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HomeMy WebLinkAboutPacket May 6 2008WHATCOM COUNTY COUNCIL AGENDA BILL NO. Zoos —188 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Weimer 4/28/2008 5/6/2008 Natural Resource Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion of build out potential in the Lake Whatcom Watershed ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate Be clear in explaining the intent of the action.) Discussion of build out potential in the Lake Whatcom Watershed 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. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-181 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: C. Anderson xe(, 9&L �4 le%�.7 ` D 4122108 Introduction Division Head: 516108 NR/Council ,� K. Christensen APR 15 2008 �VHATCOM COUNTY COUNCIL F. Abart Head: �d off' Prosecutor: K. Frakes � G Purchasing/Budget: B. Bennett Executive: P. Kremen TITLE OF DOCUMENT. Resolution for Approval of the Lake Whatcom Comprehensive Stormwater Plan ATTACHMENTS: Resolution and memo SEPA review required? ( X )Fes ( ) NO Should Clerk schedule a hearing? ( )Fes ( X ) NO SEPA review completed? ( X )Fes ( ) 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.) In October 2006, the Whatcom County Council approved a scope of work that resulted in the development of a Comprehensive Stormwater Plan for the Lake Whatcom Watershed. After a series ofpublic meetings, surface water work sessions, an extensive public comment period, and a SEPA review process, the plan is now complete and ready for review and approval. It includes programmatic solutions, a prioritized capital improvement plan, options for financing, and examines regulatory requirements, existing land use practices and standards, and non-structural controls. COMMITTEE ACTION.• COUNCIL ACTION. 4/22/2008: 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 STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.comhatcomma.us RECEIVED APR 1 1 2008 TO: The Honorable Pete Kremen, Whatcom County Executive, and PETE KREMEN Honorable Members of the Whatcom County Council COUNTY EXECUTIVE THROUGH: Frank M. Abart, Public Works Directorl(d j6q FROM: Kirk N. Christensen, P.E., Stormwater Manager RE: Resolution for Approval of the Lake Whatcom Comprehensive Stormwater Plan DATE: April 11, 2008 Please find attached a proposed resolution for approval of the Final Lake Whatcom Comprehensive Stormwater Plan. Requested Action: We request that the Whatcom County Council approve the proposed resolution at the May 6, 2008, Whatcom County Council Meeting. Background: In October 2006 the Whatcom County Council approved a scope of work that resulted in the development of a Comprehensive Stormwater Plan for the Lake Whatcom Watershed. The plan has gone through a series of three public meetings, Council Surface Water Work Sessions, an extensive public comment period, and a SEPA review process. The plan is now complete. The plan includes an array of programmatic solutions, a prioritized capital improvement plan with specific projects, and proposed options for financing the plan. The plan also examines regulatory requirements, existing land use practices and standards, and non-structural controls. Please contact Chip Anderson at extension 50694 if you have any questions regarding the plan or the resolution. Attachments C-\DOCUME-1\ADMINI-1\LOCALS-1\Temp\XPgrpwise\08 LWSWMF_memo_thmFranktoCouncil.doc 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 50 51 52 53 54 55 56 57 INTRODUCED BY PROPOSED BY: Public Works Department DATE: May 6, 2008 RESOLUTION NO. 2008- APPROVING THE NOVEMBER 2007 LAKE WHATCOM COMPREHENSIVE STORMWATER PLAN WHEREAS, In August 2006 the Whatcom County Council passed a resolution supporting the creation of a comprehensive stormwater management plan for the Lake Whatcom watershed; and WHEREAS, the resolution required the plan to solve many of the current stormwater management problems and address the requirements of the Western Washington NPDES Phase II Permit; and WHEREAS, several public activities were held, including public workshops and presentations to and discussions with the Sudden Valley Community Association Board of Directors and staff and the Lake Whatcom Water and Sewer District Board of Commissioners and staff; and WHEREAS, the plan identifies recommendations for programmatic solutions, capital improvements, timelines and funding options; and WHEREAS, the plan identifies recommendations for development proposals; and WHEREAS, pursuant to WAC 197-11-660, Whatcom County may adopt plans as SEPA policies for substantive authority and determining appropriate mitigation measures for development impacts. NOW THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby: 1. Adopts the recommendations for implementation of the final version of the Lake Whatcom Comprehensive Stormwater Plan. 2. Adopts the plan as an agency SEPA policy under the State Environmental Policy Act. APPROVED this 6tn day of May , 2008. ATTEST: Dana Brown -Davis Clerk of the Council APPROVED AS TO FORM: JL Civil Deputy Pros uting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer Council Chair Lake Whatcom Comprehensive Stormwater Plan FINAL On file in Council Office 5 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-191 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Nat. Resources Samya Lutz: April 9, 2008 Illl ' F C H E D Comm/Council Division Head: q� 0g Linda Peterson V 41i p P'� 29 2008 �INHATV�IVI COUNTY i Y Dept. Head. David Stalheim �..I� '/ �o D Prosecutor: Royce Buckingham Purchasing/Budget: COUNCIL Executive: Pete Kremen; Dewey Desler TITLE OF DOCUMENT: Resolution authorizing Whatcom County's application for funding assistance for the proposed RCO (WWRP-FPP) Farmland Preservation Project ATTACHMENTS: Resolution, Memo to County Executive and Council SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Authorization and approval of the RCO Authorizing Resolution under WCC 3.25A — Purchase of Agricultural Development Rights Program. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. 101 �GOM CO WHATCOM COUNTY aP `ti David Stalheim Planning &Development Services 3 ? Director 5280 Northwest Drive, Bellingham; WA 98226-9097 cL J.E. "Sam" Ryan 360-676-6907, TTY 800-833-6384 1SHING10 Assistant Director 360-738-2525 Fax Cis MEMORANDUM APR '1008 PETE KREMEN TO: Whatcom County Council COUNTY EXECUTIVE Pete Kremen, Whatcom County Executive THROUGH: David Stalheim, Director l)S . t�m Planning and Development Services FROM: Linda J. Peterson, AICP, Planning Division Manage Samya Lutz, Planners-5. DATE: April 11, 2008 SUBJECT: Recreation Conservation Office (RCO) Funding Resolution for Purchase of Development Rights Planning staff request authorization to submit an application for grant funding to the RCO, Washington Wildlife and Recreation Program -Farmland Preservation Program, in the form of the attached resolution. Two PDR application properties will form the basis of the RCO (WWRP-FPP) proposed project. The subject properties are the Sorensen and Perry farms. Both farms are upland parcels with a combined total of about 231 acres. If approved, RCO (WWRP-FPP) funding will provide a 50/50 match for the purchase of development rights on the aforementioned farm properties. USDA Farm and Ranch Land Protection Program funds are not open to us for new application this year, and the current funding contract ends on September 1, 2008. If new USDA funds are available to us in 2009, they may be used in lieu of local funds to match state RCO funds. The RCO grant proposal seeks to use Conservation Futures an.d/or USDA funding (if available) as match for the RCO contribution. The timing for RCO funding does not allow adequate time for formal appraisals to be conducted; as a consequence the requested amounts are based on estimated values. It is anticipated that these 7 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: RESOLUTION # AUTHORIZING WHATCOM COUNTY'S APPLICATION FOR FUNDING ASSISTANCE FOR A WASHINGTON WILDLIFE AND RECREATION PROGRAM (WWRP) PROJECT TO THE RECREATION AND CONSERVATION OFFICE (RCO) AS PROVIDED IN CHAPTER 79A.15 RCW, ACQUISITION OF HABITAT CONSERVATION AND OUTDOOR RECREATION LANDS. WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and WHEREAS, our organization has approved a comprehensive plan that includes this project area (farmland preservation); and WHEREAS, under the provisions of WWRP, state funding assistance is requested to aid in financing the cost of land acquisition and preservation of farmland; and WHEREAS, our organization considers it in the best public interest to complete the acquisition project described in the application; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that: 1. The County Executive be authorized to make formal application to the Recreation and Conservation Office for funding assistance; 2. Any fund assistance received be used for implementation of the project referenced above; 3. Our agency hereby certifies that its share of project funding is committed and will be derived from local Conservation Futures Funds and/or USDA Farm and Ranchlands Protection Program Funds; 4. We acknowledge that any property acquired or facility developed with financial aid from the Recreation and Conservation Funding Board (RCFB) must be placed in use for the funded purpose and be retained in such use in perpetuity unless otherwise provided and agreed to by our organization and RCFB; 5. This resolution becomes part of a formal application to the Recreation and Conservation Office; and 6. We provided appropriate opportunity for public comment on this application. IA\2 Planning Division\] PDR Program\State RCO-FPP\08 Application\Authorizing Resolution 2008.doc 8 APPROVED this day of , 2008 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk Carl Weimer, Chairperson APPROVED as to form: Civil ep ` rosecutor 1:\2 Planning Division\1 PDR Program\State RCO-FPP\08 Application\Authorizing Resolution 2008.doc 9 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-178 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: E. Stroebel 4122108 Finance/Council Originator: 1-5� EC E 0 K. Christensen �� ttl 0 V�/% Division Head: APR 15 2008 F. Abart De t. Head: !l K. Frakes Prosecutor: I I WHATCOM COUNTY M. Caldwell Purchasin /Bud et: MD 419108 COUNCIL P. Kremen Executive: 7 / V d TITLE OF DO ME ` . Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring Contract ATTACHMENTS: 1. Memorandum Z Contract Information Sheet 3. Contract SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Previous monitoring indicates Kamm, Fishtrap, and Scott subwatersheds in the Nooksack Basin are characterized by elevated levels of fecal coliform bacteria in surface waters. This contract provides for design and implementation of a fecal coliform bacteria monitoring plan in the tributaries draining into Portage Bay and will help refine characterization of these bacteria "hotspots " by conducting a one year intensive sampling program. COMMITTEE ACTION. CO UNCIL ACTION: 4/22/2008: Forwarded to Council for approval 4/22/2008: Held in committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. 10 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director TO: THROUGH: FROM: RE: DATE: MEMORANDUM The Honorable Pete Kremen, County Executive, and The Honorable Members of the Whatcom County Council Frank M. Abart, Public Works Director fi�jt tog Kirk N. Christensen, P.E., Stormwater Manager �W�- STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www.whatcomcounty.us IV APR 112008 PETE KREWIEN COUNTY EXECUTIVE Contract between Whatcom County and Herrera Environmental Consultants for Portage Bay Shellfish Protection District Water Quality Monitoring April 9, 2008 Enclosed for your review and signature are two (2) originals of the contract between Whatcom County and Herrera Environmental Consultants (Herrera) for Portage Bay Shellfish Protection District Water Quality Monitoring. ■ Background and Purpose The Portage Bay Shellfish Protection District was established in 1998 due to poor water quality in Portage Bay and a downgrade of the shellfish growing areas. In 2006, the remaining restricted areas of the bay were upgraded to an "Approved" status. However, several subwatersheds within the district continue to exceed water quality standards for fecal coliform bacteria and threaten the status of the shellfish area. Herrera will assist with a one-year, intensive water quality monitoring project in three priority watersheds (Kamm, Scott, and Fishtrap). This includes preparing and implementing a monitoring plan, analyzing data and preparing a final project report. Herrera is a party on the 2007 and 2008 RFQ Professional Services Rosters and was chosen as part of a competitive selection process. ■ Funding Amount and Source Total project cost is $57,925 and is funded through the 2008 Water Resources Fund (117900) which includes a reappropriation of funds from the 2007 Water Resources budget. Please contact Erika Stroebel at extension 50692, if you have any questions or concerns regarding the terms of this agreement. Attachments 11 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 900, 067 Originating Department: Public Works - Stormwater Contract Administrator: Erika Stroebel, Senior Planner Contractor's /Agency Name: I Herrera Environmental Consultants Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contractgrantfunded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000, or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_57, 925 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services Previous monitoring indicates Kamm, Fishtrap, and Scott subwatersheds in the Nooksack Basin are characterized by elevated levels offecal coliform bacteria in surface waters. This contract provides for design and implementation of a fecal coliform bacteria monitoring plan in the tributaries draining into Portage Bay and will help refine characterization of these bacteria "hotspots" by conducting a one year intensive sampling program. Term of Contract: Expiration Date: 813112009 Contract Routine Steps & Siknoff Isi--n or initiall [indicate date transmitted 1. Prepared by: Remy Stratton Date_4/9108 [electronic] 2. Attorney reviewed: ` J i �� Date "I ---1 i -v SC [electronic] 3. AS Finance reviewed: Caldwell Date 4/9/08__Ljelectronic] 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 ,r Date I/- ((- o8 [summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page this form may need to expand to more than one page 12 COUNTY 0R1uaNrf'L- Whatcom County Contract No. QUO FO�007 CONTRACT FOR SERVICES AGREEMENT Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring Herrera Environmental Consultants , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 8 , Exhibit A (Scope of Work), pp. 9 to 12 Exhibit B (Compensation), pp. 13 to 13 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 23rd day of April -20 08 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 st day of August 20 09 . The general purpose or objective of this Agreement is to: Design and implement a fecal coliform bacteria monitoring plan in the tributaries draining into Portage Bay and conduct a one year sampling program , as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 57,925 The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this 10 day of 62Ki 1 20 08 CONTRACTOR: Herrera Environmental Consultants Carlos Herrera, President STATE OF WASHINGTON ) ss. COUNTY OF ) On this k day of 20ARbefore me personally appear d Carlos�l�e!