; the area must be secured, and the.Sponsor must notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of Archaeology and Historic Preservation. J. FEDERAL FUND INFORMATION (none) K. PROJECT GRANT AGREEMENT REPRESENTATIVE All written communications sent to the Sponsor under this Agreement will be addressed and delivered to: Project Contact Name: John Thompson Title: Senior Resource Planner Address: 2011 Young Street,Suite 201 Bellingham, WA 98225 SRFB Recreation and Conservation Office Natural Resources Building PO Box 40917 Olympia, Washington 98504-0917 www.rco.wa.gov/srfb/ These addresses shall be effective until receipt by one party from the other of a written notice of any change. L. ENTIRE AGREEMENT This agreement, along with all attachments, constitutes the entire agreement of the parties. No other understandings, oral or otherwise, regarding this Agreement shall exist or bind any of the parties. M. EFFECTIVE DATE This agreement, for project #07-1754R, shall be effective upon signing by all parties. STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE BY: �a `^u'� I �Z Az �ci12.c OZ Kaleen Cottingham, Director PROJECT SPONSOR BY: SP.P. AT'TAC'HP.D. TITLE: Pre -approved as to form: BY: I /S/ Assistant Attorney General DATE: 4,510 .' DATE: PSAR Project Aqreement Salmon Funding Accounts Chapter 77.85 RCW, Chapter 286 WAC Page 2 of 00 PROJAGR.RPT WHATCOM COUNTY: Recommended for Approval: i rank M. Abart Date Public Works Director Approved as to form: Daniel L. Gibson Date Assistant Chief Ciw puty Prosecutor Approved: By: Pete Kremen, Whatcom County Executive and Chairman of the Board of Supervisors Whatcom County Flood Control Zone District STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County and Chairman of the Board of Supervisors of the Whatcom County Flood Control Zone District, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 101 V Puget Sound Acquistion & Restoration Fund UUMOOR, RECRERTIfIN Puget Sound Recovery Projects Post -Evaluation Project Summary TITLE: Lower Canyon Crk Implementation -Ph 1 NUMBER: 07-1754R (Restoration) STATUS: Board Funded SPONSOR: Whatcom County FCZD EVALUATION SCORE: BOARD RANKING: COSTS: SPONSOR MATCH: Puget Sound Acq. & Restoration $311,250 75% Appropriation 1 Cash Local $103,750 25% Donated Labor Force Acct - Equipment Total $415,000 100% DESCRIPTION: This project implements the preferred restoration alternative for Lower Canyon Creek, a tributary of the North Fork Nooksack River. Canyon Creek provides key tributary habitat for ESA listed chin000k salmon, bull trout, steelhead, and other salmonids and with 3.9 miles of habitat above the current partial fish barrier. The downstream 520' will be removed from a 2400' long levee that was installed to protect a sub -division and County roads following three damaging debris floods in 1989 and 1990. After levee installation, a partial barrier to salmonids developed at a bedrock notch that limits access to historic spawning and rearing habitats. Project design targeted options to restore full passage and habitat complexity and diversity. The analysis identified an "hourglass" constriction formed by the levee as the primary factor limiting stream function and habitat formation. The unfavorable hydraulics created increase sediment transport and channel incision at the bedrock notch; this perpetuates the continued passage problems. Partial levee removal will allow the stream to migrate away from the bedrock notch with access to 18.4 acres of historic migration area. This is made possible by properties (>70 acres) already purchased by the County and Whatcom Land Trust to restore salmon habitat and reduce flood risk. The site will be monitored after levee removal to determine the need for additional treatments to ensure passage and promote restoration of proper habitat structure and functions. LOCATION INFORMATION: Just west of Glacier, WA COUNTY: Whatcom GOAL & OBJECTIVE: The goal of the project is to restore freshwater in -stream channel meander migration patterns. The objective of the project is to restore the flood plain meander functions, sediment transport functions, dissipation, and water storage. SALMON INFORMATION: (* indicates primary) Species Targeted Bull Trout Chinook (Threatened (06/06))* Chum (Not Warranted (06/06)) Coho (Species of Concern (06/06)) Habitat Factors Addressed Biological Processes Channel Conditions Floodplain Conditions Cutthroat Pink Sockeye Steelhead (Proposed Threatened (06/06)) Loss of Access to Spawning and Rearing Habitat* Riparian Conditions Streambed Sediment Conditions FISCAL YEAR: 2008 1 DATE PRINTED: April 3, 2008 1PAPSUM7.RPT Lower Canyon Crk Implementation -Ph 1 102 �, lntemgenry Committce for flllil]UI1fl Eligible Reimbursement Activities Report flECREflI'ION Project Sponsor: Whatcom County FCZD Project Number: 07-1754 R Project Title: Lower Canyon Crk Implementation -Ph 1 Approval: 12/13/2007 Restoration Items: Worksite Element Item Unit Quantity Description #1, Canyon Creek Architectural & Engineering A & E development Lump Sum 1.00 #1, Canyon Creek In -Stream Habitat Dike removal/setback Linear ft 520.00 Remove & transport levee, site access prep & rehab #1, Canyon Creek In -Stream Habitat Permits Lump sum 1.00 Permitting done by WCPW #1, Canyon Creek In -Stream Habitat Riparian plant installation Sq ft 88,273.00 Estimate includes regarding, seeding, & plant materials ELIGREIM.RPT April 3, 2008 Page: 103 2=97.. fiir OEM Milestone Report By Project RECRERTION Project Number: 07-1754 R Project Name: Lower Canyon Crk Implementation -Ph 1 Sponsor: Whatcom County FCZD Project Manager: Marc Duboiski x Milestone Target .. •Comments/Description Project Start 12/13/2007 ! Special Conditions Met 01/29/2008 Compliance with Executive Order 05-05 (cultural resources) was met via the Department of Archaeology & Historic Preservation letter concurring that this project is exempt. I Applied for Permits 03/31/2008 RFP Complete 06/30/2008 30% preliminary designs in hand. Annual Project Billing 07/31/2008 I A&E Plans Submitted 02/28/2009 Submit final designs to RCO-SRFB prior to construction. Bid Awarded/Consultant Hired 04/30/2009 I Construction Started 06/30/2009 Assumes all permits and materials in hand. Annual Project Billing 07/31/2009 Monitor/Steward Plan Submitted 12/31/2009 Annual Project Billing 07/31/2010 t Construction Complete 10/31/2010 ! Project Complete 06/30/2011 Factors in potential delays in securing permits and missing short in -stream construction work window. Monitoring Complete 06/30/2011 Stewardship plan calls for monitoring through September 2020. Final Docs/Billing to Mgmt Agy 07/31/2011 X = Milestone Complete 1 = Critical Milestone 1MILESTO.RPT April 03, 2008 Page' 1 104 FUNDING & EXPENDITURE FORMULA For RCO Use ONLY Sponsor: 25.00% $103,750.00 Total Billed RCO Federal: Share Billed RCO: PSAR 75.00% $311,250.00 Share Approved Advance Balance Match Owed Balance Share Retained Share Paid Agreement Total: 100.00% $415,000.00 Match Bank 1 210 I 057 I 103 I 98401 I NZ I I I 1 11NVOICE.RPT 4 /3/2008 Current Funding 105 Whatcom County Public Works offered grant to restore land for salmon recovery. (Bellingham) - Whatcom County Public Works was awarded a grant of $311,250.00 from the PSAR. The grant was awarded by the Salmon Recovery Funding Board (SRFB), and will be used for the following: Whatcom County will use this grant to remove 520 feet of a A -mile -long levee on lower Canyon Creek, a tributary of the north fork of the Nooksack River. The levee was built to protect a subdivision and county roads following three floods in 1989 and 1990. Canyon Creek provides key habitat for Endangered Species Act -listed Chinook salmon, bull trout, steelhead and other species of salmon. After levee installation, a partial barrier to fish migration developed at a bedrock notch. The barrier limits fish access to historic spawning and rearing habitats. Partial levee removal will allow the stream to migrate away from the bedrock notch and toward 18A acres already purchased by the county and Whatcom Land Trust to restore salmon habitat and reduce flood risk. The site will be monitored after levee removal to determine the need for additional treatments to ensure fish passage and promote restoration of habitat. The county will contribute $103,750 in cash, equipment and donated labor. There were ninety-one applications submitted for consideration in the PSAR. Each project went through an evaluation process prior to being recommended for funding. The SRFB Board approved funding for projects on Thursday, December 13, 2007. Funding for the PSAR comes (new). Whatcom County Public Works will leverage local contributions totaling $103,750.00 with grant monies to implement the project. Total estimated project cost is $415,000.00, SRFB is the staWs administrator of the grant program. Contact: John Thompson, (360) 715-7450 (sponsor project manager) Marc Duboiski, (360) 902-3137, marc.duboiski@rco.wa.gov (SRFB project manager) 106 General Provisions Table of Contents Page A. Heading and Definitions Section 1. Headings and Definitions........................................................................................1 B. Performance and Requirements -(General Responsibilities) Section 2. Performance by Sponsor....................................................................................... 2 Section3. Assignment............................................................................................................ 2 Section 4. Responsibility for Project........................................................................................ 2 Section5. Indemnification.......................................................................................................2 Section 6. Independent Capacity of the Sponsor................................................................... 2 Section 7. Conflict of Interest.................................................................................................. 2 Section 8. Acknowledgment and Signs...........................:....................................................... 3 C. Compliance with Laws, Records, and Inspections Section 9. 'Compliance with Applicable Law........................................................................... 3 Section 10. Records Maintenance............................................................................................ 4 Section11. Access to Data.......................................................................................................4 Section 12. Treatment of Assets............................................................................................... 4 Section 13. Right of Inspection.................................................................................................. 4 Section 14. Stewardship and Monitoring..............................................:................................... 5 Section 15. Debarment Certification ...................................... ........ 5 ........................................... D. Funding, Reimbursements Section 16. Project Funding............................................................................................. ......5 Section 17. Project Reimbursements............................................................ .......................5 Section 18. Advance Payments................................................................................................ 5 Section 19. Non -availability of Funds...............................................................:........................6 Section 20. Recovery of Payments...........................................................................................6 Section 21. Covenant Against Contingent Fees.......................:............................................... 6 E. Acquisition and/or Development/Restoration Section 22. Provisions Applying to Development/Restoration Projects .................................... 6 Section 23. Provisions Applying to Acquisition Projects...........................................................7 Section 24. Hazardous Substances.......................................................................................... 7 F. Facility Uses and Fees Section 25. Restriction on Conversion of Facility to Other Uses .............................................. 8 Section 26. Construction, Operation, Use and Maintenance of Assisted Projects ................... 9 Section 27. Income and Income Use........................................................................................ 9 Section 28. Preferences for Residents..................................................................................... 9 G. Special Provisions Section 29. Provisions Related to Non -Profit or Not -For -Profit Sponsors..............................10 Section 30. Liability Insurance Requirements for Firearm Range Sponsors .................... :..... 10 Section 31. Requirements of the National Park Service.........................................................10 107 H. Remedies and Disputes Section 32. Order of Precedence............................................................................................11 Section33. Amendments........................................................................................................11 Section 34; Limitation of Authority..........................................................................................11 Section 35. Waiver of Default..................................................................................................11 Section 36. Application Representations —Misrepresentations or Inaccuracy or Breach ......11 Section 37. Termination and Other Remedies.......................................................................11 Section 38. Termination for Convenience .:............................................: 12 Section39. Dispute Hearing...................................................................................................12 Section 40. Attorneys' Fees....................................................................................................12 Section 41. Governing LawNenue.........................................................................................13 Section42.. Severability...........................................................................................................13 April 15, 2002 - Page 1 General Provisions SECTION 1. HEADINGS AND DEFINITIONS A. Headings used in this Agreement are for reference purposes only and shall not be considered a substantive part of this Agreement. B. Definitions. As used throughout this Agreement, the following terms shall have the meaning set forth below: Acquisition - The gaining of rights of public ownership by purchase, negotiation, or other means, of fee or less than fee interests in real property. Agreement - The accord accepted by all parties to the present transaction; the Agreement, supplemental agreement, intergovernmental agreement, monitoring plan, and/or a landowner agreement between the Funding Board and a Sponsor. Applicant - Any agency or organization that meets the qualifying standards, including deadlines, for submission of an application soliciting a grant of funds from the. Funding Board. Application - The forms and support documents approved by the Funding Board or its Director for use by applicants in soliciting project funds administered by the Office. Asset — Equipment purchased by the Sponsor or acquired or transferred to the Sponsor for the purpose of this Agreement. This definition is restricted to non -fixed assets, such as vehicles, computers or machinery. Contractor - shall mean one not in the employment of the Sponsor who is performing all or part of the eligible activities for this projects under a separate Agreement with the Sponsor. The term "Contractor" and "Contractors" means Contractor(s) in any tier. Development/Restoration - The construction, renovation, redevelopment, or installation of facilities to provide for outdoor recreation or natural resources.' Director - The Office Director or the Director's designee. Funding Board — As identified in Paragraph A in the Agreement as either the (1) Interagency Committee for Outdoor Recreation (IAC) - The committee created under Chapter 79A.25.110 RCW includes eight members. Three are agency heads: the Commissioner of Public Lands, the Director of Parks and Recreation, and the Director of Fish and Wildlife (or their designees). Five, by appointment of the Governor with the advice and consent of the Senate, are members of the public at large who have demonstrated interest in and a general knowledge of outdoor recreation in the state; (2) Salmon Recovery Funding Board (SRFB) - The Board created under Chapter 77.85.110 RCW, is comprised of five governor -appointed voting members (one a cabinet -level appointment) and five non -voting state officials: the Commissioner of Public Lands, the Secretary of Transportation, the Director of the Conservation Commission, the Director of Fish and Wildlife, and the Director of Ecology (or their designees); or (3) Hatchery Scientific Review Group (HSRG) — The independent Board established by Congress to ensure hatchery reform programs in Puget Sound and Coastal Washington are scientifically founded and evaluated. Office - Office of the Interagency Committee - The Office provides support to the IAC, SRFB, and HSRG. The Office includes the Director and personnel, created by Chapters 79A.25.110 and 79A.25.150 RCW and charged with administering this Agreement by Chapters 77.85.110 and 79A.25.240 RCW. Landowner Agreement — A landowner agreement is required between a Sponsor and landowner for projects located on land not owned, or otherwise controlled, by the Sponsor for salmon recovery projects. Milestone — Important date(s) tracked in the Agreement for monitoring the Project status. Period of Performance - The time period specified in the Agreement, under Section E, Period of - Performance. Post Evaluation Summary - One of the documents used to summarize and describe the actions untaken in the Agreement. Project - The undertaking that is the subject of this Agreement and that is, or may be, funded in whole or in part with funds administered by the Office on behalf of the Funding Board. Sponsor - The applicant who has been awarded a grant of funds and is bound by this executed Agreement; includes its officers, employees and agents. 109 April 15, 2002 - Page 2 General Provisions SECTION 2. PERFORMANCE BY THE SPONSOR The Sponsor shall undertake the Project as described in this Agreement, Post Evaluation Summary, the Sponsor's application, and in accordance with the Sponsor's proposed goals and objectives described in the application or documents submitted with the application, all as finally approved by the Funding Board. All submitted documents are incorporated by this reference as if fully set forth herein. The Order of Precedence is covered in Section 26. Timely completion of the Project is important. Failure to do so, as set out in this Agreement, is a material breach of the Agreement. SECTION 3. ASSIGNMENT Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Sponsor without prior written consent of the Funding Board. SECTION 4. RESPONSIBILITY FOR PROJECT While the Funding Board. undertakes to assist the Sponsor with the Project by providing a grant pursuant to this Agreement, the Project itself remains the sole responsibility of the Sponsor. The Funding Board undertakes no responsibilities to the Sponsor, or to any third party, other than as is expressly set out in this Agreement. The responsibility for the implementation of the Project, as those phases are applicable to this Project, is solely that of the Sponsor, as is responsibility for any claim or suit of any nature by any third party related in any way to the Project. SECTION 5. INDEMNIFICATION To the fullest extent permitted by the law, the Sponsor expressly agrees to and shall indemnify, defend and hold harmless the State and its agencies, officials, agents and employees from and against all claims, actions, costs, damages, or expenses of any nature arising out of or incident to the Sponsor's or any Contractor's performance or failure to perform the Agreement. Sponsor's obligation to indemnify, defend and hold harmless also includes any claim by Sponsor's agents, employees, representatives or any Contractor or its employees. Sponsor's obligation to defend includes payment of any costs or attorneys' fees. Sponsor's obligation shall not include such claims that may be caused by the sole negligence of the State and its agencies, officials, agents, and employees. If the claims or damages are caused by or result from the concurrent negligence of (a) the State, its agents or employees and (b) the Sponsor, its Contractors, agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Sponsor or its Contractors, agents, or employees. The Sponsor expressly agrees to waive his/her immunity under Title 51 RCW to the extent required to indemnify, defend, and hold harmless the State and its agencies, officials, agents or employees. SECTION 6. INDEPENDENT CAPACITY OF THE SPONSOR The Sponsor and its employees or agents performing under this Agreement are not employees or agents of the Funding Board or the Office. The Sponsor will not hold itself out as nor claim to be an officer or employee of the Office or of the state of Washington by reason hereof, nor will the Sponsor make any claim of right, privilege or benefit which would accrue to an employee under Chapters 41.06 or 28B.16. RCW. The Sponsor is responsible for withholding and/or paying employment taxes, insurance, or deductions of any kind required by federal, state, and/or local laws. SECTION 7. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, the Office may, in its sole discretion, by written notice to the Sponsor terminate this Agreement if it is found after due notice and examination by the Office that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Sponsor in the procurement of, or performance under this Agreement. In the event this Agreement is terminated as provided above, the Office shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the 110 April 15, 2002 - Page 3 General Provisions Agreement by the Sponsor. The rights and remedies of the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Office makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes Hearing" clause of this Agreement. In the event this Agreement is terminated as provided above, the Funding Board or the Office shall be entitled to pursue the same remedies against the Sponsor as it could pursue in the event of a breach of the Agreement by the Sponsor. The rights and remedies of the Funding Board or the Office provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Funding Board or the Office makes.any determination under this. clause may be reviewed as provided in the "Disputes" clause of this Agreement. SECTION 8. ACKNOWLEDGMENT AND SIGNS A. Publications. The Sponsor shall include language which acknowledges the funding contribution of the program to this Project in any release or other publication developed or modified for, or referring to, the Project. B. Signs. The Sponsor also shall post signs or other appropriate media at Project entrances and other locations on the Project which acknowledge the program's funding contribution, unless exempted in Funding Board policy or waived by the Director: C. Ceremonies. The Sponsor shall notify the Office no later than two weeks before a dedication ceremony for this Project. The Sponsor shall verbally acknowledge the program's funding contribution at all dedication ceremonies. D. Federally Funded Projects. When issuing statements, press releases, requests for proposals, bid solicitations, and other documents describing a project funded in whole or in part with federal money provided for in this grant, Sponsors shall clearly state: 1. The percentage of the total costs of the Project that is financed with federal money; 2. The dollar amount of federal funds for the Project; and 3. The percentage and dollar amount of the total costs of the Project that is financed by nongovernmental sources. SECTION 9. COMPLIANCE WITH APPLICABLE LAW The Sponsor will implement the Agreement in accordance with applicable federal, state, and local laws and regulations. The Sponsor shall comply with, and the Office is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, and/or policies, including, but not limited to, State Environmental Policy Act; Industrial Insurance Coverage; Architectural Barriers Act; permits (shoreline, Hydraulics Project Approval, demolition); land use regulations (comprehensive areas ordinances, Growth Management Act); federal and state safety and health regulations (Occupational Safety and Health Ad ministration/Washington Industrial Safety and Health Act); and Buy American Act. The Sponsor shall comply with all applicable federal, state, and local nondiscrimination laws and/or policies, including but not limited to, the Americans with Disabilities Act; Civil Rights Act; and the Age Discrimination Act. In the event of the Sponsor's noncompliance or refusal to comply with any nondiscrimination law or policy, the Agreement may be rescinded, cancelled, or terminated in whole or in part, and the Sponsor may be declared ineligible for further grant awards from the Funding Board. The Sponsor is responsible for any and all costs or liability arising from the Sponsor's failure to so comply with applicable law. No part of any funds provided under this grant shall be used, other than for normal and recognized executive -legislative relationships, for publicity or propaganda purposes, or for the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, or video presentation designed to support or defeat legislation pending before the U.S. Congress or any state legislature. 111 April 15, 2002 - Page 4 General Provisions No part of any funds provided under this grant shall be used to pay the salary or expenses of any Sponsor, or agent acting for such Sponsor, related to any activity designed to influence legislation or appropriations pending before the U.S. Congress or any state legislature. For habitat restoration projects funded in part or whole with National Marine Fisheries Service funding, Sponsor shall not commence with clearing of riparian trees or in -water work unless and until an ESA consultation is completed and delivered by National Marine Fisheries Service to the Sponsor. Violation of this paragraph shall not be the basis for any enforcement responsibility by the IAC. SECTION 10. RECORDS MAINTENANCE "rhe Sponsor shall maintain books, records, documents, data and other evidence relating to this Agreement and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement. Sponsor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Agreement, shall be subject at all reasonable times to inspection, review or audit by the Office, personnel duly authorized by the Office, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. SECTION 11. ACCESS TO DATA In compliance with chapter 39.29 RCW, the Sponsor shall provide access to data generated under this Agreement to the Office, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Sponsor's reports, including computer models and methodology for those models. SECTION 12. TREATMENT OF ASSETS A. Assets shall remain in the possession of the Sponsor for the duration of the project or program. When the Sponsor discontinues use of the asset(s) for the purpose for which it was funded, the Office will require the Sponsor deliver the asset(s) to the Office, dispose of the asset according to agency policies, or return the fair market value of the asset(s) to the Office. Assets shall be used only for the purpose of this Agreement, unless otherwise provided herein or approved by the Office in writing. B. The Sponsor shall be responsible for any loss or damage to assets which results from the negligence of the Sponsor or which results from the failure on the part of the Sponsor to maintain and administer that property in accordance with sound management practices. SECTION 13. RIGHT OF INSPECTION The Sponsor shall provide right of access to its facilities to the Office, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. If a Landowner Agreement has been executed, it may further stipulate and define the Funding Board and the Office's right to inspect and access lands acquired or developed with Funding Board assistance. 112 April 15, 2002 - Page 5 General Provisions SECTION 14. STEWARDSHIP AND MONITORING Sponsor agrees to perform monitoring and stewardship functions as stated in the monitoring and stewardship plans as approved by the Funding Board or the Office. Sponsor further agrees to utilize, where applicable and financially feasible, any monitoring protocols recommended by the Funding Board. SECTION 15. DEBARMENT CERTIFICATION The Sponsor certifies it is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any Federal department or agency. If requested by the Office, the Sponsor shall complete a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form. Any such form completed by the Sponsor for this Agreement shall be incorporated into this Agreement by reference. SECTION 16. PROJECT FUNDING A. Additional Amounts. The Funding Board shall not be obligated to pay any amount beyond the dollar amount as identified in this Agreement, unless an additional amount has been approved in advance by the Funding Board or Director and incorporated by written amendment into this Agreement. B. Before the Agreement. No expenditure made, or obligation incurred, by the Sponsor before the effective date of this Agreement shall be eligible for grant funds, in whole or in part, unless specifically provided for by Funding Board policy. The dollar amounts identified in this Agreement may be reduced as necessary to exclude any such expenditure from reimbursement. C. After the Period of Performance. No expenditure made, or obligation incurred, following the period of performance shall be eligible, in whole or in part, for grant funds hereunder. In addition to any remedy the Funding Board may have under this Agreement, the amounts identified in this Agreement shall be reduced to exclude any such expenditure from participation. SECTION 17. PROJECT REIMBURSEMENTS A. Compliance and Payment. The obligation of the Office to pay any amount(s) under this Agreement is expressly conditioned upon strict compliance with the terms of this Agreement by the Sponsor. B. Compliance and Retainage. The Office reserves the right to withhold disbursement of the final ten percent (10%) of the total amount of the grant to the Sponsor until the Project has been completed and approved by the Director. A Project is considered "complete" when: 1. all approved or required activities outlined in the Agreement are complete; 2. on -site signs are in place (if applicable); 3. a final Project report is submitted to the Office with the Sponsors final request for reimbursement; 4. the completed Project has been approved by the Office; 5. final amendments have been processed; and 6. fiscal transactions are complete. C. Invoice Frequency. Invoices are required at least once a quarter from state agency sponsors and at least once a year from all other sponsors. The year-end invoice should include expenditures through June 30, the last day of the State's fiscal year and be submitted no later than July 15th. Final reimbursement requests should be submitted to the Office within ninety (90) days of. the completion of the Project, funding end date, or the termination date, whichever comes first. SECTION 18. ADVANCE PAYMENTS Advance payments of or in anticipation of goods or services,to be provided under this Agreement are limited to salmon grants and must comply with SRFB policy. 113 April 15, 2002 - Page 6 General Provisions SECTION 19. NON -AVAILABILITY OF FUNDS If amounts sufficient to fund the grant made under this Agreement are.not appropriated by the Washington State Legislature, or if such funds are not allocated by the Washington State Office of Financial Management (OFM) to the Office for expenditure for this Agreement in any biennial fiscal period, the Office shall not be obligated to pay any remaining unpaid portion of this grant unless and until the necessary action by the Legislature or OFM occurs. If the Office participation is suspended under this section for a continuous period of one year, the Office's obligation to provide any future funding under this Agreement shall terminate. Termination of the Agreement under this section is not subject to appeal by the Sponsor. SECTION 20. RECOVERY OF PAYMENTS In the event that the Sponsor fails to expend funds under this Agreement in accordance with state and federal laws, and/or the provisions of the Agreement, the Office reserves the right to recover grant award funds in the amount equivalent to the extent of noncompliance in addition to any other remedies available at law or in equity. The Sponsor shall reimburse the Office for any overpayment or erroneous payments made under the Agreement. Repayment by the Sponsor of such funds under this recovery provision shall occur within 30 days of demand by the Office. Interest shall accrue at the rate of twelve percent (12%) per annum from the time that payment becomes due and owing. SECTION 21. COVENANT AGAINST CONTINGENT FEES The Sponsor warrants that no person or selling agent has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Sponsor for the purpose of securing business. The Office shall have the right, in the event of breach of this clause by the Sponsor, to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee. SECTION 22. PROVISIONS APPLYING TO DEVELOPMENT/RESTORATION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is for development/restoration of land or facilities for outdoor recreation, habitat conservation, or salmon recovery: A. Construction Document Review and Approval. The Sponsor agrees to submit one copy of all construction plans and specifications to the Office for review. Review and approval by the Office will be for compliance with the terms of this Agreement. B. Contracts.for Construction. Sponsor shall award all contracts for construction using whatever method is appropriate and legal for the Sponsor. C. Construction Contract Change Order. Only change orders that significantly reduce or change the scope of the Project as described to. and approved by the Funding Board or the Office must receive prior written approval. D. Control and Tenure. Appropriate control and tenure of the land proposed for use must be executed and documented. E. Nondiscrimination. Except where a nondiscrimination clause required by a federal funding agency is used, the Sponsor shall insert the following nondiscrimination clause in each contract for construction of this Project: "During the performance of this contract, the Sponsor agrees to comply with all federal and state nondiscrimination laws, regulations and policies." 114 April 15, 2002 - Page 7 General Provisions SECTION 23. PROVISIONS APPLYING TO ACQUISITION PROJECTS The following provisions shall be in force only if the Project described in this Agreement is for the acquisition of interest in real property for outdoor recreation, habitat conservation, or salmon recovery purposes: A. Evidence of Land Value. Before disbursement of funds by the Office as provided under this Agreement, the Sponsor agrees to supply evidence to the Office that the land acquisition cost has been established per Funding Board policy. B. Evidence of Title. The Sponsor agrees to show the type of ownership interest for the property that has been acquired. This shall be done before any payment of financial assistance. C. Deed of Right to Use Land for Public Purposes. The Sponsor agrees to execute an instrument or instruments which contain: 1. The legal description of the property acquired under this Agreement; 2. A conveyance to the State of Washington of the right to use the described real property forever for the purpose identified in the Agreement; and 3. A requirement to comply with applicable statutes, rules, and the Funding Board policies with respect to conversion of use. D. Assignment of Right. When acquiring a conservation easement, the Sponsor agrees to execute an instrument or instruments that contain: 1. The legal description of the conservation easement acquired under this Agreement; 2. An assignment to the State of certain rights for access to and stewardship of the property covered by the conservation easement; 3. Acknowledgement of the right of the Funding Board and the Office for enforcement of the provisions of the conservation easement; and 4. A statement that the Sponsor will retain all responsibility for obligations under the terms of the conservation easement. E. Real Property Acquisition and Relocation Assistance 1. When federal funds are part of this Agreement, the Sponsor agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 84 Stat. 1894 (1970)--Public Law 91-646, as amended by the Surface Transportation and Uniform Relocation Assistance Act, PL 100-17-1987, and applicable regulations and procedures of the federal agency implementing that Act. 2. When state funds are part of this Agreement, the Sponsor, if required by law, agrees to comply with the terms and conditions of the Uniform Relocation Assistance and Real Property Acquisition Policy of the State of Washington, Chapter 8..26.010 RCW), and Chapter 468-100 WAC. 3. Housing and Relocation. In the event that housing and relocation costs, as required by federal law set out in subsection (1) above and/or state law set out in subsection (2) above, are involved in the execution of this Project, the Sponsor agrees to provide any housing and relocation assistance required. SECTION 24. HAZARDOUS SUBSTANCES A. Definition. "Hazardous substance," as defined in Chapter 70.105D.020 (7) RCW, means: 1. Any dangerous or extremely hazardous waste as defined in Chapter 70.105.010(5) and (6) RCW, or any dangerous or extremely dangerous waste designated by rule pursuant to Chapter 70.105 RCW; 2. Any hazardous substance as defined in Chapter 70.105.010(14) RCW or any hazardous substance as defined by rule pursuant to Chapter 70.105. RCW; 3. Any substance that, on March 1, 1989, is a hazardous substance under section 101(14) of the federal cleanup law, 42 U.S.C. Sec. 9601(14); 4. Petroleum or petroleum products; and 115 April 15, 2002 - Page 8 General Provisions 5. Any substance or category of substances, including solid waste decomposition products, determined by the director [or directors designee of the department of ecology] by rule to present a threat to human health or the environment if released into the environment. 6. The term hazardous substance does not include any of the following when contained in an underground storage tank from which there is. not a release: Crude oil or any fraction thereof or petroleum, if the tank is in compliance with all applicable federal, state, and local law. B. Certification. The Sponsor shall inspect, investigate, and conduct an environmental audit of the proposed acquisition site for the presence of hazardous substances and certify: (1) .No hazardous substances were found on the site, or (2) Any hazardous substances found -have been treated and/or disposed of in compliance with applicable state and federal laws, and the site deemed "clean." C. Responsibility. Nothing in this.provision alters the.Sponsor's duties and liabilities regarding hazardous substances as set forth in Chapter 70.105D RCW: D. Hold Harmless. The Sponsor will defend, protect and hold harmless the Office and any and all of its employees and/or agents, from and against any and all liability, cost (including but not limited to all costs of defense and attorneys' fees) and any and all loss of any nature from any and all claims or suits resulting from the presence of, or the release or threatened release of, hazardous substances on the property being acquired. SECTION 25. RESTRICTION ON CONVERSION OF FACILITY TO OTHER USES The Sponsor shall not at any time convert any real property acquired or any facility developed pursuant to this Agreement to uses other than those purposes for which assistance was originally approved, without the approval of the Funding Board or Director, in compliance with applicable statutes, rules, and Funding Board policies as identified in this Agreement. It is the intent of Funding Board's conversion policy that all lands acquired and all lands developed with funding assistance from the Funding Board remain in the public domain in perpetuity unless otherwise identified in the Agreement. A. By. Funding Board policy a conversion may occur under any of the following circumstances: 1. Conveyance. Property interests are conveyed for purposes inconsistent with the intent of the Agreement and the funding source. 2. Use. Non -eligible uses (public or private) are made of the Project area, or portion thereof. 3. Eligibility. Non -eligible facilities are developed within the Project area without prior approval of the Funding Board or the Office. 4. Termination of Use/Non-Conformance. The property acquired or project developed- no longer meets or conforms to the intent of the Agreement or the funding source. B. Element Change. When approved by the. Funding Board or Director, certain elements maybe deleted. from the Agreement without invoking the requirement to replace the elements. Such deletions are allowed when the Funding Board or Director determines that the elements are not needed or cannot be retained due to one or more of the following conditions: 1. Obsolescence 2. Extraordinary vandalism 3. Acts of Nature 4. Designed life expectancy reached 5. Fire 6.. Property or property rights lost as a result of legal action 7. ICC National Trails System Act reversion order (National Trails System Act 8(d), 16 U.S.C. § 1247(d); WAC 286-27-060(2)). 116 April 1.5, 2002 - Page 9 General Provisions SECTION 26. CONSTRUCTION, OPERATION, USE AND MAINTENANCE OF ASSISTED PROJECTS Sponsors must ensure that properties or facilities assisted with Funding Board funds, including undeveloped sites, are built, operated, used, and maintained: A. According to applicable federal, state, and local laws and regulations, including public health standards and building codes. B. In a reasonably safe condition for the project's intended use. C. Throughout its estimated life so as to prevent undue deterioration. D. In compliance with all federal and state nondiscrimination laws, regulations and policies. Facilities open to the public must: E. Follow all state and federal accessibility guidelines. F. Appear attractive and inviting to the public except for brief installation, construction, or maintenance periods. G. Be available for use at reasonable hours and times of the year, according to the type of area or facility. SECTION 27. INCOME AND INCOME USE A. Income. 1. Compatible source. The source of any income generated in a Funding Board assisted Project or project area must be compatible with the funding source and the Agreement. 2. Fees. User and/or other fees maybe charged in connection with land acquired or facilities developed with Funding Board grants if the fees are consistent with the: (a) Value of any service(s) furnished; (b) Value of any opportunity(ies) furnished; and (c) Prevailing range of public fees in the state for the activity involved. Excepted are Firearms and Archery Range Recreation Program safety classes (firearm and/or hunter) for which a facility/range fee must not be charged (Chapter 79A.252.210 RCW). B. Income use. Regardless of whether income or fees in a Funding Board -assisted area (including entrance, utility corridor permit, cattle grazing, timber harvesting, farming, etc.) are.gained during or after the reimbursement period cited in the Agreement, unless precluded by state law, the revenue may only be used to offset: 1. the Sponsor's matching funds; and/or 2. the Project's total cost; and/or 3. the expense of operation, maintenance, stewardship, monitoring, and/or repair of the facility or program assisted by the Funding Board grant; and/or 4. the expense of operation, maintenance, stewardship, monitoring, and/or repair of other similar units in the Sponsor's system; and/or 5. capital expenses for similar acquisition and/or development. SECTION 28. PREFERENCES FOR RESIDENTS Sponsors shall not express a preference for users of grant assisted projects on the basis of residence (including preferential reservation, membership, and/or permit systems) except that reasonable differences in admission and other fees may be maintained on the basis of residence. Even so, the Funding Board discourages the imposition of differential fees. Fees for nonresidents must riot exceed twice the fee imposed on residents. Where there is no fee for residents but a fee is charged to nonresidents, the nonresident fee shall not exceed the amount that would be imposed on residents at comparable state or local public facilities. _ 117 April 15, 2002 - Page 10 General Provisions SECTION 29. PROVISIONS RELATED TO NON-PROFIT OR NOT -FOR -PROFIT SPONSORS A non-profit or not -for -profit organization sponsor shall: A. Maintain a non-profit or not -for -profit status (including registering with the Washington Secretary of State) throughout the Sponsor's obligation to the Project as identified in this Agreement. B. Notify the Office prior to dissolution and within 30 days of dissolution the Sponsor shall name a qualified successor that will agree in writing to assume any on -going project responsibilities. A qualified successor is any party eligible to apply for funds in the subject grant program and capable of complying with the terms and conditions of this Agreement. The Office will process an amendment transferring the Sponsor's obligation to the qualified successor. C. Provide for operation and maintenance of the project. Should the Sponsor fail in this obligation for any reason, the Project will be considered converted or a failed project, and be subject to all remedies available to the Funding Board and the Office. SECTION 30. LIABILITY INSURANCE REQUIREMENTS FOR FIREARM RANGE SPONSORS A. The Sponsor' shall procure an endorsement, or other addition, to liability insurance it may currently carry, or shall procure a new policy of liability insurance, in a total coverage amount the Sponsor deems adequate to ensure it will have resources to pay successful claims of persons who may be killed or injured, or suffer damage to property, while present at the range facility to which this grant is related, or by reason of being in the vicinity of that facility; provided that the coverage shall be at least one million dollars ($1,000,000) for the death of, or injury to, each person. B. The liability insurance policy, including any endorsement or addition, shall name Washington State, the Funding Board, and the Office as additional insureds and shall be in a form approved by the Funding Board or Director. C. The policy, endorsement or other addition, or a similar liability insurance policy meeting the requirements of this section, shall be kept in force throughout the Sponsor's obligation to the Project as identified in this Agreement. D. The policy, as modified by any endorsement or other addition, shall provide that the issuing company shall give written notice to the Office not less than thirty (30) calendar days in advance of any cancellation of the policy by the insurer, and within ten (10) calendar days following any termination of the policy by the Sponsor. E. The requirement of Subsection A through D above shall not apply if the Sponsor is a federal, state, or municipal government which has established a program of self-insurance or a policy of self- insurance with respect to claims arising from its facilities or activities generally, including such facilities as firearms or archery ranges, when the applicant declares and describes that program or policy as a part of its application to the Funding Board. F. By this requirement, the Funding Board and the Office does not assume any duty to any individual person with respect to death, injury, or damage to property which that person may suffer while present at, or in the vicinity of, the facility to which this grant relates. Any such person, or any other person making claims based upon such death, injury, or damage; must look to the Sponsor, or others, for any and all remedies that may be available by law. SECTION 31. REQUIREMENTS OF THE NATIONAL PARK SERVICE If the Project has been approved by the National Park Service, United States Department of the Interior, for assistance from the Federal Land and Water Conservation Fund (LWCF), the Agreement General Provisions in Section 660.3 Attachment B of the L&WCF Grants -in -Aid Manual as now existing or hereafter amended are made part of this Agreement, and the Sponsor shall also abide by these Agreement General Provisions. Further, the Sponsor agrees to provide the Office with reports or documents needed to meet the requirements of the Agreement or Section 660.3 Attachment B of the L&WCF Grants -in -Aid Manual. As used in this Section, Sponsor refers to Firearms Range Sponsors. 118 April 15, 2002 - Page 11 General Provisions SECTION 32. ORDER OF PRECEDENCE This Agreement is entered into, pursuant to, and under the authority granted by applicable federal and state laws. The provisions of the Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute, rule, or policy or procedure, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and/or state statutes, regulations, policies and procedures including applicable federal Office of Management and Budget (OMB) circulars and federal and state executive orders; B. Project Agreement including attachments; C: Additional Provisions or Modifications of General Provisions; D. General Provisions. SECTION 33. AMENDMENTS Fhis Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.. SECTION 34. LIMITATION OF AUTHORITY Only the Office or Office's delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this Agreement is not effective or binding unless made in writing and signed by the Office. SECTION 35. WAIVER OF DEFAULT Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of the terms of the Agreement unless stated to be such in writing, signed by the Director, or the Director's designee, and attached to the original Agreement. SECTION 36. APPLICATION REPRESENTATIONS -- MISREPRESENTATIONS OR INACCURACY OR BREACH The Funding Board and the Office rely upon the Sponsor's application in making its determinations as to eligibility for, selection for, and scope of, funding grants. Any misrepresentation, error or inaccuracy in any part of the application may be deemed a breach of this Agreement. SECTION 37. TERMINATION AND OTHER REMEDIES The Funding Board and the Office may require strict compliance by the Sponsor with the terms of this Agreement including, but not limited to, the requirements of the applicable statutes, rules and Funding Board policies which are incorporated into this Agreement, and with the representations of the Sponsor in its application for a grant as finally approved by the Funding Board. The Funding Board or the Director, may suspend, or may terminate, the obligation to provide funding to the Sponsor under this Agreement: A. In the event of any breach by the Sponsor of any of the Sponsor's obligations under this Agreement; or B. If the Sponsor fails to make progress satisfactory to the Funding Board or Director toward completion of the Project by the completion date set out in this Agreement. In the event this Agreement is terminated by the Funding Board or Director, under this section or any other section after any portion of the grant amount has been paid to the Sponsor under this Agreement, the Funding Board or Director may require that any amount paid be repaid to the Office for redeposit into the account from which the funds were derived. 