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Home My WebLink AboutPacket Mar 11 2008WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-09 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: DD 03104108 03111108 Finance Originator: Committee Division Head. - Dept. Head: Prosecutor: Purchasing/Budg et: Executive: TITLE OF DOCUMENT. Discussion with Deputy Administrator, Dewey Desler, regarding Road Fund Capital Project schedule timing and funding ATTACHMENTS: None SEPA review required? ( ) Yes ( x ) NO I 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.) Discussion with Deputy Administrator, Dewey Desler, regarding Road Fund Capital Project schedule timing and funding 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 WHATCOM COUNTY CO UNCIL AGENDA BILL NO. 2008- 1 09 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assed to:� Introduction Originator: Z if 1 Q I U E CC E� V E D 2126108 Division Head: �� C7� 3111108 Finance/Council Dept. Head: FEB � � 2008 / J G oa1 1 Prosecutor: VI TGOM COUNTY PurchasingB dget: 66 d Z 1� ,08 COUNCIL Executive: V TITLE F D CUMENT. Project Based Budget Request No. 2008-02 for County Road Project 905014, Replacement of the Whatcom Chief ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Budget Request Tracking Form 4. Project Summary Sheet SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) 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.) Project Based Budget Request No. 2008-02. Request in the amount of $11,500,000 to fund construction of a new 35- car ferry for the Lummi Island ferry system to replace the Whatcom Chief. COMMITTEE ACTION: COUNCIL ACTION.- 2/26/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 2 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director MEMORANDUM JOSEPH P. RUTAN, P.E. Assistant Director/County Road Engineer 2011 Young St., Suite 201 Bellingham, WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Directo Ovr FROM: Joseph P. Rutan, P.E., Asst. Director/County Road Engine dk Chris C. Brueske, P.E., Engineering Manager DATE: February 14, 2008 SUBJECT: Project Based Budget Request No. 2008-02 for CRP 905014, Replacement of the Whatcom Chief Requested Action: Public works respectfully requests that the Council approve Project Based Budget Request No. 2008-02 in the amount of $11,500,000 to fund construction of a new 35-car ferry for the Lummi Island ferry system. Background and Purpose: The 2008 Annual Road Construction Program (ACP) was adopted by Council on October 23, 2007. Replacement of the Whatcom Chief is listed on the ACP as Item No. 30. As previously described during the budget review process, the necessary authority to expend funds for this project in 2008 and beyond were not included in the Public Works based budget approved by Council on December 4, 2007. The necessary budgetary authority is now being sought through the attached ordinance. This will allow the Executive to enter into contracts on behalf of the County in order to complete acquisition of the new ferry. Information This budget request is intended to fund the construction of the new 35-car Lummi Island ferry. Also included within this budget request is engineering and inspection during construction of the ferry. Previously budgeted and expended funds for the design of the new ferry total approximately $335,000. Whatcom County has received grant funding for the ferry replacement in the amount of $8.15 million. This funding will be received by Whatcom County in annual payments of $407,500 every year for twenty years. 3 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 SPONSORED BY: PROPOSED BY: Public Works INTRODUCTION DATE: February 26, 2008 ORDINANCE NO. APPROVING PROJECT BASED BUDGET REQUEST NO. 2008-02 FOR CRP 905014: REPLACEMENT OF THE WHATCOM CHIEF WHEREAS, the 2008-2013 Six Year Transportation Improvement Program (STIP) was adopted September 11, 2007; and the 2008 Annual Transportation Construction Program (ATOP) was adopted by Resolution 2007-055 on October 23, 2007, and WHEREAS, County Road Project No. 905014 "Replacement of the Whatcom Chief' is listed as Priority No. 30 on the STIP and Priority No. 20 on the ATOP, and WHEREAS, this is a multi -year capital project requiring budget approval, and WHEREAS, the County has been awarded grant funds in the amount of $8.15 million toward replacement of the Lummi Island ferry, NOW, THEREFORE, BE IT ORDAINED, that the project numbered CRP #905014 (Replacement of the Whatcom Chief) be approved with an initial project budget of $11,500,000 as described in Attachment "A" for CRP 905014, Replacement of the Whatcom Chief, is hereby adopted; and BE IT FURTHER ORDAINED THAT, the County Executive shall have authority to enter into contracts on behalf of the County to complete this project, and BE IT FURTHER ORDAINED THAT, this authority shall be for the duration of the project, and the status of the project shall be reported to the Executive and Council in the format shown on Attachment "A" quarterly until completion. ADOPTED this day of , 2008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: ( ) Approved ( ) Denied Civil Deputy Prosecutor Pete Kremen, Executive Date: 0 Attachment "A" Project Based Budget - Budget Request Tracking Sheet Project Title: Replacement of the Whatcom Chief 2/1/2008 CRP # 905014 By: CB Project Based Budget Request: No. 2008-02 Duration Requested: Budget approval is requested for the life of the project. (current forecast is 2-3 years) Budget Activity Amount Amount Amount Account Previous This Request To Date 1- Construction (including CE) $ - $ 10,000,000.00 $ 10,000,000.00 Sub -Total $ - $ 10,000,000.00 $ 10,000,000.00 2- Contingency (15% of listed activities)** $ - $ 1,500,000.00 $ 1,500,000.00 Total Request $ - $ 11,500,000.00 ** Contingency of 15% of total project budget may be applied to activity 1 with the total contingency amount not to exceed activity 2 amount. This project was listed with estimated costs as shown below on the six year plan: 6630.595110 PSE 595300 Construction (includes CE) TOTAL Estimated Costs $ 150,000.00 $ 8,000,000.00 $ 8,150,000.00 New Estimate $ 10,000,000.00 $ 10,000,000.00 $ 11, 500, 000.00 (Design is complete) 5 Whatcom County Public Works 2008 Annual Construction Program Project Narrative Replacement of the Whatcom Chief CRP #905014 2008 Annual Construction Program Construction Funding Year(s): 2008-2010 Project Narrative: This major capital improvement project is the design/construction of a 35-vehicle ferry. The new ferry will replace the 1962 vintage, 20- vehicle ferry MN Whatcom Chief that runs between Gooseberry Point on the Lummi Nation to Lummi Island located in Sections 3 and 4 T 37 N R 1 E. The new ferry will provide greater system capacity and improved safety. This project is listed #30 on the 2008 — 2013 Six Year Transportation Improvement Program. Project Status: A design was completed in 2006, a call for Bids will occur in 2008 with construction com leted in 2010. Project Funding: 2008 TOTAL Federal / State - $0 Local - $150,000 $8,150,000 Total - $150,000 $8,150,000 Environmental Permitting (Agencies/Permits): N/A Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A Design Concept Drawing _= 1 ------- -------- 1 — -_ ,:�� t�ll�"1P°il�"1l°'�®6`"I�"i® l�1P°"fi'" iF"'°'E"II►`''��:—• �:�.� :=:. ...m � • � i. .• n n ]Gus . nwvus. �S— 't3Lx-dS.Au s�I•%� fig { �� :�± _iF/''� �' i!'\.6c• �-�u , .... a1 ._.�. - ,.�a-•-a• : --•� -:r 1 •' � ..0 r-c-;�'ST}�•t� ,; ^a--,. �•�11r-.—t •can i a=--� N-. �.._---- ..- — �=-K�'4 �-�— � i eu-m /.�, �- ''`�i�p:71-?�� a��r,.�I,,.�,19��'�t�t��n��4`( j�;'�,'?�'r",a,-•rt��"�i"5n"s' �/\ 1�, �^^"" .�"'��m�s•M^�" i-.K+ ._ � �,- •, : = r' - 1 :'.gym...-..:m�;1 ulN UE[R A90..w.Nn� nL .` Y r-f- ; 1AAnnual Road Construction ProgramV2009 Project Narcativast30 Replacement Whatcom Chief Narrative Final Moot: WHATCOM COUNTY COUNCIL AGENDA BILL NO.. 2008-104 CLEARANCES Initial Date Date Received in Council Office Aaenda Date 26 08 Assigned to.] Finance 'ounc inance/Cou Originator., `u. F C 1 V E D u u J FEB 19 2008 Division. Head: 3/11/2008 Dept. Head: �(� Prosecutor. W H ATC O M C O LI N Y �r�^ COUNCIL Purchasing/Budget: kp 1/ 7 Executive: 7 TITLE OF DOCU OENT. Nhatcbm County Legacy Project ATTACHMENTS: Cover memo, Contract Information Sheet, Contract SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) No SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. This contract provides funding to .complete a series of projects for Whatcom County. These projects are components of the Whatcom Legacy Project - a community initiated long-term visioning effort, but also serve as stand-alone products which will augment other planning projects and programs. The specific deliverables are a Biodiversity Data Base and,a survey of community values. COMMITTEE ACTION: COUNCIL ACTION: 2/26/2008: Substitute Exhibit A of the 2/26/2008: Council Approved 4-3, contract. Failed. Nelson or Crawford will Crawford, Brenner & Nelson opposed withdraw from Consent. 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. 7 Supplemental Agenda Bill Sheet submitted by PDS 3/4/2008 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: r.• Ori inato E V D December 4, 2007 Finance March 11, 2008 Division Head: �® MAR 0 4 2008 Dept. Head: _ HATCOM COUNTY COUNCIL Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Whatcom County Legacy Project ATTACHMENTS: Cover memo, Contract Information Sheet, Contract SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) No SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: This contract provides funding to complete a series of projects for Whatcom County. These projects are components of the Whatcom Legacy Project - a community initiated long-term visioning effort, but also serve as stand-alone products which will augment other planning projects and programs. The specific deliverables are a Biodiversity Data Base and a survey of community values. COMMITTEE ACTION: COUNCIL ACTION: December 4, 2007 - Removed from Finance Committee December 4, 2007 - Pulled from Agenda Agenda February 26, 2007 - Council approved contract based February 26, 2007 - Finance Committee recommended on amendments to Exhibit A and Exhibit B. that the contract not be approved Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at., www.co.whatcom.wa.uslcouncil. WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive Dewey Desler, Deputy Administrator FROM: David Stalheim, Director" - RE: Legacy Planning for Whatcom County DATE: March 4, 2008 David Stalheim Director Linda I Peterson, AICP Long Range Planning Division Manager Enclosed are two (2) originals of the contract between Conservation Northwest and Whatcom County for your review and signature. ■ Background and Purpose This contract was first submitted in December 2007 for consideration. After questions were raised regarding the scope of work, the contractor has proposed clarifying language to address those issues. No changes are proposed that affect the overall budget allocated to this project from Whatcom County. Whatcom County Council authorized funds in the 07/08 budget for assisting in this project. The projects funded by this contract assist Whatcom County Planning and Development Services by providing a series of valuable deliverables which will benefit county conservation, habitat and open space programming — (Biodiversity Data Base/Map) and provide valuable public input on current county citizen values and preferences (Survey of Community Values). Citizen interest in a "long term" vision for Whatcom County has initiated the Whatcom Legacy Project. The purpose is to enable citizens, through a citizen led project, to create a vision and practical plan for Whatcom County's future generations. A citizen steering committee has been formed and has been working on a strategy to achieve their goal of creating a citizen based vision (see attached business plan and work plan). The overall project is anticipated to take four years to complete. Funding Amount and Source Funds were approved per ASR request #2007-580 in the amount of $35,000 for 2007 and $35,000 for 2008. Please contact David Stalheim at extension 50200, if you have any questions or concerns regarding the terms of this agreement. Encl. 9 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a0o90300.1 Originating Department. Planning & Development Services Contract Administrator.' David Stalheim Contractor's/Agency Name: Conservation Northwest 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) RFP 07-87 Contract Amount. (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more and any prior amendments) than $35, 000, please submit an Agenda Bill for Council approval and a $ 55, 000 supporting memo. Any amendment that provides either a 10% increase in This Amendment Amount. amount or more than $10,000, whichever is greater, must also go to Council $ and will need an agenda bill and supporting memo. If less than these Total Amended Amount. thresholds, just submit to Executive with supporting memo for approval. $ 55,000 Scope of Services This contract provides funding to complete a series of projects for Whatcom County. These projects are components of the Whatcom Legacy Project — a community initiated long-term visioning effort, but the also serve as stand- alone products which will augment other planning projects and programs. The specific deliverables are a Biodiversity Data Base, a survey of community values and a report summarizing the implementation options for a longterm vision for Whatcom County. Term of Contract. 10 Months Expiration Date:12131108 Contract Routinq Steps & Si noff. sin or initial indicate ate transmitted 1. Prepared by. Date [electronic] 2. Attorney reviewed. Date [electronic] 3. AS Finance reviewed. Date [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date (electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed: Date 8. Submitted to Exec Office Date [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 10 Cotjt,jOIL CONTRACT FOR SERVICES AGREEMENT CONSERVATION NORTHWEST Whatcom County Contract No. Conservation Northwest, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 Exhibit A (Scope of Work), pp. 8 to 9 Exhibit B (Compensation), pp. 10 to _, Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 12th day of March 2008, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of December 2008. The general purpose or objective of this Agreement is to: provide deliverables for the Legacy Project, 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 $55,000. 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 , 20 — CONTRACTOR: Name of contractor (Lisa McShane, Project Manager Conservation NW) STATE OF WASHINGTON ) ) ss. COUNTY OF ) On this _ day of , 20 _, before me personally appeared to me known to be the (title) of (Company) 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 v 1.0 Page - 1 - 11 WHATCOM COUNTY: Recommended for Approval: epa men 6 irector Date Approved as to form: Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Conservation Northwest Lisa McShane 1208 Bay Street Suite Bellingham, WA 98225 Phone: Fax: Email: Contract for Services Agreement v 1.0 Page - 2 - 12 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by,the County by reason of such default. 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accountinq and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All Contract for Services Agreement Page - 3 - v 1.0 13 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: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited. to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/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. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its .consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable Contract for Services Agreement Page - 4 - v 1.0 14 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: Not Applicable 34.1 Proof of Insurance: Not Applicable 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: fhe County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: 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 Page - 5 - v 1.0 15 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: David Stalheim, Director, Whatcom County Planning and Development Services 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement, Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section, Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 4049: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severabili : If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto, The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken, Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has Contract for Services Agreement Page - 6 - v 1.0 16 given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2,. 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise 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 Page - 7 - v 1.0 17 Exhibit A Scope of Services: Whatcom County Legacy Project For 2007-2008 This Scope of Services is developed to assist Whatcom County Planning and Development Services Department with addressing long range planning within Whatcom County. This is part of a larger effort on the part of the Whatcom Legacy Project to develop a range of alternative visions for the public regarding balanced solutions to growth that are based on community values and assessments and realistic constraints, with a goal of achieving consensus on future direction. This year's work sets the foundation for that later work. Exhibit B clarifies which portion of the following Scope of Services is to be paid for by Whatcom County and which tasks are to be paid for by others. The Scope of Services includes the following deliverables: Deliverable 1: Biodiversity Database Deliverable 2: Survey of Community Values Summary and overview The Whatcom Legacy Project (WLP) is a collaborative community -wide project that will work with the people of Whatcom County to map out and put in place a future that fits the community's values, that's created by citizens working together, that conserves what citizens value most, that reaches the broadest possible consensus for balanced solutions to growth and change and that's achievable. This is a four year project, from 2007 to 2010 with multiple funding sources. These are the steps developed in the WLP Work Plan to achieve the goal: ■ Determine current conditions ■ Project what future trends are likely ■ Gather extensive public feed back on future projections ■ Work with the public to map out a preferred yet realistic vision for the community's future ■ Research, and evaluate options for implementing a community long-term vision ■ Work with Whatcom County and citizens to implement the long-term vision. As much as possible use existing data to provide the foundation and input for the work and to build on and make good use of previous county and agency work. Within this Scope of Services we specify the deliverables for Whatcom County. Support needs from Whatcom County staff are also identified and are primarily limited to GIS support. Whatcom County's Scope of Services is a portion of a larger, community effort and products paid by and delivered to Whatcom County are part of the larger whole. Specifically the deliverables to be paid for by Whatcom County are the: • biodiversity map • a survey of community values Deliverable 1: Biodiversity Map This is a detailed raster map that compiles all pertinent studies and data regarding ecologically important lands and habitat into one flexible Geographic Information (GIS) database. This includes the integrity of terrestrial and freshwater ecosystems (but not marine), and their component species (i.e. mammals, birds, amphibians and reptiles). Data gaps and the level. of confidence in data quality are identified. The database is stored in Nature Serve's Vista conservation planning software, selected because it interfaces withboth community visioning and planning software such as CommunityViz. The database combines a number of earlier assessments into one useable database that spatially conveys the relative conservation value of all lands and waters in Whatcom County at a landscape -level scale. The assessment conducted to populate the GIS database represents the most comprehensive assessment of Whatcom County biodiversity to date, as it combined peer -reviewed assessment methodology with data from all of the following sources: • Assessment of Freshwater Systems for Washington State (Skidmore 2006) • North Cascades Ecoregional Assessment (Iachetti et al. 2006) • Washington State Comprehensive Wildlife Conservation Strategy (WDFW 2005) Contract for Services Agreement Page - 8 - v 1.0 IN • Washington State Gap Analysis Program (Cassidy et al. 1997) • Willamette Valley — Puget Trough —Georgia Basin Ecoregional Assessment • Whatcom County Critical Areas • Whatcom County Natural Heritage Plan • Whatcom County Shoreline Management Plan • Whatcom County Wildlife Atlas • Whatcom Land Trust Salmon, Eagle and Elk Analysis (TerraLogic 2000) As new data becomes available it can be added to the Biodiversity database. Whatcom County Support: Whatcom County will provide GIS support for housing the Biodiversity map for the project that will include the needed GIS and NatureServe Vista software licenses to utilize the work product, subject to funding availability. We encourage Whatcom County to acquire current licenses for CommunityViz software as it's a planning and visioning tool that works in concert with NatureServe Vista subject to funding availability. Delivered to Whatcom County: a. Biodiversity raster map that shows the relative biodiversity value of the landscape within Whatcom County. This includes a database that can be used to generate conservation summaries and can be used with CommunityViz software to guide scenario evaluation for use by Whatcom County Planning Department. b. A written report that documents the methodology, assumptions and general priorities for the Biodiversity Map. Cost to Whatcom County: $35,000 to be paid upon delivery of the Biodiversity Map. (Total cost of Biodiversity Map is $50, 977.) Benefits to Whatcom County: The Biodiversity Map is a compilation of all lands, habitats and species into one GIS database, and contains the data at a fine and very usable level. This tool provides significant stand-alone value for Whatcom County. The database will be of tremendous assistance to County staff in their day-to-day review of permits and applications, and a great tool in assessing the environmental impacts of projects. It can be used by Whatcom County parks and decision makers to target land acquisition funds efficiently so that the highest quality habitat and connected lands can be purchased or otherwise acquired. It can be used in transportation planning to better understand how to minimize road impacts. It can be used to effectively identify wetland mitigation and wildlife mitigation bank sites, preservation areas or restoration areas. This will enable Whatcom County to plan ahead to avoid future loss of species through a better understanding of important and critical habitats and of areas less sensitive to impacts. Deliverable 2: Survey of Community Values An important part of long-range planning is an up to date understanding of broad community values as they relate to land use and public facilities necessary for growth. The survey is a combination of an in-depth public survey with focus groups to enable us to understand more than just current opinions. Our goal is to better understand the values that form those opinions. Whatcom County Support: Review and comment on draft survey methodology, survey questions and survey report to ensure that the values survey will be useful for the 2011 GMA update. Delivered to Whatcom County: 1. Proposed methodology and survey questions for collecting community values. 2. A survey of community values in report form will be delivered to Whatcom County upon completion. This will include all research including survey results in cross -tab, summary and analyzed form. 3. Written documentation of all expenses, including invoices for any contractors. Cost to Whatcom County: $20,000 to be paid upon delivery of survey report. (Total cost estimated at $30, 000) Benefits to Whatcom County: A solid understanding of the values of Whatcom County citizens is a valuable tool to Whatcom County staff and decision makers. This is useful in policies being developed for agricultural lands protection, for parks and open space decisions and for transportation and land use planning. For the Whatcom Legacy Project the values of today's citizens form the underpinning of any long-range vision and allow us to establish indicators that measure the impacts of growth over time. Contract for Services Agreement Page - 9 - v 1.0. 19 EIIIMIT "B" COMPENSATION The contractor shall receive payment as specified herein based on a percentage of completion of each task. The following is the allocation of project funds: 1. Biodiversity GIS Database $35,000 upon delivery of Biodiversity GIS Database. The total compensation for the Biodiversity GIS Database is $35, 000 of the actual cost to produce of $50,977. 2. Community Values Survey $20,000 upon delivery of survey report. Actual cost estimated at $30, 000. Whatcom County will work with the WLP to ensure the survey has value in the GAM 2011 update process. Contract for Services Agreement Page -10 v 1.0 20 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-115 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: mg 2114 C E Ij � �Vfj/ E D J MAR 0 4 2008 COUNTY COUNCIL 3/11/08 finance/Council Division Head: p DeptHead. Prosecutor)l Purchasing/Budget: 2//LOIHATCOM Executive. 0 03 SUBJECT.* Standard Software Maintenance Agreement with New World Systems for the Aegis® Public Safety Interface Software (AS/400 StateINCIC Interface) ATTACHMENTS: Agreement with New World Systems Corporation for the Standard software Maintenance Agreement SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT.• This agreement will allow the Whatcom County Sheriffs Office to continue the maintenance agreement with New World Systems Corporation.on the Aegis ®Public Safety fce Inter aSoftware AS1400 State INCIC Interface a f — f This agreement is from June 1, 2008 — May 31, 201 L Distribution Request Indicate those who should receive a copy after Council Litton. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN: Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 21 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 MEMORANDUM TO: Pete Kremen, County Executive FROM: Bill Elfo, Sheriff I� RE: New World Systems Corporation DATE: February 14, 2008 CAREY JAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY KEVIN MOYES CHIEF DEPUTY WENDY JONES CHIEF OF CORRECTIONS FEB 2 0 2008 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals between Whatcom County Sheriff's Office and New World Systems Corporation for your review and signature. ■ Background and Purpose This agreement is for the maintenance on the Aegis® Public Safety Interface Software — AS/400 State/NCIC interface. ■ Funding Amount and Source The amount that will be funded -through the HIDTA grant is $27,000.00 plus tax. ■ Differences from Previous Contract n/a Please contact Undersheriff James at 50423, if you have any questions or concerns regarding the terms of this agreement, Encl. SHERIFF CORRECTIONS (360)676-6650 (360)384-5360 FAX: (360) 738-2494 (360)676-6848 (360)384-3291 FAX: (360) 738-248U WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. .26og0aO�Y� Originating Department: Whatcom County Sheriff's Office Contact Person: Marvette Gwinner New World Systems Corporation Contractor's Name: Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes X No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes X No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $27, 000 Plus memo. Any amendment that provides either a 10% increase in amount or more than tax $10, 000, whichever is greater, must also go to Council and will need an agenda bill This Amendment Amount: and supporting memo. If less than these thresholds, just submit to Executive with $ supporting memo for approval. Total Amended Amount: $ Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This agreement covers the maintenance on the Aegis Public Safety Interface Software AS/4000 State/NCIC Interface. This agreement is from June 1, 2008 — May 31, 2011. Nature of Contract Amt: (Check one) Fixed Amount X Not to Exceed _ Open Ended Term of Contract: �Ex iration 513112011 Renewal Option Yes No I Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing Stems & Signo{f [sue or initial] [indicate date transmitted) 1. Prepared by: mg Date 2114108 [electronic] 2. Attorney reviewed. Date [electronic] 3. Finance reviewed. Date c t 0 electronic] 4. Corrections made: Date ]electronic] hard copy printed S. Attorney signof: Date 6. Contractor signed: Date 7. Submitted to Exec Office i/ Date ,j -Q summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (f 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 23 NEW WORLD SYSTEMS CORPORATION ANDARD SOFTWARE MAINTENANCE AGREI This Standard Software Maintenance Agreement (SSMA) between New World. Systems Corporation (New World) and Whatcom County Sheriffs Office, Washington (Customer) sets forth the standard software maintenance support services provided by New World. 1. Service Period This SSMA shall remain in effect for a period of three (3) years from (start date) 6/1/08 to (end date) 5/31/11. 2. Services Include The following services or features are available under this SSMA: (a) Upgrades, including new releases, to the Licensed Standard Software (prior releases of Licensed Standard Software application packages are supported no longer than nine (9) months after a new release is announced by New World). (b) Temporary fixes to.Licensed Standard Software (see paragraph 6 below). (c) Revisions to Licensed Documentation. . (d) Reasonable telephone support for Licensed Standard Software on Monday through Friday from 8:00 a.m. to 8:00 p.m. (Eastern Time Zone). (e) Invitation to and participation in user group meetings. Items a, b, and c above will be provided to Customer by electronic means. Additional support services are available as requested by Customer using the then -current hourly rates or applicable fees. Exhibit B of your original License Agreement has a description of support services available. 3. Maintenance for Modified Licensed Standard Software and Custom Software Customer is advised that if it requests or makes changes or modifications to the Licensed Standard Software, these changes or modifications (no matter who makes them) make the modified Licensed Standard Software more difficult to maintain. If New World agrees to provide maintenance support for Custom Software or Licensed Standard Software modified at Customer's request, then the additional New World maintenance or support services provided shall be billed at the then -current Exhibit B hourly fees plus reasonable expenses. 4. Billing Maintenance costs will be billed annually as detailed on the following page. (Any Exhibit B support or service hours and travel costs incurred are billed weekly for the previous calendar week.) If taxes are imposed, they are the responsibility of the Customer and will be remitted to New World upon being invoiced. 5. Additions of Software to Maintenance Agreement Additional Licensed Standard Software licensed from New World will be added to the SSMA per the terms of the contract adding the software. Maintenance costs for the additional software will be billed.to Customer on a pro rata basis for the remainder of the current maintenance year and on a full year basis thereafter. (Rev SSMA 03/06) CONFIDENTIAL Whatcom County, WA Sheriff 24 6. Requests for Software Correction on Licensed Standard Software At any time during the SSMA period, if Customer believes that the Licensed Standard Software does not conform to the current specifications set forth in the user manuals, Customer must notify New World in writing that there is a claimed defect and specify which feature and/or report Customer believes to be defective. Before any notice is sent to New World, it must be reviewed and approved by the Customer Liaison. Documented examples of the claimed defect must accompany each notice. New World will review the documented notice and when a feature or report does not conform to the published specifications, New World will provide software correction service at no charge. A non -warranty request is handled as a billable Request for Service (RFS) using Exhibit B Support Services. The no charge software correction service does not apply to any of the following: (a) situations where the Licensed Standard Software has been changed by anyone other than New World personnel; (b) situations where Customer's use or operations error causes incorrect information or reports to be generated; and; (c) requests that go beyond the scope of the specifications set forth in the current User Manuals. 7. Maintenance Costs for Licensed Standard Software Packages Covered for IBM AS/400-2177 New World agrees to provide software maintenance at the costs listed below for the following New World Licensed Standard Software packages installed at Customer's location: Application Package Number of Modules 1. Aegis® Public Safety Interface Software 1 Period Covered ANNUAL MAINTENANCE COST: See Below Annual Amount Billing Date 6/l/2008 to 5/31/2009 $8,500 5/15/2008 6/1/2009 to 5/31/2010 $9,000 5/15/2009 6/l/2010 to 5/31/2011 $9,500 5/15/2010 Note: Unless extended by New World, the above costs are available for 90 days after submission of the costs to Customer. After 90 days, New World may change the costs. ALL INVOICES ARE DUE FIFTEEN (15) DAYS FROM BILLING DATE. (Rev SSMA 03/06) CONFIDENTIAL Whatcom County, WA Sheriff 25 8. Terms and Conditions This Agreement is covered by the Terms and Conditions from our Licensing Agreement signed by Whatcom County Sheriffs Office, WA (Customer) on January 27, 2000. ACCEPTED BY: Customer: Whatcom Co., WA Sheriffs Office Name: //s . P., Title: &.. e VW ,1/7 /(! 'J ' Date: — z)/,� ACCEPTED BY: New World Systems Corporation Name: Title: Date: By signing above, each of us agrees to the terms and conditions of this Agreement and as incorporated herein. Each individual signing represents that (s)he has the requisite authority to execute this Agreement on behalf of the organization for which (s)he represents and that all the necessary formalities have been met. If the individual is not so authorized then (s)he assumes personal liability for compliance under this Agreement. (Rev SSMA 03/06) CONFIDENTIAL Whatcom County, WA Sheriff 26 WHATCOM COUNTY: Approved as to form: Prosecuting tto Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) 4-) �-, U� Date Date 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 acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: 27 Whatcom Co., WA Sheriffs Office Licensed Application Software June, 2008 1. Aegis® Public Safety Interface Software - AS/400 State/NCIC Interface (Rev SSMA 03/06) CONFIDENTIAL Whatcom County, WA Sheriff NQ WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-116 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 2/28/08 'RIEC E �MCD MAR 0 4 2008 3/11/08 Finance/Coup Division Head: Dept Head: Prosecutor: 1�lHATCOM COUNTY COUNCIL Purchasin Bud et: 2/28/08 Executive: /0� TITLE OF DOCUMENT: Approval to Award Bid 08-15 Asphaltic Mixes ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to award Bid 08-15 for the delivery and supply of asphaltic mixes. Four bids were received and Public Works would like to award all of the bids and select the vendor that has the best value based on price and cost to transport the product to the job site. This is a regularly budgeted item and estimated expenditures will be $85,000.00. Funds were approved in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at., www.co.whatcom.wa.us/council. it CO �GOM CO 0A WHATCOM COUNTY ADMINISTRATIVE SERVICES ��P Whatcom County Courthouse 311 Grand Avenue, Suite 108 � O �SNINO� Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 28 February 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 08-15, Supply of Asphaltic Mixes BACKGROUND & PURPOSE FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa, us BRAD BENNETT Manager Administrative Services advertised for bids to supply Public Works with asphaltic mixes. Four suppliers submitted bids on Tuesday February 13, offering firm prices for the year. Public Works uses the material on county road projects. A complete tabulation is attached. FUNDING AMOUNT & SOURCE Public Works Maintenance & Operations anticipates spending -approximately $85,000 in 2008. Funds are available in the current budget. AWARD RECOMMENDATION Public Works recommends awarding the bid to all bidders. They will use the most economical bid for a particular job, based on low price and source location. I concur with this recommendation. AS Finance ..- 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 qn Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-4555'-0 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 3rp�`oM; ;co`1" � t 9sM1IN MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director 0 FROM: Eric L. Schlehuber, PW Equipment Services Manage Mary A. Green, PW Maintenance & Operations Superintendent RE: Bid #08-15, Supply of Asphaltic Mixes (Hot & Cold Mix) DATE: February 21, 2008 ■ Requested Action I am requesting Council approval to purchase material as needed during 2008 from any of the following vendors: Associated Asphalt, Inc., Rinker Materials, Whatcom Builders, Inc., or Wilder Construction. Consideration will be given as to the location of the source, availability of material, and length of haul. I further request and recommend that Whatcom County reserve the right to utilize vendors based upon the location of the project, distance to the plant(s), and product availability up to an annual expenditure amount of approximately $85,000.00. ■ Background and Purpose The purpose of this bid is to establish firm prices for the purchase of asphaltic mixes (hot & cold mix) for use on Public Works projects during 2008. We received good responses from four vendors (total of four locations). Attached is a summary sheet listing each type of asphaltic mix with the lowest bid highlighted for each category. The Maintenance & Operations Division of the Public Works Department uses these materials regularly for annual maintenance on county roads and on road projects. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2007-2008 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $85,000.00 and therefore requires Whatcom County Council approval. Please forward this to the Executive and the Whatcom County Council for approval at their March 11, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607 or Mary A. Green at extension 50657, if you have any questions or concerns. Attachments (3) 31 U) W Yx 0V0 U Q V/ W � 0 T- aw N vaIL a n0 Uirip_ _ O m O E a) X_ U fa s C O �. CD Qo N U N C`1 Z+ O o.0 rn mtia P-. Z O m 32 to co m co O c N< <n O d m m m m m m 0. 0 '� a" 000000 c) :� z z z z z z O w t �r V% J ti 00 o co rn ti ti ti ti :Cc_ -; 0 (D d O) 1- 1- 1- (D m �. m O. r J 0 C W. _ �'' 10;; Z 0 M WP _? E J J N V CD _V w ALL,o� z o�, LO o o��0000000 LO LO LO LO _ CD .. O O 00 0 Z Z Z Z Z Z p z 13 Lu Z v 77 tn: LO LO LO toU) m m m m Q O ivti . 0000 N Z Z Z Z 40 rA 44). zLU �> C L .O Z IL O 0 0 G. 5 25 K x m QZ c is �� fd dCL U� O N M 4 U N wk c O CL d H d L c.i NI- N V) OD 0 0 N N a a : c a X_ "O W U) W YX 0U0 U Q D N iL a.QQO �� N Z O} Q W D J O CD v�0a 00NCL Q coW W 0 E a) m y X_ U i7 (6 a 0 T W 7 N cn c) C Ed CN 0 Cb (a N o2a) m(ia U 00 0 Z N c* F.. ;.t0.., a Z O . O . T;> z>a 0 0 0 0 0 0 0 0 0 0 c� . - zzzzzzzzzz J ,;r-O, N W. _. .. fiC� O O O O O O O C C C O oo ci o ci o ci ci M co W) W) �'r N cD cG 1� i[! r- 00 00 00 I- r- N Ig ,M: W "Niy 0a; ��' O M m '10 � ? ER 6R Ei} fA if% fR 44% fA ER EA EA iigtx; z P� Tla. ti. { IL Z. Z _ W Q c �r m m m m m m m m m m O ,..,.t %.;. 0000000000 U. z z z z z z z z z z W Z 4 s Z V W Z �; O coo0 _❑ _a w 0° 0 0 0 00 W `L z z z z z W F d' tR:'� fA Ef} fA tii J 03 LU O C X U yd L N ° d •d � N N C H a tyA 2Z �3 AH V 08 m V x x x x x_ a J9 Cc Cc a 'a 'a _ _ Ui F- ' I LL. x oo N I-- p m m m m a 4 c.i u1 U) — N (n' 33 W YX OVO UQ� m M aQQLL. LL.� z0�Lu UCL 0 CL CL UCL �p Q�oO 2 0 m O E aD a� x U (0 .I-- CL co Q 0 O T co Qo U = N Z L N Cl) O Ld z o cb (0 M o2cD V m ii a fn WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-117 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator 2/28/08 -R E C E J V E D MAR 0 4 2008 WHRTCOM COUNTY COUNCIL 3/11108 Finance/Conn Division Head: Dept. Head: Prosecutor: Purchasing/Budget: 2/28/08 Executive: 03x TITLE OF DOCUMENT: Approval to Award Bid 08-16 Asphaltic Emulsions ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes (x) NO SEPA review completed? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Public Works is requesting approval to award Bid 08-16 for delivery and supply of asphaltic emulsions (road oil). Two bids were received, and Public Works would like to award to the low bidder, McAsphalt Industries. This is a regularly budgeted item and estimated expenditures will be $950,000.000. Funds were approved in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. it 35 WHATCOM COUNTY �GOM co r�' ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 � 0 Bellingham, WA 98225-4083 RSHIN�� DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 28 February 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Award of Bid 08-16 Annual Supply of Road Oil BACKGROUND FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us Administrative Services advertised for the annual supply of Asphaltic Emulsions/Road Oil. Public Works uses this product in various road projects. We received two bids on Tuesday February 12, 2008. The cost break- down is on the following table. BRAD BENNETT Manager Public Works Maintenance & Operations has budgeted $950,000 for the product, and is requesting approval to award to the low bidder, McAsphalt Industries: The price increase is due to increased cost of petroleum. FUNDING Asphaltic emulsions are a regular maintenance product. Approved funds are in the current budget. I concur with this recommendation. Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 36 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TrY (360) 738-4555 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manager Mary A. Green, PW Maintenance & Operations Superintendent 4��A RE: Bid #08-16, Supply of Asphaltic Emulsions (Road Oil) DATE: February 21, 2008 ■ Requested Action Approval requested to purchase asphaltic emulsions (road oil) to the lowest responsive bidder, McAsphalt Industries Ltd. in the amount of $950,000.00. ■ Background and Purpose Bids were duly advertised for the annual supply of asphaltic emulsions. The Public Works Maintenance and Operations Division of the Public Works Department will use the asphaltic emulsions during the annual chip sealing program. Enclosed is a detailed bid tabulation of the two bid responses received for asphaltic emulsions. Factoring in delivery costs and specific locations for chip sealing work for 2008, McAsphalt Industries Ltd is the overall lowest responsive bidder. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2007-2008 Budget process. Based on prior and estimated usage it is anticipated total expenditures will be approximately $950,000.00 and therefore requires Whatcom County Council approval. Please forward this to the Executive and the Whatcom County Council for approval at their March 11, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607 or Mary A. Green at extension 50657, if you have any questions or concerns. Attachments (2) 37 Bid 08-16, Supply of Asphaltic Emulsions Memo February 20, 2008 Page 2of2 WHATCOM COUNTY PUBLIC WORKS BID #08-16: SUPPLY OF ASPHALTIC EMULSIONS (ROAD OIL) BID PROPOSAL TABULATION PAGE 1 ASPHALTIC EMULSIUNS OFFERED (lowest bid hiahliahted): ESTIMATED McASPHROLEU�f CORP EMULSION TYPE ; MATERIAL COSTS TRANSPORTATION MATERIAL COSTS TRANSPOITATION USE F.QB PLANT , CQSTS��a4;5 F 0B PLANT :COSTS6. , CRS-2 1,000 Tons $ 3$;:QO Vic:#on. ,00, , er an NO BID NO BID CRS-2P 3,000 Tons $ 4150© _ er tort 3500 er for $ 425.00 er ton $ 40.00 er ton ADDI710NALINFORMA LION McASPHAL INDl1S 1 RIES L I D PARAMOUNT PETROLEUM CORP: . Plant Location 19770 101 st Avenue; Langley, BC Richmond Beach, WA Prices Guaranteed 05/01/08 to 12/31/08 05/01/08 to 12/31/08 Note: ' Allowed Loading Time: 1 hour at plant 2 Allowed Unloading Time: 1.5 hours at Job Site 3 Compensation for Time: $90 per hour for excess loading or unloading 4 Minimum Load Paid: 29 tons 5 3 Hours Free Stand By: Included in $35.00 per ton transportation cost 6 Demurrage Rate: First 2 hours free; $100.00 per hour after DELIVERY & TRUCKING INFORMATION: DESCIZIK10 ;. McMPHALT INOIJSTRII=$LTD p/�RAMOUNTP>El ROLEUM DORP;,, „ Maximum Delivery Time After Firm Order 12=Hours 24-Hours RegularOrders Order by 12:00 am for next day) 24-Hours Emergency Orders 4-Hours 604.888.6262 12-Hours 206.276-0195 Number of Trucks Available 3 Trucks . 3 Trucks Name of Trucking Firm Rob Graham Trucking, Inc. R & L Wood, Inc. Additional Sheets Attached Yes' No Note: ' Beram 190 (Hot Applied Joint Sealer): 5 tons at $1,400/ton (Note: 50 Ibs/box) Supply of Asphaltic Emulsions (Road Oil) Printed: 2/21/2008 38 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2008-118 CLEARANCES initial Date Date Received in Council Office Agenda Date Assigned to: Originator. 2/28/08 E C E V E D MAR 0 4 2008 3/11/08 Hnance Coun Division Head: Dept Head: Prosecutor.' WHATCOM COUNTY COUNCIL_ Purchasing/Budget: 2/28/08 643 43 Executive: 1 TITLE OF DOCUMENT. Approval to Purchase Three Small Pickup Trucks ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Rental is requesting approval to purchase three small pickup trucks using a Washington State Contract. Two trucks are replacements and one is an addition to the fleet. The vendor Jerry Chambers Chevrolet. The total cost for this purchase is $57,929.41. This is a planned purchase and funds are in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. it 39 GOM CO � Gym WHATCOM COUNTY ADMINISTRATIVE SERVICES ��P Whatcom County Courthouse 311 Grand Avenue, Suite 108 �SHINGIt 0 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 28 February 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Three Small Pickup Trucks ■ Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works ER&R is requesting approval to purchase three small extended cab trucks, using the Washington State Contract. Two trucks will replace units that meet the criteria for retirement. One unit is an addition to the fleet. "the model is a Chevrolet Colorado. The vendor is Jerry Charrlbers Chevrolet, and the cost per unit is $17,780.67. The total cost including tax is $57,929.41. ■ Funding "these are planned purchases with funds approved in the current budget. The addition to the fleet is budgeted in Supplemental #2008-614. I concur with this request. amr.m.n./Ar '.�' F?V,- 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 40 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 THROUGH: Frank M. Abart, PW Director *. )4 FROM: Eric L. Schlehuber, PW Equipment Services Manager RE: State Bid Contract #04606 (2008 Small Pickup) DATE: February 27, 2008 EQUIPMENT SERVICES DIVISION 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 small extended cab pickup, I am requesting Executive and Council approval to purchase three 2008 Chevrolet Colorado vehicles from the Washington State Bid Procurement List to replace the following: EPT RFI:AC.El1N, ITC:...k k X �,. "N '�, 3 . 1 S-9 S IEG rr HLT 051 1994 Chevrolet S10 107,865.0 HLT Addition (Supp ID#2008-614 N/A PDS 014 1996 Ford Ranger 116,789.0 ■ Background and Purpose These units were approved as either a replacement in the 2007-2008 Equipment Rental and Revolving Capital Equipment Budget or as an addition under the 2008 Supplemental Budget Supp ID# 2008-614 for the Health Department. The above listed departments will use these units in the performance of county business. Jerry Chambers 2008 Chevrolet Colorado $53,342.00 $4,587.41 $57,929.41 ■ Funding Amount and Source 'rhis amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase these units from the Washington State Bid Procurement List for the average base price of $17,780.67 per unit for a total of $53,342.00 for three units plus sales tax of $4,587.41 on base, for a total of $57,929.41. These units will be purchased from the local Chevrolet dealer Jerry Chambers Chevrolet in Bellingham, Washington. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at their March 11, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 41 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-119 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/28/08 n � � � � � � � �=�j 3/11/08 Finance/Coun Division Head: MAR 0 4 2008 WHA COM COUNTY Dept Head. Prosecutor. PurchasinglBud et: 2/28/08 COUNCIL Executive: 43 TITLE OF DOCUMENT: Approval to Purchase Light Bars & Related Equipment ATTACHMENTS: Memos From Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Rental is requesting approval to purchase light bars and related equipment to be installed on the new Sheriff's vehicles using a Washington State Contract. The vendor McLoughlin Eardley Company. The total cost for this purchase is $108,332.69. This is a planned purchase and funds are in the current budget. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. it 42 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 P �y ING�0 DATE: 28 February 2008 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase Light Bars and Related Equipment ■ Background & Purpose FINANCE/ACCOLINTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager Public Works Equipment Services is requesting approval to purchase light bars and related equipment for 20 new Sheriff Department vehicles using the Washington State Contract. The vendor is McLoughlin & Eardley Corp. The total cost for this purchase is $108,332.69. ■ Funding Funds for this purchase are in the current budget. 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 TIY (360) 738-4555 43 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank Abart Public Works Director MEMORANDUM TO: Brad Bennett, AS Finance Manager THROUGH: Frank Abart, Pubic Works Director-4 FROM: Eric L. Schlehuber., PW Equipment Services Manager 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager RE: State Bid Contract #01007 (Vehicle Serial Communication Emergency Warning System) DATE: February 28, 2008 ■ Requested Action After researching the costs for assorted vehicle serial communication emergency warning system equipment (lightbars, etc.), I am requesting Executive and Council approval to purchase the following materials from the Washington State Bid Procurement List. ■ Background and Purpose The Sheriff's Department uses these units on their vehicles to provide safety for county personnel and citizens. These units are used regularly to maintain safety on our county roads and to comply with state regulations regarding traffic control. Units will provide much needed visibility and are a safety reminder. These units were approved in the Equipment Rental and Revolving Capital Equipment 2007-2008 Budget and will outfit 20 replacement vehicles alreadv on order with the longer lastina and briahter LED tvr)e bulbs. The above listed department will use this unit in the performance of county business, $. RIO R�F`1-�C�J f �t"Jp1 s,S � `��' ANT2 �l� '3iAi°�s,k L.�. E"'$ �.4 � �M.r�,r,f jjf��x,�ty'w �4.s&'E,i�� jM .� 3pF� AY�sb" ilY sJ`i[ k. .� ��F'P� '�;�hrh� n C "iy u1 It"'ky C ,fib .1+1'flR .� ... 7•Q. �h r. �4✓�� p i'� ,. Y'�5��'R#�'&'£� I i�L �i '' _ �. ■ Funding Amount and Source This amount was budgeted during the 2007-2008 Budget process. I am requesting Executive and Council approval to purchase these units from the Washington State Bid Procurement List for the base price of $99,845.80 plus sales tax of $8,486.89 on base, for a total of $108,332.69. These units will be purchased from McLoughlin & Eardley Corp. in Portland, Oregon. Please approve this purchase from the state contract and forward to the Executive and the Whatcom County Council for approval at the March 11, 2008 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 130 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Orizinalor. 3/4/2008 3/11/2008 Public Works Division Head - Dept. Head: Prosecutor: PurchusinglBud el: Executive: TITLE OF DOCUMENT.• Presentation on Low Impact Development (LID) - LEED & Living Buildings A TTA CHMENTS: 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.) Presentation on Low Impact Development (LID) - LEED & Living Buildings COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 45 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-120 CLEARANCES Inid Date Date Received in Council Office Agenda Date Assigned to: Originator: Matt Aamot 2/28/08 FP CE�V2r L� L 3/11/08 P&D/Council Division Head. Linda d Peterson MAR 0 4 2008 Dept. Head: David Stalheim WHATCOM COUNTY Prosecutor: Royce Buckingham G COUNCIL Purchasing/Budget.- Executive: Pete Kremen TITLE OF DOCUMENT: Docket ofproposed amendments to the Whatcom County Comprehensive Plan and associated amendments to the Zoning Ordinance that are to be considered for initiation this year. ATTACHMENTS: 1. Memo from David Stalheim 2. Proposed Resolution Initiating Comprehensive Plan and Zoning Amendments Note: Background materials are available or review at the County Council office, SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x' ) NO Requested Date: 1 SEPA will be completed on those amendments initiated by the Council prior to final Council action. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Under the Growth Management Act, the County Council is to consider amendments to the Comprehensive Plan no more frequently than once per year (with certain exceptions). Additionally, Whatcom County Code 20.10.060 indicates that Comprehensive Plan amendments are to be "initiated" for further review by a majority vote of the County Council. Planning and Development Services is forwarding the proposed amendments so that the Council can determine which docketed items to initiate for further review. COMMITTEE ACTION. COUNCIL ACTION. 