`FM t'4o m known to be 46,r� resident of Herrera Environmental Consultants and wh executed the above instrument and who acMowledgad,(o n p the act of signing and sealing thereof. A BCIC in and for the State of Washinglon residing at —.My commission expires 1. l Z Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 1 13 WHATCOM COUNTY: Recommended for Approval: rank M. Abart Date Public Works Director Approved as to form::: Karen Frakes ate T Senior Civil Deputy ecuting Attorney Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Herrera Environmental Consultants Carlos Herrera, President Address: 2200 Sixth Avenue, Suite 1100 Seattle, WA 98121 Contact Name: Miranda Erickson Contact Phone: (206) 441-9080 Contact FAX: (206) 441-9108 Contact Email: medckson0herrerainc.com Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 2 14 M4:1�XVtOOP171111W11K Series 30.39: Provisions Related to Administration of Agreement 0.1 Scope of Services; The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written . notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon 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 thecontract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based .upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 3 15 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages,. provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify, and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments; -setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm, or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 4 16 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. 31.1 Ownership of Items Produced: When the Contractor creates any copyrightable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Contractor will defend and indemnify the County from any claimed action, cause, or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the. information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents, or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 5 17 Likewise, COUNTY agrees to indemnify, defend, and hold harmless the CONTRACTOR from any and all claims, liabilities, obligations, governmental penalties, fines, and causes of action of whatsoever nature, including injury to or death of any person or damage to or destruction of any property resulting from negligent acts or omissions or willful misconduct of COUNTY, COUNTY's employees, affiliated corporations, or officers including court costs and attorney's fees, excluding only those caused by the sole negligence of CONTRACTOR. If the negligence or willful misconduct of both the COUNTY and CONTRACTOR (or a person identified above for whom each is liable) is a cause of such damage or injury, the loss, cost, or expense shall be shared between the COUNTY and CONTRACTOR in proportion to their relative degrees of negligence or willful misconduct. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions, and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict With the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county, or municipal standards for licensing, certification, and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 6 Jon Hutchings, Ph.D., Assistant Director Whatcom County Public Works 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 Phone: (360) 676-6692 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40.49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either parry may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing, and signed by both of the parties. 40.2 Contractor Commitments. Warranties. and Representations: NOT APPLICABLE 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified, or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly. taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be,final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 7 19 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions, or understandings between the parties. Contract for Services Agreement 042308 Portage Bay SPD FC Monitoring Page 8 20 EXHIBIT "A" SCOPE OF WORK Portage Bay Shellfish Protection District Fecal Colifo:rin Bacteria Monitoring On March 5, 20:08., Whatcom County Public Works authorized Herrera Environmental Consultants .(Herrera):.to prepare. a. scope of work.and :cost estimate to design and implement.a fecal :coliform bacteria monitoring plan _in the .tributaries draining .into Portage Bay. Water quality .monitoring has been.conducted throughout the Portage. Bay Shellfish Protection. District since 1998. Previous monitoring :has :indicated that three .subwatersheds in the Nooksack basin — Kamm; Fishtrap, .and Scott — arecharacterized: by elevated levels of fecal coliform bacteria in surface waters. Whatcom County (County) would .like to further refine:the characterization :of bacteria "hotspots" within these basins by.conducting a one,year intensive sampling;pro.gram. To implement this project,.Herrera will review existing .monitoring programs and data for . assessing bacteria containination in Kamm, F shtrap, and Scott watersheds. In consultation with the County,' Herrera will then develop a:quality assurance project plan (QAPP) for:monitoring related to this .project that will compliment theseexistinginonitoring programs. .Once:the QAPP is approved by the County, Herrera will.then conduct the monitoring program. and summarize the results in:a final project report at. the :end of the one year monitoring:program. This scope of work includes a discussion of the activities, assumptions,. deliverables, and..a schedule: associated .with this:project: ■ Task 1.0 — Quality :Assurance :Project Plan Preparation ■ Task 2.0 — Monitoring :Program Implementation ■ Task. 3.0 — Reporting ■ Task 4 0 — Project.Management/Contract. Administration. Task 1,0 -- Quality Assurance Project Plan Preparation Herrera will attend -a kick-off meeting iwith the :County prior to drafting the QAPP to define the specific goals and objectives of the monitoring program and discuss the basic elements of the experimental design that will .be.:required to address these goals and:objectives. Specific topics that will be covered. will include: ■ Definition of goals:and. objectives ■ Sampling and flow, measurement methodology ■ Number and location of primary :sites and: alternate: sites Event. -based data.s ibm'iss on :procedures. Subsequent to :the kick-off meeting,: Herrera will develop a formal QAPP:for the:project. This QAPP will be prepared in accordance with Ecology's .Guldelines.for Preparing Quality Assurance Project Plans for Environmental Studies. The QAPP will incorporate theproject:goals.arid objectives that were defined in the kick=.off meeting..Specifically, I'll N.,�.omlav April8, 2008 1 Herrera. Environmental Consultants Contract for Services Agreement [042308 Portage Bay SPD FC Monitoring v 1..0 Page 9 21' EXHIBIT "A"(continued) SCOPE OF WORK the QAPP will .include detailed: information of the water quality monitoring approach and laboratory: protocols, including types of data and samples to be collected, sampling location, sampling frequency, sampling procedures, analytical methods, quality control. procedures, data handling protocols,. and ..data assessment procedures. Any:discussion of the monitoring approach will include an explanation of how the project will ;yield sufficient. information :to :achieve the purpose and .intent of the monitoring. A discussion of data accuracy and: statistical requirements will also:be included. The QAPP will be submitted to the County for review, comment, and approval :.prior to commencing any :monitoring. activities. Assumptions ® Two Herrera:representatives will attend a kick=.off meeting::in Whatcom County. ® Whatcom County will conduct all site reconnaissance and bring a list of potential monitoring.:sites to the kick=off meeting. The final:site selection will :be made after discussing the goals, objectives, and monitoring approaches. The County will provide consolidated comments:on the draft: QAPP within 3 weeks of their submittal. Deliverables ® Herrera will subm it an .electronic (PDF and MS Word). copy'of'the draft QAPP to the : County by May 15, 2008.. ® Herrera will. submit 3:hard .copies. and an electronic copy (PDF) of the final QAPP to the County by June 2, 2008. Task 2.0 - Monitoring Program Implementation Herrera will implement the monitoring program over a 12-monthperiod begin..ning on June '.1, 2..008 and :ending on May 31, 2009.. This monitoring will be performed in accordance with sampling methodologies and quality assurance :procedures to be identified in the QAPP that is :referenced under Task .1.0.Because specific details of the monitoring program will. not :be available until the kick-off meeting is: held, someassumptions were made with regard to :the number of sampling stations and frequency of sampling in order to.develop a. cost estimate for this scope of work. Specifically, it was assumed that samplin9 will occur:attwenty. separate locations for this. monitoring program and that flow monitoring at each. location would not take more than. 15 minutes, on.average. At:eadh location,:one gra:sample willbe collected on a monthly basis. Eachcollected sample will :be analyzed .for fecal coliform .bacteria. Instantaneous. flow.measurements will. be made.immediately following.sample collection at each monitoring station. ue ,.-Re bov,mw0J0ZGY April 8, 2008 2 Herrera Environmental Consultants Contract for Services Agreement [042308 Portage Bay .S.PD:FC Monitoring v 1.0 Page 10 22 EXHIBIT"A".(continued) SCOPE OF WORK All required analytical procedures will :be performed .by an Ecology accredited laboratory. The laboratory will provide sample and quality:control data :in standardized reports that are suitable for evaluating :the project :data. Herrera will submit these reports to:the County within .12.hours :of their receipt from the laboratory.. A data validation memorandum will be prepared. at the .end of the monitoring. year.(and included with .the final report) that summarizes all quality control results, identifies when data quality objectives were not met, and discusses the: resulting limitations, if any, on the<use or interpretation .of the data. Laboratory data will be entered: into a spreadsheet for allsubsequent :data :management and archiving tasks. Herrera's quality assurance officer wiltperform an independent review of all data entry to :ensure individual sample values were entered without .error. Assumptions • Each. monthly sampling event will require 16-hours .to complete, including travel, mobilization, and:demobilization..time. • Each monthly sampling event will be performed by 2 Herrera staff working either in conjunction or independent of one another (depending upon time constraints). • Samplinglocations will be located on public land or right-of-way and .in close proximity to one another whenever possible. ® Sampling willbe conducted on a Monday, Tuesday, or Wednesday so that laboratory results can be obtained the same week. Deliverables Herrera will submit laboratory reports from each monthly sampling event to the :County within 12 hours of -their receipt from the laboratory. Sarriples that..exceed 406 cfu/ 100mL will :be .re:ported to the County within two days of sample collection. Task. 3.0 — Reporting Upon completion of the monitoring activities identified in Task:20, Herrera will prepare a final. monitoring report for the: project. This .report will. identify the specific;goals of the. monitoring program and then :describe the monitoring procedures that were.:implemented to .achieve .those goals. -It will then present.andevaluate the results from the.monitoring :program using supporting graphical:and/or tabular representations of the data -as -necessary. Results from statistical analyses that are performed on the data will also be presented and discussed in detail.. Finally, major .conclusions :from the monitoring.program will :be presented at the end of the report. Appendices to thereport will include tabular compilations of altraw monitoring data, field data mmve dyv"'r aoaar April 8, 20.0.8 3 Hermra Environmental Consultants Contract for 5.ervices Agreement .[042308 Portage Bay SPD FC Monitoring v 1.0 Page 11 23 EXHIBIT "A" (continued) SCOPE OF WORK sheets, laboratory:analytical reports,, chain of custody documentation,.and.the data validation memorandum. This report will be submitted to the County for review, comment; and .approval. Once the final monitoring report has been approved by the County, Herrera will make all the project.data available to theCounty in an electronic format that:is compatible with the County's GIS. Herrera will also forward all project:data.to the County in an .electronic format that conforms to the submittal requirements for Ecology's Environmental Information Management .(EIM) system. Assumptions ° The:County will provide consolidated written comment on the draft versions of the project:report within three weeks of their submittal. ° Raw data will be submitted in Excel file format. Deliverables ° Herrera Will subinit an electronic copy (PDF and MS Word.).ofthe draft project report to the County by June 30, 2009 .for review and comment. ° Herrera will submit four hard :copies and.an electronic .copy (PDF) of the final project re.portto.the County .by July 31, 2009. ° Herrera will submit alt project datato the County in electronic formats that .are compatible with the Couunty's GIS and Ecology's EIM system by August 3,.2009. 'ask 4.0 — Project Management/Contract Administration Herrera will be responsiblefor ongoing contract administration :of'this .project,..including preparing invoices and progress reports, as wellas coordination ofwork:.efforts with the designated :clientpoint of contact .(Erika Stroebel). Herrera's project manager and contract manager will have phone and e-mail contact with the County on an. as -needed basis. Deliverables Progress reports and invoices. :nre rom�l ,m.nan�ax April 0, 2008 4 Herrera Environmental Consultants Contract for: Services Agreement [042308 Portage Bay SPD FC Monitoring v 1.0 Page '12 24 m a a o � m � � c d n u m � r U � d rn �z i � � m m V N 225 E m m $ � � a a n 9 L t E_ m E rn N o m E 4mi m � � o m o m 4 m e e m¢ rnm c E L) lO u I m n w o :G y OI N 6 8 V a = Y1 m m E LL eo m Za= 43 4 m Z a � ��ay± ,t Q m VLU S 0 Q o ? n a �{ Z Wa m g > 'ljLl L wm O U n 1°<�E„c' t c 'Ln m fR `m e9N= U E N N 60 r o °a _=XEm pl @M am m v_9 mE U 123 —.2-0 $ g a m a S m �d� s �m =m c m m =E � d 9'P3v'8 N m $SRs"'g 00'm FF,rFh O±-_ 10 1N H N l] v l t( 1!Y U 9a v] U 8 N 's Id7 � n� Rf Ci r N' 0� n n p M tll w �� M Id yR n 'N S tll 4tl M 41 Yl mpO L S T tee^ c ��° Easaaaaaaa JAI 1 9s a A a 4 Y V. OGGG mammd w' oo mr E yNNelao x •+{»v e� 10a a Go '�a Two a�a uyii .� M o�E U ai a'mtl a.—m RR, c� UN `� o U ao da z w aqoq U❑ a a•+ 4,1 IE y a N a a vao oa nn F3 42 �+Y U wram av�inmm �»nnsic � w o '"a Ua a '¢ CJ oa oC +9 x.a Ud YW R y Gab YrIN d is a i a oa 2 a O ' i�i �J Om�eM NnaM � Vd � Oa �a py iM �m�m�n .5 m mm aim mai� rycl 63 o ci �i 87 a cU 61 ?E D i ki ma "' .2 E t9 � w 8 A �,�w�io�ggCaa Q � O 41 tIUr mSfR W �J RUU Na N n° Cl) rn c O C O N CD LL 20 Qa U) >, V M Zm °a° U ap O C N O Uo 25 EXHIBIT C I.Renlrl:: itrta 17CKRCrlVI ACORD. CERTIFICATE OF LIABILITY INSURANCE 100 8°°""Y" PRODUCED THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Bratrud Middleton Insurance Brokers, Inc: Tac General ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1201 Pacific Ave, Suite 1000 Tacoma, WA 98402 INSURERS AFFORDING COVERAGE NAIC # INSURED wsuRERA: AMERICAN INTERNATIONAL SPECIALI LI Herrera Envlronmental ...... - ConsLilfarits Inc ........... _.......... ...... ... 