119 April 15, 2002 - Page 12 General Provisions The Funding Board and the Office may enforce this Agreement by the remedy of specific performance, which usually will mean completion of the Project as described in this Agreement. However, the remedy of specific performance shall not be the sole or exclusive remedy available to the Office. No remedy available to the Funding Board or the Office shall be deemed exclusive. The Funding Board or the Office may elect to exercise any, any combination, or all of the remedies available to it under this Agreement, or under any provision of law, common law, or equity. SECTION 38. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, the Office may,. by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part. If this Agreement is so terminated, the Office shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. SECTION 39. DISPUTE HEARING Except as may otherwise be provided in this Agreement, when a dispute arises between the Sponsor and the Funding Board, which cannot be resolved, either party may request a dispute hearing according to the process set out in this section. Either party's request for a dispute hearing must be in writing and clearly state: A. The disputed issues; B. The relative positions of the parties; C. The Sponsor's name, address, project title, and the assigned project number. In order for this section to apply to the resolution of any specific dispute or disputes, the other party must agree in writing that the procedure under this section shall be used to resolve those specific issues. The dispute shall be heard by a panel of three persons consisting of one person chosen by the Sponsor, one person chosen by the Director, and a third person chosen by the two persons initially appointed. If a third person cannot be agreed upon, the third person shall be chosen by the Funding Board's Chair. Any hearing under this section shall be informal, with the specific processes to be determined by the disputes panel according to the nature and complexity of the issues involved. The process may be solely based upon written material if the parties so agree. The disputes panel shall be governed by the provisions of this Agreement in deciding the disputes. The parties shall be bound by the decision of the disputes panel, unless the remedy directed by that panel shall be without the authority of either or both parties to perform, as necessary, or is otherwise unlawful. Request for a disputes hearing under this section by either party shall be delivered or mailed to the other party. The request shall be delivered or mailed within thirty (30) days of the date the requesting party has received notice of the action or position of the other party which it wishes to dispute. The written agreement to use the process under this section for resolution of those issues shall be delivered or mailed by the receiving party to the requesting party within thirty (30) days of receipt by the receiving party of the request. All costs associated with the implementation of this process shall be shared equally by the parties. SECTION 40. ATTORNEYS' FEES If either party brings litigation to enforce any term or condition of this Agreement, or as a result of this Agreement, the prevailing party shall be awarded its reasonable attorneys' fees together with necessary fees, expenses, and costs incurred for such litigation at both trial and appellate levels, as well as in obtaining execution of judgment. The reasonableness of such costs and attorneys' fees shall be determined by the court and not a jury. 120 April 15, 2002 - Page 13 General Provisions SECTION 41. GOVERNING LAW/VENUE This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. In the event of a lawsuit involving this Agreement, venue shall be proper only in Thurston County Superior Court. The Sponsor, by execution of this Agreement'acknowledges the jurisdiction of the courts of the State of Washington. In the cases where this agreement is between the Funding Board and a federally recognized Indian tribe, the following Governing LawNenue applies: A. The State of Washington agrees that it shall initiate any lawsuit against a federally recognized Indian tribe arising out of or relating to the performance, breach or enforcement of this agreement in Federal Court. Interpretation shall be according to the law of the State of Washington. In the event that the Federal Court determines that it lacks subject matter jurisdiction to resolve the dispute between the State and Tribal Party, then the parties agree to venue in Thurston County Superior Court, but the parties agree that the matter shall not be pursued in superior court unless there is a Federal Court determination that it lacks subject matter jurisdiction. B. Any judicial award, determination, order, decree or other relief, whether in law or equity or otherwise, resulting from the action shall be binding and enforceable upon the parties. Any money judgment or award against the Tribe, tribal officers and members, or the State of Washington and its officers and employees may not exceed the amount provided for in Section F- Project Funding of the Agreement. C. The Tribe hereby waives its sovereign immunity as necessary to give effect to this section, and the State of Washington has waived its immunity to suit in state court. These waivers are only for the benefit of the Tribe and State and shall not.be enforceable by any third party or by any assignee or delegate of the parties. In any enforcement action, the parties shall bear their own enforcement costs, including attorneys' fees. SECTION 42. SEVERABILITY The provisions of this Agreement are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. 121 WHATCOM COUNTY COUNCIL AGENDA BILL NO. Zoos-180 CLEARANCES Initial Date Date Received in Council O ke Agenda Date Assigned to: Ori 'nator: ��pp,,, y • +y SJC.J I,Uf � n � � D APR 15 2008 E d = ''30 M U- 0 u N TY �,. ?, p , i €;g , Division Head. Dept. Head. • Prosecutor: PurchasTg/Bud et- d Executtve: Own , d TITLE OF DOCU ENT.• 50 Bed Infill at the Jail Work Center ATTACHMENTS: SEPA review required? ( ) Yes SEPA review completed? ( ) Yes ( ) NO ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: 50 Bed Infdl at the Jail Work Center 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. 122 Whatcom County Contract No. Contact Person: Contractor's Name: Is this a New Contract? Yes X No Is this a renewal? Yes _ No X WHATCOM COUNTY CONTRACT INFORMATION SHEET Facilities Michael Russell HDR Architecture. Inc. If not, is this an Amendment to an Existing Contract? Yes No If an Amendment, previous number(s): Contract Amount. (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and arty prior amendments) $35, 000, please submit an Agenda Billfor Council approval and a supporting $ 31.000.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount. $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services 50 Bed Infill at Whatcom County Jail Work Center --- Preliminary documents outlining a proposal to add an additional 50 dormitory beds to the existing 150 bed Jail Work Center. Nature of ContractAmt. (Check one) Fixed Amount Not to Exceed X Open Ended Term of Contract. Expiration Date: June 30, 2008 Renewal Option Yes X No Last Renewal Expires: Special Dates or clauses that require calendaring. 1. Prepared by: Dee Ebergson 1, .jU/ 2. Attorney reviewed: 3. AS -Finance rewiewed: 4. Corrections made: 5. Attorney signoj]: 6. Contractor signed: 7. Submitted to Exec Office 8. Reviewed by DCA 9. Council approved (if necessary) 10. Executive signed: IL Contractor Original Returned to dept, 12. County Original to Council Date y• N-M [electronic] Date [electronic] Date D electronic] Date [electronicJ hard copy printed Date t-I Date Date [summary via electronic, hardcopies] Date Date Date Date Date this form may need to expand to more than one page 123 �GOM co WHATCOM COUNTY sP °ti EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue Suite #108 Bellingham, WA 98225-4082 9Sy�NG�O MEMORANDUM TO: Pete Kremen, Whatcom County Executive Dewey Desler, Deputy Administrator FROM: Michael Russell, Facilities Manager DATE: April 14, 2008 Pete Kremen County Executive Dewey Desler Deputy Administrator SUBJECT: Feasibility Analysis for modifying existing jail to accommodate 50 additional beds. Enclosed are two (2) originals of Contract for Professional Services between HDR Architecture, Inc. and Whatcom County for review and approval. Background and Purpose: The recent termination of the SSP Work Release Program Contract impacted the ability for the County to house its Work Release Program. The SSP contract filled up to 50 beds for Work Release inmates. As a result, the Sheriff's Office requested the Executive Office to consider the feasibility of adding 50 beds to the newly constructed Jail Work Center. The attached contract for HDR Engineering, Inc. will allow for a professional feasibility analysis of the necessary work required to add 50 beds to the newly constructed Jail Work Center. Funding Amount and Source: The source of the funding is the Whatcom County Jail Fund. Total contract is $31,000 including tax for the completion of a feasibility analysis of expanding the new Jail Work Center. Differences from Previous Contract: We have not previously contracted for these services. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 124 Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT 50 Bed Infill HDR Architecture, Inc, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8, Exhibit A (Scope of Work), pp. 9 to 11, Exhibit B (Compensation), pp.12, Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 22nd day of April, 2008, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 30"h day of June, 2008. The general purpose or objective of this Agreement is to provide a due diligence report to add an additional 50 dormitory beds to the existing 150 bed Jail Work Center., as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $31,000.00 including reimbursables. "this contract will be a time & materials contract with a not to exceed amount of $31,000.00 including reimbursables. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 2007. CONTRACTOR: HDR Architecture, INC. John Hultherg, Office Manager STATE OF WASHINGTON ) ss. COUNTY OF On this ___,_ day of . 2007, before me personally appeared John Hultberg to me known to be the Bellevue Office Manager of HDR Architecture, Inc. 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 . My commission expires Contract for Services Agreement HDR Engineering, Inc. — 50 Lied Infill at the Jail Work Center Project Page 1 v 1.0 125 WHATCOM COUNTY: Approved as to form: Prosecuting Attomey Date Approved: Accepted for Whatcom County: By: Pete Kremen, County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of . 2007, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: HDR ENGINEERING, INC. Address: 500108"h Ave. N E, #1200 Bellevue, WA 98004-5549 Contact Name: Hams Falken, PE Contact Phone: 425450-6200 Contact FAX: 425-453-7107 Contact Email: harsuel@aol.com Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 2 v 1.0 126 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Tenn and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Contractor shall be given five (5) days to cure any deficiencies or non-compliance. If contractor fails to cure to County's satisfaction, county may proceed with a written notice of termination. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including reasonable increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. Contractor may terminate this agreement with five (5) days written notice, for cause or County's breach of contract Contractor shall be entitled to compensation for services provided up to the termination data and any reasonable costs incurred to terminate this agreement. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based Ripon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 3 v 1.0 127 Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B " 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes, Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Intemal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has materially failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor. The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/shelit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under thiscontract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 4 v 1.0 128 Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: "fhe performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: "rhe performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. However, County agrees that the materials or data produced by the Contractor under this agreement are intended for the purposes of this agreement and project and any reuse or modifications of the said materials or data shall be at County's or other's sole risk. County or others shall indemnify and hold harmless the contractor against any claims, damages, losses or any costs (not limited to and including reasonable attorney's fees arising out of there use or modifications of materials or documents prepared or fumished by the contractor. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Fight to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all project related records or other materials which the County deems pertinent to the Agreement and its performance, and any and all project related communications with or evaluations by service recipients under this Agreement The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall cant' for the duration of this Agreement. general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 5 129 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the extent of the negligent acts, errors or omissions by the Contractor and those for whom the Contractor is legally responsible. It is further provided that no liability shall attach to the County by reason of entering into this contract, except for the sole or concurrent negligence of the County. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex, sexual orientation or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Non -competition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 6 v 1.0 130 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, current at the time of execution of this agreement. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Michael Russell, Facilities Manager Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225 (360) 676-6746 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation ofAgreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 7 b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this Agreement or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this Agreement. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this Agreement shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this Agreement shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34:3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, up to the statute of repose in the State of Washington starting at substantial completion of the scope of services notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement HDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 8 v 1.0 132 March 4, 2008 Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225-4010 ATTN: Mike Russell, Facilities Administrator RE: Existing Jail Work Center Due Diligence Report 50 Bed Infill Dear Mike As per your request, we have reviewed preliminary documents outlining a proposal to add an additional 50 dormitory beds to the existing 150 bed Jail Work Center, that was just recently completed. During our review of this proposal several items come to mind that should be addressed prior to proceeding any further with this proposal. A preliminary list of these items is as follows: • Evaluate the existing mechanical system for ability to maintain comfort environment for a 50 bed sleeping area in lieu of the warehouse environment that it was designed for. This increased occupancy will have increased cooling loads as a minimum, heating may also be affected. • Evaluate the existing mechanical system for ability to add smoke evacuation to meet I-3 occupancy standards in this area. • Evaluate the existing water heating systems to verify the ability to add additional showers, lavatories, water closets, (and urinals if men occupants). • Evaluate the existing waste water systems to determine if the existing system can handle the additional occupant load without being upsized. • Evaluate the plan layouts to determine if proper exiting can be achieved for the additional 50 occupants. • Evaluate the exercise and meal requirements for the additional 50 occupants to determine if the existing kitchen (main facility) and retherm kitchen and exercise area can handle the additional load. (Exercise will be an issue on weekends). • Evaluate if any existing warranties will be impacted by changing load demands on installed equipment. HOR Architecture, Inc. 17111 Preston Road Phone: (972) 96DA000 Suite 300 I Fax: (972) 960-4186 Dallas, TX 75248-1232 www.hddnc.com • Evaluate existing Electrical design to determine if additional equipment and loads can be facilitated without upsizing the current service. Could impact both incoming service transformers and Standby Emergency Generator. • Evaluate existing systems requirements regarding Central Control, Cameras, Visitation and locking systems, to determine how-diuch additional equipment can be added without having to change out existing equipment or expanding existing electronics space. • Evaluate City of Bellingham acceptance and requirements for zoning or occupancy permit requirements for the additional 50 dormitory beds. • Evaluate rear security area for ability to handle added vehicular equipment. • Evaluate if upgrading existing construction for physical security will be required. , The above is not an all inclusive fist, but a list of minimum issues that should have an in depth review prior to proceeding with any modifications. We feel that to properly review these items with the appropriate personal it would take at least one day on site at the existing facility and your office to review.as built conditions. Another two days to evaluate the required provision of additional, or upgrading of existing equipment. Two additional days to review this proposal with City of Bellingham staff for feasibility and acceptance. Another three days to prepare a report of our findings. Some of these daily activities will require a few HDR staff some will be a single individual. We are summarizing it as follows Discipline Rate Hours Sub Total Project Principal 180 60 $ 10,800.00 Project Manager 165 32 $ 5,280.00 Project Engineer EE 155 32 $ 4,960.00 Project Engineer ME 155 32 $ 4,960.00 $ 26,000.00 Travel/Miscellaneous NTE $ 5,000.00 Total $ 31,000.00 If this proposal meets with your acceptance, please advise of how you would like us to proceed. Once we have received an official Notice To Proceed, we feel the Due Diligence report can be completed in approximately three weeks. Sincerely HDR Architecture HDR Architecture, Inc. 1934 John Hultberg RA Vice President CC: Harris Falkin, Rob Johnson ' HDR Architecture, Inc. 1145 EXHIBIT B As consideration for the services provided pursuant to Exhibit A, Scope of Work, the County agrees to compensate the contractor based on direct hours worked on the project. There shall be no charge for in-house reproduction, in-house network and computers, domestic long distance telephone and fax. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at not to exceed IRS rate, lodging and per diem at a rate not to exceed the GSA rate for location services are provided. Reimbursement for air travel will be at coach rates. Reimbursement for outside reproduction and mail shall be at cost. Other reasonable expenditures such as sub - consultants, equipment rental, etc. shall be reimbursed at actual cost plus 5%. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed $31,000.00 for original contract work. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Contractor will submit progress reports and supporting expense documentation with invoices. All invoices are to be mailed or delivered to: Whatcom County Facilities Management 316 Lottie Street Bellingham, WA 98225 Discipline _ _ Rate _ — _ _ Hours — _ Sub Total Project Principal 180 60 _ —_ _ $ 10,800.00 _Prgl t Manager _-- 165 _ — — 32 _ — —_ _ 5,280.00 Project Engineer EE — 155 — — 32 _ — _— -- _ 4,960.00 _ P_ roject n inter ME 155 — 32 _ _ 4,960.00 Trave/Miscellaneous --- Sub Total $ 26,000.00 5,000.00 -------------------- _ —Total ------ — $ 31,000.00 Contract for Services Agreement MDR Engineering, Inc. — 50 Bed Infill at the Jail Work Center Project Page 1 Z 136 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-121B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 4114108 Finance & Admin. Originator: 4122108 Svcs Committee Wendy Wefer-Clinton lf� �"' ra n /� 1 �VJ U (Consent Agenda)and CouncilAgenda 4114108 Division Head: Goens AyPR 11 2008 Dept. Head. g� �[Caren WHA P CQ. M COUNTY p Prosecutor: 0 ��/0D COUNCIL f COUNCIL Purchasing/Budget: Executive. �l I TITLE OF DO UM T. 2008 Unrepresented Resolution ATTACHMENTS: 2008 Unrepresented Resolution 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.) Request approval of 2008 Unrepresented Resolution. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Resolution 2006-075 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcomova.us/council. 137 PROPOSED BY: Executive INTRODUCTION DATE: April 22, 2008 RESOLUTION NO. 2008- A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES FOR THE YEAR 2008 (effective April 22, 2008) WHEREAS, it is necessary to establish policies and salaries for the unrepresented employees; and, WHEREAS, the Whatcom County Council hereby adopts the following policies for administration of personnel issues affecting unrepresented employees; and, WHEREAS, it is nonetheless understood that state law may override certain stipulations set forth herein; and, WHEREAS, the Whatcom County Council hereby adopts the concept of a salary matrix as the basis of establishing salaries for a majority of the non -represented positions; NOW, THEREFORE, BE IT RESOLVED, that the Council intends that the Administration should follow the policies set forth below and should place non -represented employees within the proper range and step according to the FTEs contained in the adopted budget; AND FURTHER, THEREFORE, BE IT RESOLVED, 1. DEFINITIONS 1.1 "Unrepresented employee" is defined as either elected officials or non - represented employees. 1.2 "Elected official" is defined as only those officials elected pursuant to the provisions of the Whatcom County Charter and Washington State Law (except Superior Court Judges).. 1.3 "Non -represented employee" is defined as all other unrepresented employees who are appointed to a budgeted full-time equivalent position. 1.4 "Full-time equivalent" and "FTE" are both defined as the currently assigned percentage, not to exceed currently budgeted full-time equivalency of a position, as authorized by budget ordinance. 2008 Unrepresented Resolution - Page 1 138 2. NON -REPRESENTED SALARY MATRICES The monthly salaries of non -represented positions shall be established within the ranges and steps provided in Exhibit A through F. Exhibits A through D shall be effective May 4, 2008, and Exhibits E and F effective January 1, 2008. Each employee in Exhibits A through D employed on the date this Resolution is approved by the County Council shall be paid 3.00% of year-to-date gross earnings through May 3, 2008 or date of separation. Monthly salary amounts indicated are for one (1.00) FTE. These amounts will be pro -rated for fractional FTEs and may be converted to an hourly rate for FLSA non-exempt positions by dividing the monthly amount by 173.33. 3. OTHER NON -REPRESENTED POSITIONS Other non -represented positions covered by Exhibits G & H shall be paid a monthly salary effective May 4, 2008, pro -rated for fractional FTEs, unless otherwise noted. 3.1 Court Commissioners. Court Commissioners are to be paid at a rate equivalent to a percentage of the comparable state Court Judge salary level. Any changes in these Judges' salaries during 2008 will be reflected in the comparable Court Commissioners' salaries. % of Comp. Judge Superior Court Commissioner 85% District Court Commissioner 80% 3.2 Flat Rate Positions. Each employee identified in this section, if employed on the date this Resolution is approved by the County Council, shall be paid 3.00% of year-to-date gross earnings through May 3, 2008 or date of separation. Court Reporter Health Officer 4. COMPENSATION & EMPLOYMENT 4.1 Step Movement. Employees in Exhibits A through D, employed on the date this Resolution is approved, who would have received a step increase between January 1, 2008 and May 3, 2008 shall receive a step increase with an effective date of the first of the applicable month for next step movement purposes unless they separate prior to that time. Within the salary matrices contained in Exhibit A through H, all steps shall be awarded on the basis of successful job performance. Non -represented employees shall advance to the next step twelve (12) months after their previous movement, on the first day of the appropriate month, if the overall performance evaluation is "meets job requirements" or better. Effective May 4, 2008, non -represented employees shall advance to the next step per the basis indicated on the appropriate Exhibit on the first day of the appropriate month. Beginning January 1, 2009, a performance evaluation must have been completed for employees in Exhibits C, D, G and H within the last year and must be "3.38" or better overall to advance to the next step. 4.2. Reclassification or Promotion. In compliance with County policy on reclassifications (AD140000Z), individuals who are reclassified (because of the addition of 2008 Unrepresented Resolution - Page 2 139 significantly higher -level duties), per written approval of the Executive's Office, or promoted into a higher position shall move to the step in the new range that provides at least a 5% increase in base salary, not to exceed the top step of the new range. The reclassification or promotion date becomes the step date. 4.3 Realignment. Department heads can request for consideration during the budget process, realignment of positions the following January, which are paid at least three percent (3.00%) below the average of at least four (4) of the six (6) comparable counties (all comparable counties where matches exist must be used). Individuals moving to a new range because of a realignment of non -represented positions or ranges shall be placed in their current step (but no higher than the top step) in their new range. The effective date of the realignment shall become the step increase date. Positions which are experiencing recruitment and/or retention difficulties may be looked at during the year if funding is available within the current year's budget for the department. 4.3.1 Additional Considerations. In the administration of section 4.3 — Realignment, in the event the County identifies a position as one with documented local recruitment and/or retention difficulties then secondary comparables based on close geographical location and sociological issues may be considered. 4.4 Position Movement. Individuals moving to a position in a lower range may have a salary adjustment up or down depending upon individual qualifications for the position, the nature of -the work performed, and internal equity with no change to the next step increase date. 4.5 Overtime & Compensatory Time Pay. The provisions for overtime payments and compensatory time (for working over 40 hours in a week) apply only to non - represented employees who are covered as non-exempt by the Federal Fair Labor Standards Act (FLSA). Employees requesting compensatory time in lieu of overtime pay shall have such request granted up to a maximum of twenty-four (24) hours per calendar year. Additional compensatory time may be mutually agreed to, but an employee may accrue no more than a maximum of 80 hours of compensatory time at any time. By mutual agreement, and per written approval of the department head, an employee may cash out accrued compensatory time at the end of each calendar year. In .recognition of the contributions non -represented employees sometimes make in working far beyond the hours required in a regular work week, and the fact that FLSA- exempt employees do not get overtime or compensatory time, the Executive's Office has authority to award deserving non -represented FLSA exempt erriployees up to five (5) days of paid administrative leave per year. These days must be used in the year awarded unless County business prevents this occurring, in which case they can be carried over one year. Administrative leave may only be cashed out upon separation. The Executive is empowered to authorize extra pay for non -represented employees during a period of extraordinary circumstances (such as emergency conditions, a strike, etc.). 4.6 Interim Assignment Pay. From time to time, non -represented employees may be asked to cover all or part of the duties of a higher -level position during periods of extended absence, vacancy, or for special assignments. In these instances, interim 2008 Unrepresented Resolution - Page 3 140 assignment pay may be awarded. Department heads shall discuss appropriate rate of interim assignment pay with Human Resources. 4.7 Employment Opportunities. Non -represented employees who wish to apply for a union position may do so by the posted closing date for union members. Non - represented applications will be reviewed only if there are no current eligible and qualified represented employees who apply or who are selected for the opening. The County, at its sole discretion, may or may not select non -represented employees for any type of opening, or may proceed with a public posting and include the non -represented employees in the employment process. 4.7.1 Provisional Appointments. The County may make provisional appointments for employees not fully meeting all requirements and qualifications. Such employees will be placed in a range lower than the posted position and will not receive a promotional increase upon fully meeting posted requirements. They will maintain their step increase date when moved to the range of the posted position and be placed in the step closest to but not less than their current rate of pay. 4.8 Disciplinary Suspensions. FLSA-exempt employees are not subject to unpaid disciplinary suspensions except in increments of full work -weeks, unless the infraction leading to the suspension is for a violation of a safety rule of major significance. 4.9 Employment at Will. Employment for non -represented employees is at will, which means either the employee or the County can end the employment relationship without being legally required to give notice or a reason except as stipulated herein or by County policy. 4.10 Emergency Response. Non -represented employees authorized in advance and required to respond in person to extraordinary emergencies between the hours of 9:00 p.m. and 6:00 a.m., Monday through Friday and any time on Saturday or Sunday, shall receive a $100 stipend per incident. If response to an incident is during normal hours but extends to hours or days noted above, no stipend is awarded. If the incident extends beyond 24 hours from the first response by employee and additional responses are required during times or days noted above, an additional stipend will be awarded. Pre - authorization is provided by an employee's supervisor with final written approval of the department head for a specific incident requested after the incident occurs. In the case of department heads, pre -authorization and final written approval of a specific incident is provided by the Executive or designee. 4.11 Recognition and Retention Premium. Beginning with the non -represented employee's fifth (5t) year of employment, employees who are .5 FTE or above shall receive five dollars ($5.00) per month times each year of service ($25.00) in addition to their regular pay as a recognition and retention premium. Thereafter, on January 1st of each year, they shall receive five dollars ($5.00) per month times each year of service to a maximum of twenty-five (25) years — one hundred and twenty-five dollars ($125.00) per month. Employees must have had a performance evaluation within the last year with an overall rating of "3.38" or better to receive and maintain the premium. Employees receiving an overall rating of less than "3.38" shall not receive the premium. Prior regular County employment with verifiable performance at or above the required level may be considered when determining years of service. Effective as follows, Recognition and 2008 Unrepresented Resolution - Page 4 _ 141 Retention Premium will cease to exist as a separate compensation item and will be rolled into -the salary matrices: Exhibits C, D, G and H - effective May 4, 2008; Exhibit B - effective 1 St full pay period in 2009; Exhibit A - effective 1 st full pay period in 2010. 4.12 Probable Cause Compensation. Any attorney in the Prosecuting Attorney's Office required to appear on a Saturday or Sunday at a scheduled Probable Cause hearing shall receive $175 for his/her appearance. 4.13 Nomination for Merit Step. 4.13.1 Merit Step. Non -represented employees who are not at the top annual step of their assigned range may be nominated by the department head to the Executive's Office for a one-step adjustment in recognition of documented exemplary performance. A step adjustment for merit does not impact the step date. 4.13.2 Documentation. Documented exemplary performance for a merit step shall include a performance evaluation within the last year with an overall rating of at least "4.00" with no individual elements or sub -elements at or below the "needs improvement" level. Additional documentation must be in writing and shall include specific information as to the employee's contribution: • to achievement of some element or elements of the strategic plan; • that has organization- or corrimunity-wide impact; • to the completion of a specific, significant department project; or • to a similar type of accomplishment. 4.13.3 Timing . Nomination requests will normally be submitted during the budget process, but may be submitted any time during the year if funding is available within the current year's budget for the department. 4.14 Binding Arbitration Adjustment. In recognition of the fact that two bargaining units within the Sheriff's Office have access to binding interest arbitration, unrepresented employees in the Sheriff's Office shall receive or be eligible for, on approximately the same basis as employees directly reporting to them, the following items: • Pay increases, including retroactivity (non -represented employees only). • The same basis for calculating Recognition and Retention Premium (Longevity). Parameters in section 4.11 of the Unrepresented Resolution must be met in order to be eligible for the Premium (non -represented employees only). • The same annual clothing allowance if they must maintain a dress uniform. • Medical coverage. 4.15 Ability to Cross Border. Employees must maintain the ability to cross the Canadian border if they are assigned to a position which may at any time require crossing the Canadian Border. 5. SCHEDULING 5.1 Work Schedule. The hours of operation may vary between departments and divisions in order to better serve the public. 2008 Unrepresented Resolution - Page 5 142 5.2 Alternative Schedule. Alternative scheduling allows the hours and the basic workday or workweek of an employee to be modified from the department standard to attend to County business or to accommodate a different schedule. Approval of alternative scheduling shall not allow for greater than forty (40) hours of compensation in any one work week, shall provide for no reduction in service to the public, and must not increase the County's compensation costs. Alternative scheduling requires the mutual agreement of the employee and the department head and approval of the Executive's Office. FLSA non-exempt employees may not accumulate or not take lunch and/or rest. breaks in order to shorten the workday or work week. 5.3 Flex Time. Periodic flex time may be used for personal employee business, to make up doctor, vision or dental appointments, to attend meetings or to perform work on behalf of the County. Approval of flex time shall not allow for greater than forty (40) hours of compensation in any one work week, shall provide for no reduction in service to the public, and must not increase the County's compensation costs. Flex time requires the mutual agreement of the employee and the department head. FLSA non-exempt employees may not accumulate or not take lunch and/or rest breaks in order to shorten the workday or work week. 6. LEAVES 6.1 Sick Leave. For the purpose of sick leave benefits, sick leave shall accrue to each 1.0 FTE non -represented employee from their date of hire in the amount of eight (8) hours for each month of employment, if benefits eligibility criteria is met, to a maximum of nine hundred and sixty (960) hours. 6.1.1 Part -Time Employees' Sick Leave Accrual Rate. Part-time employees' sick leave accrual rate will be pro -rated per currently assigned, but not more than their budgeted FTE. 6.1.2 Additional Accrual. A non-LEOFF II employee who has accrued nine hundred and sixty (960) hours as of December 31 of any year shall be allowed to accrue up to one thousand and fifty-six (1,056) hours (960 hours + up to 96 hours annual accrual) of sick leave during the year immediately subsequent. These additional hours of accrual may not be cashed out. The employee's total accrual reverts back to no more than nine hundred and sixty (960) hours at the end of the year. 6.1.3 Sick Leave Usage. Employees may request sick leave as accrued and it may be used in increments of less than one scheduled workday, but not less than one hour for FLSA exempt employees. 6.1.4 Proof of Illness. Upon request, an employee shall provide the County with proof of incapacitating illness or injury for themselves and all persons covered by section 6.1.6. 6.1.5 Retirement Health Savings Plan. Employees who have at least 960 hours in their sick leave bank at the beginning and end of a calendar year (or at the beginning of, a calendar year and upon termination in that same year) will receive a Retirement Health Savings (RHS) plan contribution, based upon a portion of the hours 2008 Unrepresented Resolution - Page 6 143 accrued but not used during the year. Sick leave hours accrued to a maximum of forty- eight (48) hours will apply to a partial contribution to a Retirement Health Savings Plan if less than forty-eight (48) hours of sick leave are used that year. Calculation is based on 25% of eligible hours, paid at the hourly rate at year end. 6.1.6 Sick Leave for Family Care. Sick leave can be used to care for the child of an employee with a health condition that requires treatment or supervision, or for the care of an employee's spouse, registered spousal equivalent (up to forty (40) hours per year), parent, parent -in-law or grandparent with a serious health condition or an emergency condition. Spousal equivalents must be registered with AS -Human Resources prior to requesting sick leave usage. 6.1.7 Sick Leave Cashout. A non -represented employee with three (3) or more years of current, continuous employment with the County shall be entitled to sick leave cashout upon voluntary separation or layoff in the amount of twenty five (25%) percent, or fifty (50%) percent if hired before May 15, 1984. Employees must give at least two (2) weeks' notice prior to separation to be eligible for sick leave cashout. 6.1.8 Sick Leave Sharing. Sick leave sharing is available to non - represented employees per the County's Sick Leave Sharing Program. Each employee may donate up to a maximum of twenty-four (24) hours per calendar year. 6.1.9 LEOFF II Accrual Maximum. LEOFF II non -represented employees may accrue sick leave up to a maximum of one thousand, four hundred and forty (1,440) hours. No more than nine hundred and sixty (960) hours shall be used as a base for calculating sick leave cashout. 6.1.10 Sheriff's Office. Non -represented employees in the Sheriff's Office (including Emergency Management and the Jail) who have employees directly reporting to them who receive an additional five (5) days of vacation if they have seventy-five (75) days of sick leave on December 31 of any year shall receive the same consideration. 6.2 Vacation. Non -represented employees (except court reporters and superior court commissioners) shall be entitled to vacation accrual benefits if benefits eligibility criteria is met. Accruals for 1.0 FTE's will be in accordance with the following schedule with the first employment year being the year hired and subsequent employment years being the first of the year. Prior regular County employment may be considered when determining employment year. During 1 st through 4th employment year accrue 10.00 hours per month During 5th through 9th employment year accrue 13.34 hours per month During 10th and subsequent years accrue 16.67 hours per month Vacation leave may be requested as accrued and approved and may be used in increments of less than one scheduled workday, but not less than one hour for FLSA exempt employees. No more than two hundred and forty (240) vacation hours may be carried forward from one year to the next, unless extraordinary circumstances exist and prior approval from the Executive's Office is obtained. Unused vacation in excess of two hundred and forty (240) hours on December 31 shall be forfeited. The express purpose of vacation leave is to allow employees to take time away from work to relax, recreate and 2008 Unrepresented Resolution - Page 7 144 otherwise attend to personal matters. It is the policy of Whatcom County that non - represented employees shall take the regular vacation time allocated each year for the good of the County and -the employee. If funds exist in the department's current budget, by mutual written agreement between the non -represented erriployee, the department head and the Executive's Office, up to eighty (80) hours of vacation can be cashed out each calendar year. 6.2.1 Part -Time Employees' Vacation. Part-time employees' vacation accrual rate will be pro -rated per currently assigned, but not more than their budgeted FTE. FLSA non-exempt employees will receive extra vacation pay, on a quarterly basis, based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00 FTE). Effective May 4, 2008, FLSA non-exempt employees assigned to work less than a 1.0 full-time equivalency (FTE) shall accrue vacation benefits based on their currently assigned, but no more than their budgeted FTE. The following references to adjustments to compensatory time will not be made relative to section 4.5, the requirement of one and one-half times the regular rate of pay, but rather the following: If an employee works more than their assigned FTE in a month, they will receive an adjustment to their compensatory time balance. Adjustments to compensatory time will be exactly equal in hours to the difference between an employee's vacation accrual rate times percent FTE worked and actual vacation earned based on assigned FTE. Adjustments to compensatory time balances will be made quarterly. 6.2.2 Compassionate Leave. Employees may donate accrued vacation leave or paid time off to employees for the serious health condition (as defined by FMLA) of the employee per County policy. 6.3 Holidays. Paid holidays will be available as posted on an annual basis for non -represented employees (except district and superior court commissioners) who are in paid status, or on approved voluntary unpaid furlough, the entire scheduled work day before and after the holiday. 6.3.1 Personal Holiday. Each non -represented employee (except court reporters and district and superior court commissioners) shall receive one (1) Personal Holiday each calendar year equivalent to their FTE on January 1 or upon hire, not to exceed eight (8) hours. The Personal Holiday must be used in the year it is earned, in increments of at least one hour for FLSA exempt employees, unless prior to the end of that year, written approval to carry it over is obtained from the department head and the Executive's Office. Personal Holidays are not cashed out upon separation. 6.3.2 Working a Holiday. Employees who are required to work, because state law requires an office to remain open on the December 24t" County holiday observance, shall receive two days off with pay. Employees, who are required by their department head to work a paid County holiday because of an emergency, a project that can only be corripleted when County offices are closed, or special directive from the Executive's Office, shall receive two (2) days off with pay at a mutually agreeable time. 6.3.3 Part -Time Employees' Holiday Pay. Part-time employees will receive holiday pay based on their currently assigned, but not more than their budgeted 2008 Unrepresented Resolution - Page 8 145 FTE. FLSA non-exempt employees will receive extra holiday pay, on a quarterly basis, based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00 FTE). Effective May 4, 2008, FLSA non-exempt employees assigned to work less than a 1.0 full-time equivalency (FTE) shall accrue holiday benefits based on their currently assigned, but no more than their budgeted FTE. If an employee works more than their budgeted FTE in a month, they will receive an adjustment to their compensatory time balance. Adjustments to compensatory time will be exactly equal in hours to the employee's percent FTE worked times eight (8) hours less actual holiday earned. Adjustments to compensatory time are hour for hour at regular rate of pay. Adjustments to compensatory time will not be pursuant to section 4.5, and therefore will not be calculated at one and one-half times the regular rate of pay. Adjustments to compensatory time balances will be made quarterly.. 6.4 Paid Time Off. Beginning July, 2008, each non -represented employee on Exhibit A & B matrices will, in lieu of accruing vacation, sick and personal holiday, accrue time into a Paid Time Off bank. 6.4.1 Accrual. Currently accrued vacation and personal holiday hours will be placed in the Paid Time Off bank. Accrual for 1.0 FTE's will be in accordance with the following schedule with the first employment year being the year hired and subsequent employment years being the first of the year. Prior regular County employment may be considered when determining employment year. Part-time employee's monthly Paid Time Off accrual rates will be pro -rated based on FTE. Exhibit B During 1 st through 4t" employment year During 5t" and subsequent years Exhibit A Upon hire and subsequent years Accrual Rate/month 21.33 hours 24.67 hours Accrual Rate/month 26.00 hours 6.4.2 Short -Term Disability Bank. Each current and new eligible employee will receive a "one-time" deposit of 480 hours into a short-term disability bank. Part-time employee's short-term disability bank deposits will be pro -rated based on FTE. The bank can be accessed after an employee has been absent and used Paid Time Off for three consecutive work days for an illness, for an approved Family/Medical Leave, or to provide care for a family member under Family Care or Family Leave. Access to this bank may require a physician's certification, must be used in increments of one hour or more, and is not eligible for cashout at any time. 6.4.3 Sick Leave Bank. Current employees will maintain their sick leave hours accrued through June, 2008 in a bank, which can be accessed only if the one-time short-term disability bank is depleted. Employees may be required to provide proof of illness per sections 6.1.3 and 6.8.1. Effective January 1, 2009, employees eligible for the Paid Time Off bank will no longer be eligible for section 6.1.5 —.Retirement Health Savings Plan. Upon separation, the sick leave bank will be cashed out per section 6.1.7. 6.4.4 Paid Time Off Usage. Paid time off may only be requested as accrued and used as approved. In the event an employee needs paid time off for an 2008 Unrepresented Resolution - Page 9 146 illness or to care for a family member, the employee should give his or her supervisor as much notice as possible. Paid Time Off must be used in increments of one hour or more. 6.4.5 Paid Time Off Carryover/Cashout. Effective December 31, 2009, no more than 330 hours can be carried over to the following calendar year with additional hours forfeited. If funds exist in the department's current budget, by mutual agreement among the impacted employee, the department head (if applicable) and the Executive's Office, up to eighty (80) hours of Paid Time Off can be cashed out each calendar year. Upon separation, hours in the Paid Time Off bank will be cashed out. 6.4.5.1 Paid Time Off — PERS I. No PERS I employee will be adversely affected by the PTO program relative to excess compensation impacting retirement income compared to the currently allowed sick and vacation cashout upon separation. 6.5 Jury Duty & Military Leave. Non -represented employees considered exempt under the Federal Fair Labor Standards Act (FLSA) shall have no deduction in salary for absences caused by jury duty or annual military leave. Jury duty and military leave will be provided as described in Personnel Policies and Procedures, USERRA or state law. 6.6 Bereavement Leave. Bereavement leave shall be provided to non - represented employees, who suffer a death in the immediate family, of up to five (5) days (maximum of forty hours) off without loss in pay. Immediate family members include a spouse or registered spousal equivalent, child or parent (including step) of either the employee or the employee's spouse. Spousal equivalents must be registered with AS - Human Resources prior to requesting bereavement leave. Up to three (3) days off without loss of pay is available for other close family members (including step): brother, sister, grandchildren or grandparents of either the employee or the employee's spouse. In the event of a funeral or other memorial occurring as a result of the death of a current, lawful brother or sister-in-law, the affected employee may have up to eight (8) hours of paid time off to attend the funeral or memorial, if not covered above. Additional days off without pay or using accrued leave may also be available upon written approval of the department head. Requests for greater than five (5) days of any type of leave without pay in a calendar year requires Executive Office approval. 