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.whatcomwaus/council. W WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive 3_ Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �LgsHING 0 360-738-2525 Fax MEMORANDUM TO: The Honorable Whatcom County Council FROM: David Stalheim, PDS Director_19� DATE: February 28, 2008 David Stalheim Director J.E. "Sam" Ryan Assistant Director FEB 2 9 2008 PETE KREMEN COUNTY EXECUTWE SUBJECT: Resolution Initiating Comp Plan and Zoning Amendments In response to the 2008 docket of proposed comprehensive plan and related zoning amendments, I have the following recommendations: Agriculture Docket Items - We are recommending that any items related to conservation of agricultural lands be reserved until the recommendations of the Agricultural Technical Review Committee are presented. This committee started meeting in February, and it is anticipated that those recommendations will be forwarded within 12 - 18 months. This recommendation affects Docket Item 2008-G and the private amendment Docket Item 2008-H. Parks Plan - We have talked with the Parks Department about a strategy that adopts the Parks Plan under the procedures set forth by the Washington State Recreation and Conservation Office, and not as a specific amendment to the Parks chapter of the comprehensive plan. Review of the draft Parks Plan indicates significant work that would need to be accomplished in order to make the plan GMA compliant. There are not sufficient staff resources within Planning and Development Services to complete this review, including any concurrency or impact fee ordinance to implement. This recommendation affects Docket Item 2008-E. The following amendments are being rolled -over from the 2007 resolution of initiated amendments. If we can complete these already docketed items with the remainder of the 2007 amendments, we will. Otherwise, we will process them with the 2008 batch of comp plan amendments. 2008-A Bellingham Subarea Plan 2008-C Foothills Subarea Plan 2008-E Parks Amendment (recommend deferral to future year) 2008-G Agricultural Program Update (recommend deferral to future year) 2008-I Birch Bay Fire Protection and Emergency Services 2008-3 Cherry Point Pier Policy 2008-K Lake Whatcom Amendments 2008-M Concurrency Management I look forward to our discussion of the docket in the Planning & Development Committee to address which items should be initiated in 2008. 47 Comprehensive Plan Amendments, 2/28/08 Sponsored by: Proposed by: Introduction date: RESOLUTION NO. INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council may consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year (with certain exceptions); and WHEREAS, the provisions of WCC 20.10.060 indicate that Comprehensive Plan amendments are to be "initiated" for review by approval of a resolution by the County Council; and WHEREAS, the Whatcom County Planning and Development Services Department has forwarded a docket of proposed Comprehensive Plan amendments, along with associated zoning amendments, to the County Council for consideration; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates for formal review the amendments shown on attached Exhibit A. APPROVED this ATTEST day of Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: -12a -A - I \ v) A Civil Deputy Pros for 2008. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair SK EXHIBIT A COMPREHENSIVE PLAN AND RELATED ZONING AMENDMENTS a a a N 1 00 N N 00 0 0 N c ca d Q E O U ' F� i1 .N — 4 LL L Vi CU E ca 7 (n 06 a)=� ga _ r M (0 c t1j•f, cm (u cu CL O _ 7 N =3 a) O C 7 N C t& o Q (n CO J LL m cn -0 .— 's M _G LL N 4- CM -a C .0 a) M C cu +- ' C t j 'C ~ O O c0 0- c0 O O a) a_(5 73 a)N ,F,f?QUN Fn' �.N N CL +� N V E2 Y C: (U a) O a) '• V O �v�' O E Q) (U U QC L O a) a) U QC ;?d FLU 3Q�: E cU E c cu E E c t a 0 cu O cU' c , cac� N cc� o m a)o c Or-rn,- O UUNa U O �U �E nc cu N a) E cc 00 .0 -a0 �cUocU CUa �aE-0-0 �cUo cam •� rU.a -> rUcaw .0—a_ 0) C" n EU) E 0 0-0L E O O aP• Om� > O -- J �L fA O OL(n fA }- C C En fQUC U) 3c E co 3c °a cL ai c o 0) O cam. o cN Q C C A E-O fl —O rn O- ti fl'-000 O-0 00 U� QUO ¢ Ems°' Q Ems°' U' U' U r- 7 = 7 �U �U �U E N m (0 N Ql Q) co m L C 6 — C � ,fl E C 0 m C m Un a_J N Un a. 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D/ 3 E% S E E S � \ =3 \/ &� ) ( / / // » / q 7 / a 54 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-121 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Wendy Wefer-Clinton (1(,t/ 2/22/08 E u E� V E LD MAR 0 � 2008 A C O M COUNTY COUNCIL 3111108 Council Committee of the Whole (Executive Session) Division Head: Karen S. Goens 2/22/08 Dept. Head: Dewey G. Desler Prosecutor Daniell. GibsonudH Purchasing/Budget: Executive: Pete Kremen SUBJECT. Collective Bargaining and Unrepresented Resolution ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT. Discussion and negotiations update for County Council on expired collective bargaining agreements and the Unrepresented Resolution. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. AS Facilities Management AS Finance AS Human Resources AS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): 55 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 59 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1/17/2008 Division Head.• Dept. Head - Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Discussion on assignments for the Planning & Policy Analyst 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 on assignments for the Planning & Policy Analyst COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: AB2007-228 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. . 56 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 Special Surface Water Work Session February 19, 2008 Council Chair Carl Weimer called the meeting to order at 10:00 a.m. in the Whatcom County Civic Center Annex, Second Floor Meeting Room, 322 N. Commercial, Bellingham, Washington. Present: Absent: Barbara Brenner Bob Kelly Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson Sam Crawford SURFACE WATER WORK SESSION (AB2008-025) 1. COMPREHENSIVE WATER RESOURCES INTEGRATION PROJECT SECOND PHASE, PUBLIC INVOLVEMENT DISCUSSION, PUBLIC WORK AND PLANNING AND DEVELOPMENT SERVICES STAFF John Hutchings, Public Works Department, discussed the background of project phase one. The database and tool can be used to consider prioritization. The next question is about future implementation with adequate public participation and defensible funding decisions. Today they will talk about the scope of public involvement and how to structure a process that adequately includes public input while allowing the Council to make appropriate funding decisions. CH2MHill and staff prepared a public involvement strategy (on file). He read from the purpose statement in the handout. County staff will meet with CH2MHill to make sure information from stakeholders gets to the Council. They have interviewed administrative staff. County staff will make sure area residents and stakeholders have an opportunity for small group meetings to understand where the County is headed. Therefore, everyone will attend public meetings adequately informed. He read through the Phase two comprehensive water resource integration project (CWRIP) Stakeholder and Public Participation section of the handout. Future surface water work sessions will continue to address these issues. Brenner stated items three and four of the stakeholder and public participation section should include a statement that the County will incorporate public comments. The purpose of the annual process, page two of the handout, should also say that the County will incorporate public comments. Also, she doesn't support reconstituting the Flood Control Zone District Advisory Committee. Too much has gone into it. Flood issues are too important to water down with other issues. Nelson stated the criteria discussed previously aren't in the handout. The public won't know those criteria, which should be included. Also, consider a smaller scope of criteria for decision -making. Hutchings stated that at some point, they have to go to Surface Water Work Session, 2/19/2008, Page 1 57 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. stakeholders and the public with the database. Show the public how this analysis tool works and what it produces. That's what the first public meeting should accomplish. They will reach out to key members of the community who are actively engaged in water resources issues. Follow that up with a public meeting, during which there will be a presentation of the database and tool. The second public meeting will talk more about going forward, comments they've received, and funding. Nelson stated the criteria should follow each of these discussions and meetings. Weimer stated the first meetings talk about core criteria. He asked if the meetings will include a structure change. Hutchings stated they will. Everyone must be on the same page to have that discussion. That's the reason for two separate meetings, with time between each. They will get everyone up to speed on the tools before discussing funding options. Caskey-Schreiber stated she supports the notion of expanding the Flood Control Zone District Advisory Committee to include all stakeholders. Now, one group is making all the decisions. There are problems when they don't consider each others' perspectives. There are benefits to have a mixed group that thinks about the big picture of decisions being made. Stakeholders are those who represent the interests of fish, shellfish, water quality, stormwater, and possibly City interests as well as flood protection. Brenner stated shellfish has nothing to do with flooding. Caskey-Schreiber stated Geoff Menzies would beg to differ. Bill Derry, CH2MHill, stated the only difference from the process laid out in the scope of work is that the stakeholder meetings instead be a series of one-on-one meetings. There is much background to go through. Once they move past phase two, they'll have to do this annually. People should have a chance to understand, and the County should have a chance to hear concerns. Annually, look at the results of the tools, gather feedback, and see if the priorities still make sense. Don't ask stakeholders to come up with their own separate lists every year. Instead, ask stakeholders to provide input on the master list. He described the existing water resource funding request structure in the handout. This is for the specific task of asking for funding, not for communication in general. Elected officials are shown across the top of the chart. Now, everyone comes to the County Council for money, other than diking districts and drainage districts until they run out of their own money. Nelson stated the Council and the Council acting as the Flood Control Zone Board of Supervisors receive many separate requests through separate processes. They have to make funding decisions out of context and out of sequence with all these groups. There is a total disconnect. The Council isn't connected with the community's needs for flooding and many other water and habitat protection areas. Derry stated an issue is having adequate opportunity for input and meaningful participation and an opportunity for them to listen to each other. The flood interests, fish Surface Water Work Session, 2/19/2008, Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. interests, shellfish interests, and drinking water interests should all understand each other. They should understand that there is more to prioritize than just their projects. Create the dialog in a way that doesn't end up in endless staff time and meetings. It also shouldn't add to the confusion. Having too many groups can be expensive and add to the confusion. He read through the options for public participation in the annual prioritization process. Nelson stated phase two looks at current structures and how to set up new structures. He thought phase three is to incorporate the rest of the community. Hutchings stated they combined the two phases when they wrote the contract. They realized they can't talk about one without the other. They will first talk about representing the public interest before talking about funding options. Both discussions inform each other. Nelson asked if the staff looked at these options and have a recommendation. Brenner stated the County has a fund that was a flood fee to begin with. If they are going to add all these expenses to that fund, there won't be enough money to do anything. She's uncomfortable mixing flood interests with all the rest. Derry stated they acknowledge that there will be different iterations in the structure and financing. They will talk next time about financing alternatives. Depending on the outcome of that decision, they may want to revisit the public participation process. Hutchings stated it's difficult to get past a conceptual picture of what's most functional until they have a good picture of funding. Weimer stated they are trying to achieve surety for all the groups to know what they're going to get. The flood fund typically is for flood activities. In the last few years, the Council has been dipping into that fund for different things. Create a fund that will go toward all the interests, which means they will either need to increase the pot of funds or be more selective with prioritization. Crawford stated there was flooding in Sumas. Then the County Council passed the flood fee. A few years ago, the fee changed to a tax, and the County reduced the amount collected. At the same time, they raised the general fund property tax by an equal amount. State law limits the Flood Control Zone District Advisory Committee membership to 15 persons. Whatever they're doing today must still be regulated by State law. He favors using what they thought was flood taxes or fees for flood projects. Those funds shouldn't be a resource for other kinds of things, such as Lake Whatcom. Face issues about Lake Whatcom water quality management head on, and not call it a portion of the flood tax. He asked if a bigger committee subverts the intent of the State law. Rebecca Craven, Council Policy Analyst, stated the statutes that set up the flood control zone district allow much broader uses than flood control. That may have been the County's original intent for that fund, but the Revised Code of Washington (RCW) authorizes much broader uses. It's a bad name, but it's allowed for very broad purposes, including habitat improvement, water quality, and stormwater. It's particularly allowed if done cooperatively with other entities. The district has the authority to do cooperative watershed management for any of those purposes. Surface Water Work Session, 2/19/2008, Page 3 59 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 the residents of Whatcom County are glad the County has money for flood control purposes. Now, the County has to tell those residents that the pool of money can be watered down and used for all kinds of things. He's not in favor of that. Caskey-Schreiber stated this money isn't spread out. It's primary function should still be for flood issues. Everyone would benefit from a larger perspective when they think about their projects. All stakeholders affected by their decisions should influence what projects are done and how they're done. Don't have one group make decisions while unaware of another group. All parties should be forced to hear from all perspectives, like the Council is. Then they would think more from a habitat perspective than just for flood control. She wants to broaden that committee to more than property owners directly affected, which may not be the best outcome for the County's big picture. Weimer stated one purpose of phases two and three is to determine how to fund such work. Fleetwood asked if there are any activities on the handout that aren't within the scope of the authority of the flood control district. That is an argument in favor of renaming and reconstituting the board. Craven stated the statute is quite broad. It has been amended over the years. Nelson stated the flood control tax/fee, when put in place, was to dredge and armor the river. That's generally what people thought they were going to pay for. That's been thrown out over time. It's no longer an accepted practice, and there are other demands. That tax has been broadened. This is the best funding mechanism. Other mechanisms are available and being used. They must broaden the scope and their minds to think forward into the future to manage water resources, habitat, agriculture, forestry, and other practices. Structurally, he's inclined to set it up geographically. The Council will have a better understanding of what's happening in that region and how that can be incorporated into the countywide planning processes. Don't get locked into what the fund was in the past. Think about what that fund can do for the County. The fee was cut because the County had no plan and nothing to spend it on. The pot of money had grown without anything to spend it on. Crawford stated the County was also being threatened by a lawsuit. Nelson stated this was before the lawsuit threat. Over the years, everyone began to come forward, but there was no process. Dewey Desler, Deputy Administrator, stated the flood fund can be used for multiple purposes. The potential uses have grown over the past few years. The administration wants to make sure the County follows the law. They looked carefully and prudently at the flood fund for funding those other purposes. He asked if 15 members is large enough for a committee that is going to address all these issues. If not, there could be a committee of 15 with other subcommittees to focus on special areas. Derry stated that if limited to 15, there could be five representatives each from flood, habitat, and water quality/stormwater interests. There could also be subcommittees of ten for each of those topics, which would then report to the existing Advisory Committee. Another alternative is to have a stormwater/water quality/water Surface Water Work Session, 2/19/2008, Page 4 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. supply group and a habitat group that are equal to the Advisory Committee, all under a new umbrella committee. (Clerk's Note: End of tape one, side A.) Brenner stated these issues will compete with each other for funding. That's crazy. Most of the issues are individually paramount. Don't have a committee look at these first. Caskey-Schreiber stated some of these will have their own local funding for projects. The bigger projects will come to the County Council. Brenner stated that's fine. The subcommittees should come to staff and the Council. Don't combine interests from all these areas into one committee. Don't put them under a competitive umbrella. They shouldn't have to compete to anyone but the Council, not to an advisory committee. Hutchings stated the Flood Control Zone District Advisory Committee purpose would be to vet the priority budgetary considerations for the County, as opposed to micromanaging the Marine Resources Committee, for example. The Marine Resources Committee would exist as it does today. It would engage in grant opportunities and bring in outside funds. In cases where it wants to draw on County resources, there would be a process that committee members would know. The Committee would go through that process. Brenner stated don't do away with the Flood Control Zone District Advisory Committee. Caskey-Schreiber stated the Advisory Committee would be larger than what it is now. It would be more comprehensive, not watered down. Weimer stated the flood subzones, diking districts, drainage districts, shellfish protection districts, and Marine Resources Committee would all still focus on their issues. Brenner stated the flood subzones still work with the Advisory Committee. Nelson stated the shellfish advisory committees still work with the Marine Resources Committee. The stormwater action committees that may form would work with a stormwater group. The flood subzones would still work with the Flood Control Zone District Advisory Committee. Craven stated the existing Flood Control Zone District Advisory Committee meets and talks about many other things besides the annual work program. Those functions of the committee need to carry forward if the committee were reformed. They considered having a subset of folks on a larger committee act as a subcommittee for those flood purposes, to carry on those existing activities. Weimer stated the five flood interest representatives on the proposed new Advisory Committee would be the subcommittee that meets with the rest of the flood representatives. Surface Water Work Session, 2/19/2008, Page 5 61 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 the new advisory committee ends up doing what the County Council is doing now, which is prioritizing. He asked the difference between that option and the County Council. The Council is just punting it's decision -making requirement to that new advisory committee. Derry stated funding requests would go through the staff first, who would apply benefit ranking and overlay factors for a tentative list for this group to consider. It would be consolidated into a master list using these tools. One option is to consolidate all the requests at the staff level. Then it would go to the overall board. In each structure option, they presume that staff will apply the tool to come up with the benefit ranking score. The benefits will be ranked uniformly. The results would go to the advisory committee for review. Nelson stated the County has limited funds available for resource management. People have already requested funding for over 200 plans and projects. The County staff recommends a prioritization process to the Council. Other groups should come up with their own ideas to help fund those projects. Bring everything together in a prioritization process for all items. After projects go through the local committees, it could be incorporated into the County prioritization process. Staff prioritization will happen at all times, whenever funding is requested. There has to be a filter so the best solutions and plans are put forward. They have to create that filter system. Weimer asked if prioritization would go directly to the Council or through some new umbrella group. He asked if the purpose of the new umbrella stakeholder group is to take a closer look at projects that have gone through the staff process and argue if something has fallen out of place. Derry stated that if they create a group, the group will assume it has an authority, whether it actually has that authority or not. The group will want to prioritize. However, the group's role is to review whether the process, criteria, goals, or point system are correct. It's role isn't to prioritize projects. When creating the committee, the County will have to be very clear about that. The committee will have to be reminded of their role each time they meet. Hutchings stated they aren't discouraging interest groups from lobbying for what they believe is important. This levels the playing field so everyone understands the process. The interest groups will be able to work with staff to broaden their projects to receive a better ranking and have more public benefit. Before going to the County Council, programs would have been vetted by the advisory committee in terms of whether the process is sound and provides an accurate representation of the collective view of the advisory committee. That should help everyone coming into the process. Brenner stated don't make it like a Planning Commission. If the Council doesn't go along with Planning Commission advice now, someone doesn't like it. The Council makes the decisions in the end. Flooding has become the stepchild for funding in the last five or ten years. When the Council first passed the fee, it was for flooding. Flooding is a life or death issue in many cases. The issue of flooding should not become less important than it is. Caskey-Schreiber stated this is an opportunity to coalesce projects. The Flood Control Zone District Advisory Committee members told the Council that they hate having to do mitigation. If the committee worked more on the ground level, it could do projects that wouldn't need so much mitigation because the projects would be more environmentally friendly. Bringing the parties together will let them see each others' perspectives. They Surface Water Work Session, 2/19/2008, Page 6 62 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. may be able to avoid costly mitigation projects and communities won't have to fight against each other. That's what this process will accomplish. The process won't be without problems. Craven stated there is no need to establish a new committee. One goal of the integration process was to integrate the projects at the staff level. However, without a new committee or reformed advisory committee, separate districts with their own funding mechanisms will come to the flood control district for additional funds. They will also have general fund -funded subject groups coming to the County without an additional process to vet those projects. If that's what the Council wants, that's okay. However, individual programs will come to the Council separately, without any integration across those subject matters and funding source divides. Brenner stated those are tasks for the staff. Staff are the experts, not a citizen group. Weimer stated they are better off already because they have the prioritization tool. If the Council is happy with that tool, it doesn't need to form another committee. People can just bring their priorities to the County and make their own pitch for their projects. The problem is that the Council doesn't know enough to make sure separate but similar projects are integrated. Brenner stated that won't happen with a citizen advisory committee, who aren't the experts. Staff are supposed to be the experts. Weimer stated stakeholder groups have a different level of knowledge than the staff. Hutchings stated reconsider the question of staff support. They are asking for an increased level of activity, which means more staff support and more money. The step of reformulating the Flood Control Zone District Advisory Committee will require additional staff time. Brenner stated she supports having more staff support. If staff are overworked, the Council won't get the information it needs. At some point, it becomes very political. She's not comfortable with that. They definitely need more staff. Weimer stated he prefers to keep the structure as simple as possible so it doesn't become complicated and costly. Start with the simpler model and see if they end up needing something more complicated. Hutchings stated he would like the Council to affirm staff is going down the right direction in terms of public process. The Council concurred. Hutchings stated he also would like the Council to affirm whether or not they are analyzing the right information and presenting the right options for how they are going to do this annual review. There will be plenty of time for more discussion. Surface Water Work Session, 2/19/2008, Page 7 63 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated it's fine. Make certain they don't lose sight of flood control projects. Empower those in flood prone areas, who have institutional memory of the river, to have an adequate amount of input into this process so they have practical results of flood impacts. Acknowledge the importance of flood control in and of itself. Nelson asked how the water resource inventory area (WRIA) fits into this process. People are already coordinating on WRIA. Hutchings stated the WRIA planning unit representatives are high on the list of stakeholders. Nelson stated he'd like to see their responses. Brenner stated the proposed structures could become another WRIA process. One WRIA process is enough. Those people have spent much time and energy