2200 6th Avenue #1100 Seattle, WA 98121 INSURER e: Commerce and Industry insurance Co.. ......... . IrIsuRERc Liberty Northwest ins INSURER Ir INSURERS: :OVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NS TYPEOFINSURANCE POUCYNUMSER VKMIE POLICY DATE RMHUDIION LIMITS A GENERALL11"MITY 2432675 05/24107 05124/08 EACHOCCURRENCE 51,000,000 X COMMERCIAL GENERALL)AEILrTY DPREMk AMAGES III, ED IRaIls50 OOD CLAIMS MADE OCCUR MED$7I-(Anyone perwn) $5,000 PERSONAL aADV INJURY si 00O 000 X WA STOP GAP GENERAL AGGREGATE 32,000,000 GENtAGGREGATE LIMIT APPLIES PER:- PRODUCTS -COMPJOPAGG 52000000 POuCY PRD LOC B AUTOMOSILELIASILIY X ANYAUTO 6636437 05/24107 05124/08 COMBINED SINGLE LIMIT Wnacddem) 51,000,000 BODILY INJURY (P-P—) S ALL OWNER AUTOS SCHEDULEDAUTOS BODILY INJURY 1PeracddeM) S X X HIRED AUTOS NON-0WNEDAUTOS PROPERTY DAMAGE (Per aeddanl) 5 GARAGE LIABILITY ALrTOONLY -EA ACCIDENT 5 OTHERTHAN EA ACC AUTO ONLY: AGG S ANYAUTO 5 A EXCESSIUMBRELLA UAMUTY 2432817 05/24/07 05124/08 EACH OCCURRENCE s2,000,000 X OCCUR CLAIMS MADE AGGREGATE s2,000,000 S S DEDUCTIBLE 5 X RETENTION 510 000 C woRKERScomPENsATIONAND WC43NC995985017 05/01107 05/01/08 X ORRY 1.1wr- oTH EMPLOYERS' LIMIUTY ANY FROPRIETORIPARTNERMECUTIVE OFFICERIMEMBEREXCLUDED? EJ_EACHACCIOENT 51 ODO,000 EL DISEASE -EA EMPLOYEE $1000 000 �UWSPECIAL" =s Wow E.L. DZEASE-POLICY OMIT I 51,000,000 OTHER A Professional & 2432675 05/24/07 05/24/08 $1,000,000 Occurrence Pollution Liab• 000 000 Aggregate DESCRIPTION OFOPEM*nONSI WCATIONSIVEHICLEB i Excwmovs ADDED BY ENDORSEMENT) SPECIAL PROVISIONS RE: Portage Bay Shellfish Protection District Fecal Coliform Bacteria Monitoring. Whatcom Contract for Services Agreement 042308. Herrera Project No. 07-03839-000 (See Attached Descriptions) NLR1IribMic nULli=M GA UMLLAItU{Y SHOULD ANY OF THEABOVE DEBCRISED PGUGIES BE CANCELLED BEFORE THE EXPIRATION Whatcom County-Dept.Of Public Works-Stormwater OffitTHEREOF, THE ISSUING INSURER WILL ENDEAVORTOMAIL 30_ DAVSWR1TTEN ATTN: Remy Stratton NOTICETO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 50 SHALL 2011 Young Street IMPOSE NO OBLIGATION OR LASIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Suite 201 REPROENTATIVES. Bellingham, WA 98225 A . ORRED ItEPRESENfATNE ACORD 25120011081 i F 3 $C74r917rM47 AQ% IAann o ACORD CORPORATION 1988 26 IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the Issuing insurer(s), authorized representative or producer, and the certificate holder, nor does It affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2001100) 2 of 3 SS215217IM177493 27 w This endorsement, effective 1201 AM, 5124/07 to 5/24/08 Forms a part of Policy No:_ 2-432675 Issued to: Herrera Lkaviraumental Consultants, Inc. BY: Americ= International Specialty Lanes TRIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ENDORSEMENT COVERAGE A. 8 AND C This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICY SCHEDULE Name of Person or Organisation: WHERE REQUIRED BY WRITTEN CONTRACT llf no entry 'appears above, information required to complete this endorsement Wil be shovm in the Declarations as applicable to this endarsemenQ It Is hereby agreed that Seation Il of the policy, WHO IS AN INSURED is amended to include as an insured the person or organization shown in the schedule above as respects Insuring Agreements A, B and C, but only vtith respect to liability arising out of your ongoing operations performed by you or on your behalf for that Insured. Coverage is not afforded for the additional Insured's own liability, which arises solely out of its acts or omissions. The entities scheduled above are covered under this Policy only for limits of liability up to but not exceeding the amount required by the written contract witi'1 the insured and subject to the limits of liability of this Policy. Ail other terms, conditions, and exclusions shall remain the same. 78025 (5101) CI1456 PAGE 1 OF 1 29 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-192 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. Auditor 0�p- 80 2 n V D APR 2 Q 2008 WHATCOM COUNTY COUNCIL 5/6/08 Finance / Council Division Head: Dept Head.•Auditor Prosecutor ' �Y Purchasing/Budget: yL Executive: Award of bid to the Bellinghain Herald for Whatcom County's Official Newspaper and authorize executive to sign the contract with the Bellingham Herald as Whatcom County's Official Newspaper ATTACHMENTS. Council Resolution Directing the Auditor to Call for bids. Approval of Bellingham Herald as a single source. Bid from the Bellingham Herald and contract for Official Printing Services for 2008-2009. SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( x ) NO Requested Date: SUMMARYSTATEMENT.• Authorize the County Executive to sign the contract with the Bellingham Herald for the fiscal year beginning July 1, 2008 and ending June 30, 2009, both dates inclusive to provide for 21 free newspapers to Whatcom County and in consideration for the services provided, the county agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, one- inch insertion and $10.50 for the second and subsequent insertions in 7 pt type, 10.50 lines to an inch, 1 1116" column width. Distribution Request Indicate those who should receive a copy after Council action. List speck names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Shirley Forslo Cooperative Extension District Court Executive Pete Kremen 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): 30 WHATCOM COUNTY AUDITOR'S OFFICE Whatcom County Courthouse 311 Grand Avenue, Suite 103 Bellingham, WA 98225-4038 Email: Auditor@co.whatcom.wa.us SHIRLEY FORSLOF COUNTY AUDITOR DEBBIE ADELSTEIN CHIEF DEPUTY Phone: 360-676-6740 Internet: www.co.whatcom.wa.us/auditor FAX: 360-738-4556 MEMO TO: Brad Bennett, Administrative Services Financial Manager FROM: Shirley Forslof, County Auditor DATE: February 19, 2008 SUBJECT: Official County Newspaper The Bellingham Herald continues to be the only daily newspaper published in Whatcom County. Since March of 1998 you have designated and named the Bellingham Herald as the sole source for the County's official newspaper and you have exempted it from the formal bid process. Please provide authorization again for the designation of the Bellingham Herald as a sole source for the year beginning July 1, 2008 and ending June 30, 2009. I have attached, for your reference, your authorization dated February 22, 2007 as well as Council Resolution 96-009 directing the County Auditor to annually perform a call for bids. APPROVED FOR SOLE SOURCE DESIGNATION ennett, AS Fin anager Licensing Recording Elections Administration/Internal Audit Licensing@co.whatcom.wa.us Recording@co.whatcom.wa.us Elections@co.whatcom.wa.us 360-676-6744 360-676-6740 360-676-6740 , 360-676-6742 360-676-6740 ext50065 M 31 360-738-4555 J ncwsbia rcs 1131% SPONSORED BY: Consent PROPOSED BY: Clerk of the Council WTRODUC ION DATE: 1123196 l RESOLUTION NO. 4&_nn9 2 DIRECIING THE AUDITOR TO ADVERTISE FOR BIDS FOR THE COUNTY'S 3 OFFICIAL NEWSPAPER 4 WHEREAS, RCW 36.72.075 requires the CountyCouncil to contract with a legal 5 newspaper to serve one year as the official county newspaper beginning on the first day of 6 -July; and 7 WHEREAS, said statute requires the County Auditor to advertise for bid proposals 8 from qualified legal newspapers interested in serving as the. official county newspaper; and 9 WHEREAS, said advertisement shall be made at least five weeks before the meeting 10 at which the Council shall let the contract for the official county newspaper; 11 NOW, THEREFORE, BE IT RESOLVED. by the Whatcom County Council that the 12 County Auditor is directed to issue a call for bids for the official daily County newspaper 13 for the year beginning July 1, 1.996 and ending June 30, 1997, both dates inclusive. Said bids 14 will be opened, read aloud and considered at 9:00 a.m. March 8, 1996 in the Auditor's 15 Conference Room, Whatcom County Courthouse, 311 Grand Avenue, Bellingham. 16 BE IT FINALLY RESOLVED that this resolution shall also be effective for future 17 years without need for further Council action, and that the Auditor annually perform the -18 call for bids using similar methods and time frames as. shown above. 19 APPROVED this 23 day of January 1996. 20 WHATCOM COUNTY COUNCIL 21 ATTEST: WHATC M COUNTY, WASHINGTON 22 '23 Dan:! Brown avis, Clerk of thE Council L. ward Netson. coun<:ii Chair. 24 APPROVED AS TO FORM: () Approved ( -Denied 25 (% J 26 Civil Deputy -Prosecotor 11aac 1 32 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. .200 9D S/DUZ Originating Department: Auditor Contact Person: ShirleyForslo Contractor's Name: The Bellingham Herald Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes x No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No x_ Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and arty prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount. $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services The Herald agrees to print and the County agrees to submit all of the publications of the County of every kind and nature that said County as a Official Printing Services Agreement municipal body may be required by the laws of Washington State to have For the period July 1, 2008 through published in the Official Newspaper. Inconsideration for the services June 30, 2009 provided, the County agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, per column one -inch first insertion, and $10.50 per column inch for the second and all subsequent insertions, in 7 t type, 10.50 lines to the inch, 1 1116" column width. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed _ Open Ended x Term of Contract: 12 months Expiration Date: June 30, 2009 Renewal Option Yes No X Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routine SteDs & Sienoff lsien or initial! !indicate date transmitted 1. Prepared by: Auditor i . Date 04/02/0 [electronic] 2. Attorney reviewed: - ..? . Date 6l9 electronic] 3. As -Finance reviewed: Date 2 electronic] 4. Corrections made: Date [electronic] hard copy printed 5. Attorney signoff.• '. , Date t{.- 2 ,3 6. Contractor signed.- ✓ Date H - H - U 7. Submitted to Exec Office: ✓ Date- -- 0 hardcopies] 8. Reviewed by DCA: 9. Council approved (if necessary): 10. Executive signed. - IL Contractor Original Ret'd to dept: 12. County Original to Council: This form may need to expand to more than one page. Date Date Date 33 WHATCOM COUNTY Shirley Forslof, County Auditor 311 Grand Ave., Suite 103 Bellingham WA 98226-4038 MEMORANDUM TO: Pete Kremen, County Executive FROM: Shirley Forslof, County Auditor RE: Official Printing Services Agreement DATE: April 2, 2008 AP{ 2'i1 :,08 COUN1Y EXECUTIVE Enclosed are two (2) originals of the Official Printing Services Agreement between The Bellingham Herald and Whatcom County. Also enclosed is an Agenda Bill, the Council Resolution Directing the Auditor to Call for Bids, approval from Finance of The Bellingham Herald as a single source and bid proposal from The Bellingham Herald. Please forward these documents to the County Council for the May 6, 2008 meeting. ■ Background and Purpose The Bellingham Herald prints Whatcom County publications of every kind and nature that the County, as a municipal body, may be required by the laws of Washington State to have published in the County's Official Newspaper. Each year, the County negotiates a new contract with The Bellingham,Herald for these services. ■ Funding Amount. and Source Departmental Budgets ■ Differences from Previous Contract The rates have decreased $.55 for the First insertion and $.49 for the second and subsequent insertions but the characters per column inch have also decreased by 64 characters. The County will receive 21 copies of each issue of each publication. Please contact Shirley Forslof at extension 56744, if you have any questions or concerns regarding the terms of this agreement. Enclosures 34 ,"" ' ``'"a . .'_ ": — Whatcom County Contract No. ooo2- CONTRACT FOR SERVICES AGREEMENT OFFICIAL PRINTING SERVICES AGREEMENT 2008-2009 THIS AGREEMENT is between Whatcom County, a municipal corporation, hereinafter referred to as the COUNTY, and The Bellingham Herald, a division of Federated Publications, a Delaware Corporation, hereinafter referred to as the HERALD , for the purpose of providing printing services as the official newspaper of Whatcom County, Washington. WITNESSETH: WHEREAS, RCW Chapter 36.72 requires all county officers to cause all legal notices and delinquent tax lists to be advertised in the official county newspaper designated by the county legislative authority; and, WHEREAS, the aforesaid chapter requires the county legislative authority to let a contract to a legal newspaper to serve as the official county newspaper for the term of ONE (1) year; and, WHEREAS, The Herald is the legal newspaper and is qualified to perform printing services as the official newspaper of Whatcom County, Washington; NOW, THEREFORE, IT IS MUTUALLY AGREED AND UNDERSTOOD that for the purpose of providing printing services as the official newspaper within the County for the term hereinafter set out, the County and the Herald agree to the terms and conditions incorporated herein. The Bellingham Herald , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 1 to 8 Exhibit A (Scope of Work), pp. 9 to 9 Exhibit B (Compensation), pp. 9 to 9 Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 1st day of July, 2008, and shall, unless terminated or renewed as elsewhere provided in the Agreement, to and including the 30th day of June, 2009. The general purpose or objective of this Agreement is to: provide printing services as the official county newspaper of Whatcom County, Washington, 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 $ N/A 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 &i4 12008. X - Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 1 35 CONTRACTOR: The Bellingham Herald A"L Glen KardOPublishW STATE OF WASHINGTON ) ) ss. COUNTY OF On this ylwday of &, 2008, before me personally appeared 61AU11a&& to me known to be the Pulp /i6 4 w (title) of &Alitt6m 0"*(o (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. G G`� • F �# N.C3 N Er if at •�o �oI A &,L, • U ems® •9 tV:A- �F 0 F O IC in and or the tate of Washington, My commission expires Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 2 36 WHATCOM COUNTY: Recomm ded for Approval: Shirley Forslof, U�fiatcom County Auditg( 'Date Approved as to/forme $. ' f Prosecuting Att neyG ate Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2008, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, 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: The Bellingham Herald Glen Nardi, Publisher Jill Cratsenberg, Legal Clerk Contract Administrator Address: 1155 N. State Street Bellingham WA 98225 Mailing Address: P. 0. Box 1277 Bellingham WA 98227-1277 Contact Name: _Jill Cratsenberg Contact Phone: 360-756-2829 Contact FAX: 360-715-2225 Contact Email: legalsP_bellinghamherald.com Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 3 37 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: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Orders from the County will be accompanied by a purchase order number and a customer account number. The Bellingham Herald shall submit written claims for reimbursement for services provided on a monthly basis directly to the County department which ordered the publication. All billings (invoices) shall include the purchase order number and the customer account number. All payments shall be based upon services provided unless otherwise approved in writing by the County. Each request for payment shall be submitted and supported by documentation of the services actually performed (in the form of an affidavit of publication). 