6.7 Civil Leave. Civil leave with pay shall be allowed to permit a non - represented employee to testify in any federal, state or municipal court when a subpoena compels such testimony and such testimony is on behalf of Whatcom County or is in connection with a matter in which Whatcom County is a party. 6.8 Family Leave. The County provides unpaid leave to any eligible non - represented employee covered by this Agreement, consistent with the Washington State Family Leave Act, Washington State Family Care Act, Washington State Military Family Leave Law (effective June 12, 2008), and the Federal Family and Medical Leave Act (FMLA). Employees are not required to use accrued vacation time, sick leave, or paid time off before commencing unpaid family leave, except an employee who has previously used twelve (12) weeks of unpaid FMLA will, for the following four years, use all but forty (40) accrued hours (including compensatory time) of allowable vacation, sick, paid time off, short-term disability bank, and personal holiday time before beginning unpaid leave during _ 2008 Unrepresented Resolution - Page 10 147 any subsequent twelve-month FMLA period. If leave pursuant to FMLA stipulations would also qualify as leave under any other County benefit, policy or type of leave, the period of the FMLA leave will run concurrently and will apply toward an employee's entitlement for each type of leave that may be applicable. 6.8.1 Physician Certifications. The County may require physician certifications in accordance with state and federal guidelines. 6.9 Maternity Leave. Accrued sick leave or short-term disability bank time may be utilized for maternity/disability leave. In the event sick leave and/or the short-term disability bank is exhausted before the employee returns to work, any vacation, paid time off, or other paid leave which has accrued must be utilized before approval of any leave without pay is considered by the County, except for leaves falling under the federal Family and Medical Leave Act or County policy. If leave pursuant to this provision would also qualify as leave under any federal or state statutes, the period of leave will apply toward the employee's entitlement to leave under any applicable statute consistent with section 6.8. Unless the birth mother chooses to invoke FMLA, a birth mother's period of temporary pregnancy -related disability shall not be deducted from the FMLA leave entitlement. 6.10 Leave for Illness or Injury. Non -represented employees may request in writing with appropriate health care provider verification leave for major illness or injury utilizing Family/Medical Leave, accrued leaves, and unpaid leaves, as appropriate and as approved. Total time for the leave, which will include all time away from work, may be extended up to a maximum of twelve (12) months with the mutual consent of the department head and the Executive's Office. An employee who returns to work will be credited for length of return time within the twelve (12) month limit if the employee must go back on disability for the same illness/injury. Periodic health care progress reports may be required. 6.11 Domestic Violence Leave. The County provides leave to employees who are victims of, or who are family merribers of victims of domestic violence, sexual assault, or stalking, consistent with the requirements of the Washington Domestic Leave Law. 6.12 Absence Due to Adverse Weather. FLSA non-exempt employee's absence due to severe inclement weather or other unusual emergency conditions will be charged to one of the following in sequential order: compensatory time, vacation leave, paid time off, personal holiday, or leave without pay, unless an employee who wishes to take leave without pay notifies his/her payroll preparer before the department's payroll cut-off time. 7. ELECTED OFFICIALS 7.1 Wage Adjustments for Elected Officials. Elected Officials, except Council Members, shall receive, effective May 4, 2008, the same overall wage adjustment to their 2007 salary as granted Exhibit A employees at step 7 for 2008. The County Executive will always remain at 101 % of the Prosecuting Attorney. Council Members shall be compensated per Resolution 2005-020. Each Elected Official in office on the date this Resolution is approved by the County shall be paid 3.00% of year-to-date gross earnings through May 3, 2008 or date of separation. 2008 Unrepresented Resolution - Page 11 148 7.1.1 Realignment. During the first quarter of each year, the salaries of the Prosecuting Attorney, Sheriff, Assessor, Auditor and Treasurer shall be compared to positions in comparable counties per relevant parts of the realignment process described in Section 4.3. If the stated parameters are met, impacted Elected Officials would receive an increase not to exceed 4.3%, effective retroactively to January 1. Only positions which meet realignment criteria are adjusted. 7.1.2 Retirement Health Savinqs Plan. Effective June 29, 2008, for Executive Branch Elected Officials (County Executive, Prosecuting Attorney, Sheriff, Assessor, Auditor, and Treasurer), 5% of base salary provided will be mandatorily paid by the County to his or her Retirement Health Savings (RHS) account with the remaining 95% of base salary paid through payroll. 7.1.3 State Adiustment. Effective July 1, 2008, the state of Washington shall contribute an amount equal to one-half the salary of a superior court judge towards the salary of the elected prosecuting attorney. The County will provide increases to its portion of the Prosecuting Attorney salary per section 7.1. 7.2 District Court Judges. District Court Judges shall accrue sick leave at the same rate as non -represented employees. Additionally, pursuant to RCW 3.34.130, District Court Judges will receive thirty (30) days' annual leave each January 1. Annual leave cannot be carried forward to the next year. When a District Court Judge vacates office, the total remuneration for annual leave and sick leave shall be granted as allowed by RCW 3.34.100, and shall not exceed the equivalent of thirty (30) days' monetary compensation. 8. BENEFITS 8.1 Benefits Eligibility. Non -represented employees must be compensated at least eighty (80) hours per calendar month and be in at least a .5 FTE position to be eligible for benefits (including, but not limited to, sick leave, vacation, paid time off, short- term disability bank, and health and welfare). Compensation is defined as payment of wages for work performed, vacation, accrued sick leave, paid time off, short-term disability bank, or other paid leave. County payments of health and welfare premiums for benefits of non -represented employees are made on behalf of employees. Compensation earned in one (1) calendar month provides health and welfare benefit coverage in the following month unless stipulated otherwise in plan documents. Any elected official or newly hired non -represented employee will be initially eligible for health and welfare benefits the calendar month following at least 80 hours of compensation in one (1) calendar month. Waiting period requirements on individual plans must be met for benefit reimbursement. For elected officials, hours of compensation would be determined based on budgeted FTE with 173.33 standard hours in a month for a 1.0 FTE. Income resulting from an industrial injury to a maximum of twelve (12) months from the date of injury shall also be credited as compensation. 8.1.1 Benefits Coverage In Case of Documented Extended Illness or Injury. If an employee has a health care provider documented extended illness, injury, or disability, and is unable to work or be compensated at least eighty (80) hours per calendar month, medical premiums will continue to be paid by the County for full employee and family coverage for up to twelve (12) months from the date the employee is first absent on 2008 Unrepresented Resolution - Page 12 _ 149 account of such illness or injury unless employment is terminated. This waiver period is deducted from COBRA eligibility. Dental, vision and life premiums will be paid by the County for the first three months only. Periodic health care provider reports may be required. 8.1.2 Benefits Coverage for Rehired Employees. Employees who were in an FTE position and are rehired by the County into an FTE position within one year of separation from employment will be eligible for benefits if the employee met the Unrepresented Resolution and plan eligibility requirements and was enrolled in County provided health & welfare plans prior to leaving County employment. Coverage will begin the first of the month following the meeting of benefits eligibility requirements of each individual benefit plan. 8.1.3 Part -Time Employee's Benefits Coverage. Part-time employees who fail to receive 80 hours of compensation in a calendar month shall be considered eligible for all applicable benefits during the month in question when the failure to meet eligibility requirements is due to a quirk in scheduling and through no fault of the employee. 8.2 Health & Welfare Benefits. All elected officials and eligible non -represented employees shall be granted the following health and welfare benefits, and the benefits shall include full premium contribution by the County for the employee, spouse, and dependent children of the employee, except as noted below. A) Medical B) Dental C) Vision D) Long -Term Disability — employee only (effective June, 2008) E) Life insurance — employee only - in the face amount of each elected official or non -represented employee's annual salary to a. maximum of $50,000. (Under the County's current life insurance carrier, employees may be eligible to purchase additional employee, as well as spouse and dependent coverage via payroll deduction.) 8.2.1 Medical Contribution Cap. For 2008, the County will contribute for each employee, up to $757 per month for medical coverage under the Cap Plan. 8.2.2 LEOFF I Medical Coverage. LEOFF I unrepresented employees will not need to make individual co -payment for themselves and when they incur $3,000 in personal medical expenses during the year, he or she is entitled to a credit of $600 against the family stop loss. 8.2.3 Disability Plan. The County provides administrative oversight for an employee -paid disability plan. Minimum participation requirements for offering the plan must be met and employee payment will be via payroll deduction. Participation in the plan will be voluntary unless participation drops below 60%. If participation drops below 60%, participation in the plan will be mandatory for new hires. If an employee does not enroll within thirty (30) days of hire, a physical examination may be required to determine eligibility for the plan. Employees covered under the Sheriff's Office disability plan are not eligible for this employee -paid disability plan. Effective June, 2008, this plan will no longer be employee -paid, but will be handled per section 8.2 and be employer -paid. 2008 Unrepresented Resolution - Page 13 150 8.3 Other Benefits 8.3.1 Flex 125. The County will pay set-up costs and ongoing maintenance costs to allow employees to utilize a Dependent & Health Care Reimbursement Plan. 8.3.2 Retirement Plans. The County provides payment to retirement plans through the Washington State Department of Retirement Systems (DRS), which also requires contributions from eligible non -represented employees. Elected officials may elect, but are not required, to participate in a DRS plan. 8.3.3 Deferred Compensation. The County provides the opportunity for voluntary employee participation indeferred compensation (457 plans) and 401(a) programs. The County matches these contributions fifty cents on the dollar, up to a maximum of 2% of base salary, with County contributions placed in a 401(a) Plan. New employees, within thirty (30) days of hire, may elect to contribute directly to the 401(a) plan. 8.3.4 Employee Assistance Program. The County provides confidential counseling assessment services through an Employee Assistance Program for employees and their immediate families. 8.3.5 Sheriff's Office Disability Plan. LEOFF II and PERS unrepresented employees in the Sheriff's Office will be provided the same or substantially equivalent disability plan as provided to employees directly reporting to them. Such employees are not eligible to participate in the Long -Term Disability Plan offered under section 8.2. 8.3.6 Retirement Health Savings. The County agrees to make available to bargaining unit members a Retirement Health Savings Plan in accordance with and as allowed by IRS regulations. 8.3.6.1 Retirement Health Savings — SBA/CBA. Effective June 29, 2008, for those non -represented employees of the Sheriff's Office subject to the SBA or CBA Binding Arbitration Adjustment matrices contained in Exhibits E and F, 3% of base salary provided will be mandatorily paid by the County to his or her Retirement Health Savings account, with the remaining 97% of base salary paid through payroll. 8.3.6.2 Additional Mandatory Contributions — SBA/CBA. When any of the employees identified in section 8.3.6.1 separate from employment, sick leave cashout, per section 6.1.6 and vacation cashout will be mandatorily contributed to his or her Retirement Health Savings account. . 8.3.7 Clothinq Repair & Replacement. Employees who, in the course of pursuing their assignments, suffer a loss or substantial damage to clothing, excluding normal wear and tear, shall be reimbursed the reasonable cost for the repair or replacement of like items at a rate commensurate with the condition of the claimed item. Personal property shall be repaired or replaced up to $35.00 per item. 8.3.8 Electronic Funds Transfer. All newly hired regular employees shall authorize paycheck deposit by electronic funds transfer (EFT) within thirty (30) days of employment. Employees may temporarily stop EFT in emergency situations with at least _ 2008 Unrepresented Resolution - Page 14 151 seven (7) days notice before a scheduled payday, but must restart EFT within three months. 9. POLICY OR PROVIDER CHANGES From time to time, the County may change provisions in this resolution or select different providers of benefits, which may impact plans offered. Nothing in this document shall limit the County's ability to change any provision in this resolution or to search for the most cost effective benefit packages, nor shall it commit the County to selecting any specific provider or plan. 10. EFFECTIVE DATE All changes in salaries and benefits under this resolution shall become effective on April 22, 2008, and shall remain in effect until rescinded, except where noted otherwise and except that any further changes during 2008 may be retroactively applied as approved by the County Council. AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolution No. is hereby rescinded effective April 22, 2008, and this Resolution shall become effective that same date. APPROVED this 22nd day of April, 2008, ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Chair APPROVED as to form: Assistant Chief Civil Deputy Prosecuting Attorney 2008 Unrepresented Resolution - Page 15 152 Exhibit "A" 2008 Department Head Salary Matrix - effective May 4, 2008 (remains in place until changed) 500 DH 1 6,606 1 6,858 1 7,118 1 7,388 1 7,668 1 7,961 1 8,264 1 8,578 1 8,904 510 DH 7,185 7,458 7,740 8,036 8,342 8,661 8,990 9,332 9,687 520 DH 7,495 7,780 8,076 8,382 8,700 9,033 9,376 9,732 10,102 530 DH 7,818 8,113 8,422 8,743 9,075 9,422 9,780 10,152 10,538 540 DH 8,153 8,462 8,785 9,119 9,466 9,827 10,200 10,588 10,990 Exhibit "B" 2008 Managers Salary Matrix - effective May 4, 2008 (remains in place until changed) a 400 MG 4,545 4,717 4,896 5,083 5,275 5,475 5,685 5,901 6,125 405 MG 4,739 4,920 5,106 5,300 5,502 5,711 5,929 6,154 6,388 410 MG 4,943 5,131 5,325 5,528 5,738 5,955 6,183 6,418 6,662 415 MG 5,155 5,352 5,556 5,767 5,985 6,212 6,449 6,694 6,948 420 MG 5,377 5,582 5,794 6,013 6,243 6,479 6,726 6,982 7,247 425 MG 5,609 5,823 6,043 6,272 6,511 6,758 7,016 7,283 7,560 430 MG 5,849 6,072 6,303 6,542 6,790 7,048 7,318 7,596 7,885 435 MG 6,102 6,333 6,574 6,824 7,083 7,352 7,633 7,923 8,224 440 MG 6,364 6,606 6,858 7,118 7,388 7,668 7,961 8,264 8,578 445 MG 6,637 6,890 7,150 7,423 7,705 7,997 8,302 8,617 8,944 450 MG 6,923 7,185 7,458 7,740 8,036 8,342 1 8,661 1 8,990 9,332 460 MG 7,220 7,495 7,780 8,076 8,382 8,700 1 9,033 1 9,376 9,732 2008 Unrepresented Resolution - Page 16 153 Exhibit "C" 2008 Professional/Supervisory Salary Matrix - effective May 4, 2008 (remains in place until changed) 36 I1S a "' aC�l S�@ LIIT' �,�,i2..r���c?.:fserv�< e 30 PPS 3,280 3,414 3,549 3,688 3,833 3,982 4,137 4,298 4,467 4,484 4,506 4,529 4,551 305PS 3,420 3,560 1 3,700 13,845 1 3,9961 4,151 4,313 1 4,481 1 4,657 1 4,674 1 4,696 4,719 1 4,741 31OPS 3,565 3,712 3,858 4,011 1 4,167 1 4,330 1 4,498.1 4,673 1 4,856 1 4,873 1 4,895 1 4,918 1 4,940 315PS 3,719 3,871 4,022 4,179 4,343 4,512 4,687 4,869 5,059 5,076 5,098 5,121 5,143 320PS 3,877 4,036 4,194 4,358 4,527 4,704 4,887 5,076 51274 5,291 5,313 5,336 5,358 325PS 4,044 4,209 4,373 4,544 4,721 4,905 5,096 5,293 5,500 5,517 5,539 5,562 5,584 330PS 4,216 4,388 4,560 4,738 4,922 5,112 5,311 5,517 5,732 5,749 5,771 5,794 5,816 335PS 4,397 4,576 4,754 4,939 5,132 5,330 5,536 5,750 5,974 5,991 6,013 6,036 6,058 340PS 4,585 4,770 4,957 5,149 5,349 5,557 5,772 5,995 6,228 6,245 6,267 6,290 6,312 345PS 4,782 4,974 5,168 5,368 5,577 5,793 6,016 6,248 6,491 6,508 6,530 6,553 6,575 35OPS 4,984 5,186 5,389 5,599 5,816 6,040 6,273 6,515 6,768 6,785 6,807 6,830 6,852 355PS 5,198 5,408 5,619 5,837 6,062 6,298 6,540 6,792 7,056 7,073 7,095 7,118 7,140 360PS 5,421 5,640 5,860 6,086 6,321 6,566 6,819 7,082 7,357 7,374 7,396 7,419 7,441 365PS 5,653 5,880 6,109 6,346 6,591 6,845 7,109 7,383 7,669 7,686 7,708 7,731 7,753 370PS 5,896 6,133 6,370 6,617 6,873 7,138 7,413 7,698 7,996 8,013 8,035 8,058 8,080 375PS 6,147 6,395 6,643 6,901 7,167 7,443 7,729 8,026 8,336 8,353 8,375 8,398 8,420 38OPS 6,411 6,668 6,927 7,193 7,472 7,760 8,058 8,368 8,691 8,708 8,730 8,753 8,775 2008 Unrepresented Resolution - Page 17 154 Exhibit "D" 2008 Support Salary Matrix - FLSA non-exempt - effective May 4, 2008 (remains in place until changed) 200SLIP 12,365 1 2,462 1 2,565 1 2,671 1 2,776 1 2,886 1 3,000 1 3,117 1 3,241 1 3,258 13,280 13,303 13,325 210SUP 2,465 12,567 2,673 2,783 2,893 3,007 3,125 3,249 3,378 3,395 3,417 3,440 3,462 220SUPI 2,568 1 2,675 2,786 2,900 3,014 3,134 3,257 3,384 3,518 3,535 3,557 3,580 3,602 230SUP 12,679 2,789 2,906 3,025 3,144 3,268 3,395 3,529 3,669 3,686 3,708 3,731 3,753 240SUP 2,795 2,910 3,029 3,153 3,276 3,406 3,538 3,676 3,821 3,838 3,860 3,883 3,905 250SUP 2,913 3,032 3,157 3,288 3,416 3,550 3,689 3,833 1 3,984 4,001 14,023 4,046 4,068 260SLIP 3,037 3,162 3,292 3,426 3,561 3,700 3,845 3,994 1 4,151 4,168 14,190 14,213 14,235 270SUP 3,420 3,560 3,700 3,845 3,996 4,151 4,313 4,448 4,622 4,639 14,66114,684 4,706 280SUP 3,565 3,712 3,858 4,011 4,167 4,330 4,498 4,638 4,820 4,837 4,859 4,882 4,904 Exhibit "E" 2008 Binding Arbitration Adjustment Matrix only - effective January 1, 2008 2008 Unrepresented Resolution - Page 18 155 Exhibit "F" 2008 Binding Arbitration Adjustment Matrix only — effective January 1, 2008 Exhibit "G" 2008 Court Report & Health Officer Salary Matrix — effective May 4, 2008 (remains in place until changed) Exhibit "H" 2008 Commissioners Salary Matrix — effective May 4, 2008 (remains in place through August 31, 2008) Exhibit "H" 2008 Commissioners Salary Matrix — effective September 1, 2008 (remains in place until changed) 2008 Unrepresented Resolution - Page 19 156 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 75 CLEARANCES Initial Date Date Received in Council Of flee Agenda Date Assigned to: Originator- 1/22/2008 1/29/08 Planning Committe Division Head: 2/26/2008 P & D Dept. Head: 4/22/2008 P & D Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Report from PDS regarding Long Range Planning Work Plan ATTACHMENTS: SEPA review required? ( ) Yes ( ) 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.) Report from Planning and Development Services Director David Stalheim regarding the status of preparing a Long Range Planning Division Work Plan COMMITTEE ACTION: COUNCIL ACTION. 1/29/2008: Discussed. Hold in committee for one month, to the last meeting in February. 2/26/2008: Held in committee for two or four weeks 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. 157 �e,om co WHATCOM COUNTY Pete Kremen EXECUTIVE'S OFFICE _ County Executive County Courthouse �y r o 311 Grand Avenue, Suite #108 7s1N�i IN Bellingham, WA 98225-4082 TO: Honorable Whatcom County Council Members FROM: County Executive, Pete Kremen SUBJECT: Long Range Planning DATE: March 31, 2008 I am pleased to submit to you for review and comment the proposed priorities and plan for addressing Whatcom County's growth management program. 1, along with you, want to move forward in addressing the growth and development issues that face Whatcom County. We are fortunate to have a new director and staff that have begun to analyze the demand for work and the priorities needed to meet our obligations. -fhe Administration looks forward to working with the Council in this effort. It is vital that we first meet our legal obligations in our planning program. As you know, Whatcom County has been found to be non -compliant with the Growth Management Act. While we need to address our current issues of non-compliance (UGA review and LAMIRDs), we cannot ignore our upcoming obligations. Thus, my priorities for the long range planning program are as follows: 1. Complete the review and adoption of Limited Areas of More Intense Rural Development (LAMIRD). 2. Continue the process of Urban Growth Area Review and Updates as outlined in Resolution 2008-007 and as needed to provide the framework for review and update of the comprehensive plan and development regulations. 3. Immediately begin the process of review and update of the comprehensive plan and development regulations to meet the December 2011 deadline required by the Growth Management Act. Many of the planning issues that Whatcom County struggles with require the county to work together with other units of government. Cooperation and agreement amongst various units of government, along with effective and continuous citizen participation, are essential ingredients to implementing a vision for the county, It is impossible for Whatcom County to do this alone. Issues such as urban growth boundaries, water quality and quantity, economic development, transportation, and public facilities and services require regional discussion and solutions. As such, I propose to develop a regional planning framework for other units of government to address these issues. I have asked the Planning and Development -1- Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555 158 Services Department to prepare a proposal and alternatives for a regional planning forum as follows: 1. A regional council should be formed that is composed of elected officials from Whatcom County and the cities within. I would also like to extend the invitation to participate in this forum to the Lummi and Nooksack Nations. Consideration for how other units of government might participate should also be considered. 2. The initial mission of the regional forum should be on two topics: a. Review and update of the county's vision document. This document should serve as a guide to the GMA review and update required by 2011, and serve as a framework for regional cooperation. b. Review and update of the county -wide planning policies. This document serves as the framework for adoption of the comprehensive plan and development regulations of the county and cities within. This will be our opportunity to address regional issues and expectations for growth and development. 3. Consideration for how to involve citizens in a meaningful way in this process will be essential to achieving a desired outcome. The Whatcom Legacy Project is one forum for the public to participate in developing this vision for the county; other opportunities for public involvement should also be explored. I have asked staff to begin the process of developing proposals for how to involve citizens through the Growth Management update process. In order to accomplish the above tasks, Planning and Development Services staff will assign existing staff to meet these expectations. Realizing that some of these issues require immediate attention and might benefit from outside resources, I am authorizing the Planning and Development Services Department to transfer money from unspent professional services and salaries to contract for services to address LAMIRDs and to initiate the 2011 GMA review and update process. Some of this work may require future commitments in 2009. 2008 LAMIRD 50,000 GMA Visioning Introduction 50,000 GMA UGAILand Supply & Population Analysis 50,000 EIS Scoping for 2011 GMA Update 50,000 TOTAL $ 200,000 Finally, I would like to address the issue of staffing levels, funding, and the remaining priorities of the long range work program. We cannot meet all of the expectations identified in the list of proposed planning projects with available resources As such, the following guidelines should be used in determining which tasks should be accomplished. -2- 159 1. Withhold action on those tasks that should be addressed through the Growth Management review and update process. Focus our effort on a comprehensive review and update, rather than a piecemeal or incremental approach to planning. 2. Ensure that we allocate resources to programs that are required or commitments already made. 3. Address projects that demonstrate greater public benefit demonstrated by the project's ability to provide for economic opportunities for living wages, provides public facilities and services in an efficient manner, conserves resources and protects environmental quality. Over the past several years, both the Council and I have made a strong commitment to increasing staff within the Planning and Development Services Department. In the past five years, the department has increased by over 25 staff. In 2007, we added two additional staff to address long range planning issues. The Administration also transferred an additional three staff members from other functions in the department to long range planning, effectively increasing the staff from six to eleven assigned to long range planning from two years ago, nearly a 100% increase. Year 12003 12004 12005 1 *2006 *2007 1 *2008 FTE 149.35 157.00 169.60 172.60 175.60 174.60 'budget At the same time as we have increased staff, we have also seen revenue from permit fees not meet expectations. In 2007, Planning and Development Services Department revenue fell short of expectations by over $1.7 million. While expenditures were also below target, the deficit and impact to the general fund was over $1 million. Current revenues and permit trends in 2008 indicate that we will continue to miss our revenue projections for 2008 as well. 2007 Revenue (below target) (1,738,495) Expenditures (below authorization) 543,980 (1,194,515) Based on the priorities identified above and unspent professional services and salary funds in the Planning and Development Services Department budget, I am authorizing the Planning and Development Services Department to transfer other unspent funds to contract for services as outlined below. 2008 Completion of Foothills Plan EIS 40,000 Cluster Design for Agricultural Lands 20,000 Shoreline Master Program Implementation 10,000 Other Council Priorities to be determined 100,000 TOTAL $170,000 -3- 160 We have tentatively identified the following council ordinance amendment proposals for the category of "Other Council Priorities": • Parks and Recreation Plan — integration into GMA plan and concu rrency/i m pact fee ordinance • Rural Forestry Lot Cluster Ordinance — review of interim moratorium and adoption of final ordinance • Low Impact Development Ordinance — review of existing work and development of code amendments. • Pipeline Safety Ordinance — review of proposed ordinance and adoption of final ordinance., It is important that the Administration and Council be mindful of our budget obligations by first ensuring that we meet current legal obligations in our planning program, and then carefully prioritizing the work that we believe will benefit the citizens of Whatcom County. I welcome the Council's review and comment on the priorities I have identified herein. I have attached additional information regarding this proposal for your review and consideration. The additional information will confirm the tasks that the Administration intends to accomplish with existing staff, our approach to some of these tasks, and what tasks would be left on a "to do" list that will be accomplished if time allows. I look forward to working with the Council on this program. Please notify our office and our Planning Director, David Stalheim, when the Council intends to further discuss these recommendations. /PK -4- 161 Draft Long Range Work Program March 31, 2008 The following long range work program is based on the directives of the County Executive as outlined in his communication to the Whatcom County Council. ASSUMPTIONS • Existing staff levels for long range planning include: 0 8 long range planning staff, plus 2 GIS staff, temporary help and one supervisor 0 1 long range natural resource staff not otherwise assigned to watershed implementation efforts not included in this plan 0 1 '/2 special projects staff 0 1 additional permitting staff through assignment of duties o TOTAL FTE: 11.5 • Work Program does NOT address water resource projects that will be prioritized through County Water Resource Integration Project (CWRIP) • Work Program assumes that each FTE has available approximately 1200 hours per year • Consultant funds can be allocated in 2008 from existing budget authority, but additional budget requests for future years must be submitted and approved. LEGAL MANDATES The following projects are either court or hearings board orders directing compliance with planning statutes or statutory requirements that must be met. 1. Limited Areas of More Intense Rural Development. Whatcom County was found out of compliance by the Growth Management Hearings Board with respect to land uses allowed in rural areas (05-2-0013; Futurewise v. Whatcom County and Intervenors Gold Star Resorts, Inc.; Final Decision and Order; WWGMBB (September 20, 2005)). Please see RCW 36.70A.070(Q for legislative requirements to meet this standard. The following approach is proposed: • Complete GIS analysis of development patterns prior to 1991 as required by statute. Review Futurewise proposal for LAMIRDs. • Undertake public involvement strategy to obtain input on rural character and how to meet requirements. • Prepare alternative strategies to comply with provision, considering timing of the 2011 GMA update and need for county to be found compliant with GMA. • Staffing: Dedicate 1 FTE to effort. Hire consultant to review existing rural element and Hearings Board order to determine strategies to address requirement. 162 Long Range Planning Work Program, 2008 — 2011 Draft March 31, 2008 • Timeline: Initial staff work to be accomplished by spring 2008; initial public involvement and input to be accomplished by fall 2008; report to Planning Commission and Council on options for implementation by end of 2008. 2. Urban Growth Area Review and Update. Whatcom County is required to review "its designated urban growth area or areas, and the densities permitted within both the incorporated and unincorporated portions of each urban growth area." (RCW 36.70A.130(3)) Whatcom County was found out of compliance with this requirement by the Growth Management Hearings Board (07-2-0009: Robert Wiesen v. Whatcom County, Order on Petitioner's Motion, WWGMHB (August 27, 2007)). Whatcom County completed the review, as required, on February 12, 2008. Resolution 2008-007 confirmed completion of the urban growth area review, but the resolution confirming completion also directed that the county undertake a review and update of the Blaine Urban Growth Area by the end of 2009. The action by Whatcom County has been challenged to the Growth Management Hearings Board. The following approach is proposed: • Coordinate review with visioning and county -wide planning policies to ensure consistency and compliance. Address regional population forecasts and allocation through regional effort. • In conjunction with cities, evaluate existing land supply and land use designations. • Develop and implement a process for monitoring land supply county -wide to track development in UGAs and identify need for possible adjustments to UGA boundaries and land use designations. • Staffing: Allocate approximately 3/4 FTE to effort. Hire consultant to facilitate visioning and regional policy discussion, EIS analysis and alternatives, population forecasts and land supply methodology. • Timeline: o Begin process to develop regional forum with cities and tribes by summer of 2008. o Complete population forecast and allocation alternatives by end of 2008 o Complete land supply methodology with cities by end of 2008. o Complete regional planning policies, land supply analysis in 2009. o Amend urban growth areas and adopt interim development regulations to protect areas outside UGAs by the end of 2009. 3. 2011 Growth Management Review and Update. The Growth Management Act requires that "each comprehensive land use plan and development regulations shall be subject to continuing review and evaluation by the county or city that adopted them. Except as otherwise provided, a county or city shall take legislative action to review and, if needed, revise its comprehensive land use plan and development regulations to ensure the plan and regulations comply with the requirements of this chapter." (RCW 36.70A.130(1)) -2- 163 Long Range Planning Work Program, 2008 — 2011 Draft March 31.2008 The Growth Management Act required that Whatcom County take action to review and, if needed, revise the comprehensive plan and development regulations by December 1, 2004, and every seven years thereafter. (RCW 36.70A.130(4)) Whatcom County completed its first comprehensive plan under the Growth Management Act requirements in 1997. The first review that While Whatcom County completed occurred in January 2005. However, the Growth Management Hearings Board found that the county failed to meet the requirements for LAMIRDs discussed earlier in this document. The next date for periodic review is December 2011. Whatcom County should take this opportunity of review and update of the comprehensive plan as a significant challenge to ensure that the present system for planning is not ad hoc, disjointed, and lacks a central vision. The first plan under Growth Management was adopted in 1997. Most comprehensive plans have a useful life of ten (10) years, meaning that a significant review of the plan and development regulations would be timely. The following general approach to this effort is proposed: • Work with cities, tribes and other governmental entities to review and update a regional vision, strategy and county -wide planning policies. A regional council or forum composed of elected officials is proposed to direct this effort. • Develop and adopt a public participation strategy, and implement the strategy. • Review and update county visioning document. • Undertake a phased SEPA analysis that begins with evaluation of different regional growth alternatives, and then proceeds to more specific review of proposed plan and development regulations. • Coordinate and integrate the effort with the Urban Growth Area (UGA) review and update process. • Review the county -wide planning policies and revise as necessary to guide preparation of the county and city comprehensive plan updates. • Complete review of county comprehensive plan and revise as necessary. • Complete review of sub -area plans and revise as necessary to ensure consistency with county -wide planning policies and county comprehensive plan. • Complete review of development regulations and revise as necessary to implement any changes identified in the comprehensive plan review and revision. • Staffing: Staffing for this effort is approximately 1 %z FTEs, increasing to 6 FTEs later in 2009 through 2011. Hire consultant to undertake visioning process, EIS alternatives, public participation and UGA review. • Timeline: o Invite cities and tribes to participate in regional forum process by summer 2008; establish regional process in summer 2008 and begin implementation of work program. o Develop and adopt public participation strategy for 2011 update process by fall 2008. -3- 164 Long Range Planning Work Program, 2008 —2011 Draft March 31.2008 o Begin public outreach, EIS scoping and alternatives in fall 2008 through the end of the year. Reach interim conclusions by year end, including alternatives and early public input. o Complete EIS alternatives analysis, county visioning, county -wide planning policies, population forecasts, land supply analysis in 2009. o Begin review of county comprehensive plan, sub -area plans and development regulations in 2010 and complete review and update as necessary by end of 2011. -4- 165 Long Range Planning Work Program, 2008 — 2011 Draft ON -GOING PLANNING PROGRAM March 31, 2008 The following planning programs are on a continuing basis and are supported in this work program: 1. Purchase of Development Rights/Transfer of Development Rights, Administer County's PDR and TDR Program, including staffing PDR Committee; grant writing/administration; real estate negotiation. Coordination and development of county TDR program. - Staffing: 1 FTE 2. Open Space Program. Administer County's current use taxation system. Current issues indicates that a review of the Public Benefit Rating System should be considered as a priority in 2008 or early 2009. - Staffing: '/z FTE 3. Capital Facilities Plan. Update the County's Six -Year Capital Improvement Program on a biennial basis. - Staffing: 120 hours every 2 years PLANNING PROJECTS The following projects are not necessarily part of the 2011 GMA review and update process, nor part of the legal mandates. These are projects that can be accomplished with existing staff resources and/or additional consultant funding as indicated. This list includes items that have been docketed by the Whatcom County Council (Resolution 2008-014), plus other efforts. Some of the projects might include both a planning and a code amendment. Bellingham Subarea Plan. Docket #2007-A. - Submit Planning Commission recommendations to City of Bellingham for consistency review. - Review responses of city and develop work plan in response. - Implement changes to zoning ordinance to implement urban growth area decision. See interim ordinance 2008-010. - Work towards new Interlocal Agreement regarding coordinated planning and annexation. - Staffing: The initial effort of submitting plan and making ordinance amendments is less than 100 hours of work. The Interlocal Agreement will be negotiated by management. - Timeline: The Planning Commission recommendations will be submitted for review by the city in April. After 60 days, the County will review the responses and work with Executive and Council to determine direction. The Interlocal Agreement discussions will begin immediately, with work to be completed by summer of 2008. -5- 166 Long Range Planning Work Program, 2008 — 2011 Draft March 31, 2008 2. Foothills Subarea Plan and EIS. Docket #2007-C. Adopt new Foothills Subarea Plan and make related modifications to the Whatcom County Comprehensive Plan and zoning ordinance. Includes preparation of a Supplemental Environmental Impact Statement. - Staffing: % FTE through 2008 - Timeline: Supplemental EIS is being drafted. A Draft EIS is anticipated to be released in summer 2008, with public hearings to follow. 3. Parks Amendment. Docket #2007-E. - Provide assistance to Parks and Recreation Department in adoption of the Parks, Recreation and Open Space Plan based on the process and procedures outlined by the Washington State Recreation and Conservation Commission. - Update Comprehensive Plan for consistency with the Parks, Recreation, and Open Space Plan. - Develop new code chapter establishing procedures for calculation and collection of park facility impact fees. - Staffing: "First task minimal staff time; second and third tasks proposed for consultant. PDS staff not allocated except to support consultant and Parks staff. - Timeline: Parks Department intends to bring forth first task in spring 2008. Second and third tasks can begin if consultant funds authorized. Work could be mostly accomplished in 2008. 4. Transportation Concurrence. Docket #2007-F - Develop policies for transportation concurrency management program and update Comp Plan Transportation Chapter. - Replace current interim ordinance with new Code requirements for development review to ensure adequate facilities. See jnterim ordinance 2008-006. - Develop new code chapter for establishing procedures for calculation and collection of transportation impact fees. - Staffing: PDS staff 1/4 FTE - Timeline: Consultant will deliver final report spring 2008. Public hearings will be scheduled for summer to fall 2008. 5. School Concurrence. Docket #2007-F - Review School District capital facility plans and adopt by reference, including level of service for various school districts. Amend school impact fee ordinance 2007-067) to develop concurrency requirements. Develop interlocal agreements for the collection of impact fees. Staffing: PDS Staff 1/81h FTE Timeline: Review of School Capital Facility Plans and Interlocal Agreements to occur summer to fall 2008. -6- 167 Long Range Planning. Work Program, 2008 — 2011 Draft March 31, 2008 6. Comprehensive Agricultural Program_ Update. Docket #2007-G. There are several components to this item: - Support the efforts of the Agricultural Technical Review Committee. Their purpose is to provide technical advice to the Agricultural land program; suggest and explore density transfer tools; build on the Agricultural Advisory Committee's Agricultural Land Study; incorporate the PDR program into the protection toolbox. Add cluster requirements for agricultural and rural lands. Require deed restrictions and other measures to ensure that reserve tracts and remainder parcels function as intended. Consider transfer of development rights and other innovative agriculture protection methods. Evaluate various methods for agricultural protection, e.g. appropriateness of converting rural designations to Ag; cluster options; TDR, etc. - Support the efforts of the Agricultural Advisory Committee. The committee's current goals include implementation of the Rural Land Study and review of the Purchase of Development Rights program. Determine if it is appropriate to enlarge the Agricultural Comprehensive Plan and zoning designations by converting Rural designations to Agriculture designations. THIS ITEM IS RECOMMENDED TO BE INCLUDED IN THE REVIEW AND UPDATE OF THE COMPREHENSIVE PLAN AND/OR THE RECOMMENDATIONS OF THE AGRICULTURAL TECHNICAL REVIEW COMMITTEE. - Amend Comprehensive Plan Map 19 and WCC 20.38 to add Whatcom-Labounty soils to the list of Agricultural Protection Overlay soils. THIS ITEM IS RECOMMENDED TO BE INCLUDED IN THE REVIEW AND UPDATE OF THE COMPREHENSIVE PLAN AND/OR THE RECOMMENDATIONS OF THE AGRICULTURAL TECHNICAL REVIEW COMMITTEE AND/OR THE AGRICULTURAL ADVISORY COMMITTEE. - Ag Tourism. Amend 20.40.250 to provide definitions, permitting criteria, and types of AG tourism operations allowed as a CUP in the AG zone. MIGHT NOT BE PRIORITIZED IN 2008. - Boundary Line Adjustments in Ag. Zone. Amend 20.40.250 to allow boundary line adjustments to parcels in the AG zone for the purpose of overcoming difficulties created by rivers and streams in accessing the entire parcel for farming purposes. AMENDMENT PROPOSED BY STAFF — REVIEW WITH AGRICULTURAL ADVISORY COMMITTEE AND TECHNICAL REVIEW COMMITTEE. 7. Fire Protection and Emergency Services. Docket #2007-0. Birch Bay Fire District requested amendment which requires review. - Amend the text of the Whatcom County Comprehensive Plan and Birch Bay Community Plan to correct inaccuracies with regard to the ability of Fire District 21 to provide urban levels of fire protection and emergency service to the Birch Bay Urban Growth Area. - New code chapter establishing development review procedures ensuring that adequate fire protection service is available or provided concurrent with development - Staffin : Initial assessment indicates approximately 240 hours staff time. - Timeline: To be determined in 2008. -7- 168 Long Range Planning Work Program, 2008 — 2011 Draft March 31, 2008 8. Cherry Point Pier Policy. Docket #2007-P. Delete Comprehensive Plan Policy 2BB-7, which is to "Work with other agencies and industrial owners at Cherry Point to add additional docks, as necessary that can also serve upland users, provided that the use is consistent with sound environmental practices." - Requires coordination with Cherry Point Aquatic Resource Management Plan. - Staffing: This task does not assume a significant amount of time provided that public review and comment do not bring up unforeseen issues. - Timeline: To be determined in 2008 9. Lake Whatcom Amendments. - Docket #2007-Q. Amend the text of the Comprehensive Plan to recognize Lake Whatcom as the drinking water source for approximately half of Whatcom County, to recognize that the State has listed Lake Whatcom as an impaired water body, identify the causes of pollution, address the role of forestry in the watershed and make other text changes relating to Lake Whatcom. Modify Comprehensive Plan Goal 2PP to prioritize the Lake Whatcom area as an area to minimize development, repair stormwater problems, and ensure forestry practices do not negatively impact water quality. - Respond to moratorium on land divisions (Ord. 2008-014) pending release and review of TMDL study. Provide zoning and development data to Council Planning and Policy Analyst who is reviewing potential changes to land use designations in watershed. Major land use amendments are not included in this work plan and should be included in the 2011 GMA review and update process. - Zoning Docket #2006-00013. 3 items. - Staffing: Minor work for policy amendments; Council staff reviewing moratorium response with PDS staff providing data. - Timeline: Spring to summer 2008 for PDS responsibility; Council staff must respond to other issue. 10. Lummi Island Subarea Plan Update. Docket #2008-B. Complete work on the Lummi Island Subarea Plan update following completion of groundwater study and SEPA determination. - Amend the plan to reflect the current information in the Groundwater study - Amend critical areas ordinance to address aquifer recharge. - Eliminate different density provisions in RR -I district. Amend the RR -I District Zoning Regulations (WCC 20.34.251-253) to eliminate provisions of the code authorizing different density provisions within and outside of groundwater aquifer recharge areas, including elimination of the density transfer provisions contained in the WCC 20.34.251 (3) and WCC 20.34.330. (Docket #ZON2007-00013 — Weimer) - Staffing: '/a FTE assigned to Special Projects (Middleton). - Timeline: Work to be accomplished in 2008 11. Sudden Valley UGA Text Removal. Docket #2008-F. Delete or modify goals, policies and text in the Whatcom County Comprehensive Plan to recognize that Sudden Valley is no longer an Urban Growth Area. - Staffing: 50 hours time - Timeline: 2008 Amendment 12. Commute Trip Reduction. Implement CTR Program goals and policies in the CTR Plan; will likely include future zoning and Comp Plan text amendments. Develop new plan document -8- 169 Long Range Planning Work Program, 2008 — 2011 Draft March 31, 2008 describing how County will comply with State Commute Trip Reduction Act (to reduce drive alone trips & vehicle miles traveled over next 4 years). - Staffing: 80 hours - Timeline: 2008 INTERIM CODE AMENDMENT PROJECTS 1. Rural Forestry Lot clustering ordinance. Interim Ord. 2007-064 - Ordinance removing the lot clustering provision from Whatcom County Code 20.42, Rural Forestry District Staffing: Depends on whether council and community want to consider alternatives, or if they wish to continue with prohibition. If alternatives are desired, then it is recommended that we use of consultant to review and prepare recommendations. Coordinate with Agricultural Cluster ordinance review. Assign staff to review and propose permanent change. - Timeline: Could depend on whether consultant resources are assigned and whether council wishes to consider alternatives to prohibition. If no alternatives, then could move directly to prohibition. 2. Water Resource Protection Overlay. (Docket ZON2007-00016 and Interim Ord. 2008-011) - Amend Title 20 to add Lake Padden watershed to Water Resource Protection Overlay District (20.71), Special Stormwater District (20.80.635) and Water Resource Special Management Area (20.80.735) - Adopt maps as part of ordinance. 3. Size of large commercial retail establishments. Ord. #2008-013. - Limiting the size of retail establishments in the county. - Can incorporate into code scrub. 4. UR and URM Zoning Districts. Ord. 2008-010. - See description of Bellingham Subarea Plan in Planning Projects section and in Code Amendment projects 5. Concurrency Ordinance. Interim Ord. 2008-006. See description under Transportation Currency in Planning Projects section and Concurrency Ordinance under Code Amendment Projects. 6. Interim Moratorium on Land Divisions in Lake Whatcom Watershed. Interim Ord. 2008-014 - See description on Lake Whatcom amendments in Planning Projects section -9- 170 Long Range Planning Work Program, 2008 — 2011 Draft CODE AMENDMENT PROJECTS March 31, 2008 1. Shoreline Master Program. Ordinance 2007-017 - Review WDOE comments on proposed shoreline master program. - Implement training for staff after adoption. - Staffing: Minor staff time. Assigned to Natural Resources. - Timeline: Depends on WDOE action 2. Code Scrub. - Amendments to Title 21 and 20 to address conflicting issues, interpretation issues and conflicts. Staff is developing prioritized list and may proceed in batches. - Staffing: Assigned to Special Projects (not using consultant as originally proposed in ASR) - Timeline: Project underway. Working on land division amendments first. Zoning amendments will be prioritized 3. Pipeline Safety Amendment. Docket #ZON2007-00014 - Add new section to WCC20 to provide for greater safety near high pressure transmission pipelines; add new requirement to SEPA checklist. - Staffing: Minor to moderate level project (160 — 500 hours). Requires coordination with emergency response providers. Recommend use of consultant to review and prepare recommendations. - Timeline: Depends on whether consultant resources are assigned. Otherwise, might not be able to proceed until 2009. Needs to be assigned to staff person. 