on WRIA. An advisory group could be formed through WRIA. Hutchings stated the planning unit members represent other governmental entities, not just the community. Fleetwood asked the work the advisory committee could do. Staff would do the ranking. He asked if the advisory group would review the ranking and affirm the ranking. Hutchings stated the purpose is to affirm the process. It would review options for levels of service. It would recognize a wide variety of different classes of activities in which the County is engaged. Within a class of activities, such as capital projects, the committee would decide whether projects are right and ready to proceed. Staff needs to review all of those things and come forward with options that becomes a suite of planning activities, capital projects, and programmatic activities that would go into the Executive's budget. Staff would bring that recommended portfolio of activities to an advisory committee, which would decide if the process represents the community's expectations, and if the portfolio is consistent with the needs of the community. It wouldn't debate the funding priorities. Fleetwood asked if the advisory committee could propose additional projects. Hutchings stated it could. Those projects would have to start at the beginning of the process, just like any other project. The Council would receive a staff recommendation and an advisory committee validation or suggested refinement of the process. Crawford stated they are violating the intent of the State law unless they call the super -committee the Flood Control Zone District Advisory Committee. It's clear they're talking about expending the resources of that tax base, which has to be done through the Flood Control Advisory Committee, with its 15 members. They could create a super - committee called the Flood Control Advisory Committee and a task force of people who look specifically at flood issues. Weimer stated the Council is leaning toward the model of having a Flood Control Advisory Committee with five members each for habitat, flood, and stormwater/water quality. The Council concurred. Craven stated they shouldn't make any decisions today. They must first consider the funding mechanisms, which may dictate the structure of the process and advisory role. Today, they are looking at the process rather than the governance structure and funding Surface Water Work Session, 2/19/2008, Page 8 M 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. mechanism that pays for it all. As the Council continues to make decisions in this process, the structure may change. Weimer stated the Council concurs that it approves of the stakeholder involvement process. At the next work session, the Council will discuss levels of service. Nelson stated the result of any process they choose is a mechanism where the different interests are talking to each other and using resources to the best advantage for the entire county. Fleetwood stated change the name from something other than the Flood Control Zone District Advisory Committee, which would be slightly deceptive and less descriptive of the committee's purpose. Brenner stated the result is getting feedback and incorporating that feedback. Her fear is that the staff team work will change through politics. She supports having stakeholder information. Staff should incorporate that information so the Council has a better understanding of its limitations. Staff has better knowledge of County budgetary constraints and other issues. She's tired of making more and more advisory committees, which makes the Council further away from specifics when it takes a final vote. Ron Bronsema, Flood Control Zone District Advisory Committee, stated be cautious of creating new advisory committees. The County can't get anyone to apply to the subzone committees it has now. (Clerk's Note: End of tape one, side B.) Bronsema continued to state that the Flood Control Zone District Advisory Committee now has people from many different backgrounds with a variety of interests. Go slow in this process. Having 15 people on a committee makes it very unwieldy. They won't accomplish anything with a committee that is even larger. Seven or nine is a good number for a committee. Nelson stated this process is important because people will know how things will work. He asked about the option of reviewing projects on the criteria they've already talked about for the benefit of the entire county. Bronsema stated the existing group could do that. The Council may appoint people with more varied interests to suit what the Council wants from the committee. Some of the people on the Advisory Committee are strictly flood oriented and don't want to deal with other issues. He's not that worried about flood issues getting lost. The result of this ranking process is that the first priority is Lake Whatcom, but the next seven priorities are flood issues. If they go off the priority list, protecting flood issues will already happen. In terms of flood issues, they must implement the Comprehensive Flood Hazard Management Program for the lower river. The Advisory Committee was charged with that task when the district formed in 1992. They are just now in the process of finally developing these projects. Many things will come to the Council in the next six months. Some of those things will be big -ticket items. Flood prevention projects are often de facto habitat projects. Flood storage creates habitat. Marian Beddill, 3600 Seeley Street, Bellingham, stated she agrees with Mr. Bronsema. The name may be controlled by State legislation. Surface Water Work Session, 2/19/2008, Page 9 65 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 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. When the public meetings are held, one meeting style is a panel discussion and the other meeting style is having different tables focused on different issues, amongst which the public can mingle. She prefers the panel discussion style because it better -informs the public about the comments and interests of the other members of the public. Weimer asked if the staff and consultants will respond to stakeholder comments. Hutchings stated there will be an accounting of written comments and summaries of what they hear as they visit stakeholder groups. A reasonable compromise, rather than going through each comment, is to categorize the comments into different groups and then summarize a response. Craven stated the next meeting will address available financing options. The April meeting will address levels of service. Fleetwood asked if staff feels that today's meeting addressed the governance issue. Craven stated the governance structure will be formed based on the funding structure they choose. They want to be done with this by June, to be incorporated into the budget process. ADJOURN The meeting adjourned at 11:50 a.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 Surface Water Work Session, 2/19/2008, Page 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole February 26, 2008 Council Chair Carl Weimer called the meeting to order at 6:15 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson 1. DISCUSSION REGARDING WORK ASSIGNMENT PROPOSALS FOR THE COUNCIL'S PLANNING AND POLICY ANALYST (AB2008-059) Caskey-Schreiber stated Ms. Craven can go through the Planning Department work plan, received at today's Planning and Development Committee (on file). Look for items on the work plan that she could do in few hours. Brenner stated that would be wonderful. Kelly asked how they deal with programmatic things like the State Environmental Policy Act (SEPA) things that only the Planning staff can do. Rebecca Craven, Council Policy Analyst, stated SEPA duties can be delegated by the Department Head. Caskey-Schreiber stated councilmembers have done their own SEPA checklists. Craven stated staff will then write the determination of non -significance (DNS). Nelson stated that many of the items on the list only need the SEPA review, which can be done in a couple of hours. Craven stated there is a staffing question. Currently, SEPA Official Martin Blackman is being transferred to the Natural Resources Division and away from the SEPA duties, leaving the SEPA staff position undecided. Some of the items on the work plan that would be easy to do. Weimer stated councilmembers have asked Mr. Stalheim to explain how he came up with the required staff hours for certain work plan items. Craven stated the estimated staff hours are estimates. There may be items on the plan that underestimate the staff time needed. Weimer stated he would like Ms. Craven to go through the items and provide her perspective on required staff time. He would like to know if there's a way to streamline the process for the easy items. Craven stated that may be possible. Also, if she were to Committee of the Whole, 2/26/2008, Page 1 67 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. prepare staff reports for some of the items, it should be taken to the Planning Department first. It would be awkward for her to take items to the Planning Commission without staff review. She will work through some of those issues. She also has questions about the Planning Department organizational chart and tracking the staff positions. It seems there are fewer staff positions on the organizational chart than there used to be. She wants to be able to follow the number of vacancies and staff so the Council has an honest assessment of the shortfall. Weimer stated the Planning Director said they would shift from Senior Planners to Planners I and II. Fleetwood stated Ms. Craven could be the contact for who gathers the information from the Planning staff on why all these things take so long. He suspects there are many procedural steps that the councilmembers haven't considered. He suspects they've overstated the required staff time on a lot of the items, but he also agrees that the councilmembers don't understand all of it. There is a lot of work to do. There are more work projects than there are resources to get them done. He asked if the Council agrees with that general statement. Caskey-Schreiber stated she agrees. However, some of the little things on the work plan can be done easily. Crawford stated changing the subdivision code is a fairly simple process. Changing Title 20 is extremely complicated. Everything affects everything else. They can't change something in one zone without considering how it will affect other zones. Brenner stated that would be true in a perfect world. This Planning Department has such a turnover that no one will be there for any length of time. They won't have any institutional memory. Non -controversial items should be done on a different track from the big, controversial items. The Council budgeted for more than the number of positions listened. Crawford stated the Planning Department has over 70 employees. The 13.5 full- time equivalent (FTE) employees shown on the handout is for the long-range planning. Brenner stated the Council budgeted for more FTE's than shown, for long-range planning. Things keep changing from what the Council approves. Weimer stated Ms. Craven wants to track the flow of FTE's from a few years ago to now. Kelly stated this Council has asked very clear questions, but staff hasn't been willing to bring back clear answers. They need to know what they don't know, and if the issue is as simple as it appears to be. The Council needs to empower Ms. Craven to get the answers to the councilmembers' questions. They can't get those answers during committee meetings. Getting those answers would allow the Council to make informed decisions, rather than playing a cat -and -mouse game. Committee of the Whole, 2/26/2008, Page 2 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 that if a simple work plan item really does take 200 hours, the Council will need to find out why it takes 200 hours and whether they can streamline the process. Caskey-Schreiber stated she feels like the Planning management just repackaged Linda Peterson's information, which she presented in August. They have done nothing this entire year. There have been no Planning Commission meetings or any work done. Kelly asked if prioritizing the list is a policy question. The staff prioritized the list. He asked what criteria were used. Staff now wants the councilmembers to prioritize what they've prioritized, with no criteria. Weimer stated the criteria were whether the tasks were core functions or legally required. They didn't define what the core functions are. Caskey-Schreiber stated she would like to hear an attorney's interpretation of how Mr. Stalheim views the docketing process and annual review of Comprehensive Plan amendments. She was blown away that he said they don't have to do anything timely. Kelly asked if the Council could theoretically decide that the least important item on the list is really the most important item on the list. He doesn't advocate that the Council does that, but it's an example. He asked the response the Council would get. Crawford stated the Planning staff would love for the Council to do that. Brenner stated the State has a draft low -impact development (LID) ordinance. An engineer from Whatcom County was part of the process to develop that draft LID ordinance. The Council can adopt it by reference. She asked how that would require an intricate SEPA review. The State already gave the ordinance its blessing. Craven stated she understands that Planning staff just decided what priorities are most important, without any criteria. The department would be open to reprioritizing. However, if something goes above the line, then something else will have to fall below the line. Because of the number of vacancies, what the staff can get done this year is a vast over -estimation. The Natural Resources Division is in reasonably good shape. The Long - Range Planning Division and Permit Division are decimated. Even if they got the number of bodies they need next week, it will be awhile before they're fully functioning. Crawford stated the County has lost two more planners recently. Caskey-Schreiber stated the Council should be talking to the administration about how to stem the flow of people leaving. Crawford stated he's talked to the administration recently. Roland Middleton transferred to the Public Works Department. He's not sure Mr. Stalheim recognizes what a resource the County has in Mr. Middleton, who can cite Titles 20 and 21 without looking at it. He can fill a lot of these gaps, but his duties have been reassigned. Caskey-Schreiber stated she's shocked that they've moved Cathy Craver to the Natural Resources Division. Committee of the Whole, 2/26/2008, Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated she's still within the Planning Department, and is good at natural resources. Craven stated Ms. Craver will do many of the same things. Weimer stated the Council concurs that Ms. Craven will review the draft Assessment of Resources and Priorities to Address the Whatcom County Long -Range Planning Work Program for concerns and questions. The Council concurred. Craven asked the deadline and to which Council body she should report. Weimer stated she should report to the Committee of the Whole. Caskey-Schreiber stated schedule this item in a Committee of the Whole meeting before the Planning Committee on March 11. Craven stated she will have a review started by March 11, but won't have all the answers. As she's been working on the comprehensive water resources integration project (CWRIP), she's reviewed all the resolutions and ordinances dealing with the Flood Control Zone District, and its relationship with the County, sub -zones, and advisory committee. A substantial amount of clean-up is needed to clarify the relationship between the district and the County. She would like to clean that up in a resolution and interlocal agreement. Weimer stated that issue came up at a recent Birch Bay meeting. He agrees that the relationship needs to be cleared up. The Council concurred. Crawford stated be careful to keep the continuity of Ms. Craven's work plan. He hopes that they can come out of this process feeling like the County Council and administration expectations are more equal. This has been an issue for more than a year. It's a critical issue. That issue should stay a high priority. Nelson stated Ms. Craven would also review the flood sub -zone relationships with the County and the Flood District. Weimer moved to have Ms. Craven review the draft Assessment of Resources and Priorities to Address the Whatcom County Long -Range Planning Work Program for concerns and questions, clarify the relationship between the Flood District and the County through a resolution and interlocal agreement, and review the flood sub -zone relationships with the County and the Flood District. Motion carried unanimously. 2. ORDINANCE AMENDING WCC 20.92, REGARDING WRITTEN ARGUMENT, ORAL ARGUMENT, TIME EXTENSION, AND TRANSCRIPTS FOR APPEALS TO COUNTY COUNCIL (AB2008-060) Committee of the Whole, 2/26/2008, Page 4 70 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 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. Karen Frakes, Prosecutor's Office, stated the ordinance amends parts of Whatcom County Code 20.92. Nelson stated the Council Chair should have full authority. Frakes stated the Chair still has full authority. There are changes to the Council procedure on appeals from the Hearing Examiner. The Council became frustrated by the request for oral argument. That was removed from the provisions. Council staff also cleared up other sections that have been confusing. The proposed changes comport with the way they do things now. On the request for extensions, the change provides the other side an opportunity to respond before the Chair makes the decision, which makes the procedure fairer. The Chair still makes the decision. Brenner stated the full Council should decide. Frakes stated that isn't a legal issue. The Council can decide what it wants to do. Weimer stated he doesn't know of anyone who was turned down for an extension. Frakes stated they don't get that many requests. Occasionally, people use that procedure to stall things. Also, the Growth Management Hearings Board recently granted her motion to dismiss the Concrete Nor'West rezone request. That's one fewer Growth Management Hearings Board case they have to deal with. The neighbors and City of Nooksack are thrilled. OTHER BUSINESS ADJOURN The meeting adjourned at approximately 7:00 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 Committee of the Whole, 2/26/2008, Page 5 71 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. WHATCOM COUNTY COUNCIL Regular County Council February 26, 2008 Council Chair Carl Weimer called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Bob Kelly Sam Crawford Seth Fleetwood Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS There were no announcements. SPECIAL PRESENTATION Absent: None 2. PRESENTATION TO ALFRED AND DELORES RODRIQUEZ BY COUNTY EXECUTIVE KREMEN (AB2008-017) Pete Kremen, County Executive, stated Alfred and Delores Rodriquez donated waterfront beach land which joins Whatcom County park land. It will enhance the enjoyment and natural beauty of Birch Bay for generations. He presented Mr. And Mrs. Rodriquez with a token of appreciation. Alfred Rodriquez stated Albert Halvorson originally owned the property. It used to be an ice cream parlor, grocery store, and boathouse. He is pleased to donate the land to Whatcom County. 3. PRESENTATION BY COUNTY EXECUTIVE PETE KREMEN COMMENDING SERGEANT RICHARD FRAKES (AB2008-017) Pete Kremen, County Executive, stated he has issued a letter of commendation to Sergeant Richard Frakes of the Whatcom County Sheriff's Office for his actions regarding an armed man at the Kmart store. He read the letter into the record. Sergeant Frakes talked an armed man into relinquishing his gun and protected the people in and around the store. Bill Elfo, County Sheriff, stated he is very proud of Sergeant Frakes. He has served Whatcom County since 1975 with distinction and devotion to duty. He has been willing to Whatcom County Council, 2/26/2008, Page 1 72 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. put his life on the line even though he can retire any time he wants. He wants to make the community safer. Richard Frakes, Sergeant, thanked the Executive for the commendation and kind words. His actions were no different from any other deputy who would have responded. He just happened to get there first. Many fine men and women work in all sections of the Sheriff's Office. They do their job for the people of Whatcom County every day. Many things they do sometimes don't get recognized. Everyone in the Sheriff's Office works as hard as they can to do a good job. 1. PRESENTATION BY DOUG SUTHERLAND, COMMISSIONER OF PUBLIC LANDS, DEPARTMENT OF NATURAL RESOURCES, AND COUNTY EXECUTIVE KREMEN ON THE LAKE WHATCOM RESERVOIR WATERSHED RECONVEYANCE (AB2008-017) Pete Kremen, County Executive, stated they will move forward with the long-awaited Lake Whatcom reconveyance. He thanked the County Council for giving the administration the support needed to move forward on this item. This effort is truly monumental. If they are able to successfully complete this reconveyance with the State Department of Natural Resources (DNR), future generations will be able to savor and enjoy a remarkable asset to Whatcom County. Whatcom County's quality of life is often defined by its natural resources and recreational opportunities. They must all preserve those attributes. That preservation is a priority of his administration, with the County Council's support The DNR and Whatcom County bring forward a landmark proposal to recommend the transfer of ownership to Whatcom County of over 8,400 acres of DNR land in the watershed. The proposal will protect water quality, preserve important habitat, and provide recreational opportunities within walking and biking distance of the county's major population center. Included in the reconveyance is one mile of shoreline, which is currently proposed for residential development. The long-range management of these forestlands will be different under County ownership. The land would be used as low -impact park land. Management will be focused on creating diversity and allowing the forest to mature to an old growth environment. Development will be restricted to low -impact, non -motorized trails connecting communities, neighborhoods, and parks. The County does not envision building new roads for park purposes. Any needed forest practices will be directed to enhance diversity and old growth for the benefit of the lake and natural resources. The benefits are many. There are associated costs. He's directed his administrative staff to carefully review the costs and the transfer of long-term obligations, such as lost revenue from timber sales and ongoing maintenance costs. The costs will be reasonable and within the County's ability to pay. The benefits are worth the costs and efforts. This is a unique and special place. No other urban center can claim the potential of 8,400 acres of old growth timber. Doug Sutherland, Washington State Commissioner of Public Lands, described the history of the land. In the early 1930's, people were unable to pay property taxes due to the Great Depression. The property ownership reverted to the counties, but the counties didn't have the resources to manage the lands. Therefore, the State of Washington took Whatcom County Council, 2/26/2008, Page 2 73 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. the deeds for the properties and manage the lands to benefit the counties. About 680,000 acres in 19 counties became properties of the State. If a county wants the land conveyed from the State back to the county, the county has to set up a park plan, have the State accept that park plan, and work with the DNR to re -deed the properties back to the county. The current ownership of the Lake Whatcom land is a series of federally -granted trusts intermingled with the forest board lands, which the State manages on behalf of the counties. Altogether, Whatcom County has about 42,000 acres of these kinds of lands. Over the years, the State has maximized revenues to the County in the amount of $9 million. However, last year the State generated only $1.77 million. The federally -granted trust lands were given to the State by the federal government at statehood for the purpose of building schools, universities, and capital buildings. Western Washington University receives benefit from the trust generated through this land grant. The largest of these trusts is the common schools, public schools with grades Kindergarten through 12t" grade. The ownership pattern of these lands is intermingled. Originally his department thought that a reconveyance would be too difficult. They worked out a way to rearrange the ownership pattern so the County receives a unified block and the State retains ownership of the other trust as a unified block, which would separate one from the other. The current proposal is conceptual. After their initial obligation of public involvement, they must make sure the reconveyance trades properties of equal values through an appraisal process. The County must cover the appraisal expenses. Once the public process is complete, the State is ready to sign the memorandum of agreement. Several public meetings will be held during a sixty day period. They will explain in greater detail the transaction and reconveyance. Once that's done, he will complete the appraisal process and ensure an equal value trade among the trust beneficiaries. He will then take the proposal to the Board of Natural Resources for its concurrence. Then the deal can close. The DNR will probably have at least two public meetings within Whatcom County. The process will probably conclude this Fall or next Spring. By statute, the property must be used as a park. It's an incredible opportunity. This is the largest reconveyance they've attempted in the history of the State and through this process. The property is worth $20 million to $35 million. The citizens of Whatcom County will receive many benefits. Kremen stated Commissioner Sutherland and his staff have been very collaborative and helpful. Two people labored the most on this reconveyance. He recognized DNR staff Craig Partridge and Whatcom County Parks Department Director Mike McFarland. Brenner asked what is valued at $20 million to $35 million. Sutherland stated that is the approximate value of the 8,400 acres that will be reconveyed back to the County. Whatcom County Council, 2/26/2008, Page 3 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked if the County has to pay that amount. Sutherland stated it does not. It is the value of what the County will receive. Brenner stated the Council received a letter from the Mount Baker School Board. She asked how much revenue is from the trust for any affected school district. She asked who would make up that amount. Sutherland stated the State will not make up that amount. In managing these lands for the County, the County receives a percentage of the trusts' gross revenues. The State retains 22 percent of the gross amount. Those monies are distributed to various taxing jurisdictions. He doesn't know how much of that the school district typically receives. Brenner stated she would like to know what all those taxing districts receive. Mike