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 4 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/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. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: Not Applicable 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 5 39 by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Bellingham Herald, prior to commencement of this agreement, hereby agrees to file a bond in the principal sum of $10,000 to faithfully and accurately perform the requirements of this agreement. 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: The Herald shall protect, defend, hold harmless and indemnify the County from and against all claims, suits, actions and judgements arising from negligent acts or omissions of the Herald or approved subcontractors, and the agents or employees of either in the performance of this Agreement. In the event the County is required to institute legal action and/or to participate in legal action to enforce this clause, the Contractor agrees to pay the County's legal fees, costs and disbursement incurred. This Agreement cannot be invalidated for typographical errors, incorrect insertions or omission in advertising published. The Herald is in no way responsible for errors in copy furnished by the County. If errors caused by the Herald occur in advertisements which are not proofed by the County, the Herald will, at the County's election make an adjustment in charges for the advertisement or will republish the advertisement in the next available issue. If republication is required, the entire ad will be republished. If the County requires a proof for checking before publication, any errors must be brought to the attention of the Herald no later than 6 p.m. the day prior to publication. For ads to run on either Saturday or Sunday, the proof must be returned by 6 p.m. on the Friday preceding the weekend. In the event errors are found after first publication, the County will notify the Herald of errors in time for correction before the second insertion, for advertisements that must have two insertions. The County agrees to furnish all advertising copy, complete to the Herald by the deadline schedule as now or hereafter established by mutual agreement of the Herald and the County; and in case of copy furnished after such hour and accepted by the Herald, to waive the right to have proof submitted and to assume responsibility for all errors in such late copy. The County agrees to assume responsibility for all errors in copy proof read by the County where the advertisement printed corresponds to the returned proof. A composition charge will be made when the County cancels any advertisement that has been set for publication. The County agrees to indemnify, defend and hold the Herald, any approved subcontractors and assigns and their respective affiliates, agents, employees and officers, harmless from and against all actions, suits, proceedings, judgments, demands or claims (whether valid or invalid), liabilities , losses or expenses whatsoever (including reasonable attorneys' fees) arising out of or in connection with the publication of the County's advertising to the extent the same is not due to the Herald's negligence in view of the duties of the parties set forth herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall 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. Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 6 MN 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: Not Applicable 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Auditor and 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: Shirley Forslof, Whatcom, County Auditor 311 Grand Avenue, Suite 103 Bellingham WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be, in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable, 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Contract for 2008-2009 Official Printing Services Agreement v 1.0 Page 7 41 b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. 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 2008-2009 Official Printing Services Agreement v 1.0 Page 8 42 EXHIBIT "A" (SCOPE OF WORK) Services The Herald agrees to print and the County agrees to submit all of the publications of the County of every kind and nature whatsoever that said County as a municipal body may be required by the laws of Washington State to have published in its official newspaper, except when publications are required by law to be published in both the official newspaper of the County and in one or more other newspapers of general circulation. The publication of any such notices made in the official newspaper shall be' made at the rate hereinafter specified. Publications for which said rate is provided are to include: All summons and suits to which the County, or any of its officials are parties; all legal notices, tax lists, tax sales, Sheriffs sales, estate notices, sales of County property, calls for bids, notices of nominations, notices of election including primary, general and special elections, and all other matters of every kind and nature whatsoever, as may legally and properly devolve upon the County to have published, or which its officials may desire or be required by law in their official capacity to publish in the official newspaper. All publications called for under this Agreement shall be printed in the classified sections of the Herald, set in a concise block which will be easy to read and locate in the paper. Distribution of Newspapers The Herald hereby agrees to furnish twenty-one (21) copies of each issue of each publication to Whatcom County, at no cost, eighteen (18) which shall be delivered in a timely manner (prior to 7:00 a.m. on the day of publication) to the Whatcom County Courthouse, 311 Grand Avenue, Bellingham and deposited in the designated newspaper depository except on a Saturday, Sunday or Holiday, the papers will be delivered prior to 7:00 a.m. to the Juvenile Detention Sally Port. The copies will be distributed by Information Services Records to the following departments: Administrative Services, Assessor, Auditor, Superior Court Clerk, Council, Division of Emergency Management, Executive, Facilities Management, Hearing Examiner, Human Resources, Information Services, Prosecutor, Public Defender, Purchasing, Sheriff, Treasurer, and two (2) copies to Public Works. Two (2) copies will be distributed to the County offices located at the Northwest Annex, 5280 Northwest Road, Bellingham for the Planning and Development Services and the Engineering Department of Public Works. The remaining one (1) copy will be distributed to the County Parks Department office located at 3373 Mt. Baker Highway, Bellingham. An additional delivery fee may be charged by the Herald to cover delivery charges for newspapers delivered to locations other than the courthouse. EXHIBIT "B" (COMPENSATION) Consideration In consideration for the services provided, the County agrees to reimburse the Herald for printing services in the amount of $11.34 for a single column, per column one -inch first insertion, and $10.50 per column inch for the second and all subsequent insertions, in 7 point type, 10.50 lines to the inch, 1 1/16" column width. Deadline for submittal of copy by.the County to the Herald shall be no later than 3 p.m. two days prior to desired date of publication for legal copy (by fax, e-mail or by mail). The Herald will pick up copy at the Courthouse by 3 p.m. Mondays (for Wednesday publication). Contract for 2008-2009 Official Printing Services Agreement Page 9 v 1.0 43 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-193 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator. mg 4/17/ 08 � j� � � � � n � D ff �� v APR 2 a 2008 T p� /� �/ I A f C O M COUNT r 0e COUNCIL 5/6/08 Finance/Council Division Head: Dept. Head. .�3 Prosecutor Purchasing/Budget IN yea Executive: SUBJECT. • New HIDTA Award #I8PNWP513Z for the period of January 1— December 31, 2008 ATTACHMENTS. Cooperative Agreement I8PNWP513Z SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes, ( ) NO Requested Date: SUMMARYSTATEMENT. This award will support the Northwest MID TA Border Task Force — Prosecution initiative of the North west High Intensity Drug Trafficking Area. January 1— December 31, 2008. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. • Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): M WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 MEMORANDUM TO: Pete Kremen, Count Ex utive FROM: Bill Elfo, Sheriff RE: HIDTA DATE: April 17, 2008 CAREY JAMES UNDERSHERIFF JEFF PARKS CHIEF DEPUTY KEVIN MOYES CHIEF DEPUTY WENDY JONES CHIEF OF CORRECTIONS Enclosed are three (2) originals between Whatcom County Sheriff's Office and Executive Office of the President Office of National Drug Control Policy (ONDCP)for your review and signature. ■ Background and Purpose This award will support Northwest HIDTA Border Task Force Prosecution initiative at the Northwest High Intensity Drug Trafficking Area January 1 — December 31, 2008. This grant will pay for a prosecutor and secretary in the Prosecutor's Office. There will be a reprogram of money in the next couple of months allowing us to bill for the maintenance on the Aegis R Public Safety Interface Software — AS/400 State/NCIC Interface. ■ Funding Amount and Source Funding is from the Executive Office of the President Office of National Drug Control Policy. The funding amount is $160,724.00. ■ Differences from Previous Contract Please contact Undersheriff James or Marvette Gwinner at extension 50423 or 50456 if you have any questions or concerns regarding the terms of this agreement, Encl. SHERIFF CCRRECTIONS (360) 676-6650 (360) 384-5360 FAX: (360) 738-2494 (360) 676-6848 (360) 384-3291 FAX: (360) 738-24845 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a00 SOgo 17 Originating Department: Whatcom County Sheri 's Office Contract Administrator: Carey James Contractor's /A enc Name: I Executive Off ce of the President O ffice o National Drug Control Policy 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 x No If yes, grantor agency contract number(s) I8PNWP513Z CFDA number 16.999 Is this contract grant funded? Yes No X Is this contract the result of a RFP or Bid process? Yes _ No X - If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $_160, 724.00 approval and a supporting memo. Any amendment that provides _ either a 10% increase in amount or more than $10, 000, whichever is This Amendment Amount: greater, must also go to Council and will need an agenda bill and $ supporting memo. If less than these thresholds, just submit to Executive with supporting memo for approval. Total Amended Amount: $ 160, 724.00 Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This award will support Northwest HIDTA Border Task Force Prosecution Initiative at the Northwest High Intensity Drug Trafficking Area January 1- December 31, 2008. This award pays for one prosecutor and one secretary. It also pays for the maintenance on the Aegis R Public Safety Interface Software-AS1400 State/NCIC Interface. Term of Contract: Expiration Date:12/31/07 Contract Routine Stens & Steno[f [sign or initial? [indicate date transmitted 1. Prepared by: Date [electronic] 2. Attorney reviewed: - Date Lv,. _o [electronic] 3. AS Finance reviewed: Date O electronic] 4. IT reviewed if IT related Date _ [electronic] S. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff. Contractor signed. - Submitted to Exec Office Date Date Date y- 25-D 1S [summary via electronic; hardcopies] W Executive Office of the President Office of National Drug Control Policy 1. Recipient Name and Address County Executive Pete Kremen Whatcom County 311 Grand Avenue Bellingham, WA 98225 IA. Recipient IRSNendor No.: 1916001383132 Subrecipient Name and Address WHATCOM COUNTY CONTRACT NO. a�a8o�o�� Page I of 4 Grant Agreement 4. Award Number: I8PNWP513Z 5. Grant Period: From 01/01/08 to 12/31/09 6. Date: 03/17/2008 7. Action. 8. Supplement Number F7 Initial I— Supplemental 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $160,724.00 Northwest HIDTA Border Task Force- 11. Total Award: $160,724.00 Prosecution 12. Special Conditions (check, if applicable) l✓ The above Grant is approved subject to suchconditions or limitations as are set forth on the attached 3 pages. 113. Statutory Authority for Grant: Public Law 110-161 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Cheryl C. Nolan Pete Kremen Acting Deputy Director County Executive State, Local and Tribal Affairs Whatcom County 16. Signature of Approving ONDCP Official 117. Signature of Authorized Recipient/Date 18. Accounting Classification Code 19. HIDTA AWARD DUNS: 803417989 EIN: 1916001383132 47 Executive Office of the President Office of National Drug Control Policy 1. Recipient Name and Address County Executive Pete Kremen Whatcom County 311 Grand Avenue Bellingham, WA 98225 IA. Recipient IRSNendor No.: 1916001383132 Subrecipient Name and Address WHATCOM COUNTY CONTRACT NO, o?oo o�oi� Page 1 of 4 Grant Agreement 4. Award Number: I8P]VWP513Z 5. Grant Period: From 01/01/G8 to 12/31/09 6. Date: 03/17/2008 8. Supplement Number 7. Action. 17, Initial r` Supplemental 2A. Subrecipient IRSNendor No.: 9. Previous Award Amount: 3. Project Title 10. Amount of This Award: $160,724.00 Northwest HIDTA Border Task Force- 11. Total Award: $160,724.00 Prosecution 12. Special Conditions (check, if applicable) P- The above Grant is approved subject to such conditions or limitations as are set forth on the attached 3 pages. 113. Statutory Authority for Grant: Public Law 110-161 14. Typed Name and Title of Approving Official 15. Typed Name and Title of Authorized Official Cheryl C. Nolan Pete Kremen Acting Deputy Director County Executive State, Local and Tribal Affairs Whatcom County 16. Signature of Approving ONDCP Official 117. Signature of Authorized Recipient/Date C'. 2cd-ca-.-- 18. Accounting Classification Code 19. HIDTA AWARD DUNS: 803417989 EIN: 1916001383B2 Grant l8P1\J­WP5l37 Page 2 of 4 GRANT CONDITIONS A. General Provisions 1. This grant is subject to: • OMB Circular A-87 "Cost Principles for State, Local, and Indian Tribal Governments" (or, if applicable, OMB Circular A-21 "Cost Principles for Educational Institutions"); OMB Circular A-1.02 "Grants and Cooperative Agreements with State and, Local Governments" (or, if applicable, OMB Circular A-110 "Uniform Administrative Requirements for Grants and .Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations"); • OMB Circular A-133 "Audits of States, Local Governments and Non -Profit Institutions"; • "Government -wide Debarment and Suspension (Non procurement)," codified at 21 CFR § 1401 et. seq.; • "Government -wide Requirements for Drug -Free Workplace (Grants)" (codified at 21 CFR § 1401 et. seq.); "New Restrictions on Lobbying" (codified at 18 USC § 1903 and 31 USC § 1352). • Nondiscrimination in Federally. Assisted Programs and Equal Opportunity Plans requirements are codified at USC, Title VI (42 USC § 2000d et seq.). • Immigration and Naturalization Service Employment Eligibility Verification Form (I-9). 