4. Wildlife Rescue/Rehabilitation Facilities. Docket #ZON2007-00011 - Amend WCC 20.40.051 to include language to allow for the operation of wildlife animal rescue/rehabilitation facilities in AG zone. - Staffing: Minor project (less than 160 hours) - Timeline: Needs to be assigned to staff person 5. Garages in Front Yards. Docket #ZON2007-00016. - Amend WCC 20.80.640 by adding text that would encourage driveways for rear yard garages and/or side loaded garages to prevent garage dominated streetscapes. Create WCC 20.80.641 that would provide variances to lot area and width requirements for "Rear Lane Based Subdivisions." - Staffing: Minor project (less than 160 hours) - Timeline: Needs to be assigned to staff person 6. Change to Home Occupation Definition. Docket #2007-00012 Amend wording of WCC 20.97.180 "Home Occupation" to permit home occupations in unattached allowed accessory structures such as garages, studios, workshops, sheds, etc Staffing: Minor project (less than 160 hours) Timeline: Needs to be assigned to staff person 7. Off -site Wetland Mitigation. Private Amendment (fees paid) Amend the zoning code to allow offsite wetland mitigation and habitat restoration as a form of compensatory mitigation for wetland and habitat conservation area impacts when permitted in accordance with the provisions of the Critical Areas Ordinance (WCC 16.16) Long Range Planning Work Program, 2008 — 2011 Draft March 31, 2008 - Staffing: Could be significant project due to scope of amendment. Requires review "and SEPA analysis first. - Timeline: Needs to be assigned to staff person 8. Review Comprehensive Plan and Zoning Docketing Procedures. - Review procedures for docketing amendments during the process for updating the Comprehensive Plan - Staffing: Minor project (less than 160 hours) - Timeline: Director will present discussion and options for review prior to zoning docket. Needs to be assigned to staff person 9. Low Impact Development. - Address low impact development standards for watersheds and other parts of the county. Work has already been accomplished. Consultant would help facilitate drafting of interim ordinance and public involvement. - Staffing: Major project. Assigned to Natural Resources Staff. Suggest assignment of consultant resources - Timeline: Depends on whether consultant resources are assigned. 10. Review and Amendment of LTR, URM and URMX Zoning Districts Related to Density and Lot Clustering. - Review lot clustering and water/sewer provisions to ensure that areas are held in reserve and do not promote low -density development. See Ordinance 2007-048. - Review of density provisions in URMX zoning districts as approved in Ord. 2008- 003. - Staffing: Assigned to Special Projects (Martin) - Timeline: 2008 11. Forest Practice Conversions. - Assume jurisdiction of Class IV Forest Practice permits as required by state statute (Substitute House Bill 1409). May not be eligible due to Whatcom County's non- compliance with GMA. - Review community forestry potential as part of potential amendments. - Integrate into amendments of Title 20 and critical areas ordinance for land clearing standards. - Staffing: Assigned to Natural Resources staff - Timeline: Legislation requires compliance by end of 2008 12. Concurrency and Impact Fee Ordinance - Review and amend concurrency ordinance requirement for transportation, schools, parks, fire and other public facilities and services; needs to be based on adopted level of service standards set in comprehensive plan (see descriptions earlier) - Review and amend development impact fee ordinance for those facilities authorized under state law Staffing: Major effort with impact fee ordinance Timeline: Phased approach might be pursued with transportation issues first; framework set for later amendment of ordinance Long Range Planning Work Program, 2008 — 2011 Draft SPECIAL PROJECTS March 31, 2008 The following activities are studies or efforts that may or may not lead to plan or code amendments. I. Cherry Point Aquatic Resources Management Plan. Develop an integrated aquatic resources management plan for Cherry Point, with potential for future amendment to the Shoreline Master Program. - Staffing: 120 hours in 2008 (Roland Middleton) 2. Whatcom County Legacy Plan. Support effort as outlined in contract and provide information and resources if outlined in public participation strategy. Staffing: Director; GIS and Natural Resource Staff review of biodiversity map (40 hours) 3. County -wide Housing Affordability Task Force (CHAT). Provide staff support to CHAT in its mission to develop and present action strategies and programs to address anticipated need for 11,000 affordable housing units by 2022. Follow up implementation by providing new regulations and incentives to support affordable housing strategies. - Staffing: 190 hours through CHAT. 1/4 FTE for implementation efforts. 4. 2010 Olympics Preliminary Research. Conduct initial scoping and research that may become part of a strategic plan that prepares Whatcom County for potential community opportunities and impacts that may result from 2010 Winter Olympics. Staffing: Initial effort scoped at just 50 hours. Depending on research, additional work might be needed to address issues. 5. Foothills Plan Implementation. Implementation of tasks in Foothills Plan. - Staffing: 150 hours per year beginning in 2009 through 2011. -12- 173 Long Range Planning Work Program, 2008 — 2011 Draft WORK ITEMS NOT PROGRAMMED AT CURRENT TIME March 31, 2008 The following table reflects projects that are not included in the work program and have not been assigned to staff due to available resources and priorities. The list is NOT in priority order, but the Council may choose to prioritize and as time becomes available, tasks can be added to the work program. n _ -- Docketed but no follow-up; Initiated by Dan McShane, RR2, R2A to R5A downzone will be evaluated as part of Futurewise case pending available staff Toad Lake Area Rezone resources. Birch Bay Steering Committee. This subject may have already been addressed in the Birch Bay Design guidelines, however those guidelines Birch Bay Tree Preservation haven't been implemented, URMX Amendments Proposed by Troy Holbrook. "Drive -up" coffee shop amendment in the URMX. Proposed amendment is to repeal existing Birch Bay Provisional zoning. Rationale: Criteria for implementation is too complex and will act to Birch Bay Provisional Zoning discourage increased density in both residential and commercial uses. Community Impact Amend Zoning Code to require cost -benefit analysis for any proposed Assessment commercial development in excess of 80,000 s.f. Suggested by Dave Pros, not paid for. Add new chapter 12 to the Comp Plan entitled "Government Service Element." Add a goal in the Comp Plan that states "LOS standards must be adhered to Level of Service and cannot be diminished by increases in population." Proposed amendment is to modify text of WCC 20.80.734 General Review Thresholds: proposed amendment is to require County Review for clearing Pt. Roberts Clearing activity that exceeds 5000 square feet. Thresholds Integrate into code scrub? Proposed by Troy Holbrook: WCC 20.64 Resort Commercial: Proposed amendment is to eliminate the requirement for 1600 square feet of property for Resort Commercial each for sleeping unit. Rationale: existing code discourages economic Amendments development in the RC zone district. Transportation review of major development projects and administration of transportation concurrency and impact fee programs. IT IS ASSUMED THAT THIS WILL BE A FUNCTION OF THE DEVELOPMENT AND TRAFFIC Transportation Planning REVIEW SECTION OF PUBLIC WORKS. Develop new plan document describing how County will comply with State Commute Trip Reduction Act (to reduce drive alone trips & vehicle miles traveled over next 4 years). IT IS ASSUMED THAT THIS WILL BE A Commute Trip Reduction Plan FUNCTION OF ANOTHER PART OF WHATCOM COUNTY. Update the water use plan for community water supplies that would ensure coordination with other associated County planning efforts. IT IS ASSUMED Coordinated Water System THAT THIS TASK IS ASSIGNED TO OTHER DEPARTMENTS OF THE Plan COUNTY. Coordinated Water System Plan: Review changes/expansions of water district boundaries per Updated Whatcom County Coordinated Water System Plan, RCW 70.116/WAC 246-290. IT IS ASSUMED THAT THIS TASK IS Review Water System Plans ASSIGNED TO OTHER DEPARTMENTS OF THE COUNTY. Applicant Mark Aho requests that the definition of "5 acres" be defined, be interpreted consistently, and be applied to ADU discretionary permit approval Accessory Dwellings in Rural criteria per WCC 20, and land division regulations per WCC 21 in the same Zone way. -13- 174 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-168 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. lizaberhK.Olsen Elizabeth O 3 l D Il U �, D APP 0 1 2008 4/8/08 Introduction Division Head. Linda Peterson 3.�'� 4/22/08 P&D/Counci.l Dept Head: l,�f David Stalheim HATCOM COUNTY Prosecutor: o- 3 —� � n Royce Buckingham _ D COUNCIL Purchasing/Budget: Executive: pq Peter Kremen TITLE OF DOCUMENT. A Resolution Adopting Recommendations For Open Space/Open Space and Open Space Timber Applications. ATTACHMENTS: Draft Resolution Agency Report with attached Staff Report, ratings sheets and heaps Excer is rom Planning Commission Minutes, January 10, 2003 SEPA review required? ( ) Yes ( X ) No Should Clerk schedule a hearing? ( ) Yes ( X ) No SEPA review completed? ( ) Yes ( N/A) No Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. The Planning Commission has reviewed and recommended approval of nine applications for Open Space Timber. Subsequently, one (1) application for Open Space Timber that had received a recommendation of approval has been withdrawn by the applicant from further consideration. The Planning Commission has reviewed and recommended approval of two (2) applications for OPEN SPACE/ OPEN SPACE. * Distribution Request. Assessors Dept — Jean Eastman COMMITTEE ACTION. COUNCIL ACTION. 4/08/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution OS 2008-1 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. 175 OS 2008-1 Res. Page 1 RESOLUTION NO. SPONSORED BY. - PROPOSED BY. - INTRODUCTION DATE: Ayril8. 2008 A RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE/OPEN AND OPEN SPACE/TIMBER SPACE APPLICATIONS WHEREAS, The Planning Commission reviewed eleven (11) applications for Open Space and forwarded the recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC Section 197-11-800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from threshold determination .and environmental impact statement requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Sunday, December 30, 2007, and a copy of said notice was sent in a timely manner to all applicants; and WHEREAS, on Thursday, January 10, 2008, the Planning Commission opened the public hearing on the applications and received testimony from the Planning Division staff regarding the proposed Open Space/Open Space and Open Space Timber applications; and WHEREAS, Open Space/Open Space evaluations are based on the Public Benefit Rating System; and WHEREAS, Open Space Timber is evaluated upon conformance with RCW 84.34.041; and WHEREAS, the Planning Commission recommended approval of the Open Space/Open Space application for the Dan and Jeffie Pike property with a public access requirement; and WHEREAS, the Planning Commission recommended approval of the Open Space/Open Space application for the Stephen George property with no public access due to the anadromous fish habitat in Power Creek; and WHEREAS, the Planning Commission recommended approval of the Open Space/Timber applications for: 176 OS 2008-1 Res. Page 2 New applications into Open Space Timber from Maryse and Terradan Sagewynd, Dan and Jeffie Pike, Eric Amsberry, and Eugene and Ernestine Ketchum; Transfers from Designated Forestry to Open Space Timber for: Congregation Beth Israel, and Amy Jamieson; An updated Timber Management Plan for continuance of Open Space Timber for Brian Berg; Transfer from Open Space Agriculture to Open Space Timber from the Gardiner/Whittaker Trust; and WHEREAS, the Planning Commission forwarded its recommendation to the Whatcom County Council; and WHEREAS, as of February 22, 2008 William Baader has withdrawn his Open Space Timber application; and WHEREAS, County Council held a public meeting on April 22, 2008, to consider the Planning Commission's recommendations, and WHEREAS, County Council adopted the Planning Commission's recommendations on April 22, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE WHATCOM COUNTY COUNCIL: 1. The Whatcom County Council recommends approval of the Open Space/Open Space application for the Dan and Jeffie Pike property with a public access requirement; and 2. The Whatcom County Council recommends approval of the Open Space/Open Space application for the Stephen George property with no public access. 3. The Whatcom County Council recommends approval of the Open Space/Timber applications for: Maryse and Terradan Sagewynd, Dan and Jeffie Pike, Eric Amsberry, and Eugene and Ernestine Ketchum. Transfers from Designated Forestry to Open Space Timber for Congregation Beth Israel, and Amy Jamieson; An updated Timber Management Plan for Continuance of Open Space Timber for Brian Berg; Transfer from Open Space Farm and Agriculture to OST for the Gardiner/Whittaker Trust. 4. The Whatcom County Council directs the Assessor to place the parcels in the appropriate Open Space status category. 5. Adjudication of invalidity of any of the sections, clauses or provisions of this Resolution shall not affect or impair the validity of the Resolution as a whole or any part thereof other than the part so declared to be invalid. 177 OS 2008-1 Res. Page 3 Resolution shall not affect or impair the validity of the Resolution as a whole or any part thereof other than the part so declared to be invalid. PASSED this day of , 2008. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Chairperson ( ) APPROVED ( ) VETOED ATTEST: - Dana Brown -Davis Clerk of the Council Pete Kremen, County Executive Approved as to form: Royc6"`4u ' gham Civil Deputy Prosecutor 178 AGENCY REPORT File Ref. OS 2008 - 1 WHATCOM COUNTY PLANNING DEPARTMENT AGENCY REPORT March 4, 2008 Paae 1 PLANNING COMMISSION RESOLUTION IN THE ) FINDINGS, MATTER OF RECOMMENDATIONS FOR THE YEAR ) REASONS 2007 OPEN SPACE/OPEN SPACE AND OPEN SPACE ) AND MOTIONS TIMBER APPLICATIONS WHEREAS, The Whatcom County Planning Commission received: one (1) new Open Space/Open Space (OSOS) application; one (1) Continuance application for OSOS; four (4) new applications to Open Space Timber (OST); one (1) Continuance of OST with an updated Timber Management Plan; two (2) Transfers from Designated Forest to Open Space Timber (OST); and two (2) Transfers from Open Space Farm and Agriculture (OSAG) to Open Space Timber, for review and recommendations pursuant to RCW 84.34; and WHEREAS, pursuant to WAC section 197-11-800(6)(c), matters relating to Open Space taxation are determined not to be major actions and are exempt from the threshold determination and environmental impact requirements of the State Environmental Policy Act; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on Sunday, December 30, 2007, and a copy of said notice was sent in a timely manner to all applicants; and WHEREAS, Open Space/Open Space applications are evaluated with the Whatcom County Public Benefit Rating System and the Open Space Timber applications are evaluated to be in conformance with RCW 83.34.041; and WHEREAS, on Thursday, January 10, 2008, the Planning Commission opened the public hearing on the applications and received testimony from the Long Range Planning Division staff regarding the proposed Open Space parcels; and WHEREAS, the Planning Commission concurs with the Planning Division's recommendations for: New application for Open Space/Open Space from: Dan and Jeffie Pike with Public Access and Rules of Conduct posted; New application for Open Space/Open Space from Stephen George with no Public Access allowed; 179 AGENCY REPORT File Ref. OS 2008 - 1 March 4, 2008 Pape 2 New applications for Open Space Timber from: Dan and Jeffie Pike, Maryse and Terradan Sagewynd, Eric Amsberry, and Eugene and Ernestine Ketchum; Transfers from Open Space Agriculture to Open Space Timber from William Baader, and the Gardner/Whittaker Trust; An updated Timber Management Plan for a Continuance for Open Space Timber from Brian Berg; Transfers from Designated Forest to Open Space Timber for Amy Jamieson, and for Congregation Beth Israel; and WHEREAS, the Planning Commission has concluded its hearings on -the current applications; and WHEREAS, as of February 22, 2008, William Baader has withdrawn his Open Space Timber application. NOW THEREFORE BE IT RESOLVED: FINDINGS OF FACT AND REASONS FOR ACTION 1. A quorum of Commission members was present during the hearings. 12. The statutory requirement was met regarding legal notice. 3. The Planning Commission recommends approval of applications for: New application for Open Space/Open Space from: Dan and Jeffie Pike with Public Access and Rules of Conduct posted; New application for Open Space/Open Space from Stephen George with no Public Access allowed; New applications for Open Space Timber from: Dan and Jeffie Pike, Maryse and Terradan Sagewynd, Eric Amsberry, and Eugene and Ernestine Ketchum; A transfer from Open Space Agriculture to Open Space Timber from the Gardner/Whittaker Trust; An updated Timber Management Plan for a Continuance for Open Space Timber from Brian Berg; Transfers from Designated Forest to Open Space Timber for Amy Jamieson, and for Congregation Beth Israel. AGENCY REPORT File Ref. OS 2008 - 1 March 4, 2008 Paqe 3 WHATCOM COUNTY PLANNING COMMISSION Ken Mann, Chairperson Date: January 10. 2008 David Stalheim, Secretary Commissioners present at January 10, 2007 Hearing: David Hunter, John Lesow, Ken Mann, Jean Melious, Ron Roosma, and John Steensma. Absent: John Belisle, Geoff Menzies, Rabel Burdge. Roll Call Vote: Ayes - 4, Nays - 1, Abstain: -1, Absent - 3. Attachment: Staff Report with Ratings, Aerial Photos, Timber Management Plans Prepared by: Elizabeth K. Olsen, Planner II 181 Staff Report File OS 2008 - 1 January 2, 2008 WHATCOM COUNTY PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT 2008 - OPEN SPACE APPLICATIONS: BATCH #1 OPEN SPACE/OPEN SPACE Dan and Jeffie Pike (OSP2007-00004) Open Space / Open Space, new application. Steve George (OSP2007-00015) Open Space / Open Space (Continuation of Open Space / Open Space through land sale). OPEN SPACE TIMBER Congregation Beth Israel (OSP2003-00001) Open Space Timber (Transfer from Designated Forest). Maryse and Terradan Sagewynd (OSP2006-000023) Open Space Timber, new application. Brian Berg (OSP2007-00002) Open Space Timber, Continuance with updated Timber Management Plan. Dan and Jeffie Pike (OSP2007-00004) Open Space Timber, new application. Amie Jamieson (OSP2007-00008) Open Space Timber (Transfer from Designated Forest) William Baader (OSP2007-00018) Open Space Timber (Transfer some acreage from Open Space Agriculture) Gardner/Whittaker Trust (OSP2007-00019) Open Space Timber, (Transfer From Open Space Agriculture). Eric Amsberry (OSP2007 00020) Open Space Timber, new application. Eugene/Ernestine Ketchum (OSP2007-21) Open Space Timber, new application. This report summarizes the Planning and Development Department's recommendations on the above Open Space applications. The Open Space Taxation Act (RCW 84.34) was enacted in 1970 for two primary reasons: to create a tax climate that was equitable to the open space landowner and to decrease the rate in which open space lands were being converted to non -rural uses. These were accomplished by providing property tax relief to land that qualifies within one of the four following open space classifications: OPEN SPACE AGRICULTURE, OPEN SPACE FARM AND AGRICULTURAL CONSERVATION, OPEN SPACE/OPEN SPACE and OPEN SPACE TIMBER. The Open Space Agriculture designation is administered by the County Assessor. The other applications are handled in the same manner as an amendment to the Comprehensive Plan. The Council decides on whether to grant the applicant assessment at Current Use Taxation ratings after receiving a recommendation from the Planning Commission. There are two applications for OPEN SPACE / OPEN SPACE, of which one is a new application and one is a Continuance. Of the nine OPEN SPACE TIMBER applications received, there are two transfer applications to OPEN SPACE TIMBER from Designated Forest, there are two transfer applications to OPEN SPACE TIMBER from Open Space Farm and Agriculture, there is one Continuance of OPEN SPACE TIMBER, and four new OPEN SPACE TIMBER applications. The recommendations for the Open Space/Open Space applications are based on the information evaluated in accordance with the adopted Whatcom County Public Benefit Rating System. Recommendations for the Open Space Timber applications are based on Timber Management Plan criteria. Staff evaluations and recommendations with maps and aerials showing location of each individual application are attached. 182 Staff Report REQUIREMENTS File OS 2008 - 1 January 2, 2008 For the OPEN SPACE/OPEN SPACE category, approval is contingent upon three conditions: (1) The applicant consents to a degree of public access to the site, to be specified in the formal signed agreement. Such access is to be commensurate with site characteristics and generally subject to users obtaining the owner's permission. (2) The applicant posts a sign indicating open space status and public access. (3) The applicant submits a "Hold Harmless Agreement" together with the formal signed agreement. If the subject property is subject to the Critical Areas Ordinance, additional criteria may apply. Only one of the two applications is subject to the Critical Areas Ordinance. Stephen George's OS/OS property has an active anadromous creek running through it, Power Creek, with cutthroat trout and coho salmon running. A recommendation of no Public Access signage is therefore requested. For the OPEN SPACE TIMBER category, approval is contingent upon conformance with RCW 84.34.041. This places an emphasis on approval or denial according to the completeness of the Timber Management Plan. The Timber Management Plans are rated by staff on how complete they are in seven (7) categories and may receive up to 2 points for each category. Approval is recommended for those properties receiving a score of 7 or more and denial is recommended for those properties receiving a score of less than 7. If a property receives a score of less than 7 points, the property owner has an option to update their Timber Management Plan. All Timber Management Plans must be approved or denied within 6 months of the receipt of a complete application. RECOMMENDATION For the two OPEN SPACE/OPEN SPACE applications received, staff recommends that the Planning Commission forward a recommendation of approval to the County Council for the following: 1) The applications from: Dan and Jeffie Pike, and Steve George. 2) A recommendation is requested for no public signage for the George property. For the nine OPEN SPACE TIMBER applications received, staff recommends that the Planning Commission forward a recommendation approval for the following applications: 1) New Open Space Timber (OST) applications for: Maryse and Terradan Sagewynd, Dan and Jeffie Pike, Eric Amsberry, and Eugene and Ernestine Ketchum. 2) Transfers from Designated Forest to OST for: Congregation Beth Israel, and Arnie Jamieson. 3) Transfer from Open Space Farm and Agriculture to OST for: William Baader, and the Gardner/Whittaker Trust. 4) Continuance of OST with an updated Timber Management Plan for Brian Berg. 183 Staff Report ATTACHMENTS Overall Location Map "A" Ratings for all applications with maps and aerials. File OS 2008 - 1 January 2, 2008 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 51 52 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 10, 2008 Call To Order: The meeting was called to order, by Whatcom County Planning Commission Chairperson, Ken Mann, in the Northwest Annex Conference Room at 6:30 p.m. Roll Call: Present: Ken Mann, Ron Roosma, David Hunter, John Steensma, John Lesow, Jean Melious Absent: Geoff Menzies, Rabel Burdge, John Belisle Staff Present: David Stalheim, Gary Davis, Elizabeth Olsen, Erin Osborn and Becky Boxx. Director's Dialog Stalheim: The County Council held a public hearing on the Bellingham Urban Fringe and is accepting comments through January 18, 2008. They will review the comments and then make a decision. There are several options they have. At your meeting in December you had an introduction to the Foothills Subarea Plan. We have made a decision to require a supplemental environmental impact statement (SETS). We are closing up the comment period for the SEIS. We have identified four different areas of study. Land use issues, transportation, water quality and public facilities and services. As we prepare the SEIS we will do some alternative analysis. There are some issues about the population projections that they aren't the same as what is in the countywide plan so one of the alternatives we will analyze is getting back to the 2022 population. We have contracted with a consultant to do a transportation analysis. We are starting to scope out the water quality component. We will probably go out for some additional help on that. The goal is to have this project completed and have you move forward with this in April. The department has been having some discussions about the Lummi Island Subarea Plan. Now that the groundwater study has been done there has been interest in working on the plan again. We will be doing a SEPA determination so it will be done when we start working on the plan. Last night the staff that works on watershed issues and WRIA had a public meeting regarding the Birch Bay Watershed Characterization report. The draft is on the County website if you would like to look at it. It is very interesting and timely work. We are accepting comments on the draft through the end of January. We will then finalize the report and then move into an action strategy. We are drafting a grant to the Environmental Protection Agency, in conjunction with the Puget Sound Partnership, to try and get some funds to do some implementation of the report. One of the things we want to try and do is to make sure that when we get done that it's integrated into watershed and land use plans. Regarding the Long Range Planning work plan we are working to try to develop more empirical numbers as to what it would take to get all of those tasks done in terms of staff, consultants, etc. Before we do that the first thing we are going to look at is that we are required to update and review our Comprehensive Plan and development regulations in 2011. We need to find out how thorough of a review the Council wants. When we back up the work program we need to start on this in 2008. Even if we start tomorrow we are probably still behind in order to get it done the way it really needs to be done. After this project we can then look at the other tasks on the list. The Council wants us to bring this project list to them with priorities outlined sometime in February. Mann: Why are you doing a supplemental EIS rather than a full EIS? Stalheim: A full EIS is done for the countywide Comprehensive Plan so this just supplements it for the subarea plan. 185 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 51 52 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 10, 2008 Open Session for Public Comment Bob Wiesen, Whatcom County: At a meeting I recently attended Commissioner Lesow complained that the Commission needed funds to go to conferences. Dick Gilda and I, when we were on the Commission, probably attended five or six meetings, some as far away as Yakima, on our own dime. We felt it was our duty to be informed on the issues. The reason I have been such a problem to Commissioner Lesow at some meetings is because what happens to Bellingham affects the rest of the county. Has anybody been by Lynden lately? What is happening out there? I am a property rights guy so I don't want to see downzoning but where should the growth be? I would rather see it in Bellingham rather than out in Lynden, Birch Bay, Maple Falls or Sumas, particularly where it affects prime farmland. Lesow: At a hearing about a year ago Tim Stewart was asked by Seth Fleetwood what the biggest problem was as far as controlling sprawl in the county. Tim said it is the number of vested short plats. Do you agree or disagree? Wiesen: It's a potential problem but if you can't build in Bellingham then the pressure is to use those short plats. What you need to do is encourage the development where it really needs to be, where the services are available. Commissioner Comments Lesow: With regard to the seminar that I wanted Commissioner Hunter to attend what I wanted to do was to fund the fee for attending, which I believe was either $700 or $400. Council chose not to fund it. I think that since it was a legal seminar Commissioner Hunter should have attended. He would have had to pay for his travel expenses, time and effort but I felt that the County could certainly afford to send a professional from the Planning Commission. In the Delta Optimist Newspaper there was a beautiful photograph of Mt. Baker, which we often think is Whatcom County but it is very much a part of the heart of Canada as well as the U.S. The picture was taken from Canada. Work Session Business Rules There were no changes to the Business Rules. Election of Chair Lesow nominated Ken Mann. Roosma seconded. The motion carried unanimously. Election of Vice -Chair Lesow nominated David Hunter. Hunter declined. Mann nominated John Lesow. Lesow declined. Mann nominated Jean Melious. Lesow seconded. 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 51 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 10, 2008 The motion carried 5-1 with Melious abstaining. Public Hearing Open Space Applications Elizabeth Olsen presented the staff report and gave an overview of each application. Open Space/Open Space Dan/Jeffie Pike (OSP2007-00004) New Application - 410235-232051,-230017. 728 H Street Road. This is two parcels totaling 9.55 acres. The amount requested to go into Open Space is approximately 2.5 acres. The remaining property, to the north, will be in Open Space Timber. The residents use the property to raise and sell raptors. There will be public access to the site and there will be educational opportunities. We recommend approval. The hearing was opened to the public. There was no public comment. Work Session 3 Mann: Is this a commercial enterprise? Olsen: It's more like a hobby farm. Mann: It seems unusual that we are giving a tax break to someone who is selling a product of the land. Lesow: I thought about that also but of all of the Open Space applications we have had I think this one is a place l would really like to go to. I think it should be passed. Hunter: It's not really clear to me if this is a non-profit or a for -profit organization. Osborn: The public benefit rating system has guidelines to address this. If there was a financial gain we would take that into account. The issue here is that the focus of this application is for educational purposes. Melious: If there were no raptors on this property would it still qualify for Open Space? Olsen: No. Melious: So if they stopped raising raptors it would no longer be in this designation? Olsen: Correct. Steensma: We are granting Open Space for his hobby. What if I flew model airplanes and said people could come to my property to do that? Could I then get this designation? Olsen: Yes, we have a place like that. 187 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 4.1 42 43 44 45 46 47 48 49 50 51 52 RECORD OF PROCEEDINGS OF THE WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 10, 2008 Osborn: You have to remember we look at the rating system to see if the application meets those criteria. Olsen: Not every application is going to meet every criteria. For example this site has no historical or archeological significance. Steensma: If this guy quits raising raptors tomorrow would the new owner have to pay the back taxes? Olsen: No, the seller is the one to pay the back taxes. Lesow moved to recommend approval of the application. Roosma seconded. Motion carried. Steve George (OSP2007-00015) Continuance — 390403-035385. 3700 Blk., Gilmore Road. 4 Olsen: This is a continuance because there has been a changes of ownership. It is five acres. It has a steep ravine with Power Creek which is an anadromous fish habitat. There will be no public access. We recommend approval. Steensma: Is there a house on this parcel? Olsen: No. Steensma: Will there be? Olsen: No. Mann: Do you know why this person purchased this land when they have no interest in putting a house on it? Olsen: They like the property. The hearing was opened to the public. There was no public comment. Work Session Hunter: Why is there no public access? Olsen: Because it's a critical area. It is quite common to not have access in this kind of situation_ Lesow moved to recommend approval of the application. Mann seconded. Motion carried. Open Space Timber Congregation Beth Israel (OSP2003-00001) Transfer from Designated Forest - 370305-363549; 380332-361006. South of 500 blk, San Juan Blvd. Olsen: This is an application from 2003. The reason this has taken so long to come forward was because the congregation was in the process of putting land together and doing lot line adjustments with the City of Bellingham. They have a good timber management plan. We recommend approval. 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 51 52 Regular Meeting RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION January 10, 2008 Stalheim: Why aren't they exempt from property taxes being a religious organization? Olsen: I don't know. Maybe because they don't have any buildings on the property yet. Maryse/Tarradan Sagewynd (OSP2006-00023) New Application — 400133-287067. 3900 Bay Road. Olsen: This is a parcel of land that Nielsen Brothers, Inc. harvested. The applicants have bought the property and are planting trees. They have an excellent timber management plan. We recommend approval. Brian Berg (OSP2007-00002) Continuance — 400432-485071. East of 2900 blk., Massey Road. Olsen: This is a continuance of land with old timber on it. It has a good timber management plan. We recommend approval. Dan/Jeffie Pike (OSP2007-00004) New Application — 410235-232051,-230017. 728 H Street Road. Olsen: This is the upper 5 acres of the parcel which you just recommend for Open Space/Open Space. They have a good timber management plan. We recommend approval. Amy Jamieson (OSP2007-00008) Transfer from Designated Forest — 390526-31495. 6621 Canyon Lake Road. Olsen: This is a transfer from Designated Forest. The property has a house on it. It is excellent timberland. We recommend approval. William Baader (OSP2007-00018) Transfer from OSAG — 390218-148442,-147392,-070394; New Application — 390218-156338,-133296. 6400 blk., Vista Drive Olsen: The applicant is replanting this property. Mann: Is this property within the Ferndale UGA? Olsen: Yes. He is allowed to do this in the UGA. Gardner/Whittaker (OSP2007-00019) Transfer from OSAG — 390323-045288. 5904 Noon Road. Olsen: This is a transfer from Open Space Agriculture. There is a creek on the property. There will be a buffer between the creek and the trees. It has a good timber management plan. We recommend approval. Eric Amsberry (OSP2007-00020) New Application — 400101-069102. East of 9500 blk., Stein Road. Olsen: This has a good timber management plan. We recommend approval. Eugene Ketchum (OSP2007-00021) New Application — 400413-495488,-455493. 4857 Reese Hill Road. Olsen: This was former pasture which the applicants are now planting with trees. We recommend approval. The hearing was opened to the public. RECORD OF PROCEEDINGS OF THE 6 WHATCOM COUNTY PLANNING COMMISSION Regular Meeting January 10, 2008 1 2 Cindy Green, Whatcom County: Is there public access to these? 3 4 Olsen: On Open Space Timber there is not. 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 51 52 Green: The one that is near the golf course, how many acres is that? Olsen: 5.71 Green: I noticed there is a house on it. Is that included in that acreage? Olsen: No. Bob Wiesen, Whatcom: I have a problem with the property on Vista Drive. I don't know how long the property owners have had that property but why would you buy property that is in an urban growth area and make it a tree farm? That will have a significant impact on the buildable land supply of Ferndale. You are going to have hopscotch development. It may be a school site or park in the future. How do you get utilities through there? The hearing was closed to the public. Work Session Hunter: In response to Mr. Wiesen it is an interesting balancing of interests once you get into a UGA. This area may remain undeveloped for another 50 years. I understand that the purpose of the UGAs is to ensure that development doesn't go out further into the county. I think the other side of that, however, is that there is some significant benefit to delaying development within the UGAs until cities have done an effective job of putting development within the city limits. Personally I think too much development has occurred in the northern part of the area. I think it will be interesting to see if over time whether the pressures to build in the area and the value of that property becomes greater there won't be more of a motive to take it out of forestry. Lesow: Demography is destiny and I don't ever see that ever becoming a site for a school. The area that I live near, Delta, has stopped growing. The school enrollment has been going down since 1980. North Vancouver has stopped growing. That is something that is very significant. I think there is some foresight for someone to go into a UGA and plant some trees. No one knows if there is going to grow or not. I support the application. Mann: Dr. Baader, you don't have to answer this but what do you have in mind for the property? Baader: What my wife and I have in mind is a serious attitude towards conservancy. We are very mindful that we are at the northern border of Ferndale and in the UGA. Ours plans aren't any businesslike venture. I realize it's a different thing to do in this area and people may ask why not do it in an area like Canyon Lake Road but we have been there since 1995 and we love living there so we don't want to go anywhere else. Lesow moved to recommend approval of the Open Space Timber applications. Steensma seconded. Motion carried. Work Session GMA compliance issues updates and discussion. 190 " .. ------------- y+SSA S3J€�b� pa J24 , cti_ 1y O Abby �a G b'�O �p PL PNN\� •/�1 vie/ �.(. C) Q N i U N V � M CO U m n CL c O O m J 191 Dan and Jeffie Pike OS/OS 2008-1 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Dan and Jeffie Pike 728 H Street Road Lynden, WA 98264 Subarea: Lynden Nooksack Valley Comp. Plan Desig: AG Zoning Desig.: AG Designation: Open Space/Open Space Parcel No.: 410235 - 23205,-230017 Acreage: 9.55 Acreage/OS: 2.50 Land Use: Residential, Timber, Wildlife Road Access 728 H Street Road Soil Type/Capabilities: SCS Soil Rating: # - 143 Shalcar muck, drained, 0-2% slopes, prime agricultural soil: 2% coverage. # - 179 Whatcorn silt loam, 3-8% slopes, prime agricultural soil: 37% coverage # - 180 Whatcom silt loam, 8-15% slopes, not prime agricultural soil: 61% coverage SCS Soil Limitations: Poorly drained, seasonal high water table, wetness causes muddiness and puddling. Comments: These soils are used for pasture, woodland, wildlife habitat. Basic Value Score Max Public Benefit Value: Score Max Enhance scenic resources 5.00 10.00 Public Access 40.00% 40.00% Property is within treed corridor of H Street Road Off street parking, walking trails, raptor viewing. Protect Streams/Shorelines - 10.00 Water Resource Protection 5.00% 20.00% NA Preservation of hydrologic processes Protect Soils and Wildlife 2.00 10.00 Wildlife Habitat 20.00% 20.00% Small pond on SE corner of parcel. Small open water, edge habitat and forest for wildlife. Promote Conservation Principles 10.00 10.00 Parcel Size -1.00% 10%+/- Promotes conservation of protected birds of prey by propagation 9.55 Enhance abutting Open Space 10.00 10.00 Abutting Open Space 5.00% 5.00% Abutting Open Space - north, east, and south of H Street Road Abutting Open Space - north, east, south of H St. Rd. Recreation Opportunities 10.00 10.00 Natural Areas 5.00% 5.00% Provides public education re: value of raptors in the environment. Managed forest, wetlands, trails, seasonal stream 23 raptors (eg. hawks and falcons) are bred, raised, Financial Advantage - -40.00% and trained on site for use in species control at dairies, N/A berry farms, airports, etc. Discretionary Value - 40%+/- Historic/Arch. Significance - 10.00 N/A N/A TOTALS 7 70 7 4. 0 0 Or, 140.00% PublicsRattn.g 1t+(Bl! `PTV) 37+ (37x74°la)' 37 >+ 2.7 8 64 38 APPROVAL Must receive at least 45 points for approval Conditions: Public Access Yes Sign Yes Hold Harmless Yes Action: Commission Council 192 i i I AG R Pike Propert H Street D I l AG X III l . . . . . . . . . . t A M, f 6 p OSP2007-00004 (OS/OS Application) QN`� yNF oRMA TKO Parcels: 410235-232051 - Dan/Jeffie Pike cd�pp�GO USEEE ENT WTH THE FOLOWNG DATA IMPLIESTHEUSER'S p �` 'Y-S1 410235-230017 N AGREEMENTWTHTHEFOLLOWNGSTATEMENT S1 7007 <�; 1Makam Cauny msUams ady s"a,any Ol..—Maday Oi wdnany '^ of Mrleaa Ol tNs map Vany p,Mwu r parpOw.eaner eapresa 60plied No repreWMation or —My m made curd MN me a¢ur. r YI W F adY currency.OmpplelenessnROaliy Ol dala deptW..Mis map Y - � �' rJi ( U Art/user Ol 1.s rNPaS%mesall reSpomlGlry loi Y6e PRreo(arC y , N'"' a,nner agrees 1p hWd N ,twm C—y harmless aom and again5 any damage. Ow. Or leGldy anvng aom any use Of INS map, yCQ 1y� ti 6EEElO4V'EN Subject Property o z+o aeo oeo toad avid Feet 193 Year HS ACRES NON -OS ACRES OS ACRES TOTAL ACRES PBR% FM VALUE PER ACRE CU VALUE PER ACRE `FM VALUE= FM VALUE= FM VALUE= Total FM VALUE CU VALUE= FM VALUE SAVINGS NEW VALUE PROOF REVAL AREA 2007/2008 A PARCEL# 410235 230017 0000 1.00 40,000 current value wont change 1.00 30,000 current value wont change 2.50 75,000 current value will be change to value below 4.50 145,000 total current value 64.38% 30,000 1.190 FRONT F7 X PER ACRE = 0 2.50 ACRES X 30,000 PER ACRE = 75,000 ACRES X PER ACRE = 0 75,000 2.50 ACRES X 1,190 PER ACRE = 2,975 DIFF 72,025 PRB% 64.38% SAVINGS 46,370 75,000 46,370 28.630 / 2.50 Per acre = 11,452 28,630 194 195 WHATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Stephen George PO Box 2007 Ferndale, WA 98248 Subarea: Lynden Nooksack Valley Comp. Plan Desig: Rural Zoning Desig.: R5A Soil Type/Capabilities: Steve George OSOS 2008- 1 Designation: Open Space/Open Space Continuance Parcel No.: 390403-035410 Acreage: 5 acres Road Access: 3700 block Gilmore Road Land Use: Power Creek ravine, forest Shorelines: N/A SCS Soil Rating: #53 - Everson silt loam, drained, 0-2% slopes, 100% lot coverage, prime Ag soil. SCS Soil Limitations: Seasonal high water table, ponding during winter, useful wildlife habitat. Available water capacity is moderate, permeability slow in the upper part, very rapid in the lower part. Comments: This soil is used for pasture, woodland or for wildlife habitat. Basic Value Score Max Public Benefit Value: Score Max Enhance scenic resources 5.00 10.00 Public Access - 40.00% Serves to prevent spread of further development. NIA Protect Streams/Shorelines 10.00 10.00 Water Resource Protection 20.00% 20.00% Site bisected by anadromous fish creek, tributary of Sumas River. Preservation of hydrologic processes. Protect Soils and Wildlife 10.00 10.00 Wildlife Habitat 20.00% 20.00% Riverine ravine habitat for anadromous fish and wildlife. Site offers protective habitat for State Priority species. Promote Conservation Principles 10.00 10.00 Parcel Size-10.00% 10%+/- Protection of salmon habitat by Open Space designation. 5 acres. Enhance abutting Open Space 10.00 10.00 Abutting Open Space 5.00% 5.00% Provides palustrine edge type habitat to abutting OSAG parcels. Site is surrounded by abutting OSAG. Recreation Opportunities 10.00 10.00 Natural Areas 5.00% 5.00% Bird watching, wildlife viewing. Naturally forested, anadromous fish bearing stream. Historic/Arch. Significance - 10.00 Financial Advantage - -40.00% N/A N/A Discretionary Value - 40%+/- N/A TOTAL o o 196 OSP2007-00004 (OS/OS Application) oWOR," ry0 Parcel: 390403-035385 - Steve George oQP� ``OM C tis`a ii USE ENT WTM THE FOL OWNG STATEMENT USER'S V P G `� N AGREEMENT w1TH THE FOIIOVNNG STATEMENT O � 1007 *1 {; Wralmm Count' OscNms any warmrrty pl merdv�dNy or warrant' ��� 0llanessollAsmaP la any parvcubr purpose. earereaPmss o< y._r'f ^ ���`�_ 'vndnp. NO re6esenatan Or warmny�s ma0e mricernnp be amun r- "{it' m :�' F ry. nerenpy.pompelenea orguauryof Wt fw—On Nry user of lbs map aswnes al --hall . use.i .9, aM Z BNler age0510 nde LMalmm Goynq Oamyess Bom drtl agdvr4 airy- 3amage.bss. oriubiay ansrp hom any use of 106map. yQ _ ': - Saa4� A/ Zoning Boundaries a�f�ELOPNE� 0 2a0 a80 900 t,aa0 19F.. 197 OSP2007-00004 (OS/OS Application) Parcel: 390403-035385 - Steve George T]O,y PQOMRNC P S OG 8j USE Of NMATCOM COUNlYS CIS DATA IMPLIES THE JSEH'S AGREEMENTWTH THE FOLLOWNG OU n STATEMENT b 007 `MaNaN CawlY 65pMm5 anY Mrrarsy of rrarwmao-wy ar—.-Y U' F mTmeg Of Ulle wP faa airy, mmbr pmppss.elnartapressa yea WreP 1lMOn or warraMYrimaOe mnaernrg Te ary.cvrenry,wmpefenessuquaary pi mu aepcka on ma map v `= L '" :. t 'N= ,.�.�"•.� '.�' ArtyuseroflNsnapasvrnesallrespprenlryformamarepLaro funMr agree la Wd VNatmm C.oly narmeas from aro ag.— any aamap¢.lai.ar ladlay armllp Cam anY armR i - yC •' UY Tap _ y4' S /\V/ Subject Property 0 95 r90 380 570 760 Feet Im REVAL AREA Year 2007/2008 B PARCEL# 390403 035410 Revised 1/9/08 HS ACRES 0.00 NON -OS ACRES 0.00 OS ACRES 5.00 44,655 current value TOTAL ACRES 5.00 PBR% 77.00% FM VALUE PER ACRE 16,000 CU VALUE PER ACRE 1,235 "FM VALUE= FRONT FT X PER ACRE = 0 FM VALUE= 5.00 ACRES X 16,000 PER ACRE = 80,000 FM VALUE= ACRES X PER ACRE = 0 Total FM VALUE 80,000 CU VALUE= 5.00 ACRES X 1,235 PER ACRE = 6,175 DIFF 73,825 PRB% 77.00% SAVINGS 56,845 FM VALUE 80,000 SAVINGS 56,845 NEW VALUE 23,155 / 5.00 Per acre = 4,631 PROOF 23,155 199 W HATCOM COUNTY OPEN SPACE CLASSIFICATION Beth Israel '03-1 OST 2008-1 Property Owner Subarea: Comp. Plan Desig: Zoning Desig.: Shorelines: Congregation Beth Israel 2200 Broadway Bellingham WA. 98225-3310 Chuckanut/Lake Samish UGA UR4 N/A Designation: Open Space Timber Transfer from Des. Forest Parcel No.: 370305 - 363549, 380332 - 361006, - 384039 Parcel Acreage: 17.7 acres Acreage in OST: 6.5 acres Road Access: Southeast off San Juan Blvd. Land Use: Vacant timberland Land Use History: Vacant timberland Soil Characteristics # 1561 157 - Squalicum gravelly loam, 5-15% slopes, 15-30% slopes. Woodland soil unit. Site Index*: 132 - Douglas fir. Limitations/Concerns Muddiness caused by seasonal wetness. Seedling establishment and competing vegetation. Timber Manal4ement Plan Information Included Completeness (0=incomplete; I =satisfactory; 2=thorough) Points Max Current Stand Description 2 2 Mixture of commercial hardwood and conifer species varying in age from 15 to 35 years. Soils Description 1 2 Squalicum sandy loam is used mainly as a woodland soil, Douglas fir is major woodland species_. Forest Health 2 2 No significant indicators of disease, pests, fungal rots or high fire risk problems within subject property. Harvest Plan 2 2 Full regeneration harvest circa 2035-40. Thinning Program 2 2 Removal of damaged and diseased trees and brush control, commercial thinning circa 2020. Planting/Restocking Program 2 2 Reforest w/in first planting season with Douglas fir, Western red cedar and red alder. Wildlife Habitat Enhancement 2 2 Present forest stand supports a variety of wild life habitat as will future stands. TOTAL: 13 14 RECOVfMENDATION: APPROVAL Must receive at least 7 points for a staff recommendation of approval ''Site index indicates how tall (in feet) an average tree will grow in 50 years. 200 OSP2003-00001 (Transfer from Des. Forest) Parcels: 370305-363549 - Beth Israel 380332-361006 N 380332-384039 W F S Zoning Boundary 0 220 .0 880 1,320 1760 Feet USE OF V"TCOM COUNTYS GIS OATA IMPLIES THE USER'S AGREEMENTWrTH THE FOLLOMa STATEMENT' Wnaxwm coravYaiscM:oaary anranry a awdvarobray awanaMy al MmaollNsnNP mr any pxNUlBrpuryoes, elMr mynas or aw-W. wmpiemem qa itj f maea mnud on Pe a p. w. wreaw, remgdeaesaa a�lM oe eda mptme ex tno mep. Arq -r -tand assvnasallre�oretilry lar ipe eieresl.and xaller egesstx hdtl VlliallOm Coinry IamYass tom ane apairtl arty mmapa. row. er IBtiIry angry xam aay aaa orv,m map °PPQQ'CG'O� R COG 8r 2007 ry�F �t Z , sOFYELOPM'E� 201 11-4 5-�k , E7 Par. yy faeI Pry r /"o st A 'PLM �VMV:.. ll-,� I" AT. "S A& yi M Forest Management Plan for Congregation Beth Israel Property Portions of the NW '/ of the NE '/ S5 TWP 37N R03E and portions of the S %Z of the SW '/ of they SE '/ S32 T38N R03 E, W.M. (Tax acct. Ws 370305363549, 380332361006, 38033$84039 ) k l Landowner: Congregation Beth Israel 2200 Broadway Bellingham, WA 98225 Plan Prepared by: Aubrey J. Stargell Forester, Nielsen Bros. Inc. (360) 671-9078 Plan Prepared: 10-15-07 203 Water Quality, Riparian and Wetland Areas There is a forested wetland approximately 0-1 1 acre in the northwest portion of the property. It is anticipated that any future forest management activities will not affect water quality due to the relative lack of critical areas, the forest practices regulations accorded to critical areas, and appropriate selection of equipment and timing of operations. Fish and Wildlife Habitat The forest cover currently existing on site supports a variety of wildlife. Future harvested areas will provide good feeding habitat for deer and other species. Harvested areas should be replanted during the first planting season following harvest. Managed areas will provide changing habitat for different species over time as new forest develops and matures. It is anticipated that the plans and objectives held by the landowner will be consistent with maintaining this quality habitat over time on the majority of the property. Threatened and Endangered Species and Cultural Resources There are no known threatened or endangered species present on or relying on the subject property. Future management should have no effect on threatened or endangered species. There are no known cultural issues regarding this property. Management Plans & Timetable Thinning and pruning can be done to improve the quality and growth of the overall stand. It is anticipated that these areas could be commercially thinned (around 2020 depending on contemporary markets. The stand would be ready for a full regene arar ton-,.h4rvest. in_ approximately 30 yeW- After harvest, reforestation -- should be done within the first planting season following harvest. Trees to plant include Douglas fir, western redcedar, and red alder. Competing vegetation will need to be controlled and can be done by manual stashing or aerial herbicide application. Slash can be plied and chipped on site or otherwise managed to mitigate any potential fire hazard and to maximize planting area. Harvest and management time frames may fluctuate as landowner needs and market changes necessitate. 