McFarland, Parks Department Director, stated he will provide that information. Now, they estimate that about $185,000 and $200,000 goes to all the local taxing districts annually. Brenner stated $1.7 million was generated for the taxing districts. That's more than what they stated. Caskey-Schreiber asked if the State's 22 percent is included in the $1.7 million. Sutherland stated it is not. That is the net return to the County. Caskey-Schreiber stated she thanks Executive Kremen and Commissioner Sutherland for working on this worthy project. This is one of the best things they can do for Lake Whatcom. The Landscape Plan includes low -impact logging at best, but that may have still led to erosion, runoff, and consequences for the watershed. This is a winning situation for all. She hopes they work out the taxing issues locally. This is the best money spent in the long-term for protecting Lake Whatcom. Every reservoir on the West Coast has old growth forest around them. It is the best filtration system for Lake Whatcom. Kremen stated the 8,400 acres in the reconveyance is just over 25 percent of the entire watershed. It's massive and extremely significant. Nelson stated the vision is great. They've always had forestlands. This doesn't change much dynamics of the structure, other than forestry practices. He asked how they convey to the public the cost to the County, in terms of fire protection and roads, as they go through this process. He asked what resources the County will have to address issues as they arise. He asked if there will be a plan for those situations. McFarland stated the Natural Resources Committee addressed those costs at its meeting earlier in the day. Additional costs will depend on the type of resource management plan the County develops for these properties. They still need to work out a number of issues with the DNR. The DNR will still have a presence in those areas. They will share roads, tower sites, and fire protection. Nelson asked if the DNR provides fire protection. McFarland stated it will. Sutherland stated that has yet to be determined. Whatcom County Council, 2/26/2008, Page 4 75 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 this looks like a great presentation. The letter from the Mount Baker School District specifically asks that full compensation to the school district be a necessary condition of reconveyance. He asked if that's possible, or how that happens. Kremen stated it is possible. He's met with the Mount Baker School District officials, who are willing to work with the County. The district doesn't have excess funds. He will work with the district. They know the value of the lands. They estimate the transaction costs to be approximately $300,000. Annual operating costs, when built out, are estimated at $150,000 per year. The amount the County spends annually to protect Lake Whatcom pales in comparison. The County will get tens of millions of dollars of irreplaceable land within the watershed for $300,000. Caskey-Schreiber stated the cost of the Cable Street upgrade for the vault system, one stormwater fix, came close to $6 million. An ounce of prevention is worth a pound of cure. As people become educated about erosion issues and eutrification of Lake Whatcom, they will reach the same conclusion. Protecting this forest land is the best thing they can ever do. Brenner stated she's trying to be optimist and hopes this works out. It's ludicrous to compare this to Cable Street. This is forestry land. There is a Lake Whatcom forestry plan. The forestry plan held that land in good condition. The County should only do things that the taxpayers can afford. The numbers don't match. Kremen stated that over half of the 8,400 acres being reconveyed can never be logged under the current Lake Whatcom landscape plan. That takes 4,500 acres off the table. The DNR may get some land that can be logged in lieu of some of the land that the County gets in the reconveyance. The $1.7 million is not what the County will lose. There haven't been very many cuts within the watershed for several years. Sutherland stated the $1.7 million is what the County received from the DNR's management of the entire 42,000 acres it manages within Whatcom County. Kremen stated the suggested 60-day time period is not etched in stone. That time can be extended. Weimer stated they should move forward as fast as possible. He appreciates Executive Kremen and Commissioner Sutherland for working together on this item. All their questions will be answered. MINUTES CONSENT Caskey-Schreiber moved to approve the Minutes Consent items. Motion carried unanimously. 1. COMMITTEE OF THE WHOLE FOR JANUARY 29, 2008 2. REGULAR COUNTY COUNCIL FOR JANUARY 29, 2008 3. COMMITTEE OF THE WHOLE FOR FEBRUARY 12, 2008 Whatcom County Council, 2/26/2008, Page 5 76 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. 4. REGULAR COUNTY COUNCIL OR FEBRUARY 12, 2008 OPEN SESSION The following people spoke: Walter Illian, resident, stated he is opposed to the moratorium in the Geneva District. The zoning has not changed. It is still the same. He has services to three parcels. He wants to create two parcels and give one to his son. This moratorium is holding it up. He wants to build a house for his son and daughter. Brenner stated the County Council did the moratorium to get information and go through a public process. Illian stated the staff have said that report is done, and there isn't anything else they can do. Brenner stated she hasn't gotten any report. Weimer stated they will check into it. (Clerk's Note: End of tape one, side A.) Russ Pfeiffer -Hoyt, Mount Baker School District Board Member, Legislative Representative, submitted and read from a letter (on file). The Board has concerns about Lake Whatcom Land reconveyance and their request for compensation of the costs to the school district. Make sure the costs of reconveyance aren't borne by the district's children. Brenner asked the overall amount the district has received from the trusts in the last ten years. Pfeiffer -Hoyt stated there has been a moratorium. That area has been growing volume, but it hasn't been harvested. Agree on a process to determine a fair and equitable value. Brenner asked if the compensation would be received annually or as a one-time contribution. Pfeiffer -Hoyt stated the district is open to a variety of proposals. Mel Marcoux, 6128 Kickerville Road, stated testing methods for testing septic tanks will force many seniors or low-income citizens from their homes. They would have to come up with $25,000 for a mound system. Most cannot qualify for a bank loan. They will suffer emotional and financial losses, and could be evicted. Homeowners shouldn't be evicted unless the septic system has one or more of the following defects: sewage on the surface of the ground, sewage discharged to surface water, sewage backing up into a structure, sewage leaking from a tank chamber or collection system, contaminated ground water proven by a dye test, and surface intrusion into the septic tank. Use DNA testing to prove that human fecal bacteria is present in streams and well water. Use the Environmental Protection Agency (EPA), State, and federal grant funds to finance low -interest loans for testing and education programs. Provide free one -day workshops that allow homeowners to do all their inspections except when property is being sold. Provide vouchers to low- income, senior, and disabled residents with an income less than $40,000 who attend workshops to purchase repair materials. He is opposed to the septic testing method Whatcom County Council, 2/26/2008, Page 6 77 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. regarding one foot below the water table. He is also opposed to testing that overfills the septic tank. Weimer stated the Board of Health will discuss the septic system issue on February 28 at 12:30 p.m. Dennis Jones, 1487 Sudden Valley, stated there is a vision for Lake Whatcom. The vision of Lake Whatcom as a reserve and a park has been a vision for 25 years. There are 42,000 acres of DNR trust land in Whatcom County. The revenue for that was $1.7 million. There has been a moratorium for over ten years on the 8,400 acres in the reconveyance. Very little logging has been done there. There hasn't been any revenue from that acreage. The loss to the Mount Baker School District is not very much. It is a very low amount. The number one source of water input to Lake Whatcom is from Austin Creek. That is the source that they will sustain. This is the cheapest, best way to sustain the water. Roger Van Dyken, 145 E. Cedar Drive, Lynden, stated he supports the Legacy Project contract (AB2008-104) on the Council's Consent Agenda tonight. There are two parts to the Legacy Project. One part is the science. The other part is the body politic. Before the Council tonight is the contract for the science part, designed to give Whatcom County information for the future. It is a value tool, apart from the Legacy Project. The Council is right to question the members of the contract group. By design, the membership represents the diversity of Whatcom County. The scope of the project is to define what the citizens envision for their children and grandchildren. Todd Jones, 3057 East Bakerview Road, Whatcom County Agricultural Advisory Committee Member and Whatcom Legacy Project Steering Committee Member. The Legacy Project is a citizen -led effort to map out a legacy vision that provides a context for future planning. The steering committee, made up of a diverse group of people, is up to that task. He is in favor of awarding the Legacy Project contract (AB2008-104). The key task in the contract is to create a legacy vision that also provides a useable resource for future planning in Whatcom County. The contract will fund two areas of research. One area is the biodiversity database and map. The Council will have the information it needs to set conservation and development priorities in one place. That is a powerful tool. The second area of the contract is values research. They all need this research to better understand the public's values and interests regarding land use in Whatcom County. The research will also be useful for the 2011 Growth Management Act (GMA) update. Mauri Ingram, Whatcom Legacy Project Member, stated the Legacy Project contract (AB2008-104) has two components, attributes of place and values and ideals of the people. These two broad themes are the bases upon which Council decisions are predicated. The Council hears from people who want to add their voice to the process of land use planning in Whatcom County. While those are legitimate and well -intended people, they are often narrow in focus, fear -based, negative. The values research component of the contract invites focuses on what the community wants, not what the community doesn't want. The Council's and staff's work will be easier and create benefits to the community if the Council knows the community's shared ideals. Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, the ecosystem surrounding Lake Whatcom is beautiful. Whatcom County Council, 2/26/2008, Page 7 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 Law and Justice Council meeting was three hours, at a cost of $40 to $60 per hour. They plan on putting more prisoners in the big jail. Most of those on the council didn't have to go through courthouse security because they are insiders. He is afraid of Sergeant Frakes, who was earlier honored for being a hero. They are talking about a cost of $60 million to $100 million for a jail, including a big Sheriff's Office. They are also talking about a cost of $56 per day for 1,000 prisoners. That's big money. Dan McShane, 1451 Grant Street, Bellingham, stated the Council voted on the urban growth area (UGA) at the last meeting. He thanked the Council for its hard work. The findings of fact were impressive, even though not everyone was happy with what they voted for. The Lake Whatcom Coalition supports the Lake Whatcom reconveyance process. it will make for a better forest reserve park. It will benefit the management of the remaining forest land managed by the DNR. He is very excited about the reconveyance. The list of projects in the Comprehensive Economic Development Strategy (CEDS) document does not include any Lake Whatcom projects from the City of Bellingham. Some City Council Members are unfamiliar with CEDS. They may take up that issue and amend the document. One project that used to be on the CEDS list was the diversion dam on Middle Fork of the Nooksack, which is part of the draft Salmon Recovery Plan for Whatcom County. It's important for the County's salmon recovery efforts. He submitted photos of forest practices occurring under current forest practice rules. David Wallin, 2020 N. Mahonia Place, Bellingham, stated he is a faculty member in the Department of Environmental Sciences at Western Washington University. He supports the reconveyance proposal. He thanked Executive Kremen and Commissioner Sutherland for bringing the proposal forward. They all acknowledge that timber harvesting has a long list of adverse environmental impacts. He recognizes that people need to harvest timber, but don't harvest timber in the Lake Whatcom watershed. He is a forest ecologist. He discussed his background. Some people suggest that park development in the watershed would have more negative impacts than timber harvesting. That isn't a mature argument. There is no evidence of that concern. Brenner asked if well -managed logging practices can avoid adverse impacts. Wallin stated carefully -managed timber harvesting has adverse impacts. The associated road construction also has negative impacts. Compare the rates of landslides in watersheds with logging and without logging. Watersheds with logging and roads will have ten to 100 times more landslides than unlogged and watersheds. Mitch Freedman, Conservation Northwest Executive Director, stated he supports the reconveyance. He and his staff have talked to people in the community about this project. There is a great level of support and enthusiasm. It's difficult to track how the DNR money runs through the DNR and is disseminated to the trusts. However, look at the cost- effectiveness of the ecosystem service. Consider the economic benefits of lower risk to the lake and water quality improvements. They won't find a more cost-effective way to advance watershed protection. Some in the community are concerned that the reconveyance is a distraction from other important things they need to do to protect the lake. He doesn't agree. Reconveyance is progress and commitment to protect the watershed. He looks forward to more similar initiatives to protect the watershed. Whatcom County Council, 2/26/2008, Page 8 79 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. Sharon Crozier, Bellingham, stated she thanks the County Council for taking better care of the watershed than the Bellingham City Council. It's nice to see the concurrency issue on the agenda. The economy no longer allows the subsidy of private industry as has occurred for development. They've built enough, and no one is buying. Consider the idea of a county school district. All will be treated equally. Rod Pemble, 2915 Cedarwood Avenue, Bellingham, stated he congratulates the County and DNR for working on the revolutionary idea that is reconveyance. He also approves the Legacy Project. Marion Beddill, 3600 Seeley, Bellingham, stated protect Lake Whatcom. She supports protecting future generations. Evaluate and review it seven times before taking action. PUBLIC HEARINGS 1. ORDINANCE AMENDING WCC 12.24, FRANCHISE REQUIREMENTS (AB2008- 077) Weimer opened the public hearing and, hearing no one, closed the public hearing. Caskey-Schreiber moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE (INTERIM) RELATING TO TRANSPORTATION CONCURRENCY MANAGEMENT (AB2008-091) Weimer opened the public hearing and, hearing no one, closed the public hearing. Caskey-Schreiber moved to adopt the ordinance. Crawford stated they don't need an interim ordinance while they work on a final ordinance. They have had problems with the interim ordinance in the past. Brenner stated she agrees with Councilmember Crawford. She initially supported the interim because she was told there would be something substantial in six months. There isn't anything substantial. It's not necessary to have an ordinance for the sake of having an ordinance. It's now been a couple of years beyond the six months. Motion carried 4-3 with Nelson, Crawford, and Brenner opposed. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through five. Item six comes forward with no recommendation from the committee. Whatcom County Council, 2/26/2008, Page 9 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber stated they should update and better -prioritize the Comprehensive Economic Development Strategy (CEDS) list at some point. Brenner withdrew item one. Motion to approve Consent Agenda items two through five carried unanimously. 1. RESOLUTION UPDATING THE 2006 AMENDED APPENDIX OF THE 2002 WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) (AB2008-099) Nelson moved to approve the resolution. Brenner asked how often the Council can amend the list. Crawford stated it can be amended at any time. Dewey Desler, Deputy Administrator, stated the County Council normally approves this once every two years. The Council can adjust the list later on, based on new information. Crawford stated the dollar amount for the library is a very old dollar amount. He questions whether the City of Bellingham spent much time on the list. It may be worth going to the City to find out if they really looked at the list. Desler stated the Council can ask for more comments from the City Council. Caskey-Schreiber moved to hold in Finance Committee until March 25, 2008. Motion to hold in committee carried unanimously. 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FESTIVAL OF MUSIC IN SUPPORT OF TOURISM IN THE AMOUNT OF $15,000 (AB2008- 100) 3. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #07-124 TO LOW BIDDER VALLEY FREIGHTLINER FOR THE PURCHASE OF A SINGLE AXLE DIESEL HYBRID CREW CAB TRUCK IN THE AMOUNT OF $194,875.02 (AB2008-101) 4. APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH PICTOMETRY INTERNATIONAL CORPORATION FOR THE PROVISION OF UPDATED ORTHOGONAL AND OBLIQUE DIGITAL AERIAL IMAGES OF WESTERN WHATCOM COUNTY IN THE AMOUNT OF $128,190.60 (AB2008- 102) Whatcom County Council, 2/26/2008, Page 10 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. 5. APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #07-24 TO ADVANCED INTERACTIVE SYSTEMS FOR THE PURCHASE OF A FIREARMS TRAINING SIMULATOR IN THE AMOUNT OF $57,452.00 (AB2008-103) 6. REQUEST AUTHORIZATION FOR THE EXECUTIVE TO ENTER IN TO A CONTRACT BETWEEN WHATCOM COUNTY AND CONSERVATION NORTHWEST FOR THE LEGACY PROJECT IN THE AMOUNT OF $55,000.00 (AB2008-104) Nelson reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner moved to hold in committee for two weeks in order to get more information. (Clerk's Note: End of tape one, side B.) Brenner continued to state that she was told that it's not pure science if done by any groups with a special focus. She's not sure it's pure science. Caskey-Schreiber stated she is against the motion to hold in committee. The Council has discussed this project for a long time. It's time to move on for the sake of people who have invested a lot of time into the project. She doesn't want to rehash all the issues and perspectives if possible. Brenner stated that if she doesn't find anything substantive, she will vote for or against the item. She won't rehash anything. Motion to hold in committee failed 2-5 with Brenner and Nelson in favor. Nelson asked if Councilmember Kelly, who used to serve on the board for the contractor, has an appearance of fairness issue. Karen Frakes, Prosecutor's Office, stated that as long as Councilmember Kelly isn't financially benefiting from the contract, there isn't a problem. Brenner stated she is against the contract. It's one of the most controversial issues that they deal with. It must have a very objective third -party overview. Conservation Northwest has been very politically active. With political activism possibly comes less objectivity. The more they can do to alleviate polarization, the better. This is the kind of thing that should be done through Planning Department staff, as the past visioning project was done. The County should have this kind of database anyway. She asked where the recommendation for this came from. Dewey Desler, Deputy Administrator, stated the recommendation came from the administration as part of the 2007/2008 Budget proposal. During the budget process, the County Council initially rejected the project. The Council reconsidered and approved $35,000 for 2007 and $35,000 for 2008. It originally came forward in November. Caskey-Schreiber stated it's unfortunate that Councilmember Brenner keeps mis- characterizing Conservation Northwest. Councilmember Brenner is accusing them of Whatcom County Council, 2/26/2008, Page 11 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. breaking the law. It is not a political action group. It is a conservation non-profit entity that is not allowed to engage in any political activity. This originally started a long time ago. Roger Van Dyken represented Concerned Christian Citizens. That's where this idea evolved from. Mr. Van Dyken was visionary in trying to figure out what this community values and whether there is a way to figure that out. She hopes that information will help policy makers make better decisions. That's what this is about. It's a temperature of the community's values and information about the county's biodiversity. It's just information. The County Council has the power. Nothing will result from this. She doesn't understand why this is so threatening to so many people. It's a grassroots outreach effort from citizens. Sometimes it's healthier for government to not be involved. The individuals brought together are diverse, which is a benefit. The Council will have a hand in designing the community survey. When the Council does its next Comprehensive Plan update, the results may or may not influence councilmembers. It's great that this comes from a grassroots effort, not the government. Brenner stated she never said Conservation Northwest was a political action committee. She is not calling them dishonest. Don't make the issues personal. This is what happens with a polarizing issue. Crawford stated he is against the contract. It's a waste of tax dollars. It's not necessary. It's inappropriate and wrong in every way. Nelson stated he is against the contract. The angst displayed tonight should be a warning of what will happen with the public. They are mistaken if they think that this will make the public feel good. They are talking about putting money into an angst -filled process. The idea of the contract is not a bad idea. He's not afraid of information. However, how they gather the information can create problems in the community. They have no idea what the issues will be in 100 years. They may think they can plan for the future, but they can't. There has to be a gradual and sustained process with an involved community and a trusted government, not suspect interest groups. Weimer stated he is in favor of this contract. Through this process, the biodiversity map will put a lot of information in one place where County planners can use it. That's enough of a reason to vote for the contract. He doesn't have any angst at all. Government rarely takes a risk to push forward a vision. The citizens are coming to the County Council trying to push something forward. That's usually how things get better in a community. When this came up the first time, the Council raised lots of concerns. The steering committee allowed Dick Gilda to serve on the committee. Recently, Mr. Gilda said he supports this effort. That's a very diverse group of people who are in favor of this contract. Fleetwood stated Councilmembers Nelson and Crawford suggest that there is something inappropriate about doing things that try to achieve this vision they all have. The notion of a sustainable Whatcom County with natural resources and rural character is something that is expressed in State law, the County Comprehensive Plan, the 1992 visioning statement, and other places. It's something that is immensely difficult to achieve in the face of inordinate growth. This tool will inform future Councils dramatically. The effort is worthwhile if it increases the likelihood that it will forward that vision for the county. This is a good thing. Whatcom County Council, 2/26/2008, Page 12 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 there is a substitute version of the contract, handed out during the Finance Committee. Motion to approve the substitute contract carried 4-3 with Nelson, Brenner, and Crawford opposed. OTHER ITEMS 1. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #4 IN THE AMOUNT OF $2,323,460 (AB2008-090) Nelson reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried unanimously. 2. RESOLUTION TO CONSIDER VACATION OF A PORTION OF WILLOW STREET IN BIRCH BAY (AB2008-105) Brenner reported for the Public Works and Safety Committee and moved to approve the resolution. This is a little piece of land that connects two roads in Birch Bay. Birch Bay is growing. Even if this portion of Willow Street never becomes a road, she doesn't like giving up public access that could become a bike path or trail. They will find out more when staff presents its information. Motion carried unanimously. 3. COUNTY EXECUTIVE PETE KREMEN REQUESTS CONFIRMATION OF HIS APPOINTMENT OF WENDY ROBINSON TO THE WHATCOM COUNTY DEVELOPMENTAL DISABILITIES BOARD (AB2008-106) Caskey-Schreiber moved to confirm the appointment. Motion carried unanimously. 4. RESOLUTION ADOPTING THE PHASE III REVISION OF THE WHATCOM COUNTY 10-YEAR HOUSING PLAN FOR PREVENTING AND ENDING HOMELESSNESS (AB2008-107) Gary Williams, Health Department, gave a staff report and stated this is ongoing review of the County Homeless Plan, first adopted in 2005. He described the changes to the plan. The plan is revised, updated, and identifies new goals. If there are future funding requests, they will know the priorities. The State received the plan well. This County is truly committed to ending homelessness. Brenner stated Mr. Williams is a wealth of information. He will retire soon. Brenner moved to approve the resolution. Whatcom County Council, 2/26/2008, Page 13 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Motion carried unanimously. S. ORDINANCE AMENDING WCC 20.92, ORAL ARGUMENT, TIME EXTENSION, COUNTY COUNCIL (AB2008-060) Crawford moved to adopt the ordinance. Motion carried unanimously. INTRODUCTION ITEMS REGARDING WRITTEN ARGUMENT, AND TRANSCRIPTS FOR APPEALS TO Brenner moved to accept the Introduction Items, including the substitute ordinance for Introduction Item two. Motion carried unanimously. 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) 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) 3. ORDINANCE FOR PROJECT -BASED BUDGET REQUEST NO. 2008-02 FOR COUNTY ROAD PROJECT 905014, REPLACEMENT OF THE WHATCOM CHIEF (AB2008-109) 4. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTER 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) 5. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085A) OTHER BUSINESS DISCUSSION WITH PUBLIC WORKS DIRECTOR FRANK ABART AND DEPUTY ADMINISTRATOR DEWEY DESLER REGARDING ROAD FUND AND CAPITAL PROJECT REVIEW (AB2008-097) Nelson reported for the Finance and Administrative Services Committee. Councilmembers should look at long-term impacts on County funds. At this time, they are looking at a $38 million deficit by 2013. There are things the County can do to offset a Whatcom County Council, 2/26/2008, Page 14 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. potential deficit. The administration asks the Council to look at alternatives and additional funding mechanisms. This item is held in committee for two weeks. Dewey Desler, Deputy Administrator, stated a Council work session on this item would be useful. Caskey-Schreiber stated the Public Works Committee or Committee of the Whole should address the issue. She hasn't heard about this at all. DISCUSSION WITH DEPUTY ADMINISTRATOR DEWEY DESLER REGARDING LOBBYING PRIORITIES IN PREPARATION FOR THE UPCOMING NACO LEGISLATIVE CONFERENCE IN WASHINGTON, DC (AB2008-096) Nelson reported for the Finance and Administrative Services Committee. The administration provided a summary of issues that the administration will work on at the upcoming conference. The issues are: protecting Lake Whatcom, impacts from the 2010 Olympics, the East County Resource Center, Swift Creek, rapid border prosecution, and multi -jurisdictional data integration project. Caskey-Schreiber stated everything seems fine. She's concerned that the administration is asking for $22.5 million for a six -week event, but is asking for $700,000 for the Swift Creek issue, which will last for over a hundred years. That seems lopsided. Dewey Desler, Deputy Administrator, stated the estimate a year ago was $65 million. The federal government told the County to bring back something that results in a more deliberate management plan. That's what this issue is about. The $700,000 is for the County's negotiation with federal authorities on how to address Swift Creek. The federal government is obligated to address the major landslide. This will not be the end of the issue. A number of federal agencies will be involved. The administration asks the Council to approve these issues in advance of the conference. There are applications prepared for each Congressional member that serves this area. Crawford moved to accept and recommend the list as presented by the administration. Fleetwood stated lobbying the Congressional members is always worthwhile. However, they never get more than $2 million to $4 million in a year. It's not likely that the County will receive $22.5 million for the 2010 Olympics. Desler stated the administration has worked on the 2010 Olympic issue for some time. They've been told that the federal administration is interested in responding to impacts that will occur to this community. The Executive has talked to members of the White House staff. Pete Kremen, County Executive, stated this request was not put together by the administration. It was put together in concert with all law enforcement agencies in the community, including the State, federal, and local agencies. He's also worked with officials from the Department of Homeland Security, who support the County's request. They believe the request is necessary. He received tepid support from the White House. He is Whatcom County Council, 2/26/2008, Page 15 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. still working with the White House, Congressional delegation, and other Congress members from Washington State. He's met with almost all of them. This is a pared down request for a temporary regional command center during the Olympics. The bulk of the cost is in the equipment. Homeland Security estimates that they need 40 stations in the command center. This isn't just about terrorism. It's for interoperability. About $11 million is appropriated for the cost of interoperability and emergency communications. They need these things for well beyond the Olympics. He hopes the administration and Congress will support these requests. The requests are from different pots of money than in the past. Also, an Olympic event doesn't occur every year. It happens seldom. This money will secure readiness for any kind of emergency. Caskey-Schreiber stated the President's proposed 2009 budget includes drastic cuts to Justice and Homeland Security, including a 70 percent cut to the State Homeland Security grant program. However, it adds $50 million toward a public safety interoperable communications grant program. There is a small hope. They should maybe ask for one thing that's really important instead of asking for everything. Kremen stated this is the pared down request. He's talked with Homeland Security officials and local emergency responders, who are unhappy that the administration isn't asking for more money. The $22 million is what they collectively feel is necessary for the Olympics. It has to be up and running by August 2009. This is phase one of the total request. They eliminated phase two, the bulk of the request. He has been led to believe that these are reasonable requests that can be supported. It remains to be seen whether there is the financial wherewithal to accommodate the requests. It's incumbent upon the County to make the request. If they don't get it all, then they at least tried. It's not an inflated request. Weimer stated the money would come from different pots. He'd hoped Swift Creek and Lake Whatcom would be higher priorities. Kelly stated it doesn't work that way. Nothing ventured, nothing gained. They are separate pots of money. They are never asked to compromise one issue against another because the funding comes from different pots of money with different people in control of those pots. Oftentimes, the President will make large budget cuts based on information that a powerful person from the delegation will replace the money. The President will make a 70 percent cut knowing full well that the funding will be replaced. He's cutting the budget trying to be fiscally responsible. The pressure is put on the delegation to replace the money. Regarding Swift Creek, the issue may not yet be ripe. The money being asked for is seed money that is well spent. With federal appropriations, they have to have something like a business plan. The $700,000 will help them leverage the larger pot of money in the future. He's never seen a situation when someone is asked to choose between needs and projects. Try for all of them in hopes of getting one. Caskey-Schreiber stated Maria Cantwell's staff has told her they can't steer federal dollars to capital buildings. However, they do fund community health centers. Show the connection as an East County health center. Desler stated there are two anchor tenants of the East County facility. One tenant is the Head Start program, which has a lot of federal Whatcom County Council, 2/26/2008, Page 16 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. support. The other anchor tenant is the Interfaith Clinic, which also has access to federal funds. Every community with an Olympic games in the past few decades has received significant federal support. The largest source of people will come through Bellingham and Blaine. Salt Lake City is further away from Park City in the last winter games, and it received $739 million to respond to the impact of the games. They are asking for $22 million to deal with safety and security issues they can use for years to come. Kremen stated the President's recommended budget has been slashed. The Democrats call it a parting shot. It is emaciated. This is a presidential election year. A lot of politics are going on in Washington D.C. They have to be persistent. It usually takes three or four requests before an appropriation is granted. He will do the best he can to bring back as many resources as possible. He may not be successful in most cases. He will make every effort to get funds necessary for these items. Nelson stated he proposes adding his healthcare issues to the list of issues. Brenner moved to add the Councilmember Nelson's healthcare issues. Nelson stated his issues are the same as before. He will talk about supporting the Elder Justice Act regarding elder abuse and crimes against older Americans. He will also talk about a new issue regarding Title 19, Medicaid dollars. They are implementing a new case management rule. Eligibility assessments will be separated from the patient. Finally, he will talk about Medicare reimbursement rates. The Children's Health Improvement Plan for States and funding for community healthcare centers are also issues. Crawford accepted the list of healthcare items as a friendly amendment to his motion to approve the list of items. Motion carried unanimously. Brenner stated the Council received an email regarding a bill being discussed about ferries. Write a letter of support to go with the Bill, saying Whatcom County ferries will be treated the same way as the other State -funded ferries. (Clerk's Note: End of tape two, side A.) Caskey-Schreiber stated Councilmember Brenner should bring forward a letter that's already written. Crawford stated the email is written to do a study on how the State ferry fares impact local governments. He asked how this is applicable to Whatcom County. Whatcom County doesn't have a State ferry. Brenner stated they're trying to achieve parity so counties with State ferries won't continue to get gouged by fare increases. Whatcom County has a similar problem, even though it's not a State ferry. Whatcom County receives State funding. She was told that the reason docks have to be in the operating expense equation was because Whatcom Whatcom County Council, 2/26/2008, Page 17 0. 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. County would not be eligible for State funding if it didn't. Whatcom County is indirectly part of the same equation. Crawford stated he disagrees. Whatcom County runs its own ferry and controls its own fares. Brenner stated a huge chunk of the money comes from the State. Weimer stated he can't support a letter until he sees it. Another part of the bill was to freeze fares until the study was done. If they freeze State ferry fares, they should make sure that the pot of money the County receives for its ferry is somehow the same. Brenner stated she will write a letter and bring it forward. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Crawford stated he appreciates the Council being willing to introduce his ordinance on ferry fares. The County is currently losing about $500 to $1,000 per day, every day of the year. It's time they do something about that. Caskey-Schreiber stated she would like to look at that issue the same day they look at the road fund priority list and road fund deficit. Weimer stated they need to find a solution. He would like the specific information they asked for previously. He won't vote for anything until he gets that information. ADJOURN The meeting adjourned at 9:29 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, 2/26/2008, Page 18 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-095 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Z' /Z-0g RR `� �J �Vf E C E I� /J E D 212612008 Council - Introduction Division Head: 'L t%' 31 12008 Council — Hearin v/ Dept. Head: r FEB 19 2008 Oa�3 DS Prosecutor: WHATCONI COUNTY COUNCIL Purchasin /Bud et: 8 ' � / l4/ O� Executive: i TITLE 6FDOCUMENT, Ordinance Regarding the temporary installation of Stop Signs on Baker Lake Road at both ends of the Sulphur Creek Bridge #422; CRP #908013. ATTACHMENTS: 1. Memo to County Executive and Council 2. Ordinance 3. Vicinity Map SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? (X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: 311112008 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance will allow the temporary installation of stop signs for traffic control that is needed on Baker Lake Road at both ends of the Sulphur Creek Bridge #422. This ordinance is necessary to comply with RCW 46.61.200 and 47.36.110 to install traffic control signs. COMMITTEE ACTION: COUNCIL ACTION: 2/26/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www co.whatcom.wa.us/council. a WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT P`�M c°� Assistant Director/County Road Engineer 3; Z� 2011 Young St., Suite 201 Bellingham, WA 98225-4052 Frank M. Abart �9 �o� Phone: (360) 715-7450 Director Fax: (360) 715-7451 Memo To: The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director ?1,(J-1®� From: Joseph P. Rutan, P.E., County Road Engineer/Assistant Directoop James P. Karcher, P.E., Engineering Manager �PK Date: February 12, 2008 Re: Ordinance regarding installation of temporary Stop Signs on Baker Lake Road at both ends of the Sulphur Creek Bridge #422; CRP No. 908013 Requested Action: Recommend adoption of an ordinance to install temporary stop signs on Baker Lake Road at both ends of the Sulphur Creek Bridge #422. Background and Purpose: In December 2007, the Sulphur Creek Bridge No. 422 on Baker Lake Road received severe scour damage to the sub -structure due to several high water events. The bridge's structural integrity has been compromised and therefore closed to traffic. A temporary structure is being installed under itern no. 23 - "Various Bridges Rehabilitation / Replacement" on the 2008 Annual Construction Program. The County Road Engineer is recommending that traffic control is needed prior to entering the temporary structure by installing stop signs at the entrances. The stop signs will be removed when a new permanent structure is in place and the temporary structure is removed. Currently the Engineering Division has submitted an application to FHWA for emergency funds to replace the damaged Sulphur Creek Bridge #422. If available funding is secured, the Engineering Division will come back to the Council to amend the 2008 Annual Construction Program with a bridge replacement project. Information; This ordinance will allow the temporary installation of stop signs for traffic control that is needed on Baker Lake Road at both ends of the Sulphur Creek Bridge #422. This ordinance is necessary to comply with RCW 46.61.200 and 47.36.110 to install traffic control signs. I:\CRP CURRENT PROJECTS\Sulphur Creek Bridge 908002\Day Labor Temp Brdg\Revised Sulphur MEMO.doc 91 1 SPONSORED BY: 2 PROPOSED BY: Public Works - Engineering 3 INTRODUCTION DATE: 4 5 ORDINANCE NO. 6 AN ORDINANCE REGARDING TEMPORARY INSTALLATION OF STOP SIGNS 7 ON BAKER LAKE ROAD AT BOTH ENDS OF THE 8 SULPHUR CREEK BRIDGE #422; CRP #908013 9 10 WHEREAS, in compliance with RCW 46.61.200 and 47.36.110, it is found 11 necessary and expedient to install traffic control signs on certain County Roads; and 12 13 WHEREAS, the Sulphur Creek Bridge #422 on Baker Lake Road recently has 14 been closed to all traffic; and 15 16 WHEREAS, a temporary one -lane bridge will be installed necessitating stop 17 control at each end of the bridge; and 18 19 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that 20 stop signs be installed on Baker Lake Road at both ends of the Sulphur Creek Bridge 21 #422, Section 25, Township 36 North, Range 8 East, W.M. 22 23 BE IT FURTHER ORDAINED that when the replacement of the Sulphur Creek 24 Bridge #422 is completed with a new and permanent structure, the stop signs will be 25 removed. 26 27 BE IT FURTHER ORDAINED that the County Engineer is hereby directed to 28 install the appropriate signs and that the Whatcom County Sheriff be notified by a copy 29 of this ordinance. 30 31 ADOPTED this day of , 2008. 32 33 34 WHATCOM COUNTY COUNCIL 35 ATTEST: WHATCOM COUNTY, WASHINGTON 36 37 38 39 Dana Brown -Davis, Council Clerk Carl Weimer, Council Chair 40 41 42 APPROVED AS TO FORM: () Approved () Denied 43 4 45 46 Civil Deputy Prosecutor Pete Kremen, Executive 47 48 Date: 92 I SULPHUR CREEK BRIDGE NO. 422 VICINITY MAP CRP NO. 908013 93 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-108 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council o Originator: ��,,�J/ ` - 2112108 2126108 ntrodu�tion Cathy Craver V Division Head: Linda J. Peters on ((�� I� q� 1J�1 E C L� O V E D FEB 19 2008 3/11/08 Hearing Dept. Head: David Stalheim INHA COM COUNTY Prosecutor: Royce 2 f/ C 0" UP,,` e,y v& L Buckingham Purchasing/ Budget: Executive: Pete Kre n TITLE O DOCUMENT: An interim ordinance for the UR and URM zoning districts in the Bellingham Urban Growth Area relating to density, lot clustering, and reserve tracts. ATTACHMENTS. (1) Proposed interim ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Adopt and interim ordinance that would apply regulations related to lot clustering, reserve tracts, and water and sewage disposal to the UR and URM zoning districts in the Bellingham Urban Growth Area (UGA). The interim ordinance would implement necessary regulatory mechanisms until the update to the Bellingham Subarea Plan is adopted. This is a continuation of the original interim ordinance (ORD. 2007-051) adopted 9/28/07. COMMITTEE ACTION. COUNCIL ACTION. 2/26/2008: Introduced substitute version Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2007-317 ORD:#. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcomwa.us1counci1. E SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. ADOPTING AN INTERIM ORDINANCE FOR THE UR & URM ZONING DISTRICTS IN THE BELLINGHAM URBAN GROWTH AREA RELATING TO DENSITY, LOT CLUSTERING AND RESERVE TRACTS WHEREAS, Proposed amendments to the Comprehensive Plan and to the UR and URM zoning districts relating to lot clustering and reserve tracts, which is part of the 2006 batch of comprehensive plan amendments (AB# 2006-406), do not apply to the Bellingham Urban Growth Area; and WHEREAS, The update to the Bellingham Subarea Plan has not yet been adopted; and WHEREAS, An interim ordinance is necessary to implement regulations relating to density, clustering, and reserve tracts within Bellingham's Urban Growth Area until the Bellingham Urban Fringe Subarea Plan has been adopted; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify Council action; therefore, the Council makes the following findings of fact: 1. The Urban Residential (UR) and Urban Residential Medium Density (URM) zoning districts in the Bellingham Urban Growth Area will not have implementing regulations relating to density, clustering and reserve tracts without an interim ordinance. 2. The interim ordinance would be consistent with the Whatcom County Planning Commission's recommendations to amend the UR and URM zoning districts to require that, if the site is in a long term planning area or does not have public water & sewer, minimum lot size for clustered lots will be reduced, a maximum size for clustered lots will be imposed, lots will be located in a single cluster, the reserve tract will be unbuildable for residential uses (until rezoned and public water & sewer are available) and, when the reserve tract is developed, wells, sewage disposal systems and associated easements located on the reserve tract will be abandoned and the clustered lots will hook-up to public water and sewer. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an interim ordinance be adopted to apply to WCC 20.20.252 and 20.22.252 to the UR and URM zoning districts in the Bellingham Urban Growth Area as shown on Exhibit A. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this amendment shall be effective for not longer than six months following the effective date of this ordinance, or until the Bellingham Urban Fringe Subarea Plan and implementing regulations become effective. ADOPTED this day of 12008. Page 1 95 ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED as to form Civil Deputy ecutor Encl. Exhibit A WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair () Approved () Denied Pete Kremen, County Executive Date: Page 2 96 EXHIBIT A 20.20.252 Maximum density, minimum lot size and maximum lot size within an urban growth area. Min. Reserve Maximum Minimum Lot Size Maximum Lot Area (Cluster District Gross Density Size Subdivisions) Conventional Cluster Cluster Lots UR: all densities without ** 1 dwelling N/A* 12,500 sq. ft. 22,000 sq. ft. N/A public sewer and water unit/5 acres UR: all densities outside 1 dwelling N/A* N/A short-term planning areas ** unit/5 acres 12,500 sq. ft. 22,000 sq. ft. UR: all densities with ** 1 dwelling N/A* 12,500 sq. ft. 22,000 sq. ft. N/A public sewer or water unit/5 acres UR-3: in short-term tanning areas, with public 3 dwelling ewer and water, and units/1 acre 12,000 sq. ft. 8,000 sq. ft. N/A Q 25 /o tormwater collection and detention facilities UR-4: in short-term planning areas with public 4 dwelling sewer and water, and units/1 acre 8,000 sq. ft. 6,000 sq. ft. N/A o 20 /o stormwater collection and detention facilities UR: In Bellingham's UGA 1 dwelling ling dwel without public sewer and u it/1 0 acres 10 acres 12,500 sq. ft. 22,000 sq. ft. N/A water Page 3 97 20.22.252 Maximum/minimum density and minimum lot size — General. Maximum Minimum (�) Minimum Lot Minimum Lot Lot Size Reserve District Gross Density Size— Size —Cluster Area Conventional (Cluster Clustered Divisions) Lots URM: all densities without Maximum density: N/A* N/A public sewer and water** 1 dwelling unit/ 12,500 sq. ft. 22,000 sq. 5 acres ft. URM: all densities outside Maximum density: N/A* N/A short-term planning areas** 1 dwelling unit/ q.. 12500 sft 22,000 sq. 5 acres , ft. URM: all densities with Maximum density: N/A* N/A public sewer or water** 1 dwelling unit/ 12,500 sq. ft. 22,000 sq. 5 acres ft. URM-6: with public sewer and water, and stormwater Maximum density: 7,200 sq. ft. N/A N/A collection and detention 6 dwelling units N/A facilities URM-12: with public sewer Maximum density: and water, and stormwater 12 dwelling 7,200 sq. ft. N/A N/A collection and detention units/acre N/A facilities URM-18: with public sewer Maximum density: and water, and stormwater 18 dwelling 7,200 sq. ft. N/A N/A collection and detention units/acre N/A facilities URM-24: with public sewer and water, stormwater Minimum net collection and detention density: 10 dwelling facilities and transferable units/acre. development rights pursuant Maximum density: N/A N/A N/A to the provisions of 24 dwelling N/A Chapter 20.89 WCC and units/gross acre. subsection (4) of this section. URM: In Bellingham's UGA 1 dwellinq unit/10 without public sewer and 10 acres 12,500 sq. ft. 22,000 sq. N/A water acres ft. Page 4 98 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 �GOM coG o� IN MEMORANDUM TO: Pete Kremen, County Executive THROUGH: David Stalheim, Director ,,�Q Linda J. Peterson, Division Managea�'"` FROM: Cathy Craver, Planner CAL-1 DATE: February 13, 2008 DAVID STALHEIM Director LINDA J. PETERSON, AICP Long Range Planning Division Manager RE: Renewal of interim ordinance for UR and URM zoning districts relating to density, lot clustering, and reserve tracts Regulations related to density, lot clustering, and reserve tracts were adopted in September 2007 for the UR and URM zoning districts, but did not include the Bellingham Urban Growth Area (UGA) because the Bellingham Urban Fringe Subarea Plan and its related regulations were in the process of being updated. In order to address the gap in regulations until the Subarea Plan is adopted, an interim ordinance was adopted until the plan is complete. This is set to expire in March 2008. The attached ordinance will re -adopt the interim additional six-month period to allow time for Subarea Plan and its related regulations. regulations for the UR and URM districts for an the adoption of the Bellingham Urban Fringe Office (360) 676-6907 FAX (360) 738-2493 0 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 - 94 CLEARANCES Initial Date Date Received in Council Of rice Agenda Date Assigned to: Originator: 2/19/2008 2/26/2008 Introduction Division Head: 3 / 11 / 08 Hearing Dept. Head: Prosecutor: Purchasin 1Bud el: Executive: TITLE OF DOCUMENT. Ordinance, interim, adding Lake Padden as Water Resource Protection Overlay, etc ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 3/11/2008 SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends Whatcom County Code Title 20, on an interim basis, to include Lake Padden as a Water Resource Protection Overlay District, Stormwater Special District, and Water Resource Special management Area. COMMITTEE ACTION: COUNCIL ACTION: 2/26/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution AB2007-286 and 286A 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. 100 SPONSORED BY: Consent PROPOSED BY: Consent INTRODUCTION DATE: February 26, 2008 ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, CHAPTER 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 WHEREAS, there are concerns that future development within the Lake Padden Watershed will degrade the quality of water in Lake Padden; and WHEREAS, Whatcom County Code 20.71 has established a water resource protection overlay district to provide additional controls to preserve and protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.635 has established a stormwater special districts to provide additional stormwater controls to preserve and protect unique and important water resources within Whatcom County; and WHEREAS, Whatcom County Code 20.80.735 defines special management areas to establish a more stringent standard for clearing activity in highly valued water resource areas within Whatcom County; and WHEREAS, Lake Padden is a high value recreation fishing and swimming lake utilized on a regular basis by many residents of Whatcom County; and WHEREAS, the preservation and protection of important recreational opportunities and water resources is a top priority of the Whatcom County Council; and WHEREAS, the potential development under the current zoning and proposed zoning may lead to irreversible harm to Lake Padden; and WHEREAS, the creation of new development and building lots poses a serious risk to Lake Padden because of the creation of additional storm water and impacts to the hydrology of the lake watershed and corresponding increases in phosphorus inputs into the lake; and WHEREAS, RCW 36.70,795 requires the adoption of Findings of Fact which justify Council action, the Council makes the following findings of fact: 1. This interim zoning ordinance amending WCC Title 20 is necessary to avoid future degradation of the Lake Padden watershed. 2. Without additional water resource protection within the Lake Padden Watershed, impacts from future development and storm water may cause irreversible harm to Lake Padden and cause harm to the health and welfare of the public. 3. The Whatcom County Council desires the opportunity to review development regulations related to the Lake Padden watershed to permanently address these health and safety concerns. 101 WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - Significance on September 25, 2007; and WHEREAS, the Whatcom County held a public hearing on this issue on February 26, 2008;and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a Whatcom County Code Title 20, is hereby amended as indicated in Exhibit A to this Ordinance. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this day of , 2008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council VAPPRVED AS TO>&M ivil Deputy Prosecutor Carl Weimer, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 102 EXHIBIT A Chapter 20.71 WATER RESOURCE PROTECTION OVERLAY DISTRICT Sections: 20.71.010 Purpose. 20.71.020 Application. 