2. Audits conducted pursuant to OMB Circular A-133, "Audits of State and Local Governments", must be submitted no. later than nine (9) months after the close of the grantee's audited fiscal year. A copy of the audit report and management letter must be sent to: EOP/ONDCP Attention: Michael Reles GSD/RDF (202) 395-6608 Anacostia Naval Annex Bldg 410/Door 123 250 Murray Lane, SW Washington, DC 20509 or: mreles(pD_ondcp.eoo.goy 29 Grant I8PNI.VP513Z Page 3 of 4 3. The recipient agrees to submit Financial Status Reports (OMB Standard Form 269) quarterly, during the award period, and at the end of the award period. These forms shall be faxed to the ONDCP HIDTA Financial Management Office at (202) 395-5176 within 30 days after the end of each quarter. Other reporting requirements are specified in the HIDTA Program Policy and Budget Guidance. The recipient gives the awarding agency or the Government Accountability Office, through any authorized representative, access to and the right to examine all paper or electronic records related to the grant. B. Special Conditions HIDTA Grants The following special conditions are incorporated into each award document. 1. This grant is awarded for the initiative(s) named above. Variation from the description of activities approved by ONDCP and/or from the budget attached to this letter must comply with the reprogramming requirements as set forth in ONDCP's HIDTA Program Policy. and Budget Guidance, _ dated April 2006. 2. This award is subject to the requirements in ONDCP's "HIDTA Program Policy and Budget Guidance." 3. No HIDTA funds shall be used to supplant state or local funds that would otherwise be made available for the same purposes. 4. The requirements of 28 CFR Part 23, which pertain to information collection and management of criminal intelligence systems, shall apply to any such systems supported by this award. 5. Special accounting and control procedures must govern the use and handling of HIDTA Program funds for confidential expenditures; i.e. the purchase of information, evidence, and services for undercover operations. Those procedures are described in Section 6-12 of the "HIDTA Program Policy and Budget Guidance." 6. The grant recipient agrees to account for and use program income ,in accordance with the "Common Rule" and.the HIDTA Program Policy and Budget Guidance. Asset forfeiture proceeds generated by the HIDTA-funded initiatives shall not be considered as program income earned by HIDTA grantees. 7. Property acquired with these HIDTA grant funds is to be used for activities of the Northwest HIDTA. If your agency acquires property with these funds and then ceases to participate in the HIDTA, you should make this equipment available to the HIDTA's Executive Board for use by other HIDTA participants. 50 Grant I8:PNWP5 13Z Page 4 of 4 8. All law enforcement entities that receive funds from this grant must report all methamphetamine laboratory seizure data to the National Clandestine Laboratory Database/National Seizure System at the El Paso Intelligence Center. C. Payment Basis A request for Advance or Reimbursement shall be made using the Department of Health and Human Services Division of Payment Management System (www.dpm.psc.gov). Copies of invoices or payroll registers must accompany the payment confirmation number to provide documentation for the reimbursement request. Requests for advances must be accompanied by details specifying the need for the advance. Documentation of how the advance was spent must be submitted within 21 days before another advance or reimbursement will be approved. 2. Payments will be made via Electronic Fund Transfer to the award recipient's bank account. The bank must be FDIC insured. The account must be interest bearing. 3. Except for interest earned on advances of funds exempt under the Intergovernmental Cooperation Act (31 U.S.C. 6501 et seq.) and the Indian Self -Determination Act (23 U.S.C. 45.0), grantees and subgrantees shall promptly, but at least quarterly, remit interest earned on advances to the Department of Health and Human Services, Division of Payment Management (HHS/DPM). When submitting your checks, please provide a detailed explanation which should include: reason for check (remittance of interest earned on HIDTA advance payments), check number, grantee name, grant number, interest period covered,, and contact name and number. Ms. Janet Fowler Division of Payment Management Department of Health and Human Services 11400 Rockville Pike, Suite 700 Rockville, MD 20852 4. The grantee or subgrantee may keep interest amounts up to $100 per year for administrative purposes. (21 CFR § 1403.21(h)(2)(i) et. seq.) RECIPIENT ACCEPTANCE OF GRANT CONDITIONS Signature: (See- 4 &-&C, Date: Name: Pete Kremen Title: County Executive 51 WHATCOM COUNTY: Sheriff Recommended for Approval: Approved as to form: Prosecuting Atto y Approved: Accepted for Whatcom County Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) Date ( -t -a 4� �- 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: 52 02M210801:12AM Server,HTTPJIFINDB User.--ladmin AppSel:HIOTA Appk.1ii—.FMS FY 2008 - Northwest HIDTA Budget Detail All Initiatives Award Recipient - Whatcom County Grant/MOA - IBPNW0513Z Resource Recipient - Northwest initial Bud et (Approved)160,724 Personnel Position # Positions Subtotal Personnel Attorney 1.00 82.525 Paralegal & support 1.00 33.979 Total Personnel 116,504 Fringe Benefits Name/Position Subtotal Benefits Attorney 26,269 Paralegal & support 16,951 Total Fringe Benefits 43,220 Overtime Position # Positions Subtotal Overtime Total Overtime Travel Purpose # Positions Subtotal Travel Total Travel Facilities Description # Leases Subtotal Facilities Total Facilities - Services Description and Quantity # Services Subtotal Total Services Total Services Equipment Description # E ui ment Subtotal Equipment Total Equipment Supplies Description Subtotal Supplies Total 1 of 2 53 02112=01:12 AM Server: HTTP7/FINDB User: ewrestadmin AppSet:HIDTA Application: FMS FY 2008 - Northwest HIDTA Budget Detail All Initiatives Award Recipient - Whatcom County Grant/MOA-18PNWP513Z Resource Recipient - Northwest Initial Budget (Approved) 160,724 Other Description Subtotal Other Administrative costs 1,000 Total 1,000 Total Budget 160,724 2of2 54 02/1ZM 01:12 AM Server HTTPION09 User, eve —dmin AppS t:HIDTA Applimli—, FMS FY 2008 - Northwest HIDTA Budget Detail Initiative - Northwest HIDTA Border Task Force - Prosecution Prosecution Award Recipient- Whatcom County Grant/MOA - 18PNWP513Z Resource Recipient - Border Task Force Initial Budget (Approved) 160,724 Personnel Position # Positions Subtotal Personnel Attorney 1.00 82,525 Paralegal & support 1.00 33,979 Total Personnel 116,504 Fringe Benefits Name/Position, Subtotal Benefits Attorney 26,269 Paralegal & su ort 16.951 Total Fringe Benefits 43,220 Overtime Position # Positions Subtotal Overtime Total Overtime Travel Purpose # Positions Subtotal Travel Total Travel Facilities Description # Leases Subtotal Facilities Total Facilities Services Description and Quantity # Services Subtotal Total Services Total Services Equipment Description # Equipment Subtotal Equipment Total Equipment Supplies Description Subtotal Supplies Total 1 of 2 55 02H Z=01:12 AM Server HTTPI/FINDS Userewresladmin AppSeI:HIDTA Applicalian:FMS FY 2008 - Northwest HIDTA Budget Detail Initiative - Northwest HIDTA Border Task Force - Prosecution Prosecution Award Recipient - Whatcom County GranUMOA-18PNWP513Z Resource Recipient - Border Task Force Initial Budget (Approved)160,724 Ither escription Subtotal Othe dministrative costs 1,000 otal 1,00( Total Budget 160,724 2of2 56 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-194 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Originator: LG 4125108 I�u^uu{ � n � D v 5/6/08 finance/Council Division Head: APR 2 9 2908 WHATCOM COUNTY TY COUNCIL UNCIL Dept. Head: Prosecutor: yf — PurchasinglBudget: Executive: TITLE OF D CUMENT. Hovander Homestead Park Use Agreement Between Whatcom County Parks & Recreation and the Bellingham Highland Games ATTACHMENTS. Agreement (2 copies) SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires apublic hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Agreement authorizing Bellingham Highland Games to reserve Hovander Homestead Park for the 2008 — 2012 Bellingham Highland Games to be held each first weekend in June. Agreement locks in the fee of $4,940 for those five years. Agreement does provide for annual review and possible revision of insurance requirements as determined by the Prosecuting Attorney. Agreement allows for set-up three days prior to the event and clean-up two days after the event at no charge, provided that the general public has free access to the site. 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.wlaatcom.wa.us/council. 57 WHATCOM COUNTY Whatcom County Parks & Recreation 3373 Mt. Baker Highway Bellingham, WA 98226 TO: FROM: RE: DATE: MEMORANDUM Pete Kremen, County Executive Michael McFarlane Michael McFarlane Director APR 2 5 2008 PETE KREMEN COUNTY EXECUTIVE Hovander Homestead Park Use Agreement Between Whatcom County Parks & Recreation and the Bellingham Highland Games April 25, 2008 Enclosed are two (2) originals of Hovander Homestead Park Use Agreement Between Whatcom County Parks & Recreation and the Bellingham Highland Games for your review and signature. ■ Background and Purpose This Agreement authorizes the Bellingham Highland Games to reserve Hovander Homestead Park for the 2008 — 2012 Bellingham Highland Games to be held each first weekend in June. The Agreement locks in the fee of $4,940 for those five years. The Agreement does provide for annual review and possible revision of insurance requirements as determined by the Prosecuting Attorney. The Agreement allows for set-up three days prior to the event and clean-up two days after the event at no charge, provided that the general public has free access to the site. ■ Funding Amount and Source $4,940 will be paid to the County to reserve Hovander Homestead Park for this event. ■ Differences from Previous Contract This Agreement differs from previous contracts with the Highland Games Association in the following ways: 1. This Agreement is for five years instead of one, and locks in the fee of $4,940 for those five years. The fee is the same as it was in 2006, when the Games Were last held at Hovander. 2. This Agreement allows the Highland Games Association to collect parking fees for the first time provided that visitors who are not attending the Games can park for free. 3. This Agreement requires the insurance policy to provide for $5,000,000 aggregate. Past agreements did not have the aggregate provision, but required $1,000,000 CSL. 4. This Agreement requires Whatcom County Parks to provide the design, labor and electrical panel needed to service the event; and to provide the Association with the specifications for the electrical wire and trench to be provided by the Association. Please contact Michael McFarlane at extension #32072, if you have any questions or concerns regarding the terms of this agreement, Encl. Two Copies of Agreement WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aOOgo`f olcl Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Bellingham Highland Games Association 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 _ No x If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $4,490 paid to County memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ NA and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ NA Scope of Services Agreement authorizing Bellingham Highland Games to reserve Hovander Homestead Park for the 2008 - 2012 Bellingham Highland Games to be held each first weekend in June. Agreement locks in the fee of $4,940 for those five years. Agreement does provide for annual review and possible revision of insurance requirements as determined by the Prosecuting Attorney. Agreement allows for set-up three days prior to the event and clean-up two days after the event at no charge, provided that the general public has free access to the site. Term of Contract: Five Years Expiration Date: June 15, 2012 Contract Routine Steps & Siznoff lsi-en or initial? [indicate date transmitted 1. Prepared by: Lynne Givler Date 4125108 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: Date Z� 6 electronic) 4. IT reviewed if I1 related Date [electronic] 5. Corrections made: _ Date [electronic] 6. Attorney signoff.• Date ! r-.A X2-- - K 7. Contractor signed: ,/ Date I/- Z5-0y 8. Submitted to Exec Office ✓ Date y ZS-pg' [summary via 9. Reviewed by DCA Date 10. Council approved_ (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page this form may need to expand to more than one page hard copy printed electronic; hardcopies] 59 W s _0.0_.� HOVANDER HOMESTEAD PARK USE AGREEMENT BETWEEN WHATCOM COUNTY PARKS & RECREATION AND THE BELLINGHAM HIGHLAND GAMES ASSOCIATION THIS AGREEMENT dated as of , 2008, is made and entered into between WHATCOM COUNTY (PARKS & RECREATION DEPARTMENT), a municipal corporation in the State of Washington, and the BELLINGHAM HIGHLAND GAMES ASSOCIATION, a 501c4 non-profit Corporation in the State of Washington. The Bellingham Highland Games Association is sponsoring the 2008 to 2012 Highland Games to be held at Hovander Homestead Park. The 2008 games are to be held on Saturday June 7, 2008 and Sunday June 8, 2008. On the date this agreement is entered into, the Bellingham Highland Games Association will provide Whatcom County with a list of specific dates for the years 2009-2012. By December 1 of the preceding year, the Bellingham Highland Games Association will notify Whatcom County of their intent to rent the grounds for the following year. The terms governing the use of the park for_ the 2008 Highland Games are outlined below. The terms will remain the same for subsequent years (except where specifically described below) through 2012 with the dates changed accordingly. I. Whatcom County Parks & Recreation agrees to the following: 1. Provide use of the large Group Picnic Shelter; the Red, Blue and Water Tower Picnic Areas; the Orchard and Hovander House yard; the common area around the Hovander Barn; and Field Areas I, II and III on June 7 and 8, 2008. See attached map for locations of above areas. 2. Provide access to the areas outlined in "I. I" at no cost from Tuesday June 3 through Friday June 6, Monday June 9, and Tuesday June 10, 2008 in order to set up the event and clean up from the event, PROVIDED THAT the general public will have free access to those areas on those dates. The Bellingham Highland Games Association will be billed at 50% of the commercial rate for each day the event is not cleaned up after June 10, 2008. 3. Provide electricity and water at no additional cost. Provide the design, labor and electrical panel (to be installed at Water Tower) needed to service the event. Provide the Bellingham Highland Games Association with specifications for the electrical wire and trench to be provided by the Bellingham Highland Games Association. 4. Move from park storage and set-up bleachers for event; take down and return bleachers to storage. 5. Layout and supervise camping, and provide portable toilets for campers'use. Camping will be permitted Friday, Saturday and Sunday nights. Parks staff will collect fees. Camping fees collected will be retained by the Parks Department. Event volunteers of Bellingham Highland Games Association will not be charged a fee for camping and will be provided space in the designated volunteer camping area. The size and location of that space will be coordinated with the Lead Park Ranger prior to the event. 