4 204 Signature Page Plan prepared by Aubrey J. Stargell, Forester Nielsen Brothers Inc. P.O. Box 2789 Bellingham, WA 98227 Landowner Signature: 1d - 1607 Date We intend to manage this property consistent with the objectives of the Open Space Timber Land program of Whatcom County and to diligently implement the Plan. We are aware of the potential tax liability involved when the land ceases to be classified as forestland. 2n 17 Congregation 4th Israel Date County Signature: I have reviewed this Plan and approved it as meeting the requirements of a Forest Land Management Plan. 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Plan Desig: Rural Zoning Desig.: R5A Shorelines: IV/A Parcel No.: Parcel Acreage: Acreage in OST: Road Access: Land Use: 400133 287067 9.92 acres 5 acres 3900 Bay Road Timber Land Use History: Selectively harvested in1996 Soil Characteristics #179 - Whatcom silt loam, 3-8% slopes. Prime Ag soil. Site Index* Douglas fir - 116. 26.4% coverage #180 - Whatcom silt loam, 8-15% slopes, woodland soils. Site Index*Douglas fir - 116. 6.4 % coverage. #182 - Whatcom-Labounty silt loams, 0-8% slopes, woodlands soils. Site Index*Douglas fir -116. 54% covera4 #184 - Whitehorn silt loam, 0-2% slopes, woodland soils. Site Index*Red Alder - 90. 13.2%. Limitations/Concerns: Muddiness caused by seasonal wetness. Effective rooting depth is limited by seasonal high water table. Uncontrolled growth of competing plants may affect seedling establishment. Timber Mana2ement Plan Completeness (0=incomplete; 1=satisfactory; 2=thorough) Information Included Points Max Current Stand Description 2 2 Selective clearcut in 1996 removed most of the mature conifers, leaving an unevenly aged stand of timber. Red Alder, Big Leaf Maple, Cottonwood, Western Red Cedar, Western Hemlock, Douglas Fir, Sitka Spruce, White Birch, and Mountain Ash. Soils Description 2 2 Good productive woodland soil units. Forest Health 2 2 No evidence of insect infestation or diseases. Invasive non-native blackberry will be mechanically eradicated to control plant competition. Harvest Plan 2 2 Commercial selective harvest of mature hardwood stands will begin circa 2047. Commercial selective harvest of mature conifers will begin circa 2067. Thinning Program 2 2 Selective thinning of diseased, poorly formed or damaged trees will be occur as needed. Planting/Restocking Program 2 2 Pre -commercial thinning of naturally regenerating hardwoods will continue until circa 2027. Commercial thinning of hardwood stands will begin circa 2027. Wildlife Habitat Enhancement 2 2 Palustrine edge type habitat is available for mallards, and occasional Buffleheads. Maintenance roads provide access corridors to wildlife. Snags will be retained for bird habitat. RECOMMENDATION: APPROVAL Must receive at least 7 points for a staff recommendation of approval *Site index indicates how tall (in feet) an average tree will grow in 50 years. OSP2006-00023 Parcel: 400133-287067 - Maryse/Tarradan Sagewynd USE OF VVKATCW GOUNTYS GIS OATH IMPLIES THE USER'S N AGFtEEMENT MATH THE FOLLOWNG STATEMENT .ff— n Cowey ma W..airywarrant'DImamaraa p ae2rtaNy ( (Ines oltns rmP .b any parswmr purpose, eanar express a vnpae. No rePesanamnor wamHyO maEe mrcerrJrg me aeon u' F. acy.u�renpy.canpelem:snguality or gala aevp�a on NomTP Arty OIINamTv attunes allresppmltllty rU lee Terepl.aM evZagreesrpndev atmmO tynamaessewnaNagainstarty Oamaga,bss, or IubNy ensrg from any use or tNs r p. N Zoning Boundary o zzo aao eeo I,320 1.760 Feet ,� COM CO �tpfOHygT o y' 2007 DY``-U _aQ aOf�EloVv'�'� 209 ." .. .. 7v�j•� '� elf i 9 f.' y 4 L ,1 -�'+C - Y y `u tz il. r ci s � r 'i p: 4- 0 pq h s S• - t � •� �?. 3 � A -S Y -- k� ,�Y a TIMBER MANAGEMENT PLAN Maryse & Terradan Sagewynd PO Box 2766, Ferndale, Washington 98248 PROPERTY DESCRIPTION Five acres of a 10-acre parcel, Lot tax # 400133 287067 0000 Legal Description: The West 10 acres of the following described property: the West '12 of the SW '14 of Section 33, T40N, R1 E, WM, except North 40 acres thereof; also excepting the right-of-way for Bay Road lying along the South line thereof. Street address is 3900 Bay Road, within the Ferndale School District The five forested acres include the northern four acres of the property plus a 30-foot wide strip along the east side which connects forested portions along the middle and the section along the south edge with the larger northern portion for a total of at least five acres. [The remaining five acres of the tax parcel include a homestead and approximately four acres of cleared land being improved as a farmsite.] The property is bounded by (partially) wooded 10-acre parcels to the east, north and west and by Bay Road on the south. The property was purchased by the owners in February of 1999. The forested portion of this and adjacent properties had been logged in 1996 by the previous short-term owners, a local logging company. PROPERTY OWNER OBJECTIVES The landowners intend to continue their rehabilitation the subject property as a mixed conifer and hardwood forest for the purpose of Future selective harvest of forest products and for the promotion and protection of wildlife. TOPOGRAPHY and WETLANDS The topography of the total parcel is overall gently sloping (1 to 3%) to the northwest. The micro -relief of the wooded property however is hummocky and uneven, reflecting its undeveloped and natural condition. The depressions generally are not connected and cannot be easily drained. The parcel lies within the California Creek watershed, although no direct watercourse exists on the subject property. There is a seasonally high water table. However, there are neither wetlands nor hydrophilic vegetation (no cat -tails, skunk cabbage etc) on the subject property. 211 .qnn q Soils information is taken from Soil Survey of Whatcom County Area, published in 1992 by the USDA Soil Conservation Service. Additionally, studied observations have been made by the owners, one of whom (Terradan) has been trained as a geologist and employed as a geo-technical engineer by the US Forest Service. The subject property is covered by two mapped soil units: #179 Whatcom silt loam and #182 Whatcom-La Bounty silt loam. These soils are deep and moderately well drained. Permeability is moderate to moderately slow. The available water capacity is high. The effective rooting depth is limited by a seasonal high water table. (A wind -thrown mature Sitka Spruce gave us direct observation of this limited rooting depth.) Erosion is of slight concern on these very gentle slopes. Seedling establishment and mortality are of moderate to severe concern. The high seasonal water table hinders root development and causes a low seedling survival rate. Replanting needs to concentrate on the higher portions of the uneven micro -relief (on the hummocks and knolls, avoiding the depressions.) Wind -throw is of moderate to severe concern and has occurred on the property_ The main limitation affecting timber harvesting is the seasonal wetness which causes muddiness, rutting and soil compaction when heavy equipment is used, limiting the use of wheeled and even tracked equipment to the dry season. (Despite their management plan, the previous owners improperly logged during the wet season and some ruts are still visible ten years later.) FOREST SPECIES & CONDITIONS The subject property was part of a large logging operation in 1996, when most of the mature conifers were removed. The remaining trees of girths exceeding one foot (diameter at breast height) are (in approximate order of relative quantity): Red Alder, Big Leaf Maple, Cottonwood, Western Red Cedar, Western Hemlock, Douglas Fir, Sitka Spruce, White Birch, Mountain Ash. Since the logging operation, considerable re -growth has occurred. As noted in the Soil Survey of Whatcom County description for these soils, plant competition is of severe concern when opening are made in the canopy. The property is now covered by a thick stand of approximately two- to eight -inch diameter red alder and cottonwood which has established a canopy approximately 30 feet high. The under -story plants include species such as red elder, salmonberry, snowberry, trailing blackberry, currant, bracken fern, sword fern, nettle, bleeding heart, trillium, wild ginger. Invasive Himalayan blackberry initially took over much of the logged area but has declined as the natural re -growth of alder and cottonwood has shaded it out, as well as through physical removal by the current owners. Plant competition is still the major concern on the subject property. The natural re -growth of alder and cottonwood is very dense, to the detriment of even their own health, making 2 212 difficult the re -generation of Douglas Fir under the shade of the hardwoods. Thinning of the alder and cottonwood must balance the opening of the canopy for the re -growth of conifers with the maintenance of shade cover to discourage the rampant growth of invasive blackberry. Establishment of access trails could allow opportunity for invasive plants and will require maintenance. Shade -tolerant conifer species are preferred for replanting. Rampant re -growth of brush and saplings has created an excessive fuel load as well as overstocking of hardwood species. Thinning and "brush -hog" operations are under way to reduce fire danger as well as to encourage reforestation. From the Soil Survey of Whatcom County Area, for these soils, `on the basis of a 100-year site curve, the mean site index for Douglas Fir is estimated to be 154. The highest average growth rate in unmanaged, even -aged stands of Douglas Fir is about 163 cubic feet per year, occurring at age 60." INSECTS AND DISEASE No unusual insect or disease conditions have been observed. The major problem with the remaining large trees has been exposure to wind after the removal of the most of the mature trees in the logging operations of 1996. WILDLIFE Numerous mammals and birds make use of the subject property. Deer, squirrels, chipmunks, weasel, black bear and a wildcat (cougar?) have either been observed or have left their sign recently. Many bird species use the property including several owls, hawks, woodpeckers, flickers, jays, and many songbirds. Bald eagles, vultures, Canadian geese, Great Blue heron, and other waterfowl often fly over. Although they have been observed perching and hunting while in transit, no bald eagles build nests on the property. Rehabilitation of the land into a mixed conifer and hardwood forest will be performed in such a way as to improve the wildlife habitat. For example, dead snags will be allowed to remain standing. TIMBER PRODUCTION STATUS There are currently no commercially significant volumes of timber on the subject property. The merchantable timber was cleared by the previous owners in 1996. They claimed to have replanted with 2-year old Douglas Fir and Western Red Cedar seedlings at a density of 225 trees per acre in March of 1999. However, this cannot be correct because this is after the date which they sold the property to the current owners and they did not have permission to come onto the property after the sale. There was and is no evidence that they did in fact replant this parcel at any time. No trees of that age and in fact, no dead seedlings have been observed. 3 213 This land has been "ridden hard and put away wet" by the previous owners, a logging company which failed to observe sustainable logging practices, failed to treat logging debris, logged during the wet season, and failed to leave sufficient seed trees or to replant. It will require huge inputs of labor and moderate inputs of cash to rehabilitate_ However, good stewardship is an eminently worthwhile and valuable effort for the health of the watershed, the wildlife, and the county in general. MANAGEMENT PLAN 1) Weed Management Beginning in 2005 we began weed management by brush -hogging the invasive Himalayan Blackberry which chokes the sunlit margins of the woods. Within the woods, we had already begun to remove the invasive species by hand and when possible with a brush - hog mower on a tractor. Physical removal and brush -hogging also remove the excess fuel load and reduce fire danger. In consideration of the watershed and wildlife as well as our own health, we do not use chemical pesticides. 2) Access We have cleared a firebreak trail around the border of the subject property_ We have built some trails within the woods with minimal disturbance to provide access for foot traffic, wheelbarrow and farm tractor for the purposes of weeding, thinning and replanting. The subject property is bounded on the north and the west by a graveled access lane. 3) Thinning We have begun and will continue to thin "from below" the alder and cottonwood stands to approximately a 10- to 15-foot spacing to improve their health while maintaining their shade canopy. We select the healthiest trees to remain and cull out several trees for each that remains since they are so dense. Such thinning reduces fire danger as well as improves the health of the stands. We also plan to remove lower limbs from the straightest, highest quality trees to further improve their lumber value as well as to reduce fire danger. 4) Replanting As mentioned before, the subject property is currently covered with natural regrowth which has established a forest canopy and therefore replanting is not required to cover the ground. We are planting trees to shift the population to a variety of preferred species. We plant Western Red Cedar as our primary conifer species since it: a) is more shade -tolerant than Douglas Fir, b) is better adapted to the seasonally wet soils, and c) produces very valuable forest products 4 214 We are also planting other conifer species to produce a healthy mixed stand, including Douglas Fir, Sitka Spruce and Western Hemlock. As noted before, the conifers are planted on hummocks and not in the depressions, to avoid seedling mortality. Trees are replaced if they do not survive. Planting will continue as the forest matures, is thinned and is selectively harvested. The goal is to eventually create an uneven -aged forest that can be selectively harvested continuously on a sustainable basis. Across the middle of the property we have planted willow and cascara. We have planted a 30-foot wide strip approximately 600 feet long along the eastern edge of the parcel's cleared southern portion to connect the northern, middle and southern forested portions. We planted Western Red Cedar, Sitka Spruce, Black Hawthorn and Beaked Filbert on long raised beds to provide drainage. 5) Harvesting Schedule For the next 20 years, we expect to continue pre -commercial thinning of the naturally regenerating hardwoods, incidentally producing firewood and poles for our own use. After approximately 20 years, commercial thinning of the hardwoods may begin. After approximately 40 years, commercial selective harvest of full-size hardwoods may begin. After approximately 60 years, commercial selective harvest of conifers may begin. With intelligent management and good stewardship, selective harvest could continue indefinitely while maintaining forest cover and wildlife habitat. 5 215 'WHATCOM COUNTY OPEN SPACE CLASSIFICATION Berg •07-2 OST Zoos-1 Property Owner: Brian Berg Designation: Open Space Timber 18306 73rd Ave. W. Updated Timber Management Plan Edmonds, WA 98026 Parcel No.: 400432 485071 Subarea: Lynden Nooksack Valley Parcel Acreage: 9.85 acres Comp. Plan Desig: AG Acreage in OST: 9.85 acres Zoning Desig.: Agriculture Road Access: East of 2900 blk. Massey Rd. Shorelines: N/A Land Use: Timber Land Use History: Selective harvests since 1900 Soil Characteristics #107 - Mt. Vernon fine sandy loam, 0- 2% slopes. Prime Ag soil. Site Index* Douglas fir - 130. 41 % coverage #115 - Oridia silt loam, 0-2% slopes. Prime Ag soil. Site Index*Red Alder - 90. 51.9% coverage. #116 - Pangborn muck, drained, 0-2% slopes. Prime Ag soil. Site Index*Red Alder - 90. 7.1 % coverage. Limitations/Concerns: Seasonal high water table contributes to muddiness, seedling mortality, and windthrow. Timber Management Plan Information Included Completeness (0=incomplete; 1=satisfactory; 2=thorough) Points Max Current Stand Description 2 2 Timber stand is predominantly cedar and alder mixed with maple, birch and fir. Age of stand ranges from new growth to 100 year old cedars. 70% of stand is at maturity. Soils Description 1 2 Good productive woodland soil units. Forest Health 2 2 No evidence of insect infestation or diseases. Invasive non-native blackberry will be actively managed to control plant competition. Harvest Plan 2 2 Red cedar and red alder will be selectively harvested in 2030. Hundred year old cedars will remain for use as a windbreak unless they become hazardous. Thinning Program 2 2 Selective thinning of diseased, poorly formed or damaged trees will be occur as needed. Planting/Restocking Program 1 2 Red cedar will be planted in areas of selective thinning to increase the cedar density. Red cedar and red alder will be planted after the 2030 selective harvest. Wildlife Habitat Enhancement 2 2 Palustrine edge type habitat will be enhanced for wood ducks and herons. Cottonwood snags will be retained for blue heron rookery. Nest boxes will be installed for wood ducks. RECOMNIENDATWN: APPROVAL Must receive at least 7 points for a staff recommendation of approval *Site index indicates how tall (in feet) an average tree will grow in 50 years. 216 OSP2007-00002 Open Space Timber (Continuance) Parcel: 400432-485071 - Brian Berg A/ Subject Property INfORPA411 QN� NP �GpM COG 8` USE OF N~-ZOM GJI:+I!YS GIS DATA INVUES i E USEWS pV �,P yf 'Fl V AG2EEAIENT VraiN i:rE �JI:JN.ING STATEMENT trrV 2007 ' CAYraY p�atYsm9 am warariY O/merda MadYlY or �martaNY !�-��'.'_ of laneffi pllNf maa'u em�ynit�.Nr purpose evner avpiass or V E: � 1�" �`s'��%�� mdiaE No rap'aseMecon ar,varnMVA maae mncarrvrg Te a¢ur. r -i •'�t�•'. 'I W u' p an. pUrtaq wmdel=ness ,r a ." of M. xxep I— ay . �� JVmom In MRr f9roa9le nd,map Vnalam �wnry namYess tom aM epaNat arty _ — R iC samape. 1p® ar uedaY v.alq rom anv e+e arlNa map ; " - �. y� SOFI'ELOPM`EP 0 220 -0 eau I320 I,�eJ 217 -`V ` M + T ` .� +mac.:-^.� � t#r �__ � �;. � � � � _ - ` • � t�_ sA" . e:-� -_ _ _ mow/ • .. "g. ^. r'ari - ,�'}r^' y. - .G,°... P : �,+ 'st,`•`r.: firoer �'i '�'"'' '` Ae "3i.;, x� '` '�''5?4,uE�`�.e�_�-. a�i.� {x � i • j:. 11 :�: � i�kE'�' 1 OSP2007-00002 Open Space Timber (Continuance) Parcel: 400432-485071 - Brian Berg U4pQPOFo�GOMQ44 4,/b, `s J Subject Property OpyE��PWEN Berg Timber Management Plan (XXXX Massey Road, Everson Washington, 98247) 1) Landowners: Brian Neel Berg and Nora Berg 18306 73Ta Ave West Edmonds, WA., 98026 Phone: 425-712-7118 2) Property: Parcel #: 4004324850710000 Total Acreage: 9.85 Acreage to remain in Open Space Timber: 9.85 Address: XOM Massey Road, Everson, WA 98247 Topography: Level with some wetlands Date of Acquisition: Statutory Warranty Deed, Dated 02-07-2007 Current Land Use: Open Space Timberland Land Use History: Open Space Timberland Surrounding Land Use: Open Space Timberland and Open Space Ag 3) Landowner's Objectives: Landowners plan to maintain a healthy managed forest. Landowner may build a home on the site in the future, but the land will remain similarly forested when the home is in place. Landowner is the fourth generation of Berg's to own this property since originally homesteaded in 1883. Landowners plan to preserve the forest for future generations by harvesting and replanting native species. Landowner plans to implement the current Tree Earth (#500) certification plan that has been in effect since 1958 (recently recertified in 2003 by John Keller, DNR). Landowner is a Washington State University certified Master Gardener and will use that knowledge to identify diseased trees and maintain a healthy forest. 4) Current Stand Description: The current stand is predominantly Cedar and Alder. Other species include Maple, Birch and Fir. Trees range in age from new growth (0 years) to over 100 years. The stand is roughly 70% covered with mature trees. Berg Timber Management Plan (2007) Page 2 of 4 219 5) Soils Description: Soil Types: Estimate 65% - Mt. Vernon fine sandy loam, 0 to 2 percent slopes and 35% - Oridia silt loam drained, 0 to 2 percent slopes. Site Index: Douglas Fir, 130 (Trees to plant — Douglas Fir and Red Alder) and Red Alder, 90 (Trees to plant — Red Alder and Western Red Cedar). Note: Soil Survey of Whatcom County Area, Washington, Sheet 13, soils t07 and i15. Limitations and concerns for majority of property_ Erosion: Slight Equipment limitation: Moderate Seedling Mortality: Slight Wind throw hazard: Moderate Plant ComNtition: Severe Forest will be actively maintained to control plant competition concerns Growth Rate: Estimated at 3' per year for most tree species. 6) Forest health: Forest is located 2 miles from Everson Fire Department and has maintained trails throughout to allow for fire equipment access. Competing vegetation is predominantly Himalaya Blackberries and Salmonberry. Windfalls and wind topped trees are managed to allow for wildlife habitats (snags) and to keep trails clear for access. There are no known insect issues or diseases within the stand. 7) Thinning Program: Thinning of diseased, poorly formed and damaged trees will occur as needed_ When trees are identified as needing to be removed, they will be removed selectively as has been typical for the past century in this stand. 8) Harvest Plan: Stand was harvested in 1900, 1950, late 1980's to early 1990's (blowdowns or wind damaged) and will be thinned again around 2030. The predominant species Red Alder and Red Cedar is approximately 70% covered with young but mature trees, at present, and will be selectively removed throughout the stand during the harvest, however, the 100 year old hand planted windbreak Cedars will not be removed unless they become a safety hazard. Berg Timber Management Plan (2007) Page 3 o f 4 220 9) Planting and restocking program: Stand is currently 70+1% covered. Restocking will occur to increase the percentage of Western Red Cedar and to replace trees removed during the thinning program. After the planned selective harvest in 2030, Cedars and Alders will be replanted in the areas best adapted for their growth. 10) Wildlife Habitat Enhancements: Wetlands will be preserved on property and snags are in place today and will remain in place as harvesting occurs. Several large cottonwoods will be left until they become a safety hazard in an effort to encourage the Blue Heron rockery that was in place two decades ago_ The plan also includes addition of wood duck nest boxes and developing a habitat more conducive for their safety as is present on the family owned tracts to the west. Landowners: / Brian Berg = - --�-— NoKBerg Berg Timber Management Plan (2007) Page 4of4 221 Dar:/Jejfce Pike - OST2008-1 WHA TCOM CO UNT Y OPEN SPA CE CLASSIFICA TION Property Owner: Dan and Jeffie Pike Designation: Open Space Timber 728 H Street Road Lynden, WA 98264 Parcel No.: 410235-232051;410235-230017 Parcel Acreage: 9.55 acres Subarea Lynden Nooksack Valley Acreage in OST: 5 acres Comp. Plan Desig. AG Road Access: Access is from 728 H Street Road Zoning Desig: AG Land Use: Selectively logged in the early 1990's Shorelines: N/A Land use history: Residential woodlot, livestock pasture Soil Type/Capabilities: #143 - Shalcar muck drained, 0-2 % slopes, Site Index* Red Alder - 85 #179 - Whatcom Silt loam, 3-8% slopes, Site Index* Douglas Fir - 116 #180 - Whatcom Silt loam, 8-15 % slopes, Site Index* Douglas Fir - 116 Limitations: Poorly drained, seasonal high water table, seasonal wetness causes muddiness and puddling, care must be taken to avoid compaction. Timber Management Plan Completeness (0=incomplete; l=satisfactory; 2=thorough) Information included :- Points Niax. Current Stand Description 2 2 Large Cedars and Douglas Firs selectively harvested in early 1990's. Three predominant species: Cedar, Maple, and Alder. Existing trees are well spaced to allow for future growth. Soils Description 2 2 Generally deep Woodland Soil Units. Less than 2% Shalcar Muck, acid soils. Erosion will be controlled by selective cut on sloped areas. Forest Health t 2 Understory vegetation, windfalls, and slash piles are managed to ensure seedling growth. Good access and trails provide fire lanes. Thinning Program 2 2 Seasonal thinning and tree maintenance will be conducted on an annual basis. Healthy trees may be thinned or transplanted to ensure adequate space for growth. Harvest Plan 2 2 Selective cut harvest will be based on Forest Practice Rules: hardwoods and windfalls will be prioritized. Windfalls will be left for nurse logs. Harvest will be evaluated every five years, 75% coverage at all times. Planting/Restocking Program 2 2 Cedars will be planted in open areas, adding soil if needed. Cedars and Douglas Fir will be planted in the hardwood understory, prior to thinning. Wildlife Habitat Enhancement 2 2 Seasonal creek drains into wetland which provides riparian habitat for song birds, raptors and waterfowl. Walking paths are maintained and act as corridor for Black Tailed Deer. Nest boxes are provided for Wood Ducks, and Passerines. Windfallen maples will remain as habitat for salamanders and mammals especially around wet areas. TOTAL: 13 t 4 Must receive at least 7 points for a staff recommendation of approval RECOMIN/lENDATION : APPROVAL 'Site index indicates how tall (in feet) an average tree will grow in 50 years. 222 OSP2007-00004 (OS/OS Application) Parcels: 410235-232051 - Dan/Jeffie Pike 410235-230017 /V Subject Property r-E USER'S --OW -Ip 10 ,f CO. C INI 2007 OSP2007-00004 (OS/OS Application) Parcels- 410235-232051 - Dan/Jeffie Pike 410235-230017 "OtiFoRm""O VIR Sr-om C.& + �V- 7007 S A/ Subject Property III` FVElov1�E r. Timber Management Plan for Pike Farm Landowner: Dan and Jeffie Pike 728 H Street Road Lynden, WA 98264 360-318-1420 danpi@msn.com Property Description: There are two tax parcels (# 410235 232051 000 at 5.0 acres and #410235 230017 000 at 4.95 acres) for a combined total of 9.95 acres. Five acres will be considered under Open Space Timber, the remaining divided between Open Space Open Space and residence. The property is located in northern Whatcom County at the beginning of the Bertrand Creek watershed, near Bertrand Creek. It was acquired in the year 2000. It consists of rolling hills with approximately 30-40 feet of elevation drop from west to east. The front southeast corner has 0-2% slope, the remaining has a representative slope of 6-12%. The prior owner used the property as a residential lot and for some cattle grazing. In the early 1990's it was selectively logged for large cedar and fir. Surrounding land consists of a mix of agricultural, timber, and residential use connecting to wetlands on the south. Landowner Objectives: Our long-term goal is to enhance the percentage of conifer species versus hardwoods. This would include a mix of old, mature, and young trees providing a healthy lowland conifer forest for both harvest and wildlife habitat. Current Stand Description: There are three predominant species including cedar, maple, and alder. In addition there are hemlock, vine maple, birch, and cottonwood. An approximate inventory of larger trees includes: Cedar (Thuja plicata) — 7 x 60", 5 x 40", 3 x 26", 12 x 20", 5 x 18", 9 x 12" Maple (Acer macrophyllum) — 2 x 70", 15 x 60", 2 x 58", 4 x 30" Alder (Alnus rubra) — 14 x 24", 15 x 10" Hemlock (Tsuga heterophylla) — l x 40", 2 x 28", l x 20", 2 x 16" Birch (Betula papyrifera) — l x 45", 3 x 26", 3 x 20" Cottonwood (Populus balsamifera ) — 10 x 12", 10 x 10" Soils Description: The property is located in USDA Soil Survey of Whatcom County as Map Unit [name Whatcom silt loam and Map Unit Symbols 143, 179, and 180. Under the layer of natural topsoil is silt loam on 8.5 acres. Unit 143 consists of L5 acres of Shalcar muck. The silt loam is exposed as either a sandy loam or liard clay. The site index rating for conifer. Douglas fir is 106 feet. Forest productivity for unit 179 and 180 is 143.49 cubic feet per acre per year. The erosion factor is 0.32 K for whole soil. Frosion in areas of 225 slope greater than S% will be controlled by selective cut. Topsoil will be provided in some areas for new cedar starts. Forest Health: Good road and trail access provide fire lines. To the east is open pasture, south is H Street Road, and west is residential clear space. The recent building project met the International Fire Code requirement for fire flow. Under story vegetation, windfalls, and slash piles are managed to ensure cedar start growth while balancing the need for wildlife habitat. Thinning Program: Due to recent windstorms many large rotten maples and firs either broke or uprooted. In addition, a recent building project required removal of some trees. New cedar starts will be planted and depending on individual success, poorly formed trees will be thinned. Health trees may be thinned or moved to ensure adequate space for growth. Thinning and tree maintenance will be an annual process. Harvest Plan: A selective cut harvest method will be used based on the Forest Practice Rules. Harvest will be evaluated approximately every 5 years with a goal to keep a minimum 75% covered at all times. Hardwoods and windfalls will be prioritized for harvest. Partial windfalls, snags, and some slash piles will be left for nurse logs and wildlife habitat. Planting Restocking: Remaining cedars are providing for natural regeneration seed stock and recruitment trees for a portion of the forest. Upon completion of building project, open edges on the northeast side of property will be planted. Cedars will be planted as ground becomes available due to thinning, windfall, or harvest of hardwoods. In addition, cedars and fir will be planted in hardwood under story to begin growth prior to thinning. Wildlife Habitat Enhancement: The property is adjacent to wetland on the southeast corner. A seasonal creek drains into the wetland_ This area consists primarily of cedars aging from 25-45 years old. These riparian leave trees will be preserved in this clump for amphibian habitat. Wildlife reserve trees and snags for hawks, pileated woodpeckers, flickers, varied thrush, and brown creepers are abundant on the entire property and will remain. Nest boxes are provided for wood ducks and passerines, in addition to natural holes in hardwood snags for barred owls. Portions of downed logs and brush, whether harvested or windfall will remain as nurse logs for trees and habitat for salamanders and mammals, especially around wet areas. Walking paths will be maintained as they provide an easy corridor for black tailed deer. 226 Jamieson '07-8 DST 2009-1 WIIATCOM COUNTY OPEN SPACE CLASSIFICATION Property Owner: Amy Jamieson 2400 E.Street Bellingham, WA 98225 Subarea: Foothills Subarea Comp. Plan Desig: Rural Forestry Zoning Desig.: Rural Forestry Shorelines: N/A Designation: Open Space Timber Transfer from Designated Forest Parcel No.: 390526 - 231495; 211429 Parcel Acreage: 19.3 acres Acreage in OST: 18.3 acres Road Access: Northeast of Canyon Lake Rd Land Use: Timberland Land Use History: Timberland Soil Characteristics #3 Briscot - Oridia, 30-90% slopes, woodland soils. Site Index* Douglas fir - 107. 1.2 % coverage. #18 - Blethen gravelly loam, 15-30% slopes, woodland soils. Site Index* Douglas fir- 110. 43.1 % coverage. #19 - Blethen gravelly loam, 30-60% slopes, woodland soils. Site Index* Douglas fir- 115. 2.3% coverage. #158 Squalicum gravelly loam, 30-60% slopes, woodland soils. Site Index* Douglas fir - 132. 2.2% coverage. #173 Vanzandt very gravelly loam, 5-15% slopes, woodland soils. Site Index* Douglas fi -125. 51.2% coverage. LimitationslConcerns: Muddiness caused by seasonal high water table, steep slopes can cause erosion. Competing vegetation. Seedling establishment - effective rooting depth limited by seasonal high water table. Timber Management Plan Completeness (0=incomplete; 1=satisfactory; 2=thorMali) Information Included Points Max Current Stand Description 2 2 Fully stocked mixed stands of Big Leaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, and Red Alder. The age of the timber ranges from 5 years to 60 + years. Soils Description 2 2 Good productive woodland soil units_ Forest Health 2 2 Overall health of timber is good, meets WAC 222-34-010(2) requirements. Harvest Plan 2 2 Northern parcel # 390526-231495: clearcut harvest the northern five acres circa 2030; clearcut harvest the remaining 4.69 acres circa 2040. Southern parcel # 390526-211429: clearcut harvest the northern 5 acres circa 2035; clearcut harvest the remaining 4.61 acres circa 2045. Cable logging system is recommended due to steep slopes. Thinning Program 2 2 Monitor growth of seedlings for five to seven years to ensure survival amongst competing vegetation. Planting/Restocking Program 2 2 Replant the first season after harvest with a mixture of Red cedar and Douglas fir: 12` X 12' spacing. Wildlife Habitat Enhancement 2 2 Timbered acreage provides good cover and habitat for wildlife. RECOMMENDATION: APPROVAL Must receive at least 7 points for a staff recommendation of approval *Site index indicates how tall (in feet) an average tree will grow in 50 years. 227 OSP2007-00008 (Transfer from Designated Forest) Parcel- 390526-231495 - Amy Jamieson M04FOR44 p '0* IV' jSc �F —GOM-,3U M'; �ISDArA:WUES r�t uSER S S'.Alt.E— 00 IV A/ Zoning Boundary F—T t 'V i v: +L Y a r - ....e°`+ •s ,. - o"� _ t'►'?' +.s_ f �� ir• j ...� �i +k ti� b: � i� s� t +i.. �, 'i`.,..h,, xw .y, } 3� r `_,,.. + y�a.. .� , �t..w• .s,. i.C1 ' , > a, _ ��w ;f i ,� �'` aY7'� � s. �•�'r.7"�..r �. ,,.�,� w.� - ,;}x`.± yg0.' -& .� "��}1. r ti �cxd'°xi Ra. r + - !•,. : Mlry � a. . �.a„-a,�� � °B,a.+� . y "°>-�.0. #-. � � � �,kt - i•� •� i i �}'°� -� 'S. h "L'....ap ?.yy'�7 ^+° „Cvv a� * i. 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'gem ' " Y i.�', "`�'�'-'.'�` ti'a53' da. �" � �''x--4�'�'•k ' r FOREST MANAGEMENT PLAN For WHATCOM COUNTY PARCEL & TAX ACCOUNT NUMBERS For Transfer From Designated Forest Classification TO Open Space Timberland Classification (RCW 84.34.020(3)) 390526-231495-0000 (9.69+/- Acres) N1/2 NE1/4 NWl/4 Exc W 660 feet of NEl/4 NWl/4, less Forest Protection Road Section 26 Township 39 North, Range 5 East of the Willamette Meridian Whatcom County Consisting of 9.69+/- Acres of Forest Land Located Via Mosquito Lake Road and Canyon Lake Road CURRENT LANDOWNER JILL K HILL 4490 S EL Pomar Road Templeton, CA 93465 NEW LANDOWNER AMY K BURNS 2400 E Street Bellingham, WA 98225 Prepared by David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 360-757-0052 April 13, 2007 RECEIVED APR 2 7 2007 Whatcom County P&DS 230 FOREST MANAGEMENT PLAN Whatcom County Parcel & Tax Account Numbers 390526-231495-0000 (9.69+1- Acres) Nl/2 NE1A NW1A Exc W 660 feet of NE1/4 NW1/4, less Forest Protection Road Section 26 Township 39 North, Range 5 East of the Willamette Meridian Whatcom County Consisting of 9.69+/- Acres of Forest Land Jill K hill is the owner of 9.69+/- acres of forestland described as the NI/2 NE1/4 NW1/4 Exc W 660 feet of NEL/4 NW1/4, less Forest Protection Road located in Section 26, Township 39 North, Range 5 East, W.M., Whatcom County. The 9.69 acres is currently classified as Designated Forestland. This Forest Management Plan is prepared for the Transfer of 9.69+/- acres of forest land from the Designated Forest Tax Program (RCW 84.33) TO Open Space — Timber (RCW 84.34.020(3)). This parcel is a portion of a larger acreage that was classified as Designated Forest (RCW 84.33) in t975. This property has been managed as forestland. The property is located at 6621 Canyon Lake Road. The property is accessed via Mosquito Lake Road and Canyon Lake Road. The current zoning is Mural Forest (RF). RF parcels in a single ownership have to be 20 acres in size. However, as per Whatcom County code 20.42.056, One (1) Single Family Dwelling is allowed per legal lot of record. The goal of the owner is to retain the integrity of the property by maintaining a stand of trees. This will provide for wildlife habitat, watershed management and recreational activities. The object is to provide for a future return on the investment through good forest management. The forested area is made up of one (1) type, or stand, of timber as follows; Acreage was determined using Whatcom County Assessor's data. Type l is 9.69+/- acres of a mixed stand of native species. Bigleaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, and Red Alder. This area was probably harvested first during the late 1920's. There have been numerous small selective harvests during the past 25 to 30 years. The age of the stand ranges from 5 years to 60+ years. This stand is fully stocked. Page 2 231 The Bigleaf Maple is size class 1, 2, 3 & 4 (D4H 3" to 24"). The Douglas Fir is size class 2 & 3 (D4H 8" to 12"). The Western Red Cedar is size class 1, 2, 3, & 4 (D4H 2" to 24"). The Western Hemlock is size class 2 & 3 (D4H 8" to 16"). The Black Cottonwood is size class 1, 2, 3, & 4 (D4H 4" to 24"). The Red Alder is size class 1 & 2 (D4H 1" to 10"). D4H is the diameter at 4 feet above stump height. This stand is fully stocked and meets WAC 222-34-010(2) requirements. There are three (3) soil types on the property. Soil data is from the USDA SCS and Washington State DNR Soil Survey of Whatcom County Area, Washington. Acreage for each soil type was determined by the use of a dot grid 3 1. ANDIC XEROCHREPTS, 60 to 90% slopes. The SCS soil number is 3. The DNR soil number is 0138. This soil is moderately deep to very deep and well drained. The 50 year site index is DF 113. This means that the average Douglas Fir will grow to a. height of 113 feet in 50 years. This soil is stable in a natural state and in a disturbed state. There are 0.3+/- acres in this soil type. D / Ff 1. BLETHEN GRAVELLY LOAM, 15 to 30% slopes. The SCS soil number i 18. = l j 0 The DNR soil nu er is unknown_ This soil is very deep and well drained. The 50 year site index is DF 11 This means that the average Douglas Fir will grow to a height of 115 et in 50 years. This soil is stable in a natural state and in a disturbed state. There art 9 /- acres in this soil type. 2. SQUALICUM GRAVELLY LOAM, 30 to 60% slopes. The SCS soil number is 158. The DNR soil number is 7502. This soil is deep and moderately well drained. The 50 year site index is DF 132. This means that the average Douglas Fir will grow to a height of 132 feet in 50 years. This soil is stable in a natural state and unstable in a disturbed state. There are 0.39+/- acres in this soil type. Forest Management Recommendations are as follows: Type 1 is a mixed stand and is an immature stand of mixed Red Alder, Bigleaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, and Black Cottonwood. This age of this stand ranges from 5 to 60+ years. It is recommended that one wait until about year 2030. Then harvest the northern 5 acres using the clear cut method. Use a cable logging system. Reforest following the First planting season after the harvest by planting 300 seedlings per acre. This is l2' X 12' spacing. Plant a mixture of 2-0 Douglas Fir seedlings and 2-1 Western Red Cedar seedlings per acre. One will need to monitor the growth of the seedlings for the first 5 to 7 years, or until they are growing above any competing vegetation such as salmonberry. Harvest the remaining 4.69 acres about year 2040_ Again harvest using a cable logging system. Reforest during the First planting season following the harvest. Monitor the growth of the planted seedlings to ensure the survival and are not over topped by competing brush species. Page 232 Economics indicate that one needs to harvest timber at about age 50 to 55 or compound interest on ones' investment will exceed any money received. It is also recommended that prior to any timber harvest one obtain the services of a Geo-Technical Engineer. This professional will evaluate the soils to ensure no damage occurs to property located down slope. A 2-0 seedling is 2 years old and was grown for 2 years in the same nursery bed. A 2-1 seedling is 3 years old, was grown for 2 years in the same nursery bed and has been transplanted and grown for 1 more year in a nursery transplant bed. This area has good ground cover for feed for wildlife. The trees provide good cover for wildlife during the winter. At some future date when the landowner chooses to do a timber harvest, it will be necessary to obtain an approved Forest Practice Application (FPA) as required by RCW 76.09 Forest Practices. This can be obtained from the Washington State Department of Natural Resources (DNR). The Northwest Region of the DNR is currently located on Highway 9 in Sedro-Woolley. The owner is allowed to harvest up to 5,000 board feet per year for his own use (not to be sold) without obtaining an approved FPA. Harvest activity creates logging debris, or slash. One must be aware that creating logging debris, or slash, within 100 feet of the running surface of a public road, or within 500 feet of homes, and/or businesses, requires abatement or elimination. Refer to State Law RCW 76.04.650 and WAC 332-24-650. Any timber harvested within the State of Washington pays a Yield Tax at time of harvest. The Department of Revenue collects the Forest Excise Tax. At the completion of a timber harvest it will be necessary to reforest the land as required by RCW 76.09 and WAC 222-34 Reforestation. It is recommended that the owner plant 300 Douglas fir 2-0 seedlings per acre during the first planting season following any timber harvest. The planting season is normally January through April. Tree seedlings are available from the Webster Nursery of the DNR that is located south of Olympia. The DNR at Sedro-Woolley will have current information regarding the purchase of tree seedlings. The planted seedlings will require monitoring for brush encroachment during the first 5 years, or until the planted seedlings are growing above any competition such as Salmonberry and Red Alder. Brush species can be controlled either by hand slashing (or cutting) or by the use of approved chemicals. If one uses chemicals, obtain information from the DNR or the County Extension Service for correct usage and dosage_ If one uses the hand slashing method, then it is recommended that this practice be done only during the months of July and August to prevent the sprouting of the cut stumps. It is recommended that the owner consider hand fertilizing of any planted Douglas Fir seedlings after the first growing season. Consider applying about t teaspoon (or about Page 4 233 0.01+ pounds per tree) of Urea fertilizer scattered around the base (4 to 8 inches from the seedling stem) of each planted seedling. The forest soils in Western Washington are Nitrogen deficient. This type of fertilizer application will last for 5 or more years. It is recommended that the owner obtain the services of a Licensed Land Surveyor to correctly establish the property boundaries. Have metal fence posts set about every two hundred feet apart on the property boundary. The owner should maintain these posts by checking to ensure they have not been removed each year. This assists in preventing trespass. It is highly recommended that the owner obtain the services of a professional forestry consultant prior to any timber harvest and reforestation activity. The DNR office at Sedro-Woolley can supply the owner with a list of professional forestry consultants. The consultant can assist the owner in obtaining an approved Forest Practice Application, finding a timber harvester, and reforesting the harvested area. It is also recommended that the owner have a professional forestry consultant do a detailed timber cruise and timber appraisal prior to any planned timber harvest. The owner understands that one must have 5.0 or more acres of forestland for the property to be classed as Open Space - Timber. The owner of record will pay any back taxes and/or penalties for any acreage withdrawn from the Open Space - Timber Tax Program. It is the owner's responsibility to protect the area from fire. This property is assessed for the State Forest Fire Patrol. The owner's responsibility is accomplished by paying the State Forest Fire Patrol assessment each year. Page 234 TAX ACCOUNT NUMBER MAP 390526-231495-0000 9.69+/- Acres N.ol aG. 390526-21 1429-00 9.6 +/- Acres 390526-234434-0000 1.00+/- Acres (Homes ite ) AM Y K BURNS 2400 E Street Bellingham, WA 98225 Tax Account #390526-231495-0000 N1/2 NE1/4 NWl/4, Exc W 660 Ft Thereof, Less Forest Protection Road Section 26 Township 39 North Range 5 East, W_M., Whatcom County Containing 9.69+/- Acres Scale 1" = 400' E a goo Scale in reel: Prepared By David N. Anderson FdMst<y Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 360-757-0052 235 AMY K BURNS 2400 E Street Belli�am, WA 98225 Tax Account #390526-231495-0000 SOIL TYPE MAP NI/2 NEU4 NWI/4, Exc W 660 Ft Thereof, Less Forest Protection Road Section 26 Township 39 North Range 5 East, W.M., Whatcom County Containing 9.69+/- Acres SCS # 18 DNR # Blethen Gravelly Loam 15 tp 'InO/ Cln- 9+/- Site Site SCS # 158 DNR # 7502 Squalicum ( 30 to 60% S 0.39+/- Acre Site Index C Site fI Scale 1" = 400' US#3 )NR # 0138 Andic Xerochrepts 60 to 90% Slopes 0.3+/- Acres Site Index DF 113 Site 111+ ff: S a 400 Scale in feet Prepared By David N_ Anderson Fo'restry Consultant 20I05 Gina Marie Lane Burlington, WA 98233-5207 3607757-0052 236 AMY K BURNS 2400 E Street Bellingham, WA 98225 Tax Account #390526-231495-0000 N1/2 NE1/4 NW1/4, Exc W 660 Ft Thereof Less Forest Protection Road TIMBER TYPE MAP Section26 Township 39 North Mange 5 East, W.M., Whatcom County Containing 9.69+/- Acres Scale l." = 400' Type 1 Mixed Native Species Maple, Cedar, Site Index DF Site [[I+ & [I Origin 1930 to Age 5 to 60+ } 9.69+/- Acres V E S o 400 scate in feet Prepared By David N_ Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 3607757-0052 237 FOREST MANAGEMENT PLAN For WRATCOM COUNTY PARCEL & TAX ACCOUNT NUMBERS For Transfer From Designated Forest Classification TO Open Space Timberland Classification (RCW 84.34.020(3)) 390526-211429-0000 (9.61+/- Acres) (Homesite parcel is 390526-234434-0000 1.0 Acre) NEIA NWl/4 Exc the N1/2 thereof & Exc W 660 feet of NEi/4 NWl/4, less Forest Protection Road Section 26 Township 39 North, Range 5 East of the Willamette Meridian Whatcom County Consisting of 9-61+/- Acres of Forest Land Located Via Mosquito Lake Road and Canyon Lake Road CURRENT LANDOWNER JILL K HILL 4490 S EL Pomar Road Templeton, CA 93465 NEW LANDOWNER AMY K BURNS 2400 E Street Bellingham, WA 98225 Pre;,�e David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 360-757-0052 April 13, 2007 RECEIVED APR 2 7 2007 Whatcom County P&DS 238 FOREST MANAGEMENT PLAN Whatcom County Parcel & Tax Account Numbers 390526-211429-0000 (9.61+/- Acres) NE1/4 NWl/4 Exc NI/2 thereof & Exc W 660 feet of NEl/4 NW1/4, less Forest Protection Road Section 26 Township 39 North, Range 5 East of the Willamette Meridian Whatcom County Consisting of 9.61 +/- Acres of Forest Land Jill K Hill is the owner of 9.61+1- acres of forestland described as the NE1/4 NW1/4 Exc the N1/2 thereof & Exc W 660 feet of NE1/4 NW114, less Forest Protection Road located in Section 26, Township 39 North, Range 5 East, W.M., Whatcom County. The 9.61 acres is currently classified as Designated Forestland. This Forest Management Plan is prepared for the Transfer of 9.61+/- acres of forest land from the Designated Forest Tax Program (RCW 84.33) TO Open Space — Timber (RCW 84.34.020(3)). This parcel is a portion of a larger acreage that was classified as Designated Forest (RCW 84.33) in 1975. This property has been managed as forestland. The property is located at 6609 Canyon Lake Road. The property is accessed via Mosquito Lake Road and Canyon Lake Road. The current zoning is Rural Forest (RF). RF parcels in a single ownership have to be 20 acres in size. However, as per Whatcom County code 20.42.056, One (1) Single Family Dwelling is allowed per legal lot of record. The goal of the owner is to retain the integrity of the property by maintaining a stand of trees. This will provide for wildlife habitat, watershed management and recreational activities. The object is to provide for a future return on the investment through good forest management. The forested area is made up of one (1) type, or stand, of timber as follows; Acreage was determined using Whatcom County Assessor's data. Type I is 9.61+/- acres of a mixed stand of native species. Qigleaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, and Red Alder. This area was probably harvested first during the late 1920's. There have been numerous small Page ' 239 selective harvests during the past 25 to 30 years. The age of the stand ranges from 5 years to 60+ years. This stand is fully stocked. The Bigleaf Maple is size class 1, 2, 3 & 4 (D4H 3" to 24")_ The Douglas Fir is size class 2 & 3 (D4H 8" to 12")_ The Western Red Cedar is size class 1, 2, 3, & 4 (D4H 2" to 24"). The Western Hemlock is size class 2 & 3 (D4H 8" to 16"). The Black Cottonwood is size class 1, 2, 3, & 4 (D4H 4" to 24"). The Red Alder is size class 1 & 2 (D4H 1" to 10"). D4H is the diameter at 4 feet above stump height. This stand is fully stocked and meets WAC 222-34-010(2) requirements. There are two (2) soil types on the property. Soil data is from the USDA SCS and Washington State DNR Soil Survey of Whatcom County Area, Washington. Acreage for each soil type was determined by the use of a dot grid 1�-_tV� 1. BLETHEN GRAVELLY LOAM, 15 to 30% slopes. The SCS soil number is 18. The DNR soil number is unknown. This soil is very deep and well drained. The 50 year site index is DF 115. This means that the average Douglas Fir will grow to a height of 115 feet in 50 years. This soil is stable in a natural state and in a disturbed state. There are 0.61+/- acres in this soil type. J�-I�3 2. VANZANDT VERY GRAVELLY LOAM, 5 to 15% slopes. The SCS soil number is 173. The DNR soil number is 8722. This -1 i moderately deep and moderately well drained. The 50 year site index is F 133 s means that the average Douglas Fir will grow to a height of 133 feet in 50 years. s soil is stable in a natural state and stable in a disturbed state_ There are 9+/- acres in is soil type. Forest Management Recommendations are as follows: 12S Type 1 is a mixed stand and is an immature stand of mixed Red Alder, Bigleaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, and Black Cottonwood. This age of this stand ranges from 5 to 60+ years. It is recommended that one wait until about year 2035. Then harvest the northern 5 acres using the clear cut method. Use a cable logging system. Reforest following the first planting season after the harvest by planting 300 seedlings per acre. This is 12' X 12' spacing.