20.71.021 Area and applicability. 20.71.050 Permitted uses. 20.71.100 Accessory uses. 20.71.150 Conditional uses. 20.71.200 Prohibited uses. 20.71.300 Open space and impervious surfaces. 20.71.350 Cluster subdivisions. 20.71.351 Cluster design standards. 20.71.352 Open space reserve area. 20.71.400 Building setback/buffer areas. 20.71.600 Development criteria. 20.71,601 Parking space dimensions. 20.71.602 Parking requirements. 20.71.603 Alternative surfacing methods. 20.71.604 Vehicular access. 20.71.700 Roads, curbs, gutters and sidewalks. 20.71.010 Purpose. The Water Resource Protection Overlay District is an overlay zone that is intended to impose additional controls to preserve and protect unique and important water resources within Whatcom County. This district is designed to protect the long-term viability of the Lake Whatcom, Lake Samish, and Lake Padden watersheds while creating a regulatory framework to address the needs of these watersheds that are not otherwise provided for in the underlying zone districts. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.020 Application. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001). 20.71.021 Area and applicability. (1) The Water Resource Protection Overlay District is an overlay zone that covers the entire geographic area of the Lake Whatcom, Lake Samish, and Lake Padden watersheds within Whatcom County's jurisdiction. For purposes of this title, the Lake Sarnish watershed shall consist of that portion of the Friday Creek sub -basin of the Samish River watershed that lies within Whatcom County. 103 (2) This district may be expanded to include other areas through the annual zoning text amendment process. (3) The Lake Whatcom, Lake Samish, and Lake Padden watersheds are also designated as stormwater special districts pursuant to WCC 20.80.635 and water resource special management areas pursuant to WCC 20.80.735. (4) In the event that the provisions of this chapter conflict with the provisions of the Shoreline Management Program (WCC Title 23), Chapter 16.16 WCC, Critical Areas, the Whatcom County Development Standards, the provisions of the underlying zoning district or other applicable county policies or regulations, then the most restrictive shall apply; provided, that the minimum setback provisions established in WCC 20.71.401 shall prevail. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.050 Permitted uses. All permitted uses in the underlying zone districts are permitted except as expressly prohibited, made conditional, or further conditioned by this chapter. .051 Private noncommercial greenhouses less than 250 square feet. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99- 086, 1999). 20.71.100 Accessory uses. All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made conditional, or further conditioned by this chapter. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002- 075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.150 Conditional uses. All conditional uses in the underlying zone districts shall remain conditional uses unless expressly prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall only be conditionally permitted: .151 On -site storage facilities for hazardous wastes associated with outright permitted uses or approved conditional uses, other than cottage industries as defined in WCC 20.71.215, subject to the most current siting criteria under Chapter 173-303 WAC within the Rural, Rural Forestry, Commercial Forestry, Neighborhood Commercial and Resort Commercial Zone Districts only. .152 Retail or wholesale plant nurseries or greenhouses for storage, propagation and culture of plants, provided: (1) Greenhouses shall not be larger than 1,000 square feet. (2) Greenhouses and cultivated ground shall not be located within 250 feet of Lake Whatcom, Lake Samish, Lake Padden or streams subject to the Shoreline Management Program; 200 feet from fish -bearing streams; or 150 feet from other streams and their tributaries that flow into Lake Whatcom, Lake Samish, or Lake Padden. (3) A monitoring program has been established to ensure that chemical and pesticide quantities in stormwater runoff do not exceed state water quality standards. Complete control of drainage from the operation shall be in effect. Such runoff will be tested for pollutants bimonthly by a licensed water quality testing agency. All requirements will be met at the owner's expense. 104 (4) No person shall apply a commercial fertilizer, either liquid or granular, that is labeled as containing more than zero percent phosphorous or other compound containing phosphorous, such as phosphate; provided, that such fertilizers may be used for establishment of new vegetation in the first growing season. .185 Type I solid waste handling facilities, except: (1) Moderate risk waste facilities; and (2) Facilities in the Recreation and Open Space District. (Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .201 Dry cleaning establishments. .202 Gas stations, service stations, combustion engine repair garages and automotive wrecking yards. .203 Sod farming. .204 Aquaculture and mariculture projects. .205 Operation of fur farms. .206 Confinement feeding operations. .207 Asphalt and concrete batch plants. .208 Gravel bar scalping projects within the jurisdiction of the Shoreline Management Program. .209 Utilization of sewage sludge on land. .210 On -site treatment facilities for hazardous wastes. .211 Type I solid waste handling facilities, except those specified in WCC 20.71.185. .212 Type II and Type III solid waste handling facilities. .213 Golf courses. .214 Cemeteries. .215 Cottage industries that would require on -site hazardous waste storage facilities. .216 Surface mining outside of designated Mineral Resource Lands (MRL) Special Districts; provided, that surface mining, rock crushing, washing and sorting subject to the Forest Practices Act (Chapter 76.09 RCW) is permitted. 105 217 Major passenger intermodal terminals. 218 Freight railroad switching yards and terminals. .219 Agriculture, including animal husbandry, horticulture, viticulture, floriculture, and the cultivation of crops. .220 Animal hospitals and accessory kennels and stables. .221 Commercial kennels and stables. (Ord. 2005-085 § 1, 2005; Ord. 2004-014 § 2, 2004; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.300 Open space and impervious surfaces. .301 Open space requirements shall be as follows: (1) For uses in the TC and NC Zones, at least 25 percent of the parcel shall be reserved as open space. (2) For uses in the RC Zone, at least 40 percent of the parcel shall be reserved as open space. (3) Open space areas shall be maintained in natural vegetation or landscaped per WCC 20.80.325. (4) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in open space calculations. .302 Impervious surface requirements shall be as follows: (1) For uses in the LIR, URM and RR Zone Districts, at least 80 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (2) For uses in the R Zone District, at least 90 percent of the lot or parcel shall be kept free of structures and impervious surfaces. (3) Where subsection (1) or (2) of this section does not allow 2,500 square feet of total impervious surface area, 2,500 square feet shall be allowed. (4) Two or more lots of record consolidated pursuant to the provisions of WCC 20.83.070 shall be treated as one undivided parcel for the purpose of calculating total allowable impervious surface. Where two or more lots or parcels are consolidated; are not subject to the provisions of WCC 20.83.070; and are not subject to a permanent restrictive covenant that precludes development of buildings, structures or other improvements not otherwise identified by said covenant, 4,000 square feet of impervious surface shall be allowed. (5) Preexisting nonconforming impervious surfaces may be routinely maintained/repaired or redeveloped; provided, that if 50 percent or greater of the preexisting nonconforming impervious area is to be redeveloped, then the applicable impervious surface limitations of subsections (1), .(2) and (3) of this section shall apply. However, if a legal nonconforming structure is destroyed, the nonconforming use may be reconstructed using the pre-existing footprint. Expansion of nonconforming impervious surfaces shall be prohibited. (6) A mobile home within an existing mobile home park may be replaced with a larger mobile home (not to exceed a maximum of 1,500 square feet), provided there is not an increase in the overall number of mobile homes in the park or any increase in other impervious surfaces beyond the new mobile home footprint. 106 (7) For properties within the jurisdiction of the Shoreline Management Program (WCC Title 23), submerged lands and/or tidelands within the boundaries of any waterfront parcel that are located waterward of the ordinary high water mark shall not be used in impervious/pervious surface calculations. (8) Any portion of a roof overhang or other overhanging architectural feature which projects further than three feet from the footprint of a structure shall be calculated as impervious surface. (9) Alternative surface methods described in WCC 20.71.603 may be used. (Ord. 2005-085 § 1, 2005; Ord. 2005-079 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-063 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.350 Cluster subdivisions. The purpose of cluster subdivision is to provide a method of creating building lots with spatially efficient sizes. Clustering is intended. to consolidate development and associated infrastructure, reduce development costs, and increase infrastructure efficiency. Clustering is also intended to help preserve open space and the character of areas, reduce total impervious surface area, and minimize development effects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and resource lands. Preservation of open space is thereby intended to reduce potential stormwater runoff and associated impacts while assuring protection of viable, undeveloped, and naturally vegetated corridors for wildlife habitat, protection of watersheds, preservation of critical areas, preservation of aesthetic values including view corridors, and preservation of trail and/or recreation areas. (Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.351 Cluster design standards. The creation of new building lots within Water Resource Protection Overlay Districts shall be subject to the following design standards: (1) Cluster subdivisions shall be required for all land divisions resulting in lots less than five acres in size, with the exception of boundary line adjustments. (2) A cluster subdivision shall include a permanent open space reserve area meeting the criteria established in WCC 20.71.352. (3) The minimum cluster lot size requirements of the underlying zone district shall apply. (4) The maximum number of building lots in a lot cluster shall be 10. (5) Clusters containing two or more lots of less than one acre within a proposed development shall be separated by at least 80 feet. (6) Clustered building lots may only be created through the subdivision, short subdivision or binding site plan process pursuant to WCC Title 21. (7) Building lots shall be designed and located to be compatible with, and avoid disturbance of, critical areas or other valuable or unique natural resources or known archaeological sites, as well as physical constraints of the site. (8) Building lots shall be arranged in a cluster/concentrated pattern. (9) A cluster subdivision shall have no more than two common encroachments on existing county roads unless site constraints require additional road access. The arrangement of clustered building lots shall be designed to avoid development forms commonly known as linear, straight line or highway strip patterns. (10) As applicable, interior streets shall be designed to allow future vehicular access to .any portion of the reserve tract which may be divided into future building lots; provided, that the required permanent open space reserve area, pursuant to WCC 20.71.352, shall not be further subdivided. (Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; 107 Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.352 Open space reserve area. (1) For purposes of this title, an "open space reserve area" shall be defined as that portion of a subdivision or short subdivision set aside in accordance with this chapter, and permanently dedicated for active or passive recreation, critical area protection, natural resource or archaeological site preservation, wildlife habitat and/or visual enjoyment, and shall be consistent with the definition of "open space" pursuant to WCC 20.97.275. (2) The open space reserve area shall be subject to the following provisions: (a) The minimum open space reserve area shall be determined by the minimum cluster subdivision reserve area requirements of the underlying zone district. (b) A permanent open space reserve area shall be protected using one of the following mechanisms: (i) Placement in a separate nonbuilding tract owned in common by all lots within the subdivision; or (ii) Covered by a protective easement or public or private land trust dedication which protects at least the minimum required cluster reserve area specified in the underlying zone district; or (iii) Preserved through an appropriate permanent protective mechanism that provides the same level of permanent protection as subsection (2)(b)(i) of this section as determined by the county zoning administrator or hearing examiner which applies to at least the minimum required cluster reserve area specified in the underlying zone district. (c) The boundaries of the open space portion of the reserve area may be altered only if the county finds that in dedicating adjacent reserve areas it would further the objectives listed in WCC 20.71.350 by altering the reserve area and increasing the area of reserve proportionately on the adjacent land being subdivided so that there is no net reduction in open space reserve area. (d) The purpose of the open space reserve area as defined in subsection (1) of this section shall be recorded on the face of the final plat or short plat. (e) The remaining unused development density and/or impervious surface allowances remaining on the parcel containing the open space reserve area, based on the gross density of the parent parcel, may be assigned to that portion of the reserve tract not subject to the minimum area requirements of subsection (2)(b) of this section. The density shall be recorded on the face of the final plat or short plat. The development rights assigned to the reserve tract in accordance with this subsection may not be transferred if the pervious surface area associated with the reserve tract has been transferred to the other building lots within the subdivision. (f) The requirements stated in subsections (2)(c) and (d) of this section shall be recorded as a restriction on the face of the final plat or short plat, and shall constitute an agreement between Whatcom County and the current/future owner(s) of record that shall run with the land. Said restriction(s) may be amended by mutual agreement between said parties after review for consistency and compliance with the official Whatcom County zoning ordinance, the Whatcom County subdivision ordinance, and the Whatcom County Comprehensive Plan. (g) For cluster subdivisions approved after December 7, 1999, that portion of the reserve tract which is kept in pervious open space may be counted toward pervious surface area requirements for the building lots in the subdivision on a prorated basis. (Ord. 2005-085 § 1, 2005; Ord. 2005-048 Exh. A, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.71.400 Building setback/buffer areas. .401 Setbacks for all properties within -the overlay district shall be as follows: Class I and Class II roads shall have a minimum setback of 30 feet; and Class III, IV and V roads shall have a minimum setback of 20 feet; provided, that the road right-of-way meets the minimum standard for road rights -of -way pursuant to the Whatcom County Development Standards. .402 Roof overhangs or other overhanging architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend three feet into the front yard setback; however, in no case shall they extend more than one-half the depth of the front yard setback. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord, 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-062 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.600 Development criteria. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034,.2002; Ord. 2001-021 § 1, 2001). 20.71.601 Parking space dimensions. A standard parking space shall have the rectangular dimensions of 10 feet in width and 20 feet in length; provided, that for any parking area of six or more spaces, 50 percent of all spaces may have the rectangular dimensions of eight feet in width and 15 feet in length; and further provided, that these spaces are marked for use by compact automobiles. Except in single-family residential areas, all dimensions shall be exclusive of driveways, aisles and other circulation areas required under WCC 20.80.560 and 20.80.570. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.602 Parking requirements. Parking shall conform to the requirements of WCC 20.80.500 through 20.80.590 unless otherwise specified in this section. Minimum parking requirements may be reduced through any of the following methods: (1) A shared parking agreement has been filed with the county auditor establishing a shared parking lot for land uses with noncompeting hours of operation, or for multi -tenant retail and commercial facilities; provided, the parking lot is not located further than 700 feet from any of the uses it is intended to serve. (a) The minimum required parking in shared facilities shall be based on the land use with the highest parking demand. (b) Mixed use developments with similar operating hours may be required to submit a parking demand study to determine if parking can be combined. (2) A 20 percent reduction may be approved if an establishment is located within 1,000 feet of any regularly scheduled bus stop. (3) The zoning administrator determines that a reduced requirement will reduce overall impervious surfaces while maintaining consistency with this title. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 109 20.71.603 Alternative surfacing methods. Alternative surfaces including, but not limited to: bark or wood mulch, washed gravel, grid/lattice systems, permeable interlocking pavers, pervious concrete, porous asphalt, and other similar approved materials are encouraged. Alternative surfacing methods may be approved for fringe or overflow parking areas, emergency parking areas, private roads, fire lanes, road shoulders, bike paths, walkways, patios, driveways, and easement service roads in residential or commercial zones unless site constraints make use of such materials detrimental to water quality. Utilization of alternative surfacing methods shall be subject to review and approval by the Whatcom County public works department, fire marshal and/or the county ADA coordinator for compliance with other applicable regulations and development standards. Surfaces shall be considered impervious surfaces under WCC 20.71.300 unless the following conditions are met: (1) Bark, wood mulch, and washed gravel shall be designed and installed so that all rain water falling upon the alternative surface will be infiltrated directly beneath the alternative surface without generating surface runoff based on the one-year, 24-hour storm event. (2) Other alternative surface methods shall be designed and installed in accordance with the guidelines in the 2005 Low Impact Development Technical Guidance Manual for Puget Sound or subsequent version, prepared by the Puget Sound Action Team (Publication No. PSAT 0503), as applicable. No pervious surface credit shall be given for projects utilizing an underdrain system. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-049 § 1, 2001; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.604 Vehicular access. Driveways and curb cuts shall be minimized along all arterial and collector roads. Each existing lot shall be allowed only one driveway or curb cut; adjacent lots are encouraged to share access points. In new developments, lots or leased sites shall be oriented toward internal driveways, parking areas, or roads with limited access to arterial or collector roads. (Ord. 2005- 085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.71.700 Roads, curbs, gutters and sidewalks. The intent of this section is to reduce impervious surfaces and stormwater runoff. Innovative street sections, which do not compromise public safety, shall be encouraged in the watershed. Narrow streets and reduced sidewalk standards that satisfy pedestrian and vehicular circulation requirements may be implemented with the approval of the Whatcom County public works department. Unless specifically required, roads shall not be wider than the minimum applicable standard. A rural road standard may be approved by the Whatcom County public works department for urban density residential areas where the developer provides adequate off-street parking and pedestrian walkways. (Ord. 2005-085 § 1, 2005; Ord. 2004-007 § 1, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002; Ord. 2001-021 § 1, 2001; Ord. 99-086, 1999). 20.80.635 Stormwater special districts. (1) Whatcom County shall establish the following geographical areas as stormwater special districts: (a) Drayton Harbor watershed. (b) Lake Whatcom watershed. 110 (c) Lake Samish watershed. (d) Birch Bay watershed. (e) Lake Padden watershed (2) Requirements for these areas are contained in WCC 20.80.636 and in the Whatcom County Development Standards, Chapter 2. (Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-034, 2002). 20.80.735 Water resource special management areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed, soils on- site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off -site. Preservation of existing trees on -site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as Water Resource Special Management Areas: Lake Whatcom watershed; Drayton Harbor watershed; Lake Padden watershed Lake Samish watershed; and Birch Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) Lake Whatcom, Lake Sarnish, and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, May 1st through September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1st through April 30th. (2) Within Water Resource Special Management Areas, clearing activity must conform to the following conditions: (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. 111 (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or time line. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than, the protection provided by the standard two-day soil stabilization requirements of this section. (d) Tree Canopy Area Retention. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, in addition to compliance with all other requirements of this title and other titles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of nonconversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for purposes of a building site, driveways, parking areas, and areas to be landscaped, but such areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing tree canopy area, whichever is greater. (ii) The following criteria shall be used to determine which tree canopy areas are to be prioritized for retention: (A) Stands of mature native trees; (B) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (C) Trees within critical areas or their associated setback and/or buffer areas as defined under WCC Title 16 or 23; or (D) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (iii) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (iv) The county shall require that tree canopy areas to be retained are identified on a site plan and clearly flagged, or delineated, on the site. A tree canopy area retention plan must accompany a project or clearing permit application and be approved by the technical administrator before clearing activity takes place. The plan shall contain the following components: (A) A scaled drawing identifying the following: 1. North arrow; 2. Property boundaries; 3. Existing structures; 4. Site access; 5. Tree canopy areas to be removed; 6. The outer dripline of tree canopy areas to be retained; 7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; 8. Protection measures to be utilized for areas that will be undisturbed; and 9. Areas to be replanted pursuant to subsection (2)(d)(vii) of this section. (B) A planting schedule that indicates the time frame for replanting of trees as applicable; and 112 (C) Provisions for maintenance and monitoring. (v) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated by temporary fencing, tape, or other indicators around the outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly visible and shall be maintained for the duration of the proposed clearing or development activity. Any tree canopy areas designated for retention shall be field verified by the technical administrator before clearing activities begin. Trees within canopy areas designated for retention shall not be damaged by clearing, excavation, ground surface level changes, soil compaction, or any other activities that may cause damage to roots or trunks. Machinery, impervious surfaces, fill and storage of construction materials shall be kept outside of the dripline of the tree canopy areas designated for retention. (vi) Tree canopy areas may be removed. when limited to those canopy areas affected under the following circumstances: (A) Fire prevention methods when supported by the county fire marshal; (B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and determination by a licensed arborist or forester may be required); (C) Encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (D) Where installation and/or maintenance of roads or utilities would unavoidably require removal or cut through the root system. (vii) In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (A) Be of the same, or similar, native species as those trees removed from site; (B) Be planted to re-establish tree clusters where they previously existed, or to enhance protected tree clusters; (C) Be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (D) Be located away from areas where damage is likely. (viii) If any trees within canopy areas designated for . retention are damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. (ix) The county may require a bond or other security in an amount not to exceed 125 percent of the merchantable timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re -planted to replace those previously in existence. In the event that replanting does not occur, the county may enforce upon any bond posted. Each tree removed or destroyed shall constitute a separate violation. (e) Seasonal Clearing Activity Limitations. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from September 1st through April 30th; provided, that: (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per WCC Title 23 and/or Chapter 16.16 WCC) conditions of approval 113 requiring commencement of clearing activity during the wet season, as defined above, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. (iii) An exemption from the seasonal land clearing requirements of this section does not grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. (Ord. 2005-074 § 1, 2005; Ord. 2005-061 Exh. A, 2005*; Ord. 2005- 032 Exh. A, 2005; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-053, 2002; Ord. 2002- 034, 2002). "Code reviser's note: The amendments of Ordinance 2005-061 sunset February 7, 2006. 