6. Allow the Bellingham Highland Games Association to sell alcohol at the event, provided that this activity is well supervised, that a Special Occasion License has been obtained Page 1 of 4 and is posted at the "beer garden", and that a fee of $100 per day is paid to the Parks Department (included in overall fee outlined at end of agreement). Alcohol can only be sold or consumed within the "beer garden" on event days of Saturday June 7 and Sunday June 8, which are the days which will be covered by the Special Occasion License. 7. Allow the Bellingham Highland Games Association to charge and collect a fee for event parking. The Tennant Lake Interpretive Center and WDFW boat landing parking lots are not available for event parking. Visitors utilizing the event parking area who are not attending the Games will not be charged for parking. II. Bellingham Highland Games Association agrees to the following: 1. Coordinate and provide all elements of the 2008 Highland Games at Hovander Homestead Park, including security and public safety, traffic control, and the layout and supervision of event parking. Provide an adequately sized dumpster(s) for the event and an adequate number of port -a - potties for the event, and handle all garbage and recycling associated with the event. Recycling Policy: If bottled or canned beverages are sold or provided at an event, State law now requires vendors to provide recycling containers and to arrange for the transport and recycling of the containers. 2. Provide electrical wire and trench to Parks specifications to be connected to electrical panel provided by Whatcom County. 3. Provide three port -a -potties / restroom facilities outside of the gated event so that park users do not have to enter the event grounds to use a restroom. 4. Handle all aspects of clean-up after the event. All take -down and clean-up must be completed by sunset on Tuesday, June 10, 2008. If clean-up is not completed, payment will be made to Whatcom County Parks &. Recreation as outlined in "I.2" above. 5. No items used for the Highland Games other than bleachers will be left on site after sunset on Tuesday, June 10, 2008. The Highland Games Association will be charged a daily storage fee until items are removed. That fee will be based on the average rate for storage in Ferndale. 6. Repair or pay for any damage resulting from the Highland Games, including restoring any damaged turf. The restoration of damaged turf will be coordinated with the Lead Park Ranger. 7. The Association will purchase liability insurance naming Whatcom County as an additional insured on the policy. The policy must specify the location, activity, and provide coverage for the duration of the event. For 2008, the insurance will be primary with the limits of bodily injury and property damage liability not less than $1,000,000 CSL; $5,000,000 aggregate. Policy must include products liability and cover the dispensing of alcohol. The insurer must be licensed to do business in the. State of Washington. The Association will provide a copy of the policy to the Parks & Recreation Department on or before May 23, 2008. Insurance requirements may change in subsequent years. They will be determined by the County's Risk Manager on an annual basis. Page 2 of 4 61 Payment of $4,940 will be made to Whatcom County Parks & Recreation Department on or before June 13, 2008. Fee includes authorization to sell alcohol at the event as described in "I.6" above. Areas reserved on June 7 and 8, 2008 are outlined below: All Picnic Areas at Hovander Homestead Park Common Area- Barn Field Areas I, II, and III BELLINGHAM HIGHLAND GAMES ASSOCIATION Roland Middleton, President Telephone Number STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) this da of 1 20(�, before me personally appeared to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this�,�* of , 20 . OU 9a ,. °6e%$$aaeaa,a�JY ,��.•°�55��Ni''•r��p '4 NOTARY LIC ' anfor the State of Washington, Z���.®tAEIII►: resi t,ii�'l RAG ? �a My on expi re ire u ID �� of \,N Page 3 of 4 62 Executed as of the date first written above. WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 2008, before me personally appeared PETE KREMEN, to me known to be the County Executive of WHATCOM COUNTY and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. Given under my hand and official seal this day of , 2008. APPROVED AS TO FORM: Deputy Prosec g Attorney NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COU7Y PARKS & RECREATION DEPARTS PENT Page 4 of 4 63 1.................... _ . .....::.. :......................... ... ...:::.: ............ ...................... ........ ... . _ ....... . ................ ....; ::.:...: ... ................................. . .... ............................. . 4.................. ..... . . ........... ........... �}..... �... � :. ............ Y .: .:.i .... ......... 7. ....... .... .. ... .... ::..: �. - _ ............::......... .. .;�... .. r .. .. ... :::::--�i2 .. ,. : �:::: :.: . . .... I o vp rot Or Homcji-oq �0� r k-�— - .RQ 0,, 9 0,�Q(-vo CA -JC(' �h�arrr� &�r�j WHATCOM COUNTY COUNCIL AGENDA BILL NO. Zoos — 182 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 4/29/2008 5/6/2008 COTW/Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Contract with David Bricklin for WWGMHB work on Ord 08-003 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.) Contract with David Bricklin for WWGMHB work on Ord 08-003 COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for. viewing and printing on the Coun 's website at. www. co. whatcom. wa. us/council. 65 WHATCOM COUNTY COUNCIL 311 Grand Avenue Suite 106 Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive FROM: Marina Engels, Deputy Clerk Dana Brown -Davis Clerk of the Council RE: Contract for legal representation with Bricklin Newman Dold, LLP DATE: April 30, 2008 Enclosed are two (2) originals of Contract for Services between Whatcom County and Bricklin Newman Dold, LLP for your review and signature. ■ Background and Purpose The Contractor shall represent Whatcom County in WWGMHB No. 08-2-0012c on the issues raised in the petitions for review challenging the adoption of Ordinance No. 2008-003 and Resolution No. 2008-007. Services shall be performed in concert with member(s) of the Whatcom County Prosecutor's staff, as directed by the Prosecutor or his designee. Funding Amount and Source The Council is requesting a budget supplemental in the amount of $100,000 to cover the term of the first contract and the term of this contract. The request will be considered at the Council's May 6, 2008 meeting. ■ Differences from Previous Contract "this is the second contract with this contractor regarding this matter. Please contact Marina Engels at extension 50730 if you have any questions or concerns regarding the terms of this agreement. Encl Whatcom County Contract No. WHATCOM COUNTY CONTRACT INFORMATION SHEET Originating Department: County Council Contact Person: Marina Engels Contractor's Name: Bricklin Newman Dold, LLP, Attorneys -at -Law Is this a New Contract? If not, is this an Amendment to an Existing Contract? Yes x No _ Yes No If an Amendment, previous number(s): Is this a renewal? Yes _ No Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 90.000.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services The Contractor shall represent Whatcom County in WWGMHB No. 08-2-0012c on the issues raised in the petitions for review challenging the adoption of Ordinance No. 2008-003 and Resolution No. 2008-007. Services shall be performed in concert with member(s) of the Whatcom County Prosecutor's staff, as directed by the Prosecutor or his designee. Nature of Contract Amt: ( Check one) Fixed Amount Not to Exceed x Open Ended Term of Contract.-3 weeks Expiration Date: May 7, 2008 Renewal Option Yes x No Last Renewal Expires: Special Dates or clauses that require calendaring: Contract Routing SteDs & Signof - [sign or initiall [indicate date transmitted 1. Prepared by: Marina En els Date [electronic] 2. Attorney reviewed: _KNF Date [electronic] 3. AS -Finance rewiewed: Date [electronic] 4. Corrections made: Date hard copy printed S. Attorney signoff: Date 6. Contractor signed: Date 7. Submitted to Exec Office Date %summary via electronic; hardcopies] 8. Reviewed by DCA Date 9. Council approved (if necessary) Date 10. Executive signed: Date 11. Contractor Original Returned to dept; Date 12. County Original to Council Date this form may need to expand to more than one page 67 Whatcom County Contract No. HIM TCOM COUNTY CONTRACT ATTORNEYREVIEW Isubmit via electronic transmittal] Originating Department: County Council Contact Person: Marina Engels Contractor's Name: Bricklin Newman Dold, LLP, Attorne s-at-Law First Review: F Approved As Is; Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: Olmplemented Attorney Corrections as Indicated OApproved, Prepare Hardcopy for Signoff OAdditional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. v.1.0 Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT LEGAL REPRESENTATION BY BRICKLIN NEWMAN DOLD, LLP BRICKLIN NEWMAN DOLD, LLP 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), pg. 8, Exhibit B (Compensation), pg. 9, Exhibit C (Appointment of Special Deputy Prosecuting Attorney), pp.10 —11. 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 6th day of May, 2008, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 315t day of August, 2008. The general purpose or objective of this Agreement is to: represent Whatcom County in WWGMHB No. 08-2-0012c, 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 90 000.00, The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this _ day of , 2005, CONTRACTOR: Bricklin Newman Dold, LLP David A. Bricklin, Attorney -At -Law STATE OF WASHINGTON ) ss. COUNTY OF On this day of , 2008, before me personally appeared the (title) of instrument and who acknowledged to me the act of signing and sealing thereof, Contract for Services Agreement Bricklin Newman Dold, LLP to me known to be (Company) and who executed the above NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Page 1 v 1.0 69 WHATCOM COUNTY: Recommended for Approval: Department Director 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: Address: 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 Mailing Address: 1001 Fourth Avenue, Suite 3303 Seattle, WA 98154 Contact Name: David A. Bricklin Contact Phone: 206-264-8600 Contact FAX: 206-264-9300 Contact Email: _ bricklin cDbnd-law.com Contract for Services Agreement Bricklin Newman Dold, LLP Page 2 v 1.0 70 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: Not Applicable 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interest of the County, Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." The Contractor reserves the right to terminate representation if the County fails to make payments on the outstanding balance(s) with the firm. It the Contractor chooses to terminate representation on this basis, they will notify the County in advance of the effective date of that decision. 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation Contract for Services Agreement Bricklin Newman Dold, LLP Page 3 v 1.0 71 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: Not Applicable 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. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor agrees that confidential information obtained from the County shall not be disclosed except upon the written consent of the County. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. Contract for Services Agreement Bricklin Newman Dold, LLP Page 4 v 1.0 72 34.1 Proof of Insurance: Not Applicable 34.2 Industrial Insurance Waiver: Not Applicable 34.3 Defense & Indemnity Agreement: Not Applicable 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall 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. Bricklin Newman Dold is representing (a) Foothills Friends in its opposition to a proposed major development (currently known as Balfour Village) in the Columbia Valley, Whatcom County, Washington as well as review and analysis of the 2007 Draft Foothills Subarea Plan; and (b) Squalicum Valley Community Association and others in their opposition to a Whatcom County conditional use permit for water service improvements to the Lake Whatcom Residential Treatment Center (LWRTC). By your signature below, you are waiving any conflict of interest our firm might have as a result of (1) our firm representing Foothills Friends with regard to any project or planning effort in or for the Foothill Subarea or the parties in the LWRTC case and (2) our firm representing Whatcom County with regard to Ordinance No. 2008-003 and Resolution No. 2008-007. In particular, Whatcom County will not object to our firm representing Foothills Friends or the LWRTC parties in any administrative or judicial proceeding pertaining to those matters, including any proceeding before the Whatcom County Hearing Examiner, the Whatcom County Planning Commission, the Whatcom County Council, or litigation that might arise from those proceedings. Whatcom County also waives the right to access information obtained by Bricklin Newman Dold in confidence from its other clients. 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, David McEachran, Whatcom County Prosecuting Attorney, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Contract for Services Agreement Bricklin Newman Dold, LLP Page 5 v 1.0 73 David McEachran Whatcom County Prosecuting Attorney 311 Grand Ave., Suite 201 Bellingham, WA 98225 37.2 Notice: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. Contract for Services Agreement Bricklin Newman Dold, LLP Page 6 v 1.0 74 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 Bricklin Newman Dold, LLP Page 7 v 1.0 75 EXHIBIT "A" (SCOPE OF WORK) The Contractor shall represent Whatcom County in WWGMHB No. 08-2-0012c on the issues raised in the petitions for review challenging the adoption of Ordinance No. 2008-003 and Resolution No. 2008-007. Services shall be performed in concert with member(s) of the Whatcom County Prosecutor's staff, as directed by the Prosecutor or his designee. Contract for Services Agreement Bricklin Newman Dold, LLP Page 8 v 1.0 76 EXHIBIT "B" (COMPENSATION) In consideration of the services performed under the terms of this Contract, the Contractor shall be paid a total not to exceed NinetyThousand Dollars ($90,000.00) to the end of the contract date of August 31, 2008. Billinq Procedures: The Contractor shall submit written claims on a monthly basis in any month where there is activity in this case for reimbursement of services provided unless otherwise approved in writing by the County. It is agreed that the Contractor shall be paid for his services within 30 days of receipt of the monthly claim and upon determination of accuracy. Monthly claims are to be submitted to the Clerk of the Council. Contractor's Fee Schedule: The Contractor will charge the County according to the following rate schedule: David Bricklin................................................$310 per hour for work on this matter Jennifer Dold.................................................$260 per hour for work on this matter Claudia Newman...........................................$260 per hour for work on this matter Devon Shannon.............................................$160 per hour Legal Assistants............................................