- Plant a mixture of 2-0 Douglas Fir seedlings and 2-1 Western Red Cedar seedlings per acre. One will need to monitor the growth of the seedlings for the first 5 to 7 years, or until they are growing above any competing vegetation such as salmonberry. Harvest the remaining 4.61 acres about year 2045. Again harvest using a cable logging system_ Reforest during the first planting season following the harvest. .Monitor the growth of the planted seedlings to ensure the survival and are not over topped by competing brush species. Economics indicate that one needs to harvest timber at about age 50 to 55 or compound interest on ones' investment will exceed any money received. Page 3 240 It is also recommended that prior to any timber harvest one obtain the services of a Geo-Technical Engineer. This professional will evaluate the soils to ensure no damage occurs to property located down slope. A 2-0 seedling is 2 years old and was grown for 2 years in the same nursery bed. A 2-1 seedling is 3 years old, was grown for 2 years in the same nursery bed and has been transplanted and grown for 1 more year in a nursery transplant bed. This area has good ground cover for feed for wildlife. The trees provide good cover for wildlife during the winter. At some future date when the landowner chooses to do a timber harvest, it will be necessary to obtain an approved Forest Practice Application (FPA) as required by RCW 76.09 Forest Practices. This can be obtained from the Washington State Department of Natural Resources (DNR). The Northwest Region of the DNR is currently located on Highway 9 in Sedro-Woolley. The owner is allowed to harvest up to 5,000 board feet per year for his own use (not to be sold) without obtaining an approved FPA_ Harvest activity creates logging debris, or slash. One must be aware that creating logging debris, or slash, within 100 feet of the running surface of a public road, or within 500 feet of homes, and/or businesses, requires abatement or elimination. Refer to State Law RCW 76.04.650 and WAC 332-24-650. Any timber harvested within the State of Washington pays a Yield Tax at time of harvest. The Department of Revenue collects the Forest Excise Tax. At the completion of a timber harvest it will be necessary to reforest the land as required by RCW 76.09 and WAC 222-34 Reforestation. It is recommended that the owner plant 300 Douglas fir 2-0 seedlings per acre during the first planting season following any timber harvest. The planting season is normally January through April. Tree seedlings are available from the Webster Nursery of the DNR that is located south of Olympia. The DNR at Sedro-Woolley will have current information regarding the purchase of tree seedlings. The planted seedlings will require monitoring for brush encroachment during the first 5 years, or until the planted seedlings are growing above any competition such as Salmonberry and Red Alder. Brush species can be controlled either by hand slashing (or cutting) or by the use of approved chemicals. If one uses chemicals, obtain information from the DNR or the County Extension Service for correct usage and dosage_ If one uses the hand slashing method, then it is recommended that this practice be done only during the months of July and August to prevent the sprouting of the cut stumps. It is recommended that the owner consider hand fertilizing of any planted Douglas Fir seedlings after the first growing season. Consider applying about l teaspoon (or about 0.01 + pounds per tree) of Urea fertilizer scattered around the base (4 to 8 inches from the Page 4 241 seedling stem) of each planted seedling. The forest soils in Western Washington are Nitrogen deficient. This type of fertilizer application will last for 5 or more years. It is recommended that the owner obtain the services of a Licensed Land Surveyor to correctly establish the property boundaries. Have metal fence posts set about every two hundred feet apart on the property boundary. The owner should maintain these posts by checking to ensure they have not been removed each year. This assists in preventing trespass. It is highly recommended that the owner obtain the services of a professional forestry consultant prior to any timber harvest and reforestation activity. The DNR office at Sedro-Woolley can supply the owner with a list of professional forestry consultants. The consultant can assist the owner in obtaining an approved Forest Practice Application, finding a timber harvester, and reforesting the harvested area. It is also recommended that the owner have a professional forestry consultant do a detailed timber cruise and timber appraisal prior to any planned timber harvest. The owner understands that one must have 5.0 or more acres of forestland for the property to be classed as Open Space - Timber. The owner of record will pay any back taxes and/or penalties for any acreage withdrawn from the Open Space - Timber Tax Program. It is the owner's responsibility to protect the area from fire. This property is assessed for the State Forest Fire Patrol. The owner's responsibility is accomplished by paying the State Forest Fire Patrol assessment each year. Page 242 TAX ACCOU" NUKA490 lap 390526-231495-000( 390526-211429-0000 9.61 +/- 390526-234434-0000 1.00+/- Acres (Homesite) ANIY K BURNS 2400 E Street Bellingham, WA 98225 Tax Account #390526-211429-0000 NE1/4 NW1/4, Exc N1/2 thereof, Exc W 660 Ft, Less Forest Protection Road Section 26 Township 39 North Range 5 East, W.M., Whatcom County Containing 9.61+/- Acres Scale 1" = 400' S O 400 Scale fn feet Prepared By David N. Anderson Forestry Cousuitarlt 20105 Gina Marie Lane Burlington, WA 98233-5207 360-757-0052 243 SCS # 173 DNR # 8722 Vanzandt Ve 5 to 15% Slo 9+/- Acres Site Index DI Site [I MY K BURNS 2400 E Street Bellingham, WA 98225 Tax Account #390526-211429-0000 SOUL TYPE MAP NE1/4 NW1/4, Exc N1/2 thereof, Exc W 660 Ft, Less Forest Protection Road Section 26 Township 39 Noah Range 5 East, W.M., Whatcom County Containing 9-61+/- Acres Scale V = 400' .S # 18 9R# Blethen Gravelly Loam 15 to 30% Slopes 0.61+1- Acres Site index DF 115 Site 111+ ill S a 400 Scole in ice" Prepared By David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 3607757-0052 244 AMY K BURNS 2400 E Street Bellingham, WA 98225 Tax Account #390526-211429-0000 NE1/4 NW114, Exc NIn thereof, Exc W 660 Ft, Less Forest Protection Road Section 26 TIMBER TYPE MAP Township Town39 North Range 5 East, W_M., Whatcom County Containing 9.61+/- Acres Scale 1" = 400' Type 1 Mixed Native Maple, Cedar, Site Index DF Site [It+ & [I Origin 1930 tc Age 5 to 60+ 1 9.61 +/- Acres V E S a 400 Scale In rao" Prepared By David N. Anderson Forestry Consultant 20105 Gina Mane Lane Burlington, WA 98233-5207 3607757-0052 245 WHATCOM COUNTY OPENSPACE CLASSIFICATION Whittaker'07-19 0ST 2008-1 Property Owner: Gardner -Whittaker Trust Designation: Open Space Timber 3922 Timothy Court Transfer from Open Space Ag Bellingham, WA 98226-7809 Parcel No.: 390323 045288 Subarea: Lynden Nooksack Valley Parcel Acreage: 8.21 acres Comp. Plan Desig: Rural Acreage in OST: 5.71 acres Zoning Desig.: R5A Road Access: 5904 Noon Road Shorelines: N/A Land Use: Home site/Timber Land Use History: Selective harvests since 1900 Soil Characteristics #11- Bellingham silty clay loam, 0-2% slopes. Site Index* Red Alder - 85. 20.8% coverage #62 - Hale silt loam, 0-2% slopes, woodland soils. Site Index*Douglas fir - 90. 12.4% coverage. #80 - Kickerville silt foams, 3-8% slopes, woodlands soils. Site Index*Douglas fir -119. 46.4% coverage. #179 - Whatcom silt loam, 3-8% slopes, prime Ag soil, woodland soils. Site Index*Douglas fir - 116. 12.3%. #180 - Whatcom silt loam, 8-15% slopes, woodland soils. Site Index*Douglas fir -116. Limitations/Concerns: Muddiness caused by seasonal wetness. Effective rooting depth is limited by seasonal high water table. Uncontrolled growth of competing plants may affect seedling establishment. Timber Management Plan Information Included Completeness (0=incomplete; 1=satisfactory; 2=thorough) Points Max Current Stand Description 2 2 Timber stand contains a mix of Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, Big leaf maple, Birch, and Red Alder. The age of the timber ranges from 5 years to 60+ years. The stand is composed of two units: East and West separated by a small field. Soils Description 2 2 Good productive woodland soil units. Forest Health 2 2 Stand is fully stocked and meets WAC 222-34-010(2) requirements. Harvest Plan 2 2 Harvest both stands using the clear cut method circa 2030. Thinning Program 2 2 Monitor growth of seedlings for five to seven years to ensure survival amongst competing vegetation. Planting/Restocking Program 2 2 Replant the first season after harvest with a mixture of Red cedar and Douglas fir.' 12' X 12' spacing. It is recommended to plant a forested strip along the northern boundary of the field: 5-6 rows of native species, 225 - 250 feet long 10 X10 spacing = 450 trees per acre. Wildlife Habitat Enhancement 2 2 Timbered acreage provides good cover and habitat for wildlife. TOTAL: 14 RECOMMENDATION: APPROVAL Must receive at least 7 points. for a staff recommendation of approval *Site index indicates how tall (in feet) an average tree will grow in 50 years. 246 OSP2007-00019 (Transfer from OSAG) Parcel: 390323-045288 - Gardner/Whittaker �QQPS `"FaR"4, p Gom Co 4-f USE O:—ArCOM COU—SGri DATA:MPUES THE USE R S 1007 GaY�� fis AGREEMENT wt TH THE F DLLOWNG i rATEMEN T a4 �rC CdJiV �rsCH�ms aM✓arra riy or merarera,P41'Y ar .vanamY ��"r..'.., orpres or m; map rd anv w�.Ta,ar p„raoee. i3rera.Pregn v .. ,. i�':'„__ mpreo No rape d,tonorzsa o..xrramyos magi a»cxmrg Te a¢urr'r`i r ryj N' F icY cwrency cmdeenr Rrai.N ar aarex >' AA,esar or:rv; maP aowmxe mre- xro on ms maP Z KK o'U ,penaaily ra usE Tereol,eM '.�"^aye Wyr a9rexi londc VJrelmm :aunty MrMass Yam lb a9a�nY a.ry i1, -�,'., ;.:... _ �Q aame9i.:oss or iaailY anarq aom env use of m,a maP C _,_ '-;� SI'a Zoning Boundary aOF�E�oPM�`� J 271 5 i]i 3iJ 1 J2i wi0 FOREST MANAGEMENT PLAN For WRATCOM COUNTY PARCEL & TAX ACCOUNT NUMBERS Application For Open Space Timberland Classification (RCW 84.34.020(3)) Portion of 390323-045288-0000 (5.71+/- Acres) Portion of South 425.36 feet of the West 870.06 feet of the S W 1/4 NW 1/4 Section 23 Township 39 North, Range 3 East of the Willamette Meridian Whatcom County Consisting of 5.71 +/- Acres of Forest Land (8.21 Total Acres) Located at 5904 Noon Road CURRENT LANDOWNER Gardner -Whittaker Trust Richard C P Whitaker & Margaret J Gardner, Trustees 3922 Ti nothy Court Bellingham, WA 98226-7809 Prepared by David N. Anderson Forestry Consultant 20105 Gina Marie Lane Burlington, WA 98233-5207 360-757-0052 September 2, 2007 249 FOREST MANAGEMENT PLAN Whatcom County Parcel & Tax Account Numbers Portion of 390323-045288-0000 (5.71+/- Acres) Portion of South 425.36 feet of the West 870.06 feet of the SWIM NW1/4 Section 23 Township 39 North, Range 3 East of the Willamette Meridian Whatcom County Consisting of 5.71 +/- Acres of Forest Land (8.21 Total Acres) The Gardner -Whittaker Trust, Trustees Margaret J Gardner and Richard C P Whittaker, is the new owner of 8.21 acres located at 5904 Noon Road. The description of the ownership is the South 425.36 feet of the West 870.06 feet of the SWl/4 NWl/4 of Section 23, Township 39 North, Range 3 East, W.M., Whatcom County. This land was classed as Open Space Farm & Ag, but was recently withdrawn. This application is to have 5.71 acres classed as Open Space Current Use (Timberland). This Forest Management Plan is prepared for the Application of 5.71 acres Open Space — Current Use (Timber) as per RCW 84.34.020(3). The forested acreage (5.71 acres) has been managed as forestland. The property is located at 5904 Noon Road. The current zoning is R5A. R5A parcels in a single ownership have to be 5 acres in size. One (1) Single Family Dwelling is allowed per 5 acres. The goal of the owner is to retain the integrity of the property by maintaining a stand of trees. This will provide for wildlife habitat, watershed management and recreational activities. The object is to provide for a future return on the investment through good forest management. The forested area is made up of one (1) type, or stand, of timber as follows; Acreage was determined from a recent aerial photo and a dot grid. Type l is 5.71 +/- acres of a mixed stand of native species. Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, Bigleaf Maple, Birch, and Red Alder. This area was harvested during the period of 1900 to 1920. There have been some small selective harvests (removal of individual trees) during the past 25 to 30 years. The age of Page 2 250 the stand ranges from 5 years to 60+ years. This stand is in two units that are separated by a small field. The East forested unit has 4.61+/- acres. The West unit has t.l+/- acres. The small field with the homesite has 2.5+/- acres. These two units are fully stocked. The Douglas Fir is size class 3 & 4 (D4H l 5" to 36"). The Western Red Cedar is size class 2, 3, & 4 (D4H 6" to 48"). The Western Hemlock is size class 2 & 3 (D4H 8" to 16"). The Black Cottonwood is size class 3 & 4 (D4H 12" to 30"). The Red Alder is size class 1, 2 & 3 (D4H 2" to 20"). The Bigleaf Maple is size class 2, 3 & 4 (D4H 10" to 30"). The Birch is size class 2 & 3 (D4H 6" to 20"). The Black Cottonwood is size class 2, 3 & 4 (D4H 10" to 24"). D4H is the diameter at 4 feet above stump height. This stand is fully stocked and meets WAC 222-34-010(2) requirements. There are five (5) soil types on the property. Soil data is from the USDA SCS and Washington State DNR Soil Survey of Whatcom County Area, Washington. Acreage for each soil type was determined by the use of a dot grid 1. BELLINGHAM SILTY CLAY LOAM, 0 to 21/o slopes. The SCS soil number is 11. The DNR soil number is 0494. This soil is very deep and poorly drained. The 50 year site index is RA 80. This means that the average Red Alder will grow to a height of 80 feet in 50 years. This soil is stable in a natural state and in a disturbed state. This soil type is mainly the field area. There is 1.5+/- acres in this soil type. 2. HALE SILT LOAM, 0 to 21/o slopes. The SCS soil number is 62. The DNR soil number is 2807. This soil is very deep and poorly drained. The 50 year site index is RA 90. This means that the average Red Alder will grow to a height of 90 feet in 50 years. This soil is stable in a natural state and in a disturbed state. There is 13+/- acres in this soil type. 3. KICKERV[LLE SILT LOAM, 3 to 8% slopes. The SCS soil number is 80. The DNR soil number is 3883. This soil is very deep and well drained. The 50 year site index is DF 109. This means that the average Douglas Fir will grow to a height of 109 feet in 50 years. This soil is stable in a natural state and in a disturbed state. The western portion of this soil type is in the field area and the area of the homesite. There are 3.41+/- acres in this soil type. 4. WRATCOM SILT LOAM, 3 to 8% slopes. The SCS soil number is 179. The DNR soil number is 9089. This soil is very deep and moderately well drained. The 50 year site index is DF l 16. This means that the average Douglas Fir will grow to a height of 116 feet in 50 years. This soil is stable in a natural state and in a disturbed state. There are 0.9+/- acres in this soil type. 5. W 4ATCOM SILT LOAM, 8 to l5% slopes. The SCS soil number is 180. The DNR soil number is 9090. This soil is very deep and moderately well drained. The 50 year site index is DF l 16. This means that the average Douglas Fir will grow to a height of 116 feet in 50 years. This soil is stable in a natural state and in a disturbed state. There is t.t+/- acres in this soil type. Page 3 251 Forest Management Recommendations are as follows: Type 1 is a mature stand of mixed native species with scattered smaller immature native species. This stand is a mixture of Douglas Fir, Western Red Cedar, Western Hemlock, Red Alder, Birch, Bigleaf Maple, and Black Cottonwood. This stand is made up of two units totaling 5.71+/- acres. This age of this stand ranges from 5 to 60+ years. One could harvest this area at any time one has a need for cash money. It is recommended that one consider waiting until year 2030 before any harvest. However, the Douglas Fir trees are large enough if one wished to harvest a few trees to have costumed sawed for home use to construct either a barn, garage, of even a home. It is recommended that one wait until about year 2030- Then harvest the two units using the clear cut method. Consider leaving a buffer, or screen along the edge of each harvest unit. One can use a ground based logging system, but only during the dry season (June to Mid -October). Reforest following the first planting season after the harvest by planting 300 seedlings per acre. This is 12' X 12' spacing. Plant a mixture of 2-0 Douglas Fir seedlings and 2-1 Western Red Cedar seedlings per acre. One will need to monitor the growth of the seedlings for the first 5 to 7 years, or until they are growing above any competing vegetation such as salmonberry. It is recommended that one consider foresting a strip along the northern boundary of the current field. It is recommended that one consider planting 5 to 6 rows of native tree species spaced about 10 feet apart. Space the planted trees about 10 feet apart within the rows. Each row will be about 225 to 250 feet long. 10' X 10' spacing equates to 450 trees per acre. Planting 6 rows will require a total of 150 seedlings. This will provide for a connection between the currently two timbered units. It will also provide for a wind break for the Northeast winds that occur within the area. One will need to eliminate the grass for each planting area. It is recommended that one scalp, or scrap off the grass sod in about a 3 foot square prior to planting each tree. An option will be to treat these 3 foot squares with a chemical. The Whatcom County Extension Agent will be able to recommend to you the correct chemical and mixture to use. One has to eliminate the grass competition to ensure survival of the planted tree seedlings. Economics indicate that one needs to harvest timber at about age 50 to 55 or compound interest on ones' investment will exceed any money received. A 2-0 seedling is 2 years old and was grown for 2 years in the same nursery bed. A 2-1 seedling is 3 years old, was grown for 2 years in the same nursery bed and has been transplanted and grown for 1 more year in a nursery transplant bed. The two timbered units have good ground cover for feed for wildlife. The trees provide good cover for wildlife during the winter. A well has been established for the single family home. A 100 foot radius well protection zone should be established and marked on the ground. No ground based Page 4 252 equipment should operate within this area. Timber can be harvested from within the zone provided one falls the trees away from the well and that the logs are yarded out of the zone via a cable, At some future date when the landowner chooses to do a timber harvest, it will be necessary to obtain an approved Forest Practice Application (FPA) as required by RCW 76.09 Forest Practices. This can be obtained from the Washington State Department of Natural Resources (DNR). The Northwest Region of the DNR is currently located on Highway 9 in Sedro-Woolley. The owner is allowed to harvest up to 5,000 board feet per year for his own use (not to be sold) without obtaining an approved FPA. Harvest activity creates logging debris, or slash. One must be aware that creating logging debris, or slash, within 100 feet of the running surface of a public road, or within 500 feet of homes, and/or businesses, requires abatement or elimination. Refer to State Law RCW 76.04.650 and WAC 332-24-650. Any timber harvested within the State of Washington pays a Yield Tax at time of harvest. The Department of Revenue collects the Forest Excise Tax. At the completion of a timber harvest it will be necessary to reforest the land as required by RCW 76.09 and WAC 222-34 Reforestation. It is recommended that the owner plant 300 Douglas fir 2-0 seedlings per acre during the fast planting season following any timber harvest. The planting season is normally January through April. Tree seedlings are available from the Webster Nursery of the DNR that is located south of Olympia. The DNR at Sedro-Woolley will have current information regarding the purchase of tree seedlings. The planted seedlings will require monitoring for brush encroachment during the first 5 years, or until the planted seedlings are growing above any competition such as Salmonberry and Red Alder. Brush species can be controlled either by hand slashing (or cutting) or by the use of approved chemicals. If one uses chemicals, obtain information from the DNR or the County Extension Service for correct usage and dosage. If one uses the hand slashing method, then it is recommended that this practice be done only during the months of July and August to prevent the sprouting of the cut stumps. It is recommended that the owner consider hand fertilizing of any planted Douglas Fir seedlings after the first growing season. Consider applying about 1 teaspoon (or about 0.01+ pounds per tree) of Urea fertilizer scattered around the base (4 to 8 inches from the seedling stem) of each planted seedling. The forest soils in Western Washington are Nitrogen deficient. This type of fertilizer application will last for 5 or more years. It is recommended that the owner obtain the services of a Licensed Land Surveyor to correctly establish the property boundaries. Have metal fence posts set about every two hundred feet apart on the property boundary. The owner should maintain these posts Page 5 253 by checking to ensure they have not been removed each year. This assists in preventing trespass. It is highly recommended that the owner obtain the services of a professional forestry consultant prior to any timber harvest and reforestation activity. The DNR office at Sedro-Woolley can supply the owner with a list of professional forestry consultants. The consultant can assist the owner in obtaining an approved Forest Practice Application, finding a timber harvester, and reforesting the harvested area_ It is also recommended that the owner have a professional forestry consultant do a detailed timber cruise and timber appraisal prior to any planned timber harvest. The owner understands that one must have 5.0 or more acres of foresdand for the property to be classed as Open Space - Timber. The owner of record will pay any back taxes and/or penalties for any acreage withdrawn from the Open Space - Timber Tag Program. It is the owner's responsibility to protect the area from fire. This property is assessed for the State Forest Fire Patrol_ The owner's responsibility is accomplished by paying the State Forest Fire Patrol assessment each year. Page 6 254 GARDNER-WH rrAKER TRUST SOIL. TYPE MAP Rigid C P Whittaker & Margaret I Gardner, Trustees 3922 Tunothy Court Bell'mgham, WA 99226-7809 Tax Account #390323-045288-0000 Portion of S 42536' W 870-06' SW I/4 NW I/4 Section 23 Township 39 North Range 3 East, W.M., SCS # 80 mom County DNR # 3883 Containing 5.71+/- Acres Forestland I Kickerville Silt Loam 8.21 Total Acres 3 to 8% Slopes 3AI+/- Acres Site Index DF 109 Site If1+ a SCS # 62 80 SCS # 1 0 DNR # 9090 z Whatcom Silt Loam 8 to 15% Slopes L 1+/- Acres Site Index DF 116 Site H- TCU _ 1 114 Caner Be7vveen Sectiom 22 & 23 n9N, R3E SCS # l 1 DNR # 0494 Bellingham Silty Clay Loam 0 to 21/o Slopes 1_5+/- Acres Site Index RA 80 Site III DNR # 2907 eHate Sift Loam 0 to 2% Slopes' 1.3+/- Acres i Site Index RA 90 Site III+ A i .. :I:.... . SCS # i 79 DNR # 9089 Whatcom Silt Loam t 3 to 8% Slopes 0.9+/- Acres $ Site Index DF 116 Site il- t2 : 460 Some in kaE -Prepared By David N_ Anderson Forestry Consultant: 20105 Gina Marie, Lane Btn-linpPn, WA 98233-5207 360-757-0052 255 GARDNER-WHMAKER TRUST TEMBER TYPE MAP Richard C P Whittaker & Margaret J Gardner, Trustees 3922 Timothy Court Bellingham, WA 98226-7809 Tax Account#390323-045288-0000 Type t Portion of S 42536' W 870.06' SW 1/4 NW t/4 Mixed Native Species won 23 Douglas Fir, Cedar, Township 39 North Site Index DF 109, t 16 & RA 80,90 age 3 East; W.M., Site III &Whatc1I Om County Origin 1920 to 2000 Containing 5.71+/- Ades Forestiand y Age 5 to 60+ Years 821 Total Acres 5.71 +/- Acres ` _ Scale i" = 400' a v� s 8 Iz 13 L / / East Forested Unit l f , 4.61+/- Acres �N �Xv� 1/4 Caner B eau i Sedioas 22 & 23 , T39K RJE A R Q 400 Scale bn kBE By David N. Anderson Fly Conmitmt mm Gina t4mi,e Lame Burfingtoq; WA9V33-5207 360-757-0052 256 WMATCOM COUNTY OPEN SPACE CLASSIFICATION Amsberry '07-20 0ST 2008-1 Property Owner: Subarea: Comp. Plan Desig Zoning Desig.: Shorelines: Eric Amsberry 11223 39th Avenue SE Everett, WA 98208 Blaine Birch Bay Rural R10A N/A Open Space Timber 400101 - 069102 Parcel Acreage: 16.8 acres Acreage in OST: 15.8 acres Road Access: West of 2900 Haynie Rd. Land Use: Timber Land Use History: Timber/Pasture Designation: New Application Parcel No.: Soil Characteristics # 179 - Whatcom silt loam, 3- 8% slopes. Prime Ag soil. Site Index* Douglas fir - 116. 82% coverage #180 - Whatcom silt loam, 8-15% slopes. Woodland soils. Site Index*Douglas fir- 116. 12.5% coverage. #181 - Whatcom silt loam, 30-60% slopes. Woodland soils. Site lndex*Douglas fir - 116. 5.5% coverage. Limitations/Concerns: Muddiness caused by seasonal wetness. Effective rooting depth is limited by seasonal high water table; subject to windthrow. Competing plants may affect seedling establishment. Timber ManaZement Plan Information Included Completeness (0=incomplete; 1=satisfactory; 2=thorough) Points Max Current Stand Description 2 2 Stand is a fully stocked deciduous hardwood forest: 85% Red Alder mixed with Cottonwood, Maple, Birch and Cherry. 40 year old Red Alder have reached maturity and are ready for harvest. Soils Description 2 2 Good productive woodland soil units. Forest Health 2 2 No significant evidence of insect infestation or diseases. Wind damaged trees, and uprooted trees are a problem affecting stand, trees should be cut and salvaged as damage occurs. Harvest Plan 2 2 Clearcut harvest Red Alder within the next 2 years using ground based logging system during dryseason. Leave remaining species to offer protection to newly planted seedlings. Thinning Program 2 2 Newly planted seedlings will be monitored; competing vegetation will be controlled using mechanical or chemical means. Planting/Restocking Program 2 2 Replant a mixture of 30% Douglas Fir, 30% Western Red Cedar, 30% Red Alder, and 10% Western Hemlock during first winter following harvest using 12' X 12' spacing. Wildlife Habitat Enhancement 2 2 Standing dead or dying trees will be retained at 3 snags per acre to provide wildlife habitat. Native berry and nut trees will be planted on the NE corner of the property to increase wildlife habitat diversity. RECOMMENDATION: APPROVAL *Site index indicates how tall (in feet) an average tree will grow in 50 years. 257 OSP2007-00020 Parcels 400101-069102 - Eric Amsberry 1 / v Zoning Boundary, ] �i0 129il rru l F— USE OF w TCOM COUNT 3 CIS DATA IMPLIES THE USEP. S ACHEEMENTWTH THE FOLLOrv!NC STATE•.% E:IT yMel.om Cawny bsC'dms iry warrJmy al merG'urL�any ar nar: only I. d rnrosEl:rs map lot anv panrcaN: papa: care: xnress or •npl.:E Na reprxsaAJlnnrrxarranY•imaExmrcxrvgmeaixur- y:urenqamdNen:ssarEuv+Ya/EalaE1an:•I.s nup �sxer allnis MpJswmes Nl respnonAlyY for vsx Mreal artl k ragre :o halE Nnalmm Ooumylurmass tom can ,Sans en. pamasx loss or uao-ur ,riarg }om any ua=al ln�s may vP,R"IOM /p COG 8i s 3007 v W _ Q- yc G OFPEI.O PWEN Iwo I •. ' p 1EWA « _ .• 9 -- _ - ■ e �' - ' ado• •'' -. '. " •r ,q " ' S'� . _,,.bye Prepared;: or4•. Susan A soar.'F' '_ti.•{ Fy ... Vl Z23 39th ave ue 3 r - - s f : • r_veretf MA •. 1 Y , .' . "--(425) 338-0314 Property -and Lo#r. 0 acres located �n _ ;:.a Sectionf _1 `b. nship 40 North, Rang ` 1R fast;: a ` Tax Accent. Nos. 400101 06910� 0000 "._ - - -o• Prepared b 4 - .- •• ' --' - p Y, k 6 -Eric J. Amsbery L f ' 11223 39th Avenue SE` Everett, WA 98208 ; = (425) 338-0314 - - Date 4 _.:__ November 2, 2007 Table Of Contents Subject Page Management Objectives 3 General Property Description 4 Ownership History 5 Resource Description and Recommendations Forest Health 6 Timber and Wood Products 8 Soils 13 Water Quality, Riparian and Wetland Areas 14 Fish and Wildlife Habitat 15 Threatened and Endangered Species and Cultural Resources 19 Aesthetics and Recreation 20 Management Timetable 21 Forest Stewardship Plan Summary Checklist 23 Forest Stewardship Plan Signature Page 24 Attachments Soil Map 25 Elevation map 26 Orthophoto 27 Planting Plan 28 RECEIVED DEC 12 2007 LONG RANGE PLANNING DIVISION Page 2 261 Management Objectives 1) Maximize the long- term value of the timber and land and other forest resources. 2) Protect and enhance wildlife, and wetland resources. 3) Manage for recreational uses that are compatible with forest resource management on private property. Page 3 262 General Property Description The Amsberry forestland is located in Whatcom County 6 miles east of Blaine, Washington. The property is reached by driving on 1-5, taking exit 270. Head east on Birch Bay Lynden Road for 1.5 miles. Turn North on Stein Road for 3.3 miles. Turn West on Stein Hill Lane and driving .3 miles. The total ownership is 16.80 acres as determined by the Whatcom County Assessor. The legal description of the property as shown by the Whatcom County Assessor is the following: Parcel The north half of the southwest quarter of the southwest quarter of section 1, township 40 north, range 1 east of W.M., together with an easement for ingress and egress filed under A.F. #1194412 The elevation of the property ranges from 300 feet along the east property line to 360 feet along the west property line. Land to the north, east and south of the Amsberry property is rural residential with houses and forests. The property to the west is forested, with no land improvements. Page 4 263 The Amsberry's purchased the property in 2000. Since purchasing the property, general brush maintenance and tree blow -down clean-up has been accomplished. A shop/barn was built in 2005 to aid in the management of the forest. Prior to 2000, the land was used for grazing a small herd of cattle by the Pendleton's, who were the previous owners. Page 5 264 Resource Description & Recommendations Forest Health There are no significant diseases or other forest health problems on the Amsberry forestland. There are some trees that are affected by a variety of common diseases and physical problems, but no specific areas where disease is significantly impacting stand health and development. Diseases The Amsberry's forestland is primarily deciduous hardwoods, with the exception of two Douglas fir trees. There are no diseases that are currently visible. Weather Wind damage from seasonal storms is probably the most significant problem affecting trees on the Amsberry's forestland. The timber has numerous trees with broken tops and limbs caused by wind. These trees should be cut and salvaged as the damage occurs, with the exception of leaving enough wildlife recruitment trees as described in the wildlife section of this plan for those species that use cavities_ The breaks in the trees are access points for disease spores that will gradually rot the trees from the top down. Storm winds occur most frequently in the months of November, December, and January. The high winds damage the trees causing breakage and uprooting. In hardwood stands breakage is the most severe problem. Because hardwood trees have wood with short fibers, they are more brittle than long fibred conifer trees and tend to break in strong winds. The resulting damage can be anything from a few limbs to half the bole of the tree. When an alder tree is severely damaged by wind breakage it becomes susceptible to a variety of fungi and eventually dies. Severe wind damages conifer trees by breaking tops and limbs and uprooting the trees. Most windstorms occur during the winter months when the soil is heavily saturated with water. The water decreases the bond between the soil particles and the tree roots and makes the trees very susceptible to wind -throw. Clear-cut logging exposes edge trees in adjacent stands to strong winds and often leads to significant wind -throw during post harvest seasonal storms. To eliminate this problem, harvest units should be planned so that the boundaries of the harvest are designed with the contours of the land and in anticipation of the direction of storm winds. When occurring on a large scale, wind- thrown trees and debris should be salvaged. The harvest of these trees will prevent further damage to adjacent trees and the introduction of disease (although hardwood dominated stands are generally less susceptible to bark beetles and other damaging insects that might get their start in wind throw). Page 6 265 Resource Description & Recommendations Forest Health Fire Fire hazard management will be a concern as future logging occurs. To reduce fire danger, large piles of logging slash and limbs should be burned during the wet times of the year. Greenbelts free of logging slash should also be maintained around existing and future structures so that a ground fire will not have sufficient fuel to spread. The property is adjacent to and accessible by Stein Hill Lane, which can be accessed by fire fighting equipment in the event of a forest fire. Animal Damage There is evidence of animal damage to trees on the Amsberry's forest. Minor damage to young trees from black -tail deer can be found on the forest but is not serious enough to warrant treatment. Deer browse is particularly noticeable on Western red cedar and Douglas- fir seedlings. In May and June the soft green shoots are a preferred food for black- tail deer. Plantations of pure cedar can be difficult to establish since the shoots of the tree are continually browsed during the early summer. Once the terminal foliage reaches a height of five feet or more, it is beyond the reach of the deer and browsing occurs only on the lateral shoots. In addition, over time the growth of brush species provides a barrier to the animals, making them less likely to browse the trees. From this point on the trees continue to grow in height and the browse damage becomes insignificant. Deer browsing seldom kills a tree. The trees can be treated with a spray made from dried pig's blood. The solution is a very effective deer repellent and lasts for a couple of months. Young saplings can also be damaged in late September when the buck deer rub their horns on them during the rutting season. Most of the rubbed trees eventually recover as the wounds grow over with new bark. Page 7 266 Resource Description & Recommendations Timber and Wood Products Forest Stands There is one primary forest stand on the Amsberry property. It is an even aged stand of 85% Red Alder; the age is estimated at 40 years. There is a random mixture of birch and cherry trees. There are a few Black Cottonwoods and Big Leaf Maple trees along with two Douglas Fir Trees. The stand is well -stocked, and dominant trees have reached commercial saw log size. Timber Economics The timber stand information can be used to draw a number of conclusions about the economic considerations for timber harvest on the Amsberry property. There is merchantable timber in the stand. The estimated total volume of mature Alder in this stand is ten thousand board feet per acre. The estimated stumpage value of the timber on this stand is about $175,000. In order to maximize the timber value on the property the stand should be managed to achieve maximum volume growth and yield. Due to the maturity of the Alder stand, it should be harvested at any time. Thinning would not be recommended due to the age of the stand. The alder trees in this stand are beginning to decline from age and their value will probably diminish over time. The stand should be clear-cut of Red Alder when harvested. Cherry, Birch, Big Leaf Maple, Vine Maple, Cottonwood and Douglas Fir trees will remain. It would be best to harvest the stands when prices are high and the weather is dry. Harvesting timber during the dry months of the year minimizes road construction and logging costs. Whenever harvesting is done, a mixture of Douglas- fir, western hemlock, and western red cedar and Alder should be planted. These are to be in separate stands, and allowing enough separation so the Alder does not interfere with the conifers. A mixed conifer and deciduous stand will provide different products such as poles, saw logs, and pulpwood. Product diversity will make it easier for the owners to market commercial thinning volume and make them less dependent on the log price of a single species. Future harvests should also coincide with favorable market conditions and log prices. This will require an optimization approach to timber harvesting that balances the landowner's financial needs with the constraints of the market. Market timing will have a greater impact on the profitability of timber harvests than any of the other operational factors. While species diversity can present marketing problems, it also has the benefit of expanding marketing opportunities. There is seldom a time when the markets for all species are poor_ Page 8 267 Resource Description & Recommendations Timber and Wood Products Timber Harvest There are two basic types of timber harvests, even -aged and uneven -aged. Even - aged harvest occurs when all or most of the trees in a stand are cut in one operation. This type of harvest removes all of the growing stock and reforestation of the site is necessary to establish a new stand. Even -aged harvesting is often referred to as "clear -cutting". Uneven -aged harvest occurs when one age class, size, species, or other group of trees is removed from a stand in favor of another, and the remaining trees are left to occupy the growing space. Reforestation is usually unnecessary after uneven -aged harvests since the site remains occupied by trees. This type of harvesting is normally done in mixed- aged stands or in even -aged stands where species mix and natural differentiation has created a multi -layered canopy structure. Uneven -aged harvesting is often called "selective harvesting". It is important to understand that each of these harvest methods is used to achieve specific objectives. Clear -cutting is done when the objective is to maximize the harvest value of a mature stand and create a new stand of trees for future growth. Selective logging is done to satisfy other objectives such as thinning, habitat improvement, or harvesting specialized forest products. There are limitations to each type of harvest. Selection harvesting can only be done on sites where ground based equipment can operate and individual trees can be harvested from a stand without damaging remaining trees. This type of harvesting is impractical on steep slopes and difficult terrain. Clear -cutting with cable systems does the least damage to soils because there is no machinery operating on the ground. Clear -cutting, however, is only suitable as a final harvest technique. Even -aged harvesting of Alder should be the preferred method for harvesting mature timber on the Amsberry's forest and producing a new stand of trees. The Adler consists of 85% - 90% of the timber stand, and the few remaining trees will provide some protection for seedlings along with existing wildlife habitat. Even -aged harvesting will allow for successful reforestation of harvest sites and will result in a young forest that maximizes growth and yield and can be managed as an integral unit. tong- term management of the forest should emphasize stand management versus micro site or single- tree management. Sensitive areas such as wetlands, slopes, and unique wildlife habitat can be managed as "no harvest areas". These sites can be identified and appropriate measures taken to ensure that all activities are done in compliance with existing forest practice rules and regulations, and best management practices. Resource protection concerns are a normal part of the forest practices permitting process and will be addressed in a harvest plan and permit application. Page 9 Resource Description & Recommendations Timber and Wood Products Logging conditions and operability are very favorable on the Amsberry property. All of the areas can be harvested using ground- based machinery such as a track- mounted shovel or ground skidding equipment. Logging should be done during the dry time of the year. Harvest Plan The owners should harvest this stand over the next couple of years. The logging should be done in July through September when the ground is as dry as possible. Logging should also take place when log prices are good. The current log markets are very good for Red Alder. Harvesting should be done with a track- mounted shovel, a feller- buncher, and a log processor. A forest practice permit can be applied for at anytime and is good for 2 years. The permit is issued by the Department of Natural Resources and can be renewed for additional 2 years. Roads Stein Hill Lane borders the property from the south, there is a driveway on the southeast corner of the property, and supplemental access off Stein Hill Lane can be accomplished in the summer months when logging is conducted. Annual road maintenance is currently in place on Stein Hill Lane, and will continue to be accomplished year round. Ditches and culverts are cleaned and checked regularly and maintained so that water flow is not obstructed. Problems with plugged ditches and culverts occur during autumn and winter rainstorms. Checking and cleaning -during the late summer -will preclude road damage and expensive repair. Grading of roads should be done prior to and after completion of harvest activities. Grading the roads with a slope to the running surface will ensure that water flows in the ditches and not down the center of the roadbed. Silviculture Following timber harvest, site preparation and tree planting will be done. Current logging practices and standards of merchantability leave a harvest site very clean and additional site preparation is seldom necessary. Burning large landing piles may be required to minimize fire hazard. If necessary, pile burning will be done at a time of year when fire danger is minimal. Make sure that all of the burnable logging debris is kept at least 200 feet from any buildings. Tree planting will occur during the first winter season following timber harvest. The site should be planted with Douglas- fir, western hemlock, western red cedar and red alder seedlings on a spacing of twelve foot by twelve foot, or 302 trees per acre. Western hemlock and Western red cedar can be mixed in with Douglas- fir throughout the property. Western red cedar is a valuable commercial species and is beneficial to numerous wildlife species. Diversity in the plantations will occur over time as thinning is done, providing space for the natural regeneration of other species. Page 10 269 Resource Description & Recommendations Timber and Wood Products This may be desirable in the future as the value of alder increases. Mixed plantings of hardwoods and conifers are difficult to manage because the rapid early growth of hardwoods suppresses the slower growing conifers, especially Douglas- fir. Two acres on the north east corner of the property will utilize a much wider tree spacing, to introduce native berry and nut trees to encourage a broader diversity of wildlife. Douglas -fir forests are one of the most productive plant communities on earth. The biomass production per acre of this forest community exceeds that of even the tropical forest types. The species and associated plant community thrives in our region and will produce more volume and value over time than any other tree species. Douglas- fir will grow well on the Amsberry property and will be mixed with Western Red Cedar and hemlock. A spacing of 12 feet by 12 feet with 30% Douglas- fir and 30% Western red cedar, 30% Red Alder and 10% Hemlock would be an ideal reforestation regime for the site. Where pure alder stands are desired, it is anticipated that volunteer alders will seed in naturally, adding to the density of the stands. Brush control will be required in the second or third year after plantation establishment. Competing vegetation such as salmonberry, blackberry, and elderberry can suppress the growth of the planted trees and lead to mortality. These species can be controlled by herbicide application or hand treatment. The most effective and least toxic herbicide used for forest brush control is Accord, the same chemical compound as Roundup only registered for forestry use. The chemical is applied to brush species in September and the affected plants die over the dormant season and do not emerge the following spring. The chemical is effective on grasses almost any time of the year. Accord has a low toxicity and is environmentally safe. Backpack sprayer would be the most practical method this site. For a backpack spray solution add 1 ounce of accord per gallon of water. Also add 1 ounce of LI 700 surfactant to the 3 to 4 gallon backpack mix. Spray the chemical when no wind or favorable wind is present. Use a mask and safety goggles while spraying. A plastic spray cone should be used on the end of the spray wand to direct the spray mist to the target site. The cone should be very close to the target plants to avoid drift. The chemical will only affect the plants that are sprayed. There is no systemic movement of the chemical. Spray brush species in August and September. The chemical will not kill woody brush in early summer when the plants are actively growing. All flowing or standing waters should be buffered according to forest practice rules. Do not allow the spray solution to enter the buffers. In addition to using chemicals, the brush can also be hand cut with a machete or chainsaw. Hand cutting does not kill the plants so it is necessary to repeat the treatments until the trees outgrow the competing vegetation. Page 11 270 Resource Description & Recommendations Timber and Wood Products Using a wider tree spacing, twelve foot by twelve foot, no thinning will be required. Final harvest of future plantations should occur when investment value and the growth and yield of a stand are optimized. This is a function of the mean annual growth of the stand and the desired rate of return on investment. Rotation age, or age of final harvest for the stand, should be about 35 years for Red Alder and 50 years for conifer species based upon the average site quality of the Amsberry forest and the current rates of return on alternative investments. As a general rule, longer rotations result in less profit due to the slowing growth of the stand and the increasing carrying cost of the capital that was initially invested in the stand. Actual harvest age will vary depending upon changing circumstances, management objectives, and the financial needs of the owners. A well space stand of timber can continue to grow and increase in value for many years. Page 12 271 Resource Description & Recommendations Soils The following soil information for the Amsberry property is derived from the soil survey of Whatcom County area, Washington Whatcom silt loam, 0-3 percent slopes, is the dominant soil on the property, with several acres in the 3-8 percent slope phase. This very deep moderately well drained soil is in the higher areas of glaciomarine drift plains. It formed in a mixture of loess and volcanic ash over glaciomarine drift. Permeability is moderate in the upper part of the Whatcom soil and slow in the lower part. Available water capacity is high. The effective rooting dept is limited by a seasonal high water table, which is at a dept of 1.5 to 3 feet from December through April. Runoff is very slow. The average topsoil is 8" - 18", very rich in organic matter, and high in nitrogen due to the Alder stand. Approximately 6' of clay is located under the topsoil. Erosion is not a concern on the property, 13 acres of the property is flat, the front three acres has a slope to it, but it is currently a field, and will not be affected by logging. Because of the nearly level slope, this soil remains saturated for longer periods, delaying the use of equipment, increasing the hazard of puddling, and shortening the effective growing season. On the basis of a 100 year site curve, the mean site index for Douglas fir is estimated to be 154. On the basis of a 50-year site curve, it is estimated to be 116. The main limitation affecting timber harvesting is the muddiness caused by seasonal wetness. This limits the use of equipment to dry periods. The use of wheeled and tracked equipment when the soil is wet causes excessive rutting. Using low pressure ground equipment can minimize damage to the soil. Unsurfaced roads are soft when wet and are subject to deep rutting during rainy periods. Logging roads require suitable surfacing year around. Equipment and logs on the surface result in a high degree of compaction when the soil is moist. Page 13 272 Resource Description & Recommendations Water Quality, Riparian and Wetland Areas Streams There are no fish bearing streams on or near the Amsberry property Sediment Control Sediment input to streams from land management activities can be detrimental to fish and other aquatic creatures. Fine sediment from roads and harvest areas can cause turbidity that could be harmful to fish. Excessive amounts of fine sediment can limit reproduction by burying spawning beds. Coarse sediment from landslides or road failures can bury channel habitat structures. Severely aggraded channels are often characterized by sub -surface flows during dry seasons. Maintenance of well -drained roads is a major step towards limiting production of fine sediment. Frequent cross -drains reduce ditch erosion and minimize road failures by preventing saturation of fills. Energy dissipaters, such as rock- outfalls and flumes, reduce erosion of slopes by road drainage. Non- erodible surfacing, restriction of log hauling to dry periods, and re -vegetation of exposed mineral soils are other techniques for limiting fine sediment production. The driveway and gravel roads on the Amsberry property are not delivering fine sediment to any streams. There is no visible indication of surface water entering any streams from the gravel road surface or ditches. Page 14 273 Resource Description & Recommendations Fish & Wildlife Habitat Fish Protection of fish will not be required, as the Amsberry forest is not in close proximity to any streams or rivers Wildlife All wildlife requires food, water, space, and cover (for reproduction, hiding and shelter from the elements). A key to determining how to support the greatest number of species as well as the highest number of individual animals on the property is to create the maximum amount of "habitat diversity" within the constraints of other management objectives. Habitat diversity can be achieved by managing the forest for a variety of plant species. Different sized trees and a variety of structural features will provide habitat for numerous wildlife species. Even -aged management can produce stands with different ages and structural characteristics across the landscape, even though age diversity may be lacking within individual stands. Careful planning and management to assure a diverse vegetative component can increase wildlife species diversity. Habitat diversity is a management goal that can be achieved over the ownership with a mix of different aged stands, but may be difficult and impractical to manage for on each individual acre. A well- managed forest that is growing timber will also produce excellent wildlife habitat. The Amsberry property can be expected to support most of the vertebrate wildlife species found in the low elevation forests of western Washington. Some of the bird species observed or known to occur on the property include, red -shafted flicker, downy and pleated woodpecker, black -capped chickadee, winter wren, common crow, common ra-ven, rufous humming bird, varied thrush, dark and Stellar's jay. Mammal species common to the forest include snowshoe hare, Douglas -squirrel, common gray squirrel, possums, American skunk and black -tailed deer. Special Habitat Features Special habitat features can be preserved, supplemented, or introduced to the Amsberry property to improve the overall structural diversity for wildlife. These features include snags, downed wood, and piles of brush, forest openings and wetland area. The following recommendations will increase the number of special habitat features found on the property. Snags There are numerous Alder snags located on the Amsberry property. Standing dead or dying trees, or snags, provide places to feed, hide, build nests or dens, and for rest to many species of birds and mammals. Snags of different tree species and sizes, and in various stages of decay supply habitat for more than 100 species of birds and mammals in the forests of western Washington. Page 15 274 Resource Description & Recommendations Fish & Wildlife Habitat More than 60 of those species are cavity nesters and require dead and dying trees to either construct their cavities or utilize previous cavities made by other birds. Snags are one of the most important habitat features in western Washington forests and are found in stands of all different ages. An estimate of the minimum number of snags per 10 acres that must be maintained over time to assure that cav-ity- using species will persist is: A minimum of 3 snags per acre should be maintained. The snags need to be 10 or more feet in height and 12 or more inches in diameter. In addition, a minimum of 2 green trees should be maintained to become future snags. These green recruitment trees should be 10 or more inches in diameter and 30 or more feet in height (at least one third of which is in live crown). Snag retention and green tree recruitment are requirements for timber harvest forest practice permits. Some ways of maintaining the snag component over time are: 1) Leave all existing standing dead or dying trees where safely possible. However, trees killed by root rot probably will not remain standing long enough to become good quality snags. Allowing trees that are dying through natural processes to remain standing, helps to assure that the forest has a healthy snag component. Depending on tree species and other condi-tions, it may take 5 years or more from time of death for a snag to decay sufficiently for primary cavity nesting habitat to be provided. However, a large diameter snag may be used by wildlife for well over 50 years, depending on its species and the kinds of decay and other factors to which it is subjected. - 2) Identify and mark live trees that can be left to become snags in the future (green recruitment trees). These can be trees that are defective in some way, such as having a crooked bole or heavy, low growing limbs. Where possible, it is best to clump recruitment trees together along the boundaries of the stand. Topping trees to create snags (with a chain saw or by blasting) is the preferred method because topped trees tend to rot from the top down and from the in -side out. Girdled trees tend to rot from the bottom up, and thus are more likely to fall over in a relatively short period of time. However, girdling trees at the desired point of breakage can be utilized in lieu of cutting or blasting tops and will produce similar results. Snags and green recruitment trees will be most useful to wildlife if they are generally grouped to-gether in clumps, rather than evenly distributed throughout the landscape. 