114 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 85 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Frank Abart 2/26/2008 2/26/2008 Introduction Division Head: 3 11 2008 Hearin Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ordinance amending WCC 10.34, Ferry Rates, and Unified Fee Schedule ATTACHMENTS: Memo, ordinance, and exhibits SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 3/11/2008 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEE ACTION. COUNCIL ACTION: 2/26/2008: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 115 SPONSORED BY: Crawford 2 3 4 5 6 7 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 PROPOSED BY: Public Works INTRODUCTION DATE: 02/26/08 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code discusses administration of Ferry Rates and an interpretation of the rate schedule included in the Whatcom County Unified Fee Schedule; and WHEREAS, ferry rates are set forth in the Unified Fee Schedule; and WHEREAS, it is necessary to amend the rates charged to users of the Ferry; and WHEREAS, in order for the user fees to be amended as requested on Exhibit B, it is necessary to amend Chapter 10.34 of the Whatcom County Code as shown on Exhibit A; NOW THEREFORE BE IT ORDAINED that Whatcom County Code 10.34 be amended as shown on Exhibit A, and BE IT FURTHER ORDAINED, that the Unified Fee Schedule be amended as set for in the attached Exhibit `B", and BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit "B" shall be effective .May 1, 2008. ADOPTED this day of 12008 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor () Approved () Denied Pete Kremen, County Executive Date: Page 1 116 EXHIBIT A Chapter 10.34 FERRY RATES'' Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the unified fee schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2005-090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees are set forth in the Whatcom County unified fee schedule and become effective as set forth in the ordinance adopting or amending such schedule. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. 117 B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multiride cards shall be sold to full-time students only. Proof of age and enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate may be applied to children under 12 and children 12 to 18 years of age, or full time post highschool students who reside on Lummi Island. No special child discount is available for drivers of vehicles. County employees on official county business shall be exempt from fares. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. K. A special needs based discount is provided for Lummi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County Treasurer's Office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County Treasurer's Office. *Family of 4 or more with less than $40,000 total annual income *Family of 3 with less than $30,000 total annual income *Family of 2 with less than $20,000 total annual income *Individual with less than $10,000 total annual income L. Eligibility for a "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458 16 020 and 458 18 020, and as these may be hereafter amended. Eligibility for a 118 special "senior/disabled" discount is also available to all Lummi Island residents that quallify for medical assistance within the Medicaid Program. M. Multiride cards shall be valid until G;X (6 .. GRthr, afteF rates nhaRge sixty ( 0) days after the effective date of a rate change. No credit or refund will be allowed. N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. (Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001- 064) . Footnotes 'Prior legislation: Ord. 89-103. 119 co co ` 4 W cn A W N � p CJCJ) C) CD CD A) O O O O O O O O O Q ) y O CD V a) � W CL � U�1 A W N � 0000 C n � y < < < ao r -0 Z c—;o cnm c) (D m m o 0 Q o CD CD CD CD � a) 0)v Q Q Q Q N U) N y () n n n 0 m cv m m Cn _ 0 m ro m m m d cn u, cn cn CD m CD 0 M. 0 OC n Q- C_ a -u T W CD m m O m C0 Q-0 O CD O CD (aD CD A A A < = U) Cn n W n N Cn M U 00 00 CD T I 0 CD Wa p 7 CC o O C)O (= ID CD _ _ cT CD I -0 CD v Cq N N CD CD c N N (D 7 a CD CD m 00 00 C CD m CD N v' i a D- N cD cD N O O V CO N O O (n O O O � Cn CJ1 N OCD O O O O O O O O O 6 O O O C)O O O O O O O O O C)O C) Efl � Efl bq Efl {� {� Efl {� 69 Efl Efl Efl Efl � cnN Pi V W N O O O � O p O 00 C)1 N O p0 O O O O O O O p O O O O O M O c a cn X o c a :Ll O c � Z7 O c : ;Ll O c O O to N M X o c a Cr M O c a M ;o O c a O c a O c O A O c � cn M O c a O c :3 D- -' O c N N N (n `G 0 n 0 C) n C) n 0 n 0 n n (7 0 n n n C) n C) n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 w is is w w is is WW is is is w w is A A A A A A A A A A A A A A O O O O O O O O O O O O O O a a a a a a a a a a a a a a m w w m m w m m m m w w m m m 2 N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O o O o O O o O V V V V V V V V V V V V V V 0 0 0 0 0 0 0 0 0 0 6 6 0 0 0 0 0 0 0 0 0 0 J 0 0 0 0 0 0 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ Q ❑ ❑ ❑ ❑ F M tD CA 0 m x rh N O O 00 C (' Q TI <D n (D Q C Q 3 rh v CD 0 ..h N 120 PO CT .A O p W v W CT cn Cr cn cn Cr cn cn cn cn c cn rnrnrn rn rn M M rnrnO O a O 00 n v 0) CT .A W N � O � 0000 CD -I fn su p -i -I -I < < < < < < c (n Z � 8 v v =r � � = (D (D m CD cD N -+ cF F �' _ n o Q - y - fD (D N CD CD CD y O - c CD y 0 N W I W CDco CD c U) 03O '. O ai < n yt m "'h m — — -, — — — Q � CD ((DD (D W W N N Co 00 7 � o o O O 0� O O O O O O CD O O CD O CD �_ o o O V 0) O o CD O O O O O O O O O O CD r— O O O O O O Er ErErET `n U) CD N EA W cno� o (� O N 00 O � Co Cn j p Cn Cn ON O O n O O O O p O O O O O O 00 O O o0 N CD cn EA EA EA EA EA EA EA Efl EA C69 O O _ 00 .41 O O O O O O O O O O O O O O O O O O O O O O N CD V 0 _f O O O O r► 0 O O O O :U O A p :7 C c c O C O (- O C O _0 :3 :3 :3 c :3 c :3 c :3 c N (� Q Q Q Q 3 Q 7 Q 7 CD M. Q � 0- —I Q Q M. M. M. � � � -� = M. N U) U) (0 (D n 0 n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 n 0 r2 �2 0 0 0 0 0 o O O O O O o O O A A A WWO A A A A WOW A A A A A O O O O O O O O O O O O _a a a_ _a a a_ a a a _a _a _a m m m w m m m m m m m m N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O i l �4 �4 V 'I �4 �4 V -I -1 - l -1 O O O O O O O O O O O O O O O O O O O O O O O O ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ C c Cr 0. � C o c> y T o 90 v 0 0 y 6 ,r m x T� co IV O /O� W C (D� Q n lD Q C Q 2 �h v 0 0) CD T CD CD y sv Q 0 S 0) I c0 CD (A 121 Accounting Civic Center Annex 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone # (360) 676-6692 Fax # (360) 676-6863 MEMORANDUM TO: Sam Crawford Honorable Member of the Whatcom County Council FROM: Frank M. Abart, Public Works Director SUBJECT: Ordinance to amend Whatcom County Code Chapter 10.34, ferry rates, and the Whatcom County Unified Fee Schedule DATE: February 15, 2008 As per our discussion, fares were increased in March 2007 for the first time since the last fare increase in 2002 as follows: • Pedestrian single ride rates went up 100% From $1 to $2 and the multi -ride (25) went up 8.7% from $23 to $25. • Vehicle/Driver single ride rates went up 75% from $4 to $7 and the multi - ride (25) went up 29.4% from $92 to $119. • The heavy vehicles single ride rates went up 50% to 200% from $8, $15, $30 to $20, $45, $90 respectively, with the multi -ride (10) up 25% to 50% from $80, $150, $300 to $100, $225, $450 respectively. The pedestrian multi -ride (25) is at a 50% discount to a single ride ($1 vs. $2 per trip). The vehicle/driver multi -ride (25) is at 32% discount to a single ride ($4.76 vs. $7 per trip). The heavy vehicles multi -ride (10) are at a 50% discount to a single ride (example of under 20,000 lb $10 vs. $20 per trip). Since the fare increase, total rider -ship volume is down about 3% from 229,022 to 222,604. Single rides (cash) are down 38% from 152,509 to 93,296. However, multi - ride (prepaid punch card) rides have increased 57% from 78,628 to 124,225. The total fare revenue is projected to be $240,000 higher than 2006 at about $905,000. This revenue amount will remain fairly constant given little or no changes in ridership or rates. Whatcom County Code 10.34 (attached for reference) required fare recovery at 55% of total operating expenditures. The 2006 recovery should have been $1,071,511. The 2006 actual collected fare amount was 34% or $663,794, leaving a shortfall of $407,717. The projection for 2007 is a collection rate of 43% or about a $246,000 Page] of 2 122 shortfall. The fare recovery is projected to continue to fall short of 55% of total operating expenditures. Comparable ferry operations in the state have a 10% - 20% discount on multi -ride products. In order to reach the revenue needed to recover the 55% level required by Whatcom County Code, this proposal and ordinance amendment uses the previously detailed Option #1 which is as follows: Assumptions used for ticket sales are the projected 2007 sales annualized for each of the future years. No change was made to the product mix. Assumptions used for expenditures are the projected 2007 expenditures with 2.5% to 3% increases each future year. 10% Discount on all Multi -ride products beginning May 1, 2008. Another fare adjustment beginning in 2009 and every two years after that. This is estimated to recover 55% of operating expenses and makes up the deficit in just over 5 years based upon current assumptions and projections. Multiride cards shall be valid until sixty (60) days after the effective date of a rate change. No credit or refund will be allowed. This will be reviewed regularly and at least annually. If revenue targets are not met as projected further analysis and additional fare adjustments may be necessary. Page 2 of 2 123 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-122 CLEARANCES InitialI Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 2/25/08 j� L jj � � I� (� � E ID �I� `V/ MAR 0 4 2008 WHATCOM COUNTY COUNCIL 3/11/08 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: �8143 TITLE OF DOCUMENT. Appointment to the Whatcom County Veteran's Advisory Board ATTACHMENTS: Application for Appointment ' 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.) County Executive Pete Kremen requests confirmation of his appointment of Justin Mosiman to the Veteran's Advisory Board. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 124 PETE KREMEN GOM co COUNCILMEMBERS: County Executive { �/ Barbara E. Brenner R EC E I E ®Laurie Caskey-Schreiber V Sam Crawford ' Seth M. Fleetwood �q %� FEB ZOpg Robert Kelly L. Ward Nelson Carl Weimer PETE KREMEN COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: �.)O _Qlo" Aji s, ,a ��on A_ 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 (-�) Two ( ) Three Are you a registered voter? lv*,\�j yes ( ) no Name: ,kk,�J "wS\AkX,"j Date: z - �� Street Address: 4 City: L ij �q C �N Zip Code: Mailing Address (if different from street address): Day Telephone: SC-1 0 91 Zy 3 6)/S Evening Telephone: Fax Number: Occupation (If retired, E-mail address: Al�v please indicate former occupation):iv�tr_� Professional/Community Activities: K, W0,VI-\ S 'Pan"qe_ . Education: As ass 4A66 U` . Qualifications related to position: , . � Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? () yes no If yes, please explain: References (please include name and daytime telephone number): + ND w-f 12 . /U! N ezLSp1dG�a 3�,�'��S"� — .� 4n✓.cans Signature of applicant: 9 0Ax)-,0 As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 125 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-123 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: SM I 2125108 FR CC7 E C V E ID3111108 MAR 0 4 2008 WH a COM COUNTY COUNCIL Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: v3 TITLE OF DOCUMENT. • Appointment to Lake Management District No. 1 ATTACHMENTS. Application for appointment SEPA review required? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Charlie Rinker to Lake Management District No. 1 COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 126 4 TE KREMEN County Executive r C-Ho ;0ATCO�n P11knoir Barbara E. Brenner Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Sharon Roy APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: L rac\C-e- 'M •j�vv\ -V _Ri5A- --J* Which position on this board are you applying for (if applicable)? Which .Council district do you reside in? ( ) One Are you a US citizen? Q� yes ( ) no ( ) Two ( ) Three Are you a registered voter? (A yes ( ) no Name: C, S IT 42-� � Q VL C JZ Date: 1%1n u -7 Street Address: 19 S S` LAJ 1 Lc— S ft-%-5 1'1 City: Zip Code: Mailing Address (if different from street address): Day Telephone: 7;.C,0 --. Z 1-k Evening Telephone: Fax Number: E-mail address: c. i- "tom e- ww l ��-� CTp�c►,,p c_ Occupation (If retired, please indicate former occupation): n f,0Ac._.r5- Professional/Community Activities: G`' ``�" ( �e.a I ,) I SC Education: i� Qualifications related to position: Describe why you are interested in serving on this board or commission: L-J k5 Rs iC-e_c1 � C. J w� w�, � •.� � -i;- � y'7 rv, �� e.'fz. � r W1 Do you or your spo se have a financial interest in agency that does business with Whatcom County? If yes, please explain: l`rY►.�at r are you an employee or officer of any. business or ( ) yes (>6 no References (please include name and daytime telephone number): TcF2 .. o_/!� 2 3 3- 2- 2� 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. 127 WHATCOM COUNTY COUNCIL AGENDA BILL NO. Zoos-124 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 2125108 3111108 Council Originator: ,�ll1 (E ^ �J E n E ILIJ1j I�U��V Division Head: MAR 0 4 2008 WHATCOM COUNTY Dept. Head: Prosecutor: Purchasin /Bud et: C O U N C I L Executive: 03 03 .TITLE OF DOCUMENT. Substance Abuse Advisory Board appointment ATTACHMENTS. Application for appointment, Staff/Board recommendation memorandum 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.) County Executive Pete Kremen requests confirmation of his appointment of David Moody to the Substance Abuse Advisory Board. 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.wauslcouncil. 128 JAN, 11. 2008 11:12AM FA[RHAVEN REALTY N0. 7152 P. 2 PETE KREMEN County Fxecutive �GoM CO` �A46% N6S0'Z' COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. ward Nelson Cori Weimer APPLICATION FOR APPOINTMENT TO WIIATCOM COUNTY BOARDS AND COMMISSIONS Q Name of board or committee -please see reverse: -�ve Which position on thi$ board are you applying for (if applicable)? dj=:iz � Which Council district do you reside in? ( One ( ) Two ( ) Three Are you a US citizen? ( 4"y"es ( ) no Are you a registered voter? ( yes ( ) no Name: D, Date: Street Address; ff D o City:��i�r4� �sy r L✓ /r� Zip Code: �822 15� Mailing Address (if different from street address): l�l/ /4` �,�QP l��.s-��•�-t k�f� Day Telephone: S016 r7S%/73S Evening Telephone: 3610— o!�7/-t/566<,' Fax Number: E-mail address: AVI/doepraCa(raV - Co,t.f Occupation (If retired, please indicate former occupation): 2�P/Toh Professional/Community Activities: 7- Education: 65 Qualifications related to position: Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an empl ee or officer of any business or agency that does business with Whatcom County? ( ) yes (r If yes, please explain: mces (please include na a and da !me telephone number): _ ,(,Please Gow:� 9I/rv�rtQ/,O L / d7c-�7t7 Signature of applican As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 129 WHATCOM COUNTY Health Department January 18, 2008 Regina A. Delahunt Director Greg Stern, M.D. Health Officer FEB 2 0 2008 TO: Pete Kremen, County Executive PETE KREMEN COUNTY EXECUTIVE FROM: Jackie Mitchell, Program Specialist, Substance Abuse RE: Nomination for Initial Appointment to the Substance Abuse Advisory Board I am pleased to forward the recommendation of the Substance Abuse Advisory Board (SAAB) for initial appointment of David Moody as a member. The Substance Abuse Advisory Board voted at the February 6, 2008 Advisory Board meeting to recommend appointment of David Moody to the SAAB David brings with him many years of fair and dedicated experience in working with substance abuse issues and it is the opinion of the SAAB members that David Moody will be a valuable addition. Thank you, Pete, for considering this nomination for appointment. Encl:.1` I:\HS\CD TREATMENT\BOARD\Correspondence\1.28.08 Nomination David Moody.doc ENVIRONMENTAL North State Street HUMAN SERVICES Bellingham, WAt98225-4005 PUBLIC HEALTH CCOL LAICAL SERVICES BelNITY HEALTHlll gham, WA 98225-4551 ADMINISTRATION (360) 676-6724 ALWAYS WORKING FOR A SAFER AND DISEASE RESPONSE (360) 676-4593 130 FAX (360) 676-7646 HEALTHIER WASHINGTON FAX (360) 676-6729 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-125 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: SM 02/20/08 March 11, 2008 council Originator: D Division Head: MAR 0 4 2008 De L Head: Prosecutor: WArVCOUNTY TY Purchasin /Bud et: COUNCIL Executive: 3 � TITLE OF DOCUMENT. Appointment to the Whatcom County Parks & Recreation Commission ATTACHMENTS: Application for appointment from Candace Johnson 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.) County Executive Pete Kremen requests confirmation of his appointment of Candace Johnson to fill the District I position on the Parks and Recreation Commission. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www co. whatcom. wa. us/council, 131 PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Dan McShane L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee. please see reverse: K..r s 4 �w c5h ' Gft-rK _..__..._.___...... .... ...... _.._.._._._.._..__..___...____,.._--_ --- Which position on this board are you applying for (if applicable)? Which Council district do you reside in? .A One Are you a US citizen? >4yes ( ) no j Name:-(1,94-'Aac"_ Street Address: City: Mailing Address (if different from street address): ( ) Two ( ) Three Are you a registered voter? ( ) yes ( ) no Date: A2-z-1og, Zip Code: G]gZZ Day Telephone: ?W — 9_1511F,24cs . Evening Telephone: _3(oO 2-01-3 3) rax Number: 3;W 85"�pf� E-mail address: ca,r acy- - loyinson(&, r. v�1��V Occupation (If retired, please indicate former occupation): Professional/Community Activities: L&)A"�p W�covK 2006-07; Career Ecer__w/ Sin{ o of D - lf ' r an1ZP_4 {aa Wesfsl er cr)acl-, S^473 Youth cep Education free- �oreS U o Ma room 9F-Co ,' C_Lvk }=�rl`Sc l �-y 7-"j* Tree- - 1F6 res+ / L)si"Azs5 Qualifications related to position: -5�r6�'Q �q Vyj WI MSovrres 4 .fCS00YC-_ ma"aye4��' /Commoy.IC.' _6esf � lam � bdsae, 6 � � 1 e,�Joraft vC �.G65h nM'r�c�c` j � i i Describe why you are Interested in serving on this board or commission: Persona (L., 4- pft4i Wfo'na[iy� ma's is an arc& 16vc Pony beevj m4erfs4!4 4cidi ve i✓i • I�- 04- s .e�iorn,(wz ... � . business or agency that does busin If yes, please explain: _ oivtw v v� a w � •• %1-4-1v . nber): umn ov i v d References (please include name and daytime tele one 360 Signature of applicant - 2905- ' W s 1W1 As a candidate to a public board `o` -commission, the above information will be available to the County Council, County Executive, and the public. r kc S doee ouvo-kd (`� . ,� 4 rm I o uts icy. of W o r 1` i1 rv�e rh t c h 1 tcc / o are_ no w ukh 01 t kj j-5 d.nog 1 4av2�"tspt�4 0 r e iSvl.►ll�2re _ l f �s �-►w.�. oc- / to give back 10 `1 9 132 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-126 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 313108 FRI E C E n� n E D �`� v MAP 0 4 2008 Op `NTV �9 @V @ BC'V�'IJOI N C I L U i f HATCCM COUNTY 311112008 Council Division Head: Dept Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appointment to the Public Health Advisory Board ATTACHMENTS: Application for Appointment SEPA review required? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his appointment of Jayne Jurado to the Whatcom County Public Health Advisory Board. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www. co.whatcom.wa.us/council. 133 GL/ L// GGGb lam: Gb JbG 100 11G! ritLMr_V NUN 15 r f_i t V llU U Z PETE KREMEN County Execullve yif G ��ryrJNp'.S' COUNCILMEMBERS: Barbara E..Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly L, Ward Nelson Carl Weimer /APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS .Name of board or comm ittee-picase see reverse: Tdr Which position on this board are you applying for (if applicable)? —r- Which Council district do you reside in? ( ) One ( ) Two Three Are you a US citizen? Xyes ( ) no Are you a registered voter? t rcyes ( ) no Name: Street Address: am�W ARF Mailing Address .(if different from street address): �� I► tea, 4 i Zip Code: Day Telephone: CA 4 l�I Evening Telephone: Fax Number: i "Z�i'=�/C�� E-mail address: Occupation (If retired, please indicate former occupation): r� Professional/Community Activities: VI,j,xr3.p YY r` Q i%4, .�rti� Education: Qualifications related to position: YL c f.YS p r Describe why you are interested in serving on this board or commission:a . y_r- S l ud iA D&w- ay\. "ivQ_ eo1k_*k(\' a4n"," -6 Do you or you ouse have a financial interes6d or are you an employee or officG Any business or agency that does business -with Whatcom County? ( ) yes e If yes, please explain: References (please include name and daytime telephone number): Yk `l Signature of applicant: As a• candidate to a public bqarcoffhnLsNon, the above information w111 be available to the County touncill, County Executive, and the public. 134 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 -- 1 28 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 3/4/2008 3/11/2008 Council Division Head. De t. Head: Prosecutor: Purchasin /Bud el: Eseculive: TITLE OF DOCUMENT. Appointment to Utilities Planning Committee - District 2, Applicant: Sean Wilson A TTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public 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) Appointment to fill vacancy on Untilities Planning and Advisory Committee. District 2 position. This is for a two year term. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www. co. whatcom. wa. us/council. 135 cjj6 a��g- /aF PETE KREMEN COUNCILMEMBERS: County Executive '�CO IF C no Barbara E. Brenner A Laurie Caskey-Schreiber Sam Crawford FEB 2008 Seth M. Fleetwood Robert Kelly 1�Iu nT�+ n,� �1� I ti� L. Ward Nelson �11��1A C OM COUNTI Carl Weimer COUNCIL. APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: u41 lAies Pjar%n:Aa CMm1*0ze Which position on this board are you applying for (if applicable)? b. .2jr:1C+ Which Council district do you reside in? ( ) One ()io Two ( ) Three Are you a US citizen? (>9 yes ( ) no Are you a registered voter? ()o yes ( ) no Name: Sean _ W Ij.5ar1 Date: a? —am —OS Street Address: (,ff2 SA rR!RLL�P VA l l eV DR , City: H —ApI& 1]5 Zip Code: Sr 7_t e. Mailing Address (if different from street address): 5AMe Day Telephone: 3LO 'ac�1 t S 1 q Evening Telephone: q%4 Cj Fax Number: K3 / A E-mail address: C;4:ZenS un C e Ao1 . Cc�,M Occupation (If retired, please indicate former occupation): Sance4y C ad •� -�id►� Professional/Community Activities: &c+6.115_41�-Pa,6 ar&,a 11S i I 11/ vRi/leV Education: i'DlYim0171/7 Qualifications related to position: _ T `iaUe A bac,L�a!oyn�/ ire ens �onrrtenf-d l 0 Aj 56Fe he anj e x �r'c�1 ce 4.s.' Dijbir-X eS5 arid Corn&; &�p 66 � Describe why you are interested in serving on this board or commission: 7 am llnfi��d ►71 66'e- serv,'Ce anj Nea 4k SQ ee' +V - am aC+;Vre1V JAvoluQ2j In eamewn;+y 12/3nn, A C 1 SSue5 1 r\ ID 5+r i c4-- 2 arW be-Leye T can 6r'nq value -6 -lhe 4earv7 Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes C,) no If yes, please explain: WA te5, r,+ 7WF _ Bw- References (please include name and daytime telephone number): C2rn j�ac C)6n / c'�.r,.n: ss a.? er kvcAvD 0/9 / !'oMMrSS► •e n e r WiCW o ) 3 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. I0 'd Mt LV 9 09E ROO N0I1HOSOV Wd OV 20 nH1 9OH-H-Ed136 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 111 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Caskey-Sc 3/3/2008 3/11/2008 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Res. Supporting Implementation of the N. Cascades Grizzly Bear Recovery Plan 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.) Resolution supporting Implementation of the North Cascades Grizzly Bear Recovery Plan COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co. whatcom. wa. us/council. 137 PROPOSED BY: Caskev-Schrieber SPONSORED BY: Consent INTRODUCTION DATE: March 11, 2008 RESOLUTION NO. SUPPORTING IMPLEMENTATION OF THE NORTH CASCADES GRIZZLY BEAR RECOVERY PLAN WHEREAS, Whatcom County's wildlife and wild places are a core part of life in this beautiful county; and WHEREAS, the Whatcom County Comprehensive Plan encourages actions which "protect and enhance natural systems which provide economic, ecological, aesthetic, and cultural benefit (Goal 11H), and "protect and enhance natural systems that support... wildlife populations and habitat" (Goal 113);and WHEREAS, there are many ecological, economic, and spiritual benefits to conserving and recovering grizzly bears and other native wildlife as an integral part of our county's natural heritage, quality of life and identity; and WHEREAS, Chapter 2 of the Whatcom County Comprehensive Plan states that "maintaining healthy fish and wildlife populations is a vital goal in maintaining the quality of life in Whatcom County"; and WHEREAS, grizzly bears are an "umbrella species" the conservation of which will benefit dozens of other plants and animals; and WHEREAS, the Washington State Department of Fish and Wildlife estimates that over $1.7 billion is spent annually in the US on wildlife watching activities, supporting more than 21,000 jobs; and WHEREAS, the people of Whatcom County take great pride in their county's internationally significant wildlife legacy; and WHEREAS, the United States Fish and Wildlife Service has identified the North Cascades as one of only six grizzly bear recovery zones in the lower 48 states and the only grizzly bear recovery zone outside of the Rocky Mountains; and WHEREAS, the US Fish and Wildlife Service estimates there are less than 20 bears left in the North Cascades - a number too low to be self-sustaining; and WHEREAS, the federal government is mandated under the Endangered Species Act to protect and recover endangered wildlife populations; and WHEREAS, the federal North Cascades Grizzly Bear Recovery Plan has been in place for a decade but has not been fully implemented, and WHEREAS, the State of Washington and other public and private entities have appropriated funds for a public process under federal law to implement recovery planning. 138 NOW THEREFORE BE IT RESOLVED that the Whatcom County Council urges the United States Congress to appropriate necessary funding through the 2009 federal appropriations process and urges the U.S. Fish and Wildlife Service to immediately implement the North Cascades Grizzly Bear Recovery Plan including all necessary actions identified by their biologists to recover this highly endangered grizzly bear population. APPROVED this day of , 2008. WHATCOM COUNTY COUNCIL ATTEST: WHATCOMCOUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Carl Weimer, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 139