$50 per hour The County will also reimburse the Contractor for all out -of pocket costs incurred on behalf of the County. These items include such things as travel expenses, copying expenses, long distance telephone charges, FAX charges, and computerized legal research charges. Contract for Services Agreement Bricklin Newman Dold, LLP Page 9 v 1.0 77 EXHIBIT C Whatcom County Prosecuting Attorney 311 Grand Avenue Bellingham, WA 98225 Appointment of Special Deputy Prosecuting Attorney WHEREAS, RCW 36.27.040 authorizes the Prosecuting Attorney to appoint a Special Deputy Prosecuting Attorney, and WHEREAS, the Prosecuting Attorney desires to appoint a Special Deputy to represent Whatcom County in WWGMHB No. 08-2-0012c to represent Whatcom County in WWGMHB No. 08-2-0012c on the issues raised in the petitions for review challenging the adoption of Ordinance No. 2008-003 and Resolution No. 2008-007. Services shall be performed in concert with member(s) of the Whatcom County Prosecutor's staff, as directed by the Prosecutor or his designee. That David Bricklin, and/or attorneys assigned by him from the law firm of Bricklin Newman Dold LLP, shall be and he/they are hereby appointed by the Whatcom County Prosecuting Attorney as Special Deputy Prosecuting Attorney(s) for the limited purpose of representation in the above -described legal actions. Dated this _ day of April, 2008. David S. McEachran Prosecuting Attorney Contract for Services Agreement Bricklin Newman Dold, LLP Page 10 v 1.0 78 STATE OF WASHINGTON ) )ss. COUNTY OF WHATCOM ) I, David Bricklin do solemnly swear that I will support the Constitution of the United States, the Constitution and the laws of the State of Washington, and I will to the best of my judgment, skill and ability, truly, faithfully, diligently, impartially and honestly perform and discharge the duties of the office of the Special Deputy Prosecuting Attorney in and for the County of Whatcom, State of Washington, according to the law and to the best of my ability, so help me God. David Bricklin SIGNED AND SWORN to before me this _ day of September, 2005. Contract for Services Agreement Bricklin Newman Dold, LLP NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires Page 11 v 1.0 79 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 — 184 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DBD 4/21/2008 4/22/2008 Introduction Division Head: 5/6/2008 P & D/Council Dept. Head. Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Request for extension of preliminary plat approval of Governor Rd. Phase II ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) 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.) Request for extension of preliminary plat approval of Governor Road - Phase II. Request submitted by Darcy Jones, PLS, AICP, Jones Engineering. COMMITTEE ACTION: COUNCIL ACTION. 4/22/2008: 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.whatcomwa.uslcouncil. :1 ENGINEERS April 17, 2008 Whatcom County Council Honorable Carl Weimer, Chairperson 311 Grand Avenue, Suite 105 Bellingham, WA 98225 111STRIS i en APR 1 2008 ALL NriL N 9 W I ts6,Py +lr -LTi ,�^ RE: Governor Road — Phase 2 (PUD 99-0004, LSS 99-0007), Plat Extension Request Dear Councilman Weimer: On behalf of our client, Hillside Associates, we respectfully request a one year plat extension for the Governor Road — Phase 2 Preliminary Plat. Governor Road — Phase 2 is a 77 lot subdivision located on the west side of Governor Road, north of Samish Way in Whatcom County, Washington. On May 3, 2001, the Whatcom County Council approved the Governor Road — Phase 2 Preliminary Plat, pursuant to AB 2001-145. The Revised Code of Washington (RCW) and the Whatcom County Code (WCC) allow an applicant five years to construct a preliminary plat, but provisions are made in both the RCW and the WCC for extensions of that five year period. Specifically, WCC 21.05.030(5)(a)(ii) states "[elach one year extension may be granted if after taking into consideration technical, economic and other matters beyond the control of the applicant the council finds that there is reasonable justification for the granting of an extension." On September 27, 2005, the Whatcom County Council, upon a request by Jones Engineers on behalf of Hillside Associates, approved an extension for the Governor Road — Phase 2 Preliminary Plat, pursuant to AB 2005-363. This extended the Preliminary Plat to May 3, 2007. That extension request was made so that the applicant could complete the storm drainage/hydroperiod monitoring on Heron Pond, which will be Governor Road — Phase 2's stormwater detention facility. The monitoring is a condition of the preliminary plat. The monitoring was performed from the end of 2005 through a portion of 2006. The monitoring is complete and has been approved by Whatcom County staff. On May 22, 2007, the Whatcom County Council, upon request by the Belcher Swanson Law Firm on behalf of Hillside Associates, approved an extension for the Governor Road — Phase 2 Preliminary Plat, pursuant to AB 2007-232. This extended the preliminary plat to May 3, 2008. That extension request was made so that the applicant could continue to work with the City on water service issues (described below). 4164 Meridian Street •Suite 200 •Bellingham, Washington 98226 •Phone (360) 733-8888 •Fax (360) 671-6666 Prior to the City approving construction plans for Governor Road — Phase 2 the city water system must have capacity to serve the plat. The City has secured capital improvement commitments for the construction of the Yew Street Upper Reservoir Project. The City has completed their water system design report prepared by CH2M-Hill and is actively evaluating site plan alternatives for the reservoir and associated access routes. Jones Engineers Inc. and Hillside Associates have been and continue to proactively work with the City and other property owners in the area to expedite the design process. The site design process is expected to be completed within a few weeks. The City expects to commence construction of the water tank and associated system improvements this year. If not for the water service issue, final engineering construction plans would have been submitted to the City of Bellingham and Whatcom County for review prior to the expiration of the extension granted by AB 2005-363. Hillside Associates intends to construct this plat once the water service issues with the City are resolved. Should you have any questions with regard to this request, please feel free to contact me. Thank you very much for your consideration of this matter. Best Regards, Darcy Jones, PLS, AICP, Jones Engineers, Inc. cc: Councilman Ward Nelson Councilman Seth Fleetwood Councilwoman Laurie Caskey-Schreiber Councilman Bob Kelly Councilman Sam Crawford Councilwoman Barbara Brenner Dana Brown -Davis, natcom County Council Clerk David Stalheim, natcom County Planning and Development Services Client WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 5280 Northwest Drive Bellingham, WA 98226 MEMORANDUM TO: Whatcom County Council -THROUGH: David Stalheim, Director �- FROM: Tyler R. Schroeder, Current Planning Supervisor DATE: April 29, 2008 DAVID STALHEIM Director SAM "J.E." RYAN Assistant Director SUBJECT: LSS1999-0007/PUD1999-0004, Governor's Road Phase II Extension Request This memorandum is in response to the April 17, 2008 Extension Request for Governor's Road Phase II (LSS1999-00007, PUD1999-00004), submitted to the Whatcom County Council by Darcy Jones of Jones Engineering. This extension request is the third and final one-year extension allowed subsequent to the original preliminary plat approval, which was May 3rd 2001. The applicable extension request code section WCC21.05.030(5)(a)(ii) states; The Whatcom County council shall have authority to grant three one-year extensions subsequent to the original preliminary plat approval. Each one-year extension may be granted if after taking into consideration technical, economic and other matters beyond the control of the applicant the council finds that there is reasonable justification for the granting of an extension. In granting each one-year extension the council may take into consideration such changes in rules, regulations, ordinances, or development standards, or portions thereof, that have occurred since the time the original approval was granted. The council may condition the extension so as to require compliance with any such subsequently adopted rules, regulations, ordinances, or development standards, or portion thereof, that the council deems necessary to protect the public health, safety and welfare. * *Please note that the code language allows for subsequently adopted regulations, ordinances, or development standards to be taken into consideration in granting the extension approval and/or be added as a condition of approval associated with the extension. Subsequent to the original preliminary plat approval, there have been changes to applicable ordinances and development standards which have been deemed necessary to protect the public health, safety and welfare. The first is an ordinance (ORD2008-011) amending WCC Title 20 to include Lake Padden as a Water Resource Protection Overly District, Stormwater Special District, and Water Resource Special Management Area. This ordinance was first adopted, on an interim basis (ORD2007-047), in September of 2007. The second is the adoption of the current Critical Areas Ordinance (ORD2005-068), in September of 2005. The preliminary approval of the subject project was reviewed under the 1997 Critical Areas Ordinance. The last are changes to the Department of Ecology requirements for stormwater quality treatment and applicable Whatcom County Development Standards, which have been updated since 1999. 1A2 Land Usc Division\2 land Usc DlvisionlDISCRET10NARY PERMITSEong PlatsESS 1999-07 Cooncil ca7cnsion M—Am Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 83 For the Governor's Road Phase II project to comply with the current Water Resource Protection Overlay District, Stormwater Special District, and Water Resource Special Management Area, Critical Areas Ordinance, and Whatcom County Development Standards the following is a preliminary list of requirements that would need to be met; i. The Cluster Design Standards require the lot configuration to be redesigned. The redesign must meet the requirements of WCC 20.71.351 (attached). ii. A note must be included on the face of the mylar stating that this plat is located in an area designated as a watershed protection overlay. iii. Open space reserve areas must comply with all criteria listed in WCC 20.71.352 (attached). Currently, the proposal does comply with the requirement listed under WCC 20.71.352(2)(b)(i). However, this may change due to the cluster design standards listed in WCC 20.71.351. iv. The current code states that 20% of the parent parcel may be covered by impervious surfaces (WCC 21.71.302). The parcel size as indicated in the application is 25.36 acres. However, Whatcom County does not allow the area within the proposed public right of way to be included in impervious surface calculations. There is proposed to be 3.78 acres within the road right of way. Therefore, the total parcel size used to calculate impervious surfaces would be 21.58 acres. The amount of impervious surface area allowed for this development would be 4.32 acres. The applicants must indicate whether they wish to pro -rate the amount of impervious surface area allowed, or whether they want to divide that impervious allowance evenly. The impervious surface allowances for each lot must be stated on the face of the plat. v. Current code states that 35% of the total existing tree canopy may be removed (WCC 21.80.735.2.d.i). The applicants must provide tree canopy calculations and indicate whether they wish to pro -rate the amount of tree canopy to be removed or whether they wish to divide the canopy area to be removed evenly. vi. Include a note on the face of the mylar which states that no activities leading to more than 500 sq. ft. of exposed soils may be allowed from September 1 to April 30 unless future changes to Whatcom County allow such activities (WCC 20.80.735.2.e) vii. Submit an engineered Temporary Erosion and Sedimentation Control (TESC) plan and an engineered TESC maintenance prior to any clearing activity. viii. Use the latest Department of Ecology requirements for stormwater quality treatment. ix. Development Standards that have been updated since 1999 be used, such as Chapter 5 Road Standards must be used. x. Pursuant to standard protocol, Best Available Science, and WCC16.16.255(D) requiring an updated wetland delineation and report pursuant to current standards and contemporary conditions. xi. Unavoidable adverse impacts to critical areas approved after avoidance and impact minimization per current standards are taken into direct consideration must be addressed by a compensatory mitigation plan consistent with today's standards as identified in WCC16.16.260, 16.16.265, 16.16.680, 16.16.680, 16.16.690, 16.16.761, and other pertinent sections of the 2005 CAO. xii. Minimize risks to public health and safety and reduce the risk of property damage by regulating the proposed development subject to the current 2005 CAO Article 3, geologically hazardous areas. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 84 These ordinances and development standards have been adopted and updated to provide additional stormwater controls and more stringent standards in regard to clearing activities to preserve and protect unique and important water resources. Other concerns at the time of adoption were that new development and building lots pose a serious risk to Lake Padden because of the creation of additional stormwater runoff and impact to the hydrology of the lake watershed and corresponding increases in phosphorus inputs in to the lake. Whatcom County PDS staff has reviewed the extension request and propose the following options: 1. Do not approve the extension request due to the substantial scope of the revision required to adequately address the changes in rules, regulations, ordinances, or development standards, or portions thereof that have occurred since the time the original approval was granted. Or 2. Remanded the Planned Unit Development and Preliminary Plat approval back to the Hearing Examiner for a public hearing and a recommendation to the Whatcom County Council, which implements revisions necessary to address the current Title 20, Title 16 and Development Standards for the subject development. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 85 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-121 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Committee Originator: / j — 428/08 5/6/08 of the Whole Wendy Wefer-Clinton W (Executive (ESession) S �VEDD Division Head � 428/08 I-- Karen Goens: AP�j B° 2008 Dept. Head: � yc �y2 OR N" hAli C"OM COUNTY I COUNCIL Prosecutor: Purchasing/Budget: Executive: tp�� TITLE OF DOCUMENT. ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion and negotiations update for County Council on expired collective bargaining agreements. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: wfvw.co.whatcom.wa.ecs/council. 