3) Tall stumps will also be used by some species. Do not remove any existing tall stumps. When harvesting timber leave stumps at least 3 feet, and preferably 5 feet or more in height. This will enhance the habitat for cavity nesting wildlife. Trees with obvious butt rot or defective swell or sweep, are excellent candidates to be left as tall stumps. Page 16 275 Resource Description & Recommendations Fish & Wildlife Habitat 4) Cavity usage can be improved by placing nest boxes in appropriate locations. Generally, no more than one nest box per quarter acre should be installed. Woodpeckers will not use nest boxes and must have snags. Nest boxes are best placed in young plantations or young stands with a low number of snags. Boxes are usually not necessary in older diverse stands that contain existing snags or defective trees. Boxes are a short-term enhancement feature but do not replace snags. Snags are also used for foraging and perch sites, features that cannot be supplied by nest boxes. An exception is the placement of wood duck boxes and small nest boxes for swallows and martins around aquatic areas. Another exception is the placement of small boxes and bat boxes around clearings and buildings for swallows, wrens, nuthatches, chickadees, and bluebirds. Downed Wood Wood left on the forest floor is beneficial in many ways. Small diameter materials will decay fairly quickly, contributing nutrients to the forest system. Large diameter togs decompose more slowly and are used as perches, roosts, foraging sites, hiding places, den and nest sites, and other functions by many species including some am-phibians and reptiles. Like snags, downed wood is host to more than 100 wildlife species in western Washington. It is a very important wildlife habitat component of stands of all age and size classes. Also like snags, the largest pieces are the most beneficial and will last the longest. However, small pieces are also helpful and should not be ignored._ A diverse western Washington forest should have at least 2 downed logs per acre with small end diameters greater than 12 inches and lengths greater than 20 feet. Smaller diameter trees left on the forest floor will also contribute to the structure of the forest. 1) Place downed trees and slash on the ground where possible. 2) Leave available large diameter rotten logs. 3) If stands are thinned, leave some or all of the larger poles on the ground. Leave branches and other small diameter materials on the ground to decompose and enhance the soil nutrients. If heavy amounts of slash remain after thinning, lop and scatter or gather and stack trees removed in the thinning process to provide access for deer. Brush Piles Create brush piles using branches from wind -throw, slash, or pruning_ Such brush piles can form important nesting and hiding habitat for birds like the winter wren and many small mammals. This can be done quite easily when shovel logging a site. Piling areas that have heavy slash is normally done to create planting sites. Page 17 276 Resource Description & Recommendations Fish & Wildlife Habitat Openings Small openings in the forest create useful habitat for deer and other animals. As the young plantations mature, and the amount of brush becomes reduced, consider creating openings by removing conifer trees and allowing native shrubs to come in naturally. Shrubs will provide important browse for deer. To maximize their value to deer, open-ings should be kept small (one-half acre to five acres), should be irregularly shaped, and should be no wider than 600 feet from the forest edge to the center of the clearing. Placing a salt block in a clearing will attract deer and other mammals, although they will utilize the openings primarily for grazing on succulent herbs and shrubs. Type 3 has openings that are ideal habitat for deer. Food Plants Like snags and downed wood, vegetation growing beneath the tree canopy supplies food, shelter, and cover for a wide variety of wildlife species. At least 40 species of fruit and nut producing native deciduous trees and shrubs can be found in the forest. Some are shade tolerant such as Pacific- dogwood and will be found in older forests. However, most need sufficient sunlight to establish and produce fruits. Openings in older forests, riparian zones, young plantations, and recent clear -cuts are excellent locations for hardwood trees and shrubs. Although some compete with establishment of Douglas fir, a good mix and distribution of hardwoods should be maintained wherever possible for wildlife habitat. Mature fruit trees provide food for numerous wildlife species. Some examples of species that have excellent wildlife value, are native to the area, and can readily be planted include cascara, blue elderberry, hawthorn, red -osier dogwood (moist sites), Pacific dogwood, bitter cherry, wild rose, beaked hazel, crabapple, Oregon oak (dry sites), Oregon ash (moist sites), and mountain ash. Many other native species of deciduous trees, shrubs and ground covers (such as salal and Oregon grape) may already be established or can be established by direct plantings or seeding. Habitat can be enhanced along forest edges by planting native shrubs, fruit trees, or other hardwoods in irregular patterns creating a rough margin between the forest and open vegetation. Water Around the seasonal wetland area on the Amsberry property, care should be taken to maintain a diverse vegetative community. This will ensure that a maximum number of species are provided with an oppor-tunity to use the riparian habitat. Cedar trees and paper birch will be planted in this area, along with Drummond Willow various Elderberry's, Huckleberry's and tall Oregano Grape Page 18 277 i Resource Description & Recommendations Threatened and Endangered Species and Cultural Resources DNR TRAX information, dated October 31, 2007 indicated that no Threatened or Endangered Species or archaeological, historical or other culturally significant sites have been identified on the Amsberry property. Page 19 278 Resource Description & Recommendations Aesthetics and Recreation Aesthetics are an important part of managing the forest. Most of the negative publicity surrounding timber harvesting comes directly from the visual perception that harvesting is ugly and destructive to the environment. While it is difficult to make timber harvesting pleasing to the eye, it is important to understand that appearance is a factor for public acceptance of forest management operations. Timber harvest on the Amsberry property will be next to Stein Hill Lane and near three neighboring property owners and their residences. Post harvest site preparation by burning large landing piles will help in making the logged off areas look better. Large piles create a vertical element to the visual landscape and make the area look less attractive. Care should be taken to pull back logging slash in visually sensitive areas along public roads and access points. It is important that all logging refuse such as plastic buckets and broken logging cables be removed from the sites after the completion of harvest. Placing signs on each site that explain the timber harvest and future management activities will also add to the public acceptance of a harvest. If the public is aware that the land is going to be used to grow a new forest, they are usually more receptive to the immediate visual impacts of the harvest operations. Page 20 279 Management Timetable Activities Guideline The following is an activity schedule for managing the Amsberry property for the next 10 years. The schedule represents a general plan that will keep the trees growing and the land productive. The timetable should be used as a guideline as to what time of year to schedule the various activities. The specific timing of harvest operations will be determined by the Amsberry family's changing needs. 2008 2009 2010 2011 2012 -in March apply for a forest practice permit. The permit will require marking the boundaries and buffers in the forest. -Cruise the timber in the harvest area to determine Species, Volume and Value. -in August, harvest the stand using a track mounted feller buncher, track mounted shovel and a track mounted log processor. -in October, burn logging debris piles and landings at the start of the rainy season. A burning permit from DNR will be required. -Plant trees stand harvest site in February through March. Seedling spacing will be 12 feet by 12 feet with 30% Douglas- fir, 30% Western red cedar, 30% Red Alder and 10% Hemlock •Control deer browse if encountered •Spray Accord on grass in stand in May. The spraying will be a site preparation for reforesting the field. -Spray stand again with Accord in September. •Control deer browse if encountered •Spray Accord on grass in stand in May. The spraying will be a site preparation for reforesting the field. -Interplant seedlings as needed in stand -Control deer browse if encountered -Spray Accord on grass in stand in May. The spraying will be a site preparation for reforesting the field. -Control deer browse if encountered -Spray Accord on grass in stand in May. The spraying will be a site preparation for reforesting the field. Page 21 280 Management Timetable Activities Guideline 2013 .Spray Accord on grass in stand in May. The spraying will be a site preparation for reforesting the field. 2014 .Thin and/or trim trees as needed -Check stand health 2015 .Thin and/or trim trees as needed -Check stand health 2016 •Thin and/or trim trees as needed -Check stand health 2017 -Thin and/or trim trees as needed -Check stand health Submitted by Eric Amsberry November 2, 2007 Page 22 281 Forest Stewardship Plan Summary Checklist 10-Year Management Timetable (Attach this page to the Forest Stewardship Plan) This summary checklist describes resource protection and/or enhancement practices for the next ten years, as summarized below: CHECK ALL THAT APPLY: Protection Measures Enhancement Measures P.ato<t:an Moar�re,r Re<ommewdod Prute ction Moor �.e�Rocc...mendod v a N `v RESOURCES a z 41 a. z NOTES/COMMENTS U C 0CL r0 N M V C O N Q N y r d Q q ° r r d Q O 21 M 61 ti 4 +` O 1 Z O 2 r? o ti I1 O Z Forest Health 1 1. Check and manage deer browse 1. Road & ditch maintenance & brush control TimberPNood Products 1 1 1 2 2. Plant a more diverse forest (conifer & hardwood) oilskrosion ControlNVater 1 X1_ Quality Logging during dry seasons 1. Plant a variety of trees around seasonal wetlands Riparian Areas, Wetlands 1 - (Western Red Cedar. Huckleberry, Tall Oregon Grape. Redosier Dogwood. Drummond Willow & Elderberries In -Stream Fisheries Habitat X 1. Leave Black Cottonwood. Birch. Maple, Douglas Fir, Cherry, Vine Maples and snags. 2. Plant a variety of trees to encourage diverse Idlife Habitat 1 2 wildlife habitat (oak° rnaples, walnut, pecan° hickory° hazelnut, fedbud, mountain ash, hawthorn° dogwood, lilac. ash, elderberry° willow, serviceberry. snowbrush, currant & fruit trees) Threatened/Endangered X Species Historical/Cultural X Resources AestheticslRecreation X gro-Forestry/Special X Products Page 23 282 Forest Stewardship Plan Signature Page 10-Year Management Timetable PLAN PREPARED BY (Prim ry author, if more than one) PIA/0-1 Signature Eric Amsberry Print Name Land Owner Title None Agency/Company Address 11223 39th Avenue SE Plan Preparer Is: o Private Natural Resource Professional o Agency representative ■ Landowner Who Completed Coached Stewardship Planning Course o Landowner Who Is a Natural Resource Professional Everett, Washington 98208 (425) 338-0314 Phone List other professionals and their affiliations, who contributed to this plan. If this was a "Coached Plan" list natural resource professionals who serve as "coaches" John Keller Kevin Zobrist LANDOWNER SIGNATURE: The contents of this plan are acceptable to me/us. I/we intend to manage this property in a manner consistent with the objectives of the Forest Stewardship Program and to implement thjs plan to the best o y/our ability. !116107 - Landowner SignatGre(s) ./ t Date Eric Amsberry Print Landowner Name(s) APPROVAL SIGNATURE: have r viewed this plan and approve it as meeting the standards for a Forest Stewardship Plan. Sig at re of Designated Service Representative Date vrtnt Name of uesignatea Service Hepresentative Forest Stewardship Coordinator Washington State Department of Natural Resources Title Agency 919 North Township Street Sedro Woolley, WA 98284 Address (360 ) 856-3491 Phone Page 24 283 Attachments Soil Map 15�144 4200 9090 9091 4200 j W91 9091 ^ !PITS i BOUNTY WHATCOM VMATCOM9090 000NiH yH-IgTCOM//`,A p WHATCOM 16 ,dfil A� ATCO �1?I C ' T •' m , „ _ _ v —, / / wHA7COM 9 4200 31 PfTS 9091 BOUN 9091 wHATCOM Lljq , ATCO 1 / l i r WHA77 T C°OM 909a 9091 9 / 90a9 000 ATCO �� / 1 w . N4IATCOM MATCOM } { qZTY _ ` /9091 C J ' W/iAT 1 VN-9089 OM .r 4200 La BOUNTY f i/ // WHAT I9091 HHATCOM 12 WFf �T i� ` g092 AT ; IABO1t(° LLIN A ARIANT 9OWT4 R01 LA�NTY [LUN�GHAM VWTT40R 2EN TY 680 I ' 1 / / 90119 / 9091 I it F i WHATCOM ! WHATCOM / / , t f901i9 / g0.g2 I .'•F yVHA7COM i WHATCOM i s r _ .A' sber y P operty f 9094 r �• } F WHATCOM ! 1 9090 1�HA7C0 _ _ 1 s 9090 WHATCOM i VW(ATCOM . .._. it INHATCOM e m o : o 9091� 9095 "ATCOM c ep I I I l WHATCOM I ,VJHATCZOM 'I� A �M EI!!! 0- 7 _ 89 WHATCOM Unstable Slopes with Soils State Wide Code and Soil Name LANDOWNER: EricAmsberry Low expected probability 0 instability Paved road TOWNSHIP/RANGE: T40N ME of slope ---` Unpaved road SECTION: 1„_ Moderate expected probability SCALE: 1 inch = 1000 feet c of slope instability -Q Unknown surface DATE CREATED: September 24. 2007 High expected probability instability I I Railroad of slope SLOPE MORPHOLOGY DATA These data have been developed from an anatyvs of USGS 7 5lopograph¢ digital elevation model (OEM) data, as a FIRST APPROXIMATION, to show areas susceptible to shallow rapid mass wasting, based on slope form and gradient The resolution of the DEM tagnAaantly affects the amount of area modeled as unstable, Thrs data * based on field testing Roughty 90% of known slope failures -4hin a given area fail within areas designated on the map as susceptible. the remainog 10% are related to roads, yarding Vads, and other management ance disturbs that occur irrespective of slope morphology On-the�gm.nd evaluations are essential, however, for accurate geographic delineation of specific masswasting sties N Due to changing ownership status and reliance on outside mlormation, the Department of Natural Resources Cannot accept responsiWity for errors and omissions. Therefore, no waaantes accompany this matenal Page 25 284 Attachments Elevation/Water/Road Map Landowner- Eric Amsberry Streams, Ponds, and Wetlands Township/Range: T40N R1 E F (Fish) Section: 1 - N (Non -fish) S (Shoreline) 1 " = 1000' Roads Unknown or Unmodeled Contours 40 feet Paved Open Freshwater ----- Unpaved Ponds, Impoundments, etc. September 24, 2007 Unknown: AIL Marsh /Bog /Wetland Railroad >. g Open Saltwater -�- Page 26 285 Planting Plan East ti fEl i F #f -„V"- Existing Native Plantings Field Nut, Seed & Fruit Trees ra Existing Future House Sho Site South Page 27 287 WHA TCOM COUNTY OPEN SPACE CLASSIFICA TION Property Owner: Eugene/Ernestine Ketchum 4857 Reece Hill Road Sumas, WA 98295 Subarea: Foothills Subarea Comp. Plan Desig: Rural Zoning Desig.: R5A Shorelines: Conservancy Designation: Parcel No.: Ketchum '07-21 OST 2008-1 Open Space Timber 400413 - 455493,-495488 Parcel Acreage: 12.90 acres Acreage in OST: 9 acres Road Access: 4857 Reece Hill Road Land Use: Home, pasture and timber Land Use History: Home with pasture Soil Characteristics #156 - Squalicum gravelly loam, 5-15% slopes, woodland soils. Site Index* Douglas fir - 132 #19 - Blethen gravelly loam, 30-60% slopes, woodland soils. Site Index* Douglas fir - 115 Limitations/Concerns: Muddiness caused by seasonal high water table. Competing vegetation. Seedling establishment - effective rooting depth limited by seasonal high water table. Timber Management Plan Information Included Completeness (0=incomplete; l=satisfactory; 2Aiorough) Points Max Current Stand Description 2 2 Fully stocked mixed stands of Big Leaf Maple, Douglas Fir, Western Red Cedar, Western Hemlock, Black Cottonwood, and Red Alder. The age of the timber ranges from 10 years to 70 + years. Soils Description 2 2 Good productive woodland soil units. Forest Health 2 2 Overall health of timber is good, overcrowded, diseased or deformed trees weeded out. Harvest Plan 2 2 Harvesting will be primarily selective of mature trees only. Thinning Program 2 2 Monitor growth of seedling trees to ensure survival in competing vegetation, etc. Planting/Restocking Program 2 2 Replant the first season after harvest with a mixture of hemlock and Douglas fir.' 12' X 12' spacing. Wildlife Habitat Enhancement 2 2 Timbered acreage provides good cover and habitat for wildlife. Snags and vegetation thickets left for wildlife, more wood duck nests to be installed. RECONINIENDATION: APPROVAL Must receive at least 7 points for a staff recommendation of approval `Site index indicates how tall (in feet) an average tree will grow in 50 years. 288 OSP2007-00021 QN�,pfORNgTjO USE OF—TCOMC UNTYSGISDATAIMPUES ME USER'S P GOM C ~ Parcel: 400413 - 495488 - Ketchum AGREEMENTW HTHE FOILONANG STATEMENTO(P�aPt OGyf~�1 400413 - 455493 Md�O"rya4mmsaM aranNorme Wnmderydwarranry 3' 2oa7 f Fs ran.:s.nN. may rd am parEcrmrp„rp.se. aarormmr.ss.r .. mDli V N. represertalbn.r warm Ny is rtx0a VNCa y Via a.cv� zy.—.1.p.w-..d 9.a14.1aaa dapCleE.ndamap W F A.ry user.ftda map asnmes an maD..adWv br usa manor. artl '="��'/j w tlllnElage.st.n.lUlMalmm C.unryNnnlea9 a'.m aid a9airW arty Y,. ���'�9j aama9e �.ss..r nad�ay aw.q tom ary. use artrvs map Z _ �Q AiZoning Boundary yCaOFYE�OpME�ty� o 265 w t J5J t, 590 2.t2o Feet oj 47' N ac jp .+ . Timber Management Plan: Landowner: Eugene and Ernestine Ketchum 4857 Reece Hill Road Sumas, WA 98295 360-988-8404 Parcel Xs: 400413 - 455493, - 495488. Property Location: The property is located at 4857 Reece Hill Road and consists of 12.90 acres of which 9 acres are proposed to be placed in Open Space Timber. The property has been owned by Mr. and Mrs. Ketchum since 1974 and used as pasture and timber. It has a residence and also a pond on the property, Saar Creek ( an anadromous fish spawning and rearing riverine habitat) runs from east to west at the southern periphery of the property. Landowners Objective: Landowner's goal is to maintain a 9 acre mixed stand of healthy timber for the purpose of commercial harvest. This will provide for wildlife habitat, watershed management, firewood and recreational activities. Current Stand Description: Alder, Douglas fir, Western Red Cedar, and Big Leaf Maple. The age of the timber varies from old growth to around 40 years of age and younger, and is of uneven density. Soil Description: There are two soil types on the property, the northern two thirds of the site is soil type #156, Squalicum gravelly loam, 5-15% slopes, woodland soil, and the southern one third is #19, Blethen gravelly loam, 30-60% slopes. This soil is also a woodland soil, with Saar Creek running through the property. Forest Health: The owner will manage fire protection by cutting the excess weeds and grasses from around the timber. Mowing will control competing vegetation such as blackberries. There are very little weed areas in this acreage_ No harmful insects or diseases are currently found and will be controlled by chemical or mechanical means as needed. Windfalls will be removed when necessary and used for firewood. Thinning Program: Removal of diseased, poorly formed, or infested trees will be removed as needed. Crowded timber will be thinned to a spacing to maximize healthy growth and crown, generally about 12' by 12' spacing. Harvest Plan: Because of the variation of timber age throughout the stand, harvesting will concentrate on selection of mature species for harvest. Planting/Restocking Program: Replanting will be done on an annual basis for the replacement of harvested trees and to restock any portion of the stand that needs new stock. Douglas fir and hemlock will be planted to infili harvested timber. 291 Wildlife Habitat Enhancement: Deer, wild ducks and Canada geese, small mammals and many forest and edge -type birds are frequent inhabitants on this property. The owner plans to continue to manage the timber in as natural a manner as possible, so as to have them continue to inhabit the timbered property. Snags and some underbrush will be left for the use of small animals and deer thickets. The landowner, Mr. Ketchum, has currently installed wood duck nests and plans to install more in the future, he maintains a pond on the property to accommodate migration ducks and geese and also other animals. 292 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 171 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 4/14/2008 4/22/2008 Planning Division Head: Dept. Head. - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. - Discussion of Belllingham UGA interlocal/annexation agreement ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) 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.) Discussion of Belllingham UGA interlocal/annexation 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 the Coun 's website at. www.co.whatcom.wa.uslcouncil. 293 WHATCOM COUNTY COUNTY ORIGINAL CONTRACTNO. 611 1zo+z INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLLINGHAM UGA This agreement is made by and between the City of Bellingham (herein.after referred to as the City) and Whatcom County (herein after referred to as the County), political subdivisions of the State of Washington, pursuant to the Interlocal Cooperation Act, RCW 39.34. WHEREAS, the Growth Management Act adopted goals to guide the process of developing comprehensive plans and directed counties to adopt urban growth areas; and WHEREAS, jurisdictions have adopted the Whatcom County County -wide Planning -Policies which direct each jurisdiction to acknowledge these policies and implement them through Interlocal Agreements; and WHEREAS, the City of Bellingham Comprehensive Plan has identified an urban growth area (UGA) that includes areas within unincorporated Whatcom County which it may annex in the future, and that is consistent with the UGA for Bellingham adopted by Whatcom County in compliance with the requirements of the Growth Management Act (Exhibit A); and WHEREAS, the Growth Management Act encourages cities with urban services to annex contiguous unincorporated urban areas within its UGA; and WHEREAS, annexations proposed by the City of Bellingham are pursued in accordance with RCW 35.13 and intended to be consistent with RCW 36.93.180 and RCW 36.93.157; and WHEREAS, the City and County recognize that there is a need to facilitate the proper transition of services and capital projects from the County to the City at the time of annexation; and WHEREAS, the City and County recognize that mutual coordination of land use densities. and designations is necessary to reduce urban sprawl, support urban infrastructure and protect rural areas within the County; and WHEREAS, the City and the County recognize the City's responsibility to annex lands designated for urban levels of residential use as well as lands designated for commercial and industrial use; and WHEREAS, the City and County recognize that the City's past practices of extending water and sewer services prior to annexation has facilitated commercial and industrial development that has had a positive economic impact on the County; and WHEREAS, City and County recognize that the C.ounty's past practices of road building and County Planning and Development Services prior to annexation has facilitated commercial Interlocal Agreement City of Bellingham & Whatcom County Request of: WHATCOM 1990301901 Page: 2 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA COUNTY OF 294 and industrial development that has had a positive economic impact; and. WHEREAS, the City and County recognize that as the City tax base grows, the County will share in that growth through such revenue sharing mechanisms as the .15% sales tax and the assessment of the County Current Expense Levy on property inside the City; and WHEREAS, the City and County recognize that annexation of developed commercial and/or industrial land will reduce County tax revenues used to support County services; and WHEREAS, the City and County have determined that the revenue impacts on the County of annexing developed commercial and/or industrial land necessitates a mutually agreeable funding formula to mitigate such impacts; and WHEREAS, the City and County have established a formula to mitigate the impact on the County of revenue losses and to equitably compensate the County for certain capital facility expenditures in the annexed area; and WHEREAS, the City and County recognize that annexations can have extra -jurisdictional impacts and that intergovernmental cooperation is an effective manner through which to deal with those impacts; and WHEREAS, the City and County believe it is in the best interest of the citizens of both jurisdictions to establish consistent regulatory conditions and impact mitigation requirements; and WHEREAS, the City and County desire to develop a general interlocal agreement that will. apply to all annexations and for each annexation the interlocal agreement may be amended to address any issues not addressed in the general agreement; NOW, THEREFORE, in consideration of the terms and conditions contained herein, the City and County agree as follows: Section 1. Applicability and Amendments to this Agreement The City and the County agree that the contents of this interlocal agreement shall apply to development within the City's UGA and annexations initiated by the City_ It is also agreed that for each annexation, this interlocal agreement shall be amended to include a description of the annexation area and other amendments related to the annexation area, which will be included as additional exhibits to the agreement. These annexation amendments shall be executed by the City and County prior to expiration of the County's 45-day annexation review period. However, if the City and County can not come to agreement concerning any annexation related issues not addressed by the general interlocal agreement, the County may request a Boundary Review Board hearing, and the City and County may continue to negotiate annexation amendment lnterlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 3 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 295 language. The annexation amendments to this interlocal agreement shall become effective at the time an annexation is approved by the Boundary Review Board and the City has passed are ordinance officially approving annexation of the area. Annexation related amendments to this interlocal agreement shall include the following: 1. The annexation's name and boundary review board number; 2. A map and legal description of the annexation area; 3. The annexation method, resolution number and date of City acceptance of a petition or determination to pursue elections for the annexation area; 4. The extent to which the interlocal agreement is applicable to the annexation area (including whether or not the annexation area is within the Lake Whatcom watershed); Other annexation related amendments to the interlocal agreement, including, but not limited to, the following: • compensation or reimbursement formulas for major capital improvements; • capital facilities and parks maintenance and ownership agreements; • adoption of equivalent or consistent ordinances to protect resource lands and the natural environment; • agreements regarding impact mitigation; • agreements regarding balance between residential and commercial/industrial land; 6. Identification of the.existing and intended service providers for the area (water, sewer, fire/ems), including any interlocal agreements between the City and Special Purpose Districts; 7_ Signatures by the :City's mayor and County Executive and effective date of the annexation amendment. The City and County recognize that other amendments to this interlocal agreement may be necessary to clarify the requirements of particular sections or update the agreement. These amendments may be pursued as necessary by both parties. Section 2. Annexations. A. Role of Boundary_ Review Board. When annexations are initiated on properties within Bellingham's adopted UGA, the process should be as expeditious as possible_ The role of the Boundary Review Board will be retained when necessary. However, hearings will be limited to those cases where affected citizens have concerns which cannot be adequately addressed without Interlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 4 of 31 3/10/199910:31 AM ILAG 4.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 296 a hearing, or where the City, the County and/or Special Purpose District cannot agree on specifics related to the criteria outlined below in item C of this section. B. Information Requirements. In addition to information required by state law, a complete -legal description of the proposed annexation will be submitted to the County for review and any needed correction prior to adoption of the resolution of intent by the City proposing the annexation. In addition to the legal description, the area proposed for annexation should be. identified using common landmarks such as street rights -of -way or other natural or man-made features. C. Annexation Planning. Annexations shall be based on policies adopted in the City's Comprehensive Plan, be consistent with adopted County -wide Planning Policies and Comprehensive Plan Goals 2N, and Policies 2M-5, 2M-6, 2N-1., 2N-2, 2N-3 and 2N-4, and shall include logical boundaries and be timed in a way which allows for transition of services between the City and County (and Special Purpose District, if applicable). Criteria in defining logical physical boundaries shall include one or more of the following: a) Size and shape of the area to be annexed; b) Preservation of neighborhoods and communities; c) Use of physical boundaries, including but not limited to, bodies of water, roads, and land contours; d) Creation and preservation of logical service areas; e) Prevention of abnormally irregular boundaries; f) Dissolution of inactive Special Purpose Districts; g) Adjustment of impractical boundaries; h) Annexation of unincorporated areas which are urban in character. D. Balanced Annexations. The City shall employ its annexation authority in a manner that maintains a balance of commercial, industrial and residential properties inside the City and within successive annexation plans and proposals. The City further agrees to annex residential properties to ensure a sufficient land supply to accommodate a balance of existing housing units in relation to employees resulting from commercial and/or industrial land to be annexed. E. Zoning. The City agrees to identify appropriate city zoning at the time it accepts the initial annexation proposal submitted by residents and/or owners of the proposed annexation area. Following. BRB review, the City will confirm the zoning to be applied to the area as part of the adopting ordinance. Zoning changes adopted within annexation areas shall be considered in evaluating the balance of residential, commercial and industrial properties. F. Minimum Urban Densities. The City agrees to adopt and maintain land use designations for annexation areas consistent with the State GMA, City Comprehensive Plan, and policies of the County Comprehensive Plan Interlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 5 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County. WA ��� Request of: WHATCOM COUNTY OF G. Comparable Densities. The City's land use designations are generally more dense than the County's. However, in the future, if the City proposes changes that reduce density or intensity of land use, the City agrees to accommodate any losses in County population allocations which have been assumed for the annexation area within the City or in other portions of the UGA-areas which the City intends to annex. The area in which, and methods by which, the City intends to accommodate these losses will be specified by the City as part of the annexation amendment to this interlocal agreement. Within the Lake Whatcom watershed, densities will not exceed those allowed under existing County zoning. H. Administration of Special Assessments. When annexations occur which encompass any part of an LID, ULID, LUD, RID or LRID, the assessments for those parcels within the annexation area will continue to be administered by the County Treasurer. Section 3. Transfer of Building Permit Applications, Development Applications and Development Permits in Process by the County upon Annexation. The County shall refer applications to the City for processing any building and development permit applications in an annexation area on or after the effective date of the annexation. The County also agrees to continue processing permit applications filed before the effective date of an annexation as provided below. A. BuildinIZ Permits. As the agent of the City, the County shall continue to process under County codes and building permit requirements to completion any building permits for which it received a fully complete permit application and accompanying fee prior to the effective date of the annexation. Associated permits shall be defined as clearing, grading, mechanical, plumbing, fire sprinkler, and occupancy permits related to those projects being processed by the County. Completion shall mean final, admini strati ve approvals. Except as provided below for permit renewals, in the case of building permits issued prior to the date of an annexation, the applications and permits shall be processed through final inspection and/or issuance of an occupancy permit by the County. Performance and maintenance bonds and insurance releases received by the County prior to the effective date of the annexation shall be assigned to the City on a case by case basis. The final inspection for building permits shall be a joint City/County inspection with the City in attendance for information purposes only. B. Discretionary Permits. As the agent of the City, the County shall continue to process to completion any development permits for which it received a fully complete permit application and accompanying fee prior to the effective date of an annexation. Completion shall mean final administrative or quasi-judicial approvals except in the case of action required by the legislative body, except for appeals, in which case the City legislative body shall take final legislative action. Subdivision plats and PUD[s] Applications_ shall be transferred to the City for processing, along with the unexpended portion of the fees collected for such subdivisions. lnterlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 6 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF C. Permit Renewal. Any request for renewal of a permit issued by the County prior to the effective date of an annexation which is received after the annexation date shall be made to and administered by the City. D. Enforcement of Conditions Imposed by the County on Land Use and Development Permits. To the extent authorized by law, the City agrees to enforce any conditions imposed by the County_ The County will make its employees available to provide assistance in enforcement action on cases originally prepared by County personnel. The County will provide the City with the opportunity to review and comment on all development permit applications within the City's UGA which are subject to a public notice provision. The City will respond to County development permit review requests in a timely manner. E. Year-end review. Prior to December 1 st of any year in which an annexation has become effective, the City and County shall discuss the status of all the permits in an annexation area remaining under review by the County and determine whether or not responsibility for continued processing should be transferred to the City. Any change in permit processing responsibility shall be provided by written agreement, acceptable to both parties, amending the annexation amendment section. Section 4. Records Transfer The City staff will copy County records pertaining to annexation areas prior to annexation as necessary, including but not limited to: all original permit records and files, inspection reports and approved plans, approved zoning files, code enforcement files, fire inspection records, bonds, easements, plats, utility databases for land use, drainage, street lights and streets, and other items identified during the transfer process. The City will reimburse the County for the costs of any County materials necessary for duplication or transfer, including microfilming, or at the City's option, the City may arrange for off -site duplication of records under appropriate safeguards for the protection of records as approved by the County. Section 5. Roads A. Maintenance and Ownership Responsibilities. Unless the County agrees to retain a specific road in County jurisdiction, the City will annex the entire right-of-way of County roads adjacent to an annexation boundary and will assume full maintenance responsibility for those roads upon the effective date of the annexation. It may also be desirable to include in an annexation adjacent road sections to avoid dead-end segments or portions of roads that meander in and out of jurisdictions. Such situations may be negotiated on a case by case basis. B. Unexpended Mitigation Payments. Funds for road related SEPA mitigation payments or impact fees received by the County for projects within an annexation area which remain unexpended as of the effective date of the annexation will be transferred to the City within one year of the effective date of the annexation. Interlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 7 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 299 C. Compensation for Capital Road Construction Projects. The City will reimburse the County for certain expenditures on capital road construction projects, including overlays, at the time the roads are annexed into the City. If the City annexes territory encompassing all or a portion of a County capital road construction project, the City agrees to reimburse the County for County road fund costs incurred by the County in implementing the projects listed in Exhibit C, including assumption of debt incurred by the County for the road construction project. The City agrees to reimburse the County for the depreciated value of major capital construction prajects and expenditures the County has made within the annexation area during the 10 years prior to the effective date of the annexation. This reimbursement will be for the value of the County's share of funds spent for the construction of major public facilities, excluding grant funding, including but not limited to new roads and sidewalks or those roads which have undergone a major reconstruction. It shall not includeroutine maintenance expenditures for such facilities_ The depreciation shall be 10 year, straight line depreciation. Actual reimbursement amounts and timing of payments shall be negotiated between the City and County at the time of annexation. The agreement shall be included as part of the annexation related. amendment. Exhibit C lists the County capital road construction projects, which have been completed within 10 years prior to the effective date of this agreement. Exhibit C will be updated as necessary as part of the annexation related. amendment. These projects are to be included within the reimbursement mentioned in this section. Reimbursement shall not include routine maintenance expenditures. A project listed on Exhibit C shall be automatically removed from the list at the end of the. tenth budget year .following final acceptance of the project. The County also agrees to consult with the City in planning for new capital road construction projects within the.City's UGA. At the time of consulting with the City, both parties will discuss the need for shared responsibilities in implementing a project, including the potential for grant funding indebtedness by bonding or loans. Any agreements related to shared responsibilities for road projects within the City's UGA shall be added as amendments to Exhibit C of this interlocal agreement. Section 6. Processing Development Applications in Urban Growth Areas. A. Zoniny_: Existing County zoning will apply within the City's UGA, with the following exception: Consistent with County -wide Planning Policies, the City and County agree to develop and implement urban zoning, including work on appropriate zoning within the Lake Whatcom watershed recognizing its status as a water resource protection. B. Rezones within the UGA. The County agrees not to approve rezone requests for property within the UGA without consideration of City input. The County agrees to notify the City of any rezone applications received within the UGA and provide notice of the time, date and location of the public hearing at least ten days prior to the public hearing. 1990301901 Interlocal Agreement Page: a of 31 City of Bellingham & Whatcom County 3,110/199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 300 C. Administrative Approval and Conditional Uses. The County agrees to initiate amendments to Title 20 (the Official Whatcom County Zoning Code) to incorporate City comments in the review of rezone applications, administrative approval uses and conditional uses within the City's UGA. D. Subdivisions and PUDs. Upon the effective date of this agreement, the County shall consult with the City on all platting and PUD applications inside the UGA and invite the City to participate and respond in Technical Review Committee meetings regarding such projects. The County, to the extent practicable, will require new developments to conform to City design standards. E. Mitigation Fees. The City and County will work toward establishing a process foc interjurisdictional application and collection of impact and mitigation fees. Section 7. Surface Water Management A. Stormwater Management. Development of and funding for regional stormwater management and drainage plans and standards shall be coordinated and agreed upon by the County and City and, where appropriate, Special Purpose Districts. The City and the County shalt also work together to develop and implement the Comprehensive Flood Hazard Management Plan B. Watershed Planning. The County and the City recognize that watershed management planning is ongoing and that all needed surface water improvements and solutions have not been identified. The County and City shall develop and adopt one or more interlocal agreements for joint watershed management planning, capital construction and other related services. C. Maintenance and Ownership of Drainage Facilities. If an annexed area includes drainage improvements or facilities the County currently owns or maintains, the City and County shall agree to the disposition of maintenance and ownership responsibilities within one year of the effective date of an annexation. The responsibilities resulting from such -discussions shall be included as part of an annexation related amendment to this agreement. Section 8. Parks, Open Space and Recreational Facilities A. Open Space Corridors. Open space corridors, parks and greenways will be identified through advanced, joint planning and review of development projects within City UGAs. B. Maintenance and Ownership Responsibilities. If an annexed area includes park, open space or recreational facilities listed in Exhibit D, the City and County shall agree to the maintenance, operation and ownership responsibilities within 12 months after the effective date of an annexation. The responsibilities resulting from such discussions shall be included as part of an annexation related amendment to this agreement. Interlocal Agreement City of Bellingham & Whatcom County Request of: WHATCOM 1990301901 Page' 9 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA COUNTY OF 301 Section 9. Provision of Services A. Police Services. Law enforcement services shall transfer from the Sheriff's Department to the City Police Department upon annexation. B. Special Purpose Districts. Prior to. each annexation, the County and the Cities shall negotiate interlocal agreements with Special Purpose .Districts providing services inside and outside urban growth areas to address the issues, such as zoning, financial concerns,. and level of service. C. Fire and Emergency Medical Services. Upon annexation, the Bellingham Fire Department shall assume responsibility for delivery of fire and emergency medical services or contract with the appropriate fire district in accordance with the fire protection services master plan developed between the Bellingham Fire Department and the rural fire districts- Q . Rural Services. Service providers, the County, and the City shall continue to meet together to resolve the issue of water and fire service to rural areas. In general, cities are the units of local government most appropriate to provide urban governmental services. In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. Section 10. Sales Tax Revenue Sharing City and County agree to share in the sales tax revenues for annexations of significant developed commercial and/or industrial land. In those cases, sales tax revenues will be computed and shared on the following basis: To determine Base Value for the local sales tax revenue, Base Value equals total sales tax revenue from the 1% local sales tax collected in the 12 calendar months prior to the effective date of the annexation. I" year County receives of Base Value 2"d year County receives. of Base Value are year County receives of Base Value Interlocal Agreement City of Bellingham & Whatcom County :1, 50 20 1990301901 Page: 10 of 31 VW199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 302 The County shall receive .15 directly from the State. The City will reimburse the difference (65 Base Value V year, .35 Base Value 2"d year, and .05 Base Value 3`d year). The first payment from the City to the County shall be due and payable within thirty days of the first anniversary date of the effective date of the annexation with subsequent payments due and payable within thirty days of the second and third anniversary dates of the effective date of the annexation. It is agreed that upon completion of payments as scheduled, each party will have been fairly, fully and adequately compensated for their respective annexation impacts. ection 11. Other Provisions A. GIS Data Sharing. The City and the County shall cooperate in data.sharing, development of compatible systems to enhance data sharing and development of a county-wide.database with the goal of developing a compatible county -wide geographic information system. B. Land Supply Analysis. The City and County shall review land supply needs for the respective jurisdictions within five years of County approval of the final UGAs. The methodology for this review shall be established prior to undertaking the review process. C. Transfer of Densities. The City and County will continue working to develop a mechanism and procedure to transfer densities from rural areas or resource lands to urban areas. The City should designate areas within the existing city limits or UGAs which can absorb additional density for the purpose of transferring densities from rural areas, resource lands or the Lake Whatcom Watershed to urban areas outside the watershed. Section 12. Honoring Existing Agreements, Standards` and Studies The City and County mutually agree to identify and evaluate all existing mitigation agreements, interlocal agreements, appropriate interjurisdictional studies and agreed upon standards affecting an annexation area to which the City or County is a party. Section 13. Relationship to Existing Laws and Studies This agreement in no way modifies or supersedes existing State laws and statutes. In meeting the commitments encompassed in this agreement, all parties will comply with the requirements of the Open Meeting Act, State Environmental Policy Act, Annexation Statutes and other applicable State or local law. The ultimate authority for land use and development decisions is retained by the County and City within their respective jurisdictions. By executing this agreement, the County and City do not purport to abrogate the decision -making responsibility vested in them by law. Interlocal Agreement City of Bellingham & Whatcom County 1990301901 Page: 11 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA Request of: WHATCOM COUNTY OF 303 Section 14. Hold Harmless The City shall protect, save harmless and indemnify at its own expense, the County, its elected and appointed officials, officers, employees and agents, from any loss or claim for damages of any nature whatsoever arising out of the City's performance of this agreement. The County shall protect, save harmless and indemnify at its own expense, the City, its elected and appointed officials, officers, employees and agents from any loss or claim for damages of any nature whatsoever arising out of the County's performance of this agreement. Section 15. Dispute Resolution The City and County mutually agree to use binding arbitration if agreement cannot be reached on any provision of this agreement. Section 16. Effective Date, Duration and Termination 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 full force and effect for 10 years 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. Section 17. Severability If any provision of this agreement or its application to any person or circumstance is held invalid, the remainder of the provisions and/or the application of the provisions to other persons or circumstances shall not be affected. 1N WIT]'4ESS WHEREOF, the parties have signed this agreement, effective on the date indicated below. CITY OF BELLINGHAM By Mark Asmundson, Mayor Datel�- Approved as to form: WH OM UNT By Pete Kremen, County Executive Date �oi7 Approved as to form: City torney Whatcom County Prosecutor Lynn Carl(er�er, City Finance Director Interlocal Agreement City of Bellingham & Whatcom County Request of: WWATCOM 1990301901 Page: 12 of 31 3/10/199910.31 AM ILAG $.00 Whatcom County. WA COUNTY OF 304 STATE OF WASHINGTON ) ) ss. County of Whatcom ) On this /y day of ..A4e—CtA- e - , 199q- , before me personally appeared MARK ASMUNDSON, to me known to be the Mayor of the CITY OF BELLIt`fNIAdul, and who executed the above instrument and who acknowledged to me the act iiN!! ntnf ean� d;sealing thereof. a~: ♦� f Y NOTARYI�LIBEIC.*� 01 -fol die State of Washingto4i'residing at Bellingham. My appointmepE`eK{ai.res; $ STATE OF WASHINGTON ) ss. County of Whatcom ) On this day of , 19.9 17 , before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY", � PUBLIC 2 r 4°Oeee�__ WA SN�s°0 Interlocal Agreement City of Bellingham & Whatcom County NOTARY PUBLIC in a0— for the State of Washington residing at '13ellingham. My appointment expires: Request of; WHATCOM 1990301901 page: 13 of 31 3/10/199910:31 AM ILAG $.00 Whatcom County, WA COUNTY OF 305 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 —183 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Fleetwood 4/16/2008 4/22/2008 P & D Committee Division Head. - Dept. Head. - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Draft capital facilities plan to provide urban level of service to Birch Bay ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMAR YSTA 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.) COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. 306 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007-121 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Committee Originator: , J 4114108 4122108 of the Whole Wendy Wefer-Clinton W�/`'"' rrC� nn ( C CC% E (Executive Session) Division Head Karen Goens: ` 4114108 APR 1. 2008 ATCOM COUNTY TY COUNCIL Dept. Head: Prosecutor 0 141/0 Purchasing/Budget: Executive: t h J� TITLE OF DO UNNM�• NT. ATTACHMENTS: 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: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion and negotiations update for County Council on expired collective bargaining agreements. 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.►va.us/counciL 307 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 March 11, 2008 Council Chair Carl Weimer called the meeting to order at 7:08 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS MINUTES CONSENT Absent: None Brenner moved to approve the Minutes Consent items. Motion carried unanimously. 1. SURFACE WATER WORK SESSION FOR FEBRUARY 19, 2008 2. COMMITTEE OF THE WHOLE FOR FEBRUARY 26, 2008 3. REGULAR COUNTY COUNCIL FOR FEBRUARY 26, 2008 OPEN SESSION The following people spoke: Mel Marcoux, 6128 Kickerville Road, stated seniors with incomes of less than $40,000 per year can receive $5,000 in grants for septic tank system repair or replacement and $500 in grants for riser installation, pump replacement, septic pumping, and inspections through the Henderson Watershed Protection Program. State regulations require that only gravity systems be inspected every three years. All other systems must be inspected annually. State regulations do not mandate that homeowners must pay hundreds of dollars in inspection fees. Certified homeowners can do all their own inspections. The Health Department chose not to use State grants to help homeowners and instead penalize homeowners. Whatcom County Council, 3/11/2008, 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Johnnie Grames, 1506 E. Maplewood Avenue, stated a growing police state is operating through the Whatcom County Law and Justice Council. He asked Dewey Desler about an executive session with the Council about federal money for Homeland Security. A lot of money and power is going to the 2010 Olympics event. Open the meeting to create a record of what goes on. None of the councilmembers attended a meeting about a $100 million jail that houses 1,000 people. Prosecutor Dave McEachran said they need to get miscreants off the street because they don't want to work. Tris Shirley, Whatcom Legacy Project Secretary, submitted information (on file). Accept a clarification of contract language in a contract between the County and the Whatcom Legacy Project. It's a minor change. He described the purpose of the Whatcom Legacy Project. They have drafted a work plan for the visioning process. When the process is final, they will outreach to the community. They cannot foresee the distant future and know many things change. When those changes happen, the public vision should change. The vision should respond to significant changes in the community, but not shift to political whims. He described the history of the project. The Conservation Northwest group does not influence this project. They will demonstrate that they're acting in broad public interest. Chris Morgan, Grizzly Bear Outreach Project Co -Director, stated he is in favor of the grizzly bear resolution. He described his background. The project provide information about and promotes an understanding of grizzly bears in rural Cascade communities. It is a public information service for people. There were once 100,000 grizzly bears in the lower 48 states. There are now about 1,000 grizzly bears. There are now about ten remaining grizzly bears in the North Cascades. Only five states are wild enough to harbor grizzly bears, including Washington State. Most people support grizzly bear recovery because they are an essential component of the North Cascades and are important for future generations. Support for his project is very high throughout the state. Joe Scott, 2216 Ellis Street, stated he supports the grizzly bear resolution. This is a community issue. They must maintain these iconic species. They want to impress upon the federal government how seriously the community considers the local extinction of the species. The bears are very important for the evolution and restoration of the ecosystem. The resolution is a statement that wildlife is important, extinction is not an option, and that this community will be stewards to these wildlife. Kelly asked for a list of government supporters. Caskey-Schreiber stated that information is coming forward. Crawford asked the number of bears in the North Cascades. Scott stated the State Fish and Wildlife Services estimates five to 20 bears in the North Cascades. They know there are bears in the system. There is evidence of the bears' continued existence. Crawford asked if they plan to bring grizzly bears into the North Cascades from other areas. Scott stated biologists say it is probably necessary to augment the population with bears from a healthier ecosystem. However, options like that will be explored and vetted through the public. This recovery planning has to go through the National Environmental Policy Act (NEPA). There will be an exhaustive public process on options for recovery. Whatcom County Council, 3/11/2008, Page 2 309 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 the timeframe. Scott stated an environmental impact statement (EIS) would take about three years. He works for Conservation Northwest. The Plan is to get Congressional support to fund the NEPA process. Other government jurisdictions have committed funding to the process. Crawford asked if the introduction of other grizzly bears could happen in five to ten years. Scott stated it is possible. Alexis Illyn, 1513 Wilson Avenue, Bellingham, stated she supports the grizzly bear resolution. In addition to the ecological reasons to support the restoration, there are moral and biblical reasons. A growing number of Christians believe that humans must be stewards of God's creation. They must protect what God created, but they are failing the grizzly bears. Reverse this trend toward extinction, or they will have to answer to God. Dan McShane, 1451 Grant Street, Bellingham, stated he is in favor of the grizzly bear resolution. People are proud that Whatcom County has grizzly bears and an in -tact ecosystem. This area is a world -class draw for people around the world. Roger Van Dyken, 145 E. Cedar Drive, Lynden, stated he thanks the Council for its initial support of the Legacy Project contract. This change is an administrative oversight. It is essential that the project be objective and not biased. The Steering Committee must also not be biased. Their purpose is to invite the citizens to create a long-range legacy for future generations. It must be enduring and also flexible. He read the list of Steering Committee members. It is a very diverse group. They hope to frame a context for future Council decisions on land use. Bob Wiesen, 3314 Douglas Road, Ferndale, stated the Legacy Project is public money going into a private special interest group to manage a planning process that appoints its own members. He asked how that can serve the public. The group isn't balanced. Regarding the ferry, most equipment has a finite economic life. You can keep fixing and fixing, but at some point it becomes economically unviable. The maintenance bills on the ferry keep going up. They need additional capacity on the ferry. PUBLIC HEARINGS 4. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085A) Weimer opened the public hearing and the following people spoke: Bob Bowman, Lummi Island, stated he understands the need to raise the rates for transportation because they need a new ferry. The current ferry is dangerous. The children's life vests are stowed about seven or eight feet high. He asked how the children would reach them. He supports the ferry rate increase and a new ferry. Percy Maneval, Lummi Island, stated he understands the need to raise the rates. Island property will be one of the most prized in the county in the future. Some people Whatcom County Council, 3/11/2008, Page 3 310 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. have lived there many years. Don't raise the rates too much to begin with. Don't design a ferry that is radical with new ideas that have not been proved. If they extend the Whatcom Chief by 40 or 50 feet, they won't need to extend the docks. The Whatcom Chief has proven itself many times. Al Marshall, Lummi Island, stated he hasn't seen the accounting details that justify a fare increase. He would like to see more details, particularly about the high administrative costs. Increasing fares will cause ridership to decrease. Retain the multi -ride discounts currently in place. All other State and local ferries include multi -ride discounts. He supports Councilmember Weimer's fare increase proposal, assuming such a fare increase is needed. Polly Hanson, Lummi Island, stated the information the Council is trying to work with is very incomplete. If the fares go high enough, there will come a point where the island will become an exclusive community for the wealthy, and no one else will be able to afford to live there. (Clerk's Note: End of tape one, side A.) Hanson continued to state that the retired, low-income, and students will have to move off the island if the fares become too expensive. The cost of fuel is going up. They are going to run out of fuel. Find out if it is possible to have a ferry that runs on some other fuel. Look ahead and see what's coming in the future. Use the ferry crew's knowledge to understand ferry use. That hasn't happened. Talk to the ferry crew members to find out what they know. Think about maintenance. The present ferry is not falling apart. Mark Sexton, 3093 Mt. Vista Drive, Lummi Island, stated the recent internet survey regarding ferry service was misconstrued. It should not be used for real information. There is no way to tell who is responding. The working class are being edged off the island. He and his wife must ride the ferry every day to get to work. Without appropriate service, they have to wait in line for a long time and they can't maintain employment. Get more reliable service. The service now is not reliable. Nancy Ging, 2386 Tuttle Road, Lummi Island, stated she completely supports the proposal. Be careful about creating a hybrid ordinance out of both proposed plans, which may require another public hearing. Councilmember Weimer has spent a lot of time on these issues. His plan takes a lot of things into account, such as truck multi -ride discounts to benefit local businesses on the island. Adopt this plan as proposed. John Robinson, 3679 Sunrise Road, Lummi Island, stated the County has tried to collect fares in many different ways. The problem is that they don't know whether they've actually captured 55 percent of the operating costs, as required. They haven't seen how last year's rate increase will affect the percentage. If they collect more than 55 percent, let the residents know and roll that money over into the following year. In the past, surpluses were put in the general fund. Jon Fincke, 2647 Island View, Lummi Island, stated he thanks Councilmember Weimer's proposal. It's fair and what they need. He thanked Councilmember Brenner for Whatcom County Council, 3/11/2008, Page 4 311 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. her past interest in Lummi Island residents. He would like more information. The record should remain open for more information. Randy Smith, 2620 North Nugent Road, Lummi Island, stated he supports Councilmember Weimer's proposal. Move slowly on the new ferry. Robin Richardson, 3837 Legoe Bay Road, Lummi Island, stated she questions the 80 percent fare increase for pedestrian passengers. The car and driver increase is 33 percent. The purpose of the ferry is to carry people. The program should be based on people, not cars. The more pedestrian passengers they have, the more people they can transport per ferry run. Don't discourage pedestrian passengers. There are many benefits to encouraging pedestrian passengers and carpooling. Dave Ernst, 2884 West Shore Drive, Lummi Island, stated leave the pedestrian passenger ferry rate as it is and increase the rest of it. The County's newly -built parking lot is never full. Darlyn DelBoca, Lummi Island, stated she supports favoring pedestrian use of the ferry. A new ferry should be a pedestrian passenger ferry only. Keep the community diverse. She does not support the fare increases if they are to support a new ferry. There's no justification for a new ferry. Ben Smith, 1247 Island Drive, Lummi Island, stated transportation costs are going up every day. Keep the fares affordable, because employee wages aren't going up. Find a way to keep fares affordable. Dave Barker, 3816 Centerview Road, Lummi Island, stated many cement trucks come and go off the island. They should not get a discount. If the rate keeps going up, he will start walking. Robin Aspman-O'Callaghan, 2284 North Nugent Road, Lummi Island, stated this ferry is great service. The ferry service is the same as a road. They are constantly discriminated against. Councilmember Weimer works with the residents. Public Works Director Abart may be willing to work with the residents. Raising the rate is not fiscally responsible. A new ferry is ludicrous. Kirstan Satter, 3864 Centerview Road, Lummi Island, stated the community's diversity is threatened by large fare increases. Families may be forced off the island. They will take with them a vibrant part of the community, the children. Ian O'Callaghan, 2284 North Nugent Road, Lummi Island, stated be fiscally conservative. Look at long-term costs before raising rates. They haven't got a lease yet with the Lummi Nation about where a new dock will be. Each location will require a radically different design. The Whatcom Chief has broken down only twice in the last 15 years. That's reliable. The only time he has to wait for the ferry for more than 45 minutes is during holidays. Don Wines, 2219 North Nugent Road, Lummi Island, stated the ferry rates have been discussed, but not a cost analysis on the increased cost. He questioned the cost of the ferry administrator. If the need for an administrator is because of a capital project, that Whatcom County Council, 3/11/2008, Page 5 312 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. isn't an operating cost. There's been no discussion of whether the cost of the docks should or shouldn't be included in the operating costs. He asked what is the driving force for a new ferry. The cost of a new ferry isn't worth it for ten cars per hour. He would like more information. Ben Rogers, 2877 North Nugent Road, Lummi Island, stated he supports the ordinance. Don't look into a craft that will carry more cars. Look into other options to carry people, not cars, efficiently. He asked whether more cars is really a desirable option. Don't let the cars rule the decision. David Krilanovich, 2392 North Nugent Road, stated that every time the ferry rates go up, fewer less people use the ferry. There are only lines for the ferry in the summer time. They need to increase rates for recreational users. Colleen Berg, 2109 Tuttle Lane, Lummi Island, stated she prefers no fare increase. The committee discussed earlier eliminating the Slater Road project. The dock lease with the Lummi Nation will be up soon. It seems counterproductive to cancel a project that will benefit the Lummi Nation right before asking them to renew the dock lease. Increase public transit that meets with the ferry. The Lummi Nation is willing to help with that. Whatcom Transportation Authority (WTA) could be mandated or encouraged to be more cooperative. Hearing no one else, Weimer closed the public hearing. Caskey-Schreiber stated she prefers that Councilmembers Weimer and Crawford negotiate a revised version of the ordinance to be introduced in two weeks and scheduled in committee. Brenner stated she is ready to vote down Councilmember Crawford's version. It's not productive to leave it sitting for two weeks. Nelson asked if the financial impact of the proposal has been evaluated. Weimer stated it has. It is in the introduction items. Crawford stated the administration has not done a financial impact analysis. Weimer stated the administration has looked at his proposal. The administration knows where all the numbers come from. He hasn't received anything from Public Works Director Frank Abart, who has looked at it. Nelson asked if this proposal is the same that Councilmember Weimer brought forward before. Weimer stated it is not. The rate structure is the same, with a 15 percent increase across the board. That alleviates the operating cost deficit quicker than Councilmember Crawford's proposal. He changed the way the deficit is figured. Crawford stated he disagrees. Nelson stated evaluate both proposals. Whatcom County Council, 3/11/2008, Page 6 313 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 stated Councilmember Weimer's proposal does not project six years out, like his does. Until they evaluate projected increased costs, Councilmember Weimer has simply given a proposal for 2008. They have not addressed the issue of escalating the fare structure every two years. The community seems to be more receptive of Councilmember Weimer's proposal. If the administration believes that the 2007 numbers are accurate, and if they repeat the purchase patter of 2007, Councilmember Weimer's proposal for 2008 pulls more money out of people using the ferry than his proposal. If they implement that structure, then implement it for one year to see if innovative ideas, such as a summer rate increase, really works. He would not support certain components of Councilmember Weimer's proposal, such as moving the State revenue figure in the fare box recovery formula. If Councilmember Weimer were willing to amend his proposal to take out those shifts and look just at the rate structure for one year. However, the administration should evaluate the proposal in the next two weeks, and project escalating costs for the next six years. His proposal is for the next six years that takes into account significant increased costs. They also need to recover the deficit. He doesn't believe the administration evaluated Councilmember Weimer's proposal for sustainability. They need to go either one direction or the other with the rate structure. He's interested only in Councilmember Weimer's proposed rate structure. He's not interested in shifting the calculation for fare box recovery. Weimer stated the administration has had his proposal for awhile. It hasn't mentioned anything. His proposal projects six years. Councilmember Crawford's proposal doesn't provide information on the numbers he uses for revenue, expenditures, or ridership. There is no way the Council can evaluate what Councilmember Crawford proposes without those numbers. He asked for those numbers from the administration, and hasn't seen those yet. Crawford stated his proposal is to move forward with option one of Frank Abart's presentation of November 2007. Brenner stated she will propose removing the docks from the ferry fare calculation. A fare increase will drive people out of their homes. Numbers can be manipulated to reflect any argument. (Clerk's Note: End of tape one, side 8.) Brenner continued to state that the ferry is a public road, no matter how many people live on the road. Councilmember Weimer's proposal makes more sense. She moved to adopt Councilmember Crawford's ordinance, but she will not vote for the motion. Fleetwood moved to table for two weeks to get answers to questions and to allow Councilmembers Weimer and Crawford to work together on a combined proposal. Crawford stated he asks the administration whether Councilmember Weimer's proposal is sustainable and about components of the fare box recovery calculations. Whatcom County Council, 3/11/2008, Page 7 314 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. Frank Abart, Public Works Department Director, stated the administration has evaluated Councilmember Weimer's proposal. They spend a lot of administrative time answering questions. The Public Works Department proposed Councilmember Crawford's proposal last Fall. He would like to evaluate Councilmember Weimer's proposal further. He asked councilmembers to send specific questions via email to the Public Works Department. He thought he had submitted all the data for his option A last Fall. One big difference between the two proposals is that option A from last Fall does not require an additional impact to the road fund. Crawford asked the fiscal impact of Councilmember Weimer's proposal. Abart stated the impact to the road fund now appears to be a little over $100,000 per year. Operating a ferry costs money. Someone has to pay for it. It's up to the Council to determine who pays and how much. Kelly asked if Councilmembers Weimer and Crawford are close enough to negotiate one proposal. If they aren't, they are right back where they started in two weeks. The costs are adding up every day. Weimer stated he prefers to try to negotiate a compromise. Instead of bringing it back to a full Council meeting, discuss the differences during a committee meeting and get a committee recommendation. Crawford stated he would like more information from the administration in a spreadsheet or in writing. He would like minimal analysis in writing of any issues related to Councilmember Weimer's proposal and how it will affect the road fund. That is his concern. Stay flexible about how they do the rate schedule structure. Dewey Desler, Deputy Administration, stated the administration can provide information. Nelson stated the issue should be scheduled in the Public Works Committee. The Finance Committee has time constraints. Fleetwood amended his motion and moved to hold in the Public Works Committee. Motion to refer to the Public Works Committee carried unanimously. Brenner asked why the videographer left early. Joe Bates, Administrative Services Department, stated there are conflicts with the new sound system. They will work it out first thing tomorrow. He has been trying to schedule a meeting with the Council about upgrading the video broadcast of Council meetings, but the Council hasn't had time. Brenner stated they can schedule a special meeting next week. 1. ORDINANCE REGARDING THE TEMPORARY INSTALLATION OF STOP SIGNS ON BAKER LAKE ROAD AT BOTH ENDS OF THE SULPHUR CREEK BRIDGE #422; CRP #908013 (AB2008-095) Whatcom County Council, 3/11/2008, Page 8 315 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 opened the public hearing and, hearing no one, closed the public hearing. Nelson moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE (INTERIM) REGARDING THE UR AND URM ZONING DISTRICTS IN THE BELLINGHAM URBAN GROWTH AREA RELATING TO DENSITY, LOT CLUSTERING, AND RESERVE TRACTS (AB2008-108) Weimer opened the public hearing and the following person spoke: Wendy Harris, 3928 E. Connecticut Street, Bellingham, stated she is a Silver Beach resident. She is opposed to creating urban growth areas (UGA's) in the watershed. The UGA's in the watershed violate the Growth Management Act (GMA), Shoreline Management Act (SMA), the Clean Water Act, and the County Comprehensive Plan. She is opposed to the interim ordinance as it relates to the watershed UGA's for the same reasons. They need more restrictive land use regulations set out in the Silver Beach Ordinance and the County Stormwater Management Plan. Some of the most egregious problems are in Hillsdale. There is no justification for failing to immediately hold the Hillsdale UGA to the same standards imposed upon Silver Beach. They must remedy the net loss of function right now, not later. The proposed interim ordinance ignores the special level of protection that should be afforded to Lake Whatcom and the urgency of the situation. The County Comprehensive Plan provides for special treatment of the Lake Whatcom watershed as a source of potable water, including reduction in watershed density and adoption of best management practices to preserve the resource. Zoning regulations and development standards should protect waters resources and potable water supplies when there are conflicts with designations provided by the Growth Management Act. When conflicts exist, protecting the reservoir takes priority over creating UGA's. Hearing no one else, Weimer closed the public hearing. Nelson moved to adopt the ordinance. Brenner stated this ordinance does not reduce any standards. The standards are the same or more restrict than they were. Cathy Craver, Planning and Development Services Department, stated that is correct. This is to address clustering and reserve tracts for certain zones until the UGA update is complete. It doesn't affect any watershed regulations. Motion carried unanimously. 3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTERS 20.71, 20.80.635, AND 20.80.735, ON AN INTERIM BASIS, TO ADD LAKE PADDEN AS A WATER RESOURCE PROTECTION OVERLAY DISTRICT, STORMWATER SPECIAL DISTRICT, AND WATER RESOURCE SPECIAL MANAGEMENT AREA (AB2008-094) Whatcom County Council, 3/11/2008, Page 9 316 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 opened the public hearing and the following people spoke: Mary Dickinson, Building Industry Association (BIA) of Whatcom County Governmental Affairs Director, stated builders and BIA members will have a discussion in April about watershed enforcement before the building season starts. There is no published map or geographical coordinates of where the watershed actually is. The County staff has a map. A map should be published with the Council packet. Dan McShane, Grant Street, Bellingham, submitted and read from information (on file). Lake degradation is going to happen, just like it happened with Lake Whatcom. The draft stormwater plan for this area is now out of date. The City of Bellingham is also concerned about stormwater in this watershed. This ordinance is important to protect the fiscal well-being of the County. If they don't have these regulations, the County will face the same costs it faces with Lake Whatcom, even though it's not a drinking water source. Also (inaudible). Kelly asked if Lake Whatcom is on the 303(d) list of impaired water bodies. McShane stated it is. Lake Padden is on the list for consideration. It's in consideration for PCB's and dissolved oxygen, driven by phosphorus loading, which is related to land clearing and development. Patrick Alesse, 4825 Alderson Road, Blaine, stated he agrees with Mr. McShane. The Councilmembers disagree well. Hearing no one else, Weimer closed the public hearing. Nelson stated he's found alpine lakes on the 303(d) list. The purpose is to find water bodies that face impairment. He asked the County's legal responsibilities when it may not have control over some of these areas. Kelly stated that because this lake is being considered for the list, they know there are problems and they should do whatever they can to not exacerbate those problems and to head them off before it gets to the list. The lake will get on the list. They know about the problems. It's a good reason to take action. Weimer stated that once a water body is on the list, the State Department of Ecology schedules a total maximum daily load (TMDL) study, which can take awhile. Brenner stated she supports the ordinance, but not indefinitely. Get started on low - impact development. They need to allow people to develop their properties unless the County wants to buy them. Moratoria are to be temporary while they put things in place. It shouldn't be used for preventative measures. Don't be held hostage to a TMDL study. Caskey-Schreiber stated that this ordinance imposes some low -impact development (LID) standards. There are restrictions on impervious surfaces and footprint. If the City doesn't want to annex certain urban growth areas (UGA's) because of cost, the County should possibly not allow the density for that area. The County will have to service the area. She's not sure if this ordinance will lead to that discussion. Whatcom County Council, 3/11/2008, Page 10 317 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 they should also take a look at Yew Street Road if the City won't annex that area. Brenner stated the City won't annex areas because the County makes improvements, and the City doesn't want to reimburse the County for those improvements. Fleetwood moved to adopt the ordinance. Motion carried 6-1 with Crawford opposed. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Brenner stated that item two should specify that the contract will go to the lowest responsive bidder. Crawford stated the paperwork in the Council packet is correct, but the title wording only is not correct. The committee simply clarified the title. Motion to approve Consent Agenda items one through five carried unanimously. 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NEW WORLD SYSTEMS CORPORATION FOR THE MAINTENANCE OF THE AEGIS PUBLIC SAFETY INTERFACE SOFTWARE AS/400 STATE/NCIC INTERFACE IN THE AMOUNT OF $27,000(AB2008-115) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-15 TO THE BIDDER WITH THE BEST VALUE BASED ON PRICE AND COST TO TRANSPORT ASPHALTIC MIXES TO THE JOB SITE IN THE AMOUNT OF $85,000 (AB2008-116) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-16 TO LOW BIDDER MCASPHALT INDUSTRIES FOR THE DELIVERY AND SUPPLY OF ASPHALTIC EMULSIONS (ROAD OIL) IN THE AMOUNT OF $950,000 (AB2008-117) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE PURCHASE OF THREE SMALL PICKUP TRUCKS FROM JERRY CHAMBERS CHEVROLET, USING THE WASHINGTON STATE CONTRACT, IN THE AMOUNT OF $57,929.41 (AB2008-118) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE PURCHASE OF LIGHT BARS AND RELATED EQUIPMENT FOR INSTALLATION ON NEW SHERIFF'S VEHICLES FROM MCLOUGHLIN EARDLEY COMPANY, Whatcom County Council, 3/11/2008, Page 11 318 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. USING THE WASHINGTON STATE CONTRACT, IN THE AMOUNT OF $108,332.69 (AB2008-119) OTHER ITEMS 1. ORDINANCE FOR PROJECT -BASED BUDGET REQUEST NO. 2008-02 FOR COUNTY ROAD PROJECT 905014, REPLACEMENT OF THE WHATCOM CHIEF (AB2008-109) Nelson reported for the Finance and Administrative Services Committee and stated this item is held in committee for two weeks. 2. CLARIFICATION OF CONTRACT LANGUAGE AND VOTE ON THE REQUEST FOR AUTHORIZATION FOR THE EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CONSERVATION NORTHWEST FOR THE LEGACY PROJECT IN THE AMOUNT OF $55,000 (AB2008-104) Nelson reported for Finance and Administrative Services Committee and stated this item is held in committee for two weeks. Caskey-Schreiber moved to approve the request. This is simply to correct an error. The Council's intent to support this was already demonstrated by its last vote on this issue. Nelson stated the error was the issue. The contractor has authority to charge the County for up to $30,000 for software that for which it isn't paying that much. Caskey-Schreiber stated she's confident that they responded to the request for qualifications (RFQ). The intent is there. (Clerk's Note: End of tape two, side A.) Crawford stated there is written detail that the contractor is going to receive that same service for $4,600, but the contractor says it will cost over $50,000 and the County is to pay $35,000 of that amount. The administration says it will take that detailed quote and compare it to the deliverable to see if it's the same product. Weimer stated it seems that the overlays in the biodiversity map from Conservation Northwest were not mentioned by Nature Serve. It looked like Nature Serve was going to look at the Conservation Northwest map and say whether or not it was any good. It wasn't to produce the same type of map. It was an assessment of their map. Brenner stated it has a lot to do with their charges to train people. They couldn't guarantee things because it wasn't them doing it. They also talked about the cost to train County staff to do the same thing. There is a huge difference in price. Planning staff told her the cost of the software is $2,500. Get clarification about adding the software. She asked why they aren't training staff to provide this service. Whatcom County Council, 3/11/2008, Page 12 319 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 person who did the maps is an intern. She's not sure that the County can accept that without someone to give it a second look. These questions deserve to be answered. Nelson stated he's disappointed that this is being shoved through. They wanted an inclusive process, but formed a process that is exclusive. Brenner stated Dick Gilda wrote the Council a letter about having a cooling off period instead of moving forward. It's not about whether this organization is going to be objective. It's about the fact that people can't be objective when they are passionate about something, no matter how good their intentions. They should divide the scope into two contracts, the mapping and the survey. These things have to be done by disinterested third parties. Two people on the steering committee say it's doing good things, but that there isn't a good cross-section of people. Fleetwood asked if the administration recommends approval of this contract. Pete Kremen, County Executive, stated it does. Caskey-Schreiber stated that anyone is welcome to participate with the contractor. The focus of this effort is public participation. This group is diverse. Nelson stated they are supporting and funding this organization. The question is whether this is the direction they are going and whether they are planning for the future. Another question is about the survey. He asked if the survey is going to be the start of the Comprehensive Plan process. It isn't included in the Comprehensive Plan amendments. He asked if an outside citizen group is designing their process or if the administration will bring forward a process for Comprehensive Plan changes. Motion carried 4-3 with Nelson, Brenner, and Crawford opposed. 10. RESOLUTION SUPPORTING IMPLEMENTATION OF THE NORTH CASCADES GRIZZLY BEAR RECOVERY PLAN (AB2008-111) Caskey-Schreiber moved to approve the resolution. Crawford stated this is a tough issue for him because of the idea that they are bringing in a predator species at some point. The plan has its merits. When they physically import bears into the area, it will be extremely controversial. He's not sure he's ready to support it at this time. Caskey-Schreiber stated she appreciates that Councilmember Crawford considered it. Brenner stated introducing the wolves was controversial. There problems they thought would occur didn't. Nelson stated the grizzly bear is a natural inhabitant of this area. The only reason they're gone is from a lot of agricultural and forestry practices. It will take a lot of land use to maintain them. Whatcom County Council, 3/11/2008, Page 13 320 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 6-1 with Crawford opposed. 3. RESOLUTION INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS FOR 2008 (AB2008-120) Fleetwood reported for the Planning and Development Committee and moved to approve the substitute list of docket items, submitted by Mr. Stalheim (on file). The substitute version of the list replaces the 2008 docket numbers with the original 2007 docket numbers for those items that the Council docketed in 2007 and deletes item 2008-H. Crawford stated he will support the motion. However, citizen applications with accompanying fees should receive consideration. They are denying this person's opportunity to have a public hearing with a staff recommendation. There may be very good reasons why this is not an appropriate area for the agriculture zone. They won't know those reasons until the staff has had an opportunity to look at the area and the applicant has an opportunity to present the information. Citizens who come forward with legitimate land use concerns should have their hearing day without getting shut down first. Brenner stated it's not just about agriculture. It's also about whether they want more density in that area. She doesn't want to create more density in rural areas. They are talking about downzoning even more. They certainly don't want to upzone an area. She can't imagine why they'd want to put this request through the process. Nelson stated that if an item is docketed, a citizen would pay. Now, they're demonstrating to the citizen that the Council isn't interested in moving forward with this, and the citizen shouldn't waste his or her money on this process. He would rather let the citizen know ahead of time whether there is any chance for success. That's what this vote is about. Caskey-Schreiber stated she has a no net loss policy for agriculture. Two acres of farmland are lost every minute of every day in the country. Also, the Council has a right to turn down the request initially. It saves the applicant money. The County has a big enough problem with the 85,000 acres zoned rural, one unit per five acres (R5A) in this county and the 25,000 acres zoned rural, one unit per ten acres (R10A). The last thing she wants to do is add more to that problem. It's more expensive to service R5A and R10A zones than agricultural zones. Weimer moved to amend the resolution, "NOW, THEREFORE BE IT RESOLVED, that the Whatcom County Council hereby initiates for formal review the amendments shown on attached exhibit A, identified with 2008 docketing numbers, and urges the completion of the review process for those items included in exhibit A and identified with 2007 docketing numbers." Given the language as it is without the amendment, it appears they're docketing the 2007 items, which they've already docketed. Don't set a precedent that items will lapse and not get done if they aren't re -docketed in future list. The language clarifies that they aren't re -docketing the 2007 items, just asking that they be completed. Fleetwood accepted the motion as a friendly amendment. Motion to approve substitute exhibit A and the resolution as amended carried unanimously. Whatcom County Council, 3/11/2008, Page 14 321 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 4. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF JUSTIN MOSIMAN TO THE VETERAN'S ADVISORY BOARD (AB2008-122) Nelson moved to confirm the appointment. Motion carried unanimously. S. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF CHARLIE RINKER TO LAKE MANAGEMENT DISTRICT #1 (AB2008-123) Fleetwood moved to confirm the appointment. Motion carried unanimously. 6. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF DAVID MOODY TO THE SUBSTANCE ABUSE ADVISORY BOARD (AB2008-124) Crawford moved to confirm the appointment. He is a very qualified individual. Motion carried unanimously. 7. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF CANDACE JOHNSON TO FILL THE DISTRICT 1 POSITION ON THE PARKS AND RECREATION COMMISSION (AB2008-125) Caskey-Schreiber moved to confirm the appointment. Motion carried unanimously. 8. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF JAYNE JURADO TO THE PUBLIC HEALTH ADVISORY BOARD (AB2008-126) Nelson moved to confirm the appointment. Motion carried unanimously. 9. APPOINTMENT TO UTILITIES PLANNING AND ADVISORY COMMITTEE - DISTRICT 2, APPLICANT: SEAN WILSON (AB2008-128) Caskey-Schreiber moved to confirm the appointment. Motion carried unanimously. Addendum: Whatcom County Council, 3/11/2008, Page 15 322 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. 11. APPROVAL OR WITHDRAWAL OF CONTINUED LOCAL SPONSORSHIP OF WORK ON THE SANDE-WILLIAMS LEVEE (AB2008-132) Nelson reported for Finance and Administrative Services Committee and moved to approve the request to withdrawal local sponsorship. Motion carried unanimously. INTRODUCTION ITEMS Crawford moved to accept Introduction Items one through six and eight, including the substitute for Introduction Item four. Motion carried unanimously. 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.32, BOATING AND SWIMMING, SPECIAL RESTRICTIONS (AB2008-078) 2. ORDINANCE LIMITING, ON AN INTERIM BASIS, THE SIZE OF LARGE COMMERCIAL RETAIL ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER JURISDICTIONS WITHIN WHATCOM COUNTY (AB2008-112) 3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2008-114) 4. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #5, IN THE AMOUNT OF $248,274.00 (AB2008-127) S. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.05, ON -SITE SEWAGE SYSTEM REGULATIONS (AB2008-071) (REVISED) 6. RESOLUTION ADOPTING A WHATCOM COUNTY ON -SITE SEWAGE LOCAL MANAGEMENT PLAN (AB2008-072) (REVISED) 7. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085B) 8. RESOLUTION ESTABLISHING WHATCOM COUNTY CODE 2.93, BIRCH BAY WATERSHED AQUATIC RESOURCES MANAGEMENT ADVISORY COMMITTEE (AB2008-129) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) OTHER BUSINESS Whatcom County Council, 3/11/2008, Page 16 323 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 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 there is a proposal before the Energy Facility Site Evaluation Council (EFSEC) for a facility at Cherry Point. The hearing is scheduled in Olympia, but it's supposed to be in the local area where the project is located. Weimer stated it is just a change of an existing permit. There isn't anything new happening. Unidentified speaker stated that hearings aren't required to be in the local community. Brenner stated the Whatcom Transportation Authority (WTA) doesn't have a biodiesel facility. It should have one. Also, the bus service through Cordata backs up traffic during rush hour. Crawford stated his trip to Washington D.C. was productive. Executive Kremen is optimistic that the potential revenue stream may result in millions of dollars returning to the county. Weimer submitted draft letters regarding Swift Creek for Council approval (on file). Nelson moved to send the letters. Motion carried unanimously, REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports or other business from Councilmembers. ADJOURN The meeting adjourned at 10:07 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Whatcom County Council, 3/11/2008, Page 17 324 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 1 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 4/14/2008 4/22/2008 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budget Executive: TITLE OF DOCUMENT. Appointments to the Lynden/Everson Flood Control Sub -Zone Advisory Committee ATTACHMENTS: Applications SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Appointments to fill vacancies on the Lynden/Everson Flood Control Sub -Zone Advisory Committee. Applicants: Jeff DeJong and Hans Wolfisberg 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 Coun 's website at: www. co. whatcom. wa. us/council 325 PETE KREMEN County Executives C R APR 10 2008 'WHATCOM COUNTY C0UNCI�F. �i' T✓cJ o�L�L/ O 6 7 (O COUNCILMEMBERS?O/ Barbara E. Brenner Sam Crawford Marlene Dawson Connie Hoag Robert A. Imhof Dan McShane L. Ward Nelson APPLICATION FOR AIPPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or comrnittee-please see reverse: i" J"' ���t�l f %fj( Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? (&yes ( ) no Name: Street Address: l D 3 o 46491 V City: Mailing Address (if different from street address): O Two ( ) Three Are you a registered voter? PQ yes ( ) no Date: 3- 2, ( -P Zip Code: Day Telephone: el 73 Evening Telephone: _(366j- ;I -©-/q�/ Fax Number: E-mail address: Occupation (If retired, please indicate former occupation): baZYy ✓t-1^'%V Professional/Community Activities: Education:'.� 6 Co loti', GA'VL;,, lam? `(et,c- -- 6r) k! Qualifications related to position: rdm vlL44 Describe why you are interestedinserving on this board or commission: T A a �C ,. Q Iw 't t 1, Cs i � v/ _44�, I nv e��L� �t e��G vi ` -ci C.'V Do you or your spouse ha agency that does business w If yes, please explain: E a financial interest in or are you an employee or officer of any business or ith Whatcorn County? s 64 no 5 A-e&t L GI f g r^..1 t r&L— 6'. " V // References (please include name and daytime telephone number): Ff"J Po f�41t,17 Signature of applicant: As a candidate to a pu�kWoarc�lqr commission, the above information will be available to the ou ty C ncil, County Executive, and the public. 326 PETE KREMEN ' e4a r County Exe ve'le Qdhatoom m�� MECE�VE D APR 10 2008 WHATCOM COUNTY COUNCIL COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Marlene Dawson Connie Hoag Robert A. Imhof Dan McShane L. Ward Nelson APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: <_ G12'rsoti /L�1h�PL+ ��( i�r��►�ro� �c, -off /�O/�i.%�� Which position on this board are you applying for (if applicable)? c�.�c% Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? ( ) yes X no Are you a registered voter? ( ) yes (kj no Name: 1/IS 4/0 1, iS �4? Date: /Zs loe Street Address: City:-yel-so r LA Y92g7 Zip Code: C/�Z q7 Mailing Address (if different from street address): SOA-" e-- Day Telephone: 35V 'P0 &/O Evening Telephone: Se Fax Number: E-mail address: Occupation (If retired, please indicate former occupation): Professional/Community Activities: 4 Education:axS 11_7� Qualifications related to position: e A Describe why you are interested in serving on this board or commission: Cl'" WOWh eS 0 0,;-7 07 Do you or your spouse have a tinancial interest in or are you an employee or otticer of any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number): I^ Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 327