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 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 Committee Of The Whole March 11, 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 CLOSED DISCUSSION 1. DISCUSSION AND NEGOTIATIONS UPDATE FOR COUNTY COUNCIL ON EXPIRED COLLECTIVE BARGAINING AGREEMENTS AND THE UNREPRESENTED RESOLUTION (AB2008-121) This item was withdrawn from the agenda. OPEN DISCUSSION 1. UPDATE ON REVIEW OF PDS ASSESSMENT OF RESOURCES AND PRIORITIES FOR LONG RANGE WORK PLAN (AB2008-059) Rebecca Craven, Council Policy Analyst, stated the Planning and Development Services Department Manager Stalheim presented the Planning Committee an assessment of resources available to the Planning Department and the long range work plan. She reviewed the assessment, budget, and staff. The Planning Committee will forward to the full Council new Comprehensive Plan docket items for 2008, and will confirm the docket of previously -docketed, unfinished items from 2007. She tried to track the staff assigned to long range planning from 2003 forward. She described the long-range planning staff history. They continue to be understaffed for the level of work. One recent change is a senior planner position that's been reassigned to land use. She went through the fourth quarter report and other information to review budget numbers. There was a wage and benefit lapse in 2007 of almost $600,000. The department has under -spent $111,000 so far this year due to vacancies. The County Code requires a continuing appropriation from administration to carry over money from one fiscal Committee of the Whole, 3/11/2008, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. year to another. It looks like there were no continuing appropriations of that Planning Department money. The unspent salaries from 2007 have lapsed. Councilmember Weimer is interested in undertaking mid -year review provided by the biennial budget ordinance and County Charter. Depending on the detail to which that happens, there are substantial revenue shortcomings in the budget proposed for the Planning Department, especially the subdivision review revenues. They are 22 percent of what they anticipated. Crawford stated they doubled those fees, and the revenue came in at 22 percent. Brenner stated this is a budget year. The mid -biennium review would have been done last fall. Crawford asked if Ms. Craven compared the subdivision revenue to 2008. In 2006, over 200 shortplats were submitted in a two -week period when the downzone was threatened. That may have been a peak in 2006. Craven stated she did not make that comparison. Brenner asked to compare the activity rather than the fees and revenues. Caskey-Schreiber stated they shouldn't have more subdivisions. She's pleased that statistic is down all over the county. Brenner stated there are plenty of places for people to build. A steady stream would be nice. Craven stated staff can find a comparison of the subdivision activity. Caskey-Schreiber stated the committee talked about the fact that they've budgeted for work on the limited areas of more intense rural development (LAMIRD's) and concurrency. They asked Mr. Stalheim to consider contracting out those two big projects. She would be inclined to support more money if needed. Weimer stated they allocated money for the agricultural program, also. Brenner stated the last staff person who worked on low impact development left to go work for an engineering firm. The County can contract for that work, also. Caskey-Schreiber stated that is not as easy as it seems. Brenner stated they have to start somewhere. People in the private sector have been working on it for the County when they were County employees. The County can contract with those former employees to continue that work. David Stalheim, Planning and Development Services Department Director, stated the concurrency issue mentioned has to do with parks, not transportation. They have the transportation concurrency issue covered, but not parks concurrency. Craven stated she identified a few tasks not on the long range work plan, which need to be added. Questions include whether the priorities should be modified, what level of staff resources should be assigned, and whether the expectations for the 2011 update are Committee of the Whole, 3/11/2008, 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. accurate. When looking at the urban growth area (UGA) reviews in the context of the 2011 update, regarding the adjustments to Blaine, it wasn't clear whether the resolution on the ten-year review said they'd be done by 2009. That wasn't clearly included in the staff allocation. The change from long-term planning areas to short-term planning areas in Ferndale and Birch Bay should also be reviewed as a result of the ten-year review. There's no proposed staff to deal with the response to the total maximum daily load (TMDL) study for Lake Whatcom. The prioritized list of staff allocation doesn't include any Planning Department support for the Lake Whatcom Management Plan unless something else shifts. That is of concern. Several plans are listed without any identified proposals for staff resources for implementation, including the Affordable Housing Task Force, the Cherry Point Management Plan, and the water resource inventory area (WRIA) Instream Flow Action Plan review. The biggest assumption of the resourced allocation summary is that there will be no new legislative initiatives from the County Council until the 2011 update. Mr. Stalheim assessed a need for additional staff and $500,000 in consultants per year over four years. Therefore, it's imperative that the Council review the list in detail and go through a prioritization exercise. Respond to the Planning Director's questions about which items have the highest priority and how to allocate staff time. The agricultural program is a perfect example of why that needs to happen. There are serious communication and priority differences between the Council and Executive. Those things need to be figured out. Brenner stated one reason for the moratorium was to develop a good purchase of development rights (PDR)/transfer of development rights (TDR) program. Nothing has happened with that. She asked if they discussed contracting that work. They exist in other places. There is a formula. Whatcom County can hire a consultant to modify programs from other jurisdictions. Caskey-Schreiber stated they have a program, but they need to identify more receiving areas. Fleetwood stated they've had this discussion for months. He asked how they formally embark upon making the final decision on whether the Council will support increased staff, and then present that decision to the administration. Focus on that question. He asked if the prioritization process presumes no additional staff. He asked if prioritization is necessary if they get additional staff. Kelly stated the Council must prioritize, regardless of its decision. The administration has asked the Council to prioritize. He asked the mechanism for the Council to do that. Caskey-Schreiber stated two years ago the Council allocated extra funds to contract out the Code scrub, concurrency, and LAMIRD's. If they haven't used that money, do an appropriation to put the contract into motion now. Existing staff will not be able to complete the work the Council docketed. Contracting is easy. Just hire a land use attorney. Nelson stated hiring a consultant is one way to do it, but that doesn't answer the question of criteria and defining what's important. If everything is equally important, then Committee of the Whole, 3/11/2008, 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. simply hire a contractor to do it all. However, the councilmembers don't agree on what is important. The Finance Committee talked about that process. A committee will have to start looking at each of these elements and then make a recommendation to the full Council. Caskey-Schreiber stated the staff brought forward the docket items, which she supports, in addition to two more items. Brenner stated they must budget more when more is happening, and then budget for less when times are not as good. People seem irate that people are paying more for everything. They are in a recession. Decide their highest priority issues and focus on them to get them done. The Council must show it's sensitive to the recession, rather than hiring more staff at this time. Fleetwood stated they must know the staff resources first. He asked if the idea is that the County Council will approve a supplemental budget request. Dewey Desler, Deputy Administrator, stated the administration will try to help the Council. Ms. Craven gave an accurate report. Big revenue problems are happening. There is a tremendous demand from law and justice and many other elements of County government. Consider how much money they have to spend from discretionary general fund revenue to pay for Planning and Development Services each year. Since 1999, they averaged about $250,000 per year. That amount comes from sales tax and property taxes. Other revenue comes from grants and fees. Therefore, the County spends $250,000 to support a fee -generating program called Planning and Development Services. That changed. Now, they're spending $2.5 million for Planning and Development Services. The revenue has not gone up. They are transferring a lot of revenue into the Planning and Development Services. The administration could use the Council's help with defining the priority issues for staff, and then the priority to accommodate the other tasks that go beyond the County's ability to pay for. He asked where they are willing to cut something else. The County fund balance is going down faster than projected. They are not taking in as much revenue, but more money was added to the budget in 2007/2008. Fleetwood asked if they make cuts system -wide, or just within the Planning and Development Services Department. Desler stated a lot of the cuts are within the Planning and Development Services Department, but they have problems elsewhere. Kelly stated the committee went through an exercise today that was productive. He asked the Council to consider having a work session to figure out the priorities for the Planning and Development Services Department and determine how to pay for it. Caskey-Schreiber stated she doesn't advocate for more expenditures. She asked what happened to the money the Council already budgeted for these projects. It was a significant amount of money they haven't used. The Planning Committee already went through a prioritization exercise today by docketing the Comprehensive Plan items for 2008. At least address those issues this year, whether or not the administration agrees with them. Committee of the Whole, 3/11/2008, Page 4 a 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. Figure out how to get the funds for which the Council already budgeted to Mr. Stalheim to get those things done. Brenner stated people have told her that fees generated go right into the general fund. Also, she never received information on what the different permits cost. Desler stated the fee and permit revenue goes into the general fund because the Planning and Development Services Department is a general fund department. Brenner asked what they've gotten each year out of fees and permits. Crawford stated it's in the budget. Craven asked if there has been a substantial shift in full-time equivalent (FTE) employee allocation, given that the revenue information reflects a substantial drop-off in building permits, subdivisions, and other development applications. Stalheim stated most of the salary savings they see are from the Permitting Division of the department, not long range planning. Now, they have one staff person with eight months of experience working on plats. Two people are doing permits. They get an incredible number of public disclosure requests. Those are not funded. It has become increasingly difficult to tie permit activity to the amount of time necessary to do the work. No one is sitting around the office. It's not possible to do that shift. Jim Thompson's position technically became Cathy Craver's position in Natural Resources. Fleetwood asked if they all agree with having a work session. Caskey-Schreiber asked the goal of a work session. She asked what they would prioritize. The Council will vote to docket Comprehensive Plan amendments tonight. She understands that there is more prioritization to do. The projects on the list are moving forward. Craven stated they would prioritize the items on the work plan list for long range planning. It won't be easy. Nelson stated they need criteria for prioritizing. Caskey-Schreiber stated that until the administration figures out how much can be contracted out, they won't know how much they have to work with. Weimer stated the administration won't know how many people they need until they know what the Council wants to do. Nelson stated the Council should establish simple criteria, such as preserving agricultural lands. Create weights to apply, such as amount of staff time needed. Fleetwood stated Ms. Craven could work on how this process would work well and develop criteria. The councilmembers could preliminarily agree on criteria. Work with staff on how many prioritized items the Council should consider. Then, the Council could have a very productive meeting. Committee of the Whole, 3/11/2008, Page 5 91 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 the administration has a sense of the Council's priorities, and also that they don't want to bust the budget. Crawford stated Ms. Craven can interview each councilmember with a set of survey questions about what each thinks is important for planning. Then, compile that information into some kind of report that the entire Council can vet and eventually send to the Executive. Craven stated those things that are important still have to translated into specific plans and programs. Crawford stated Ms. Craven can structure the survey questions so they'll allow her to do that. Brenner stated the two major issues are their priorities and the staffing levels. Those will be the two topics. Nelson asked Ms. Craven to interview each councilmember individually to come up with their own planning priorities and criteria to come up with five or six major criteria the Council can use in a decision -making process. The criteria may change the perspective on where certain projects go. That may hurt. If they don't do that, they won't get a handle on it. Kelly stated Mr. Stalheim said that all the things on the list would get done at some point. He asked if this is a process to determine what gets done first, apply a budget to those items given limited resources, and then have a discussion about whether they want to create additional resources to pay for other things. 2. UPDATE ON PROGRESS OF NEW SOUND SYSTEM IN THE COUNCIL CHAMBERS (AB2008-017) The Committee did not discuss this item. 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, 3/11/2008, Page 6 92 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 Committee Of The Whole March 18, 2008 Council Chair Carl Weimer called the meeting to order at 9:30 a.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 VIDEO RECORDING EQUIPMENT OPTIONS FOR THE COUNCIL CHAMBERS (AB2008-017) Joe Bates, Administrative Services Department, stated the Whatcom County communications plan should include the press, public meetings, video production, BTV10, the internet, and printed materials. He would like to hear what the Council thinks about how they should use video, especially in Council meetings. He is looking for direction as they build the budget for 2009-2010. There are options. Now, they use Lynn Barton and one camera. They pay Ms. Barton about $12,000 per year, which is below market value. They are paying for something that costs less than what it should cost. They also now pay BTV10 $50 per week to air Council meetings. There are issues with using only one camera and the current setup. They could stay with Ms. Barton and work with her to improve quality and add another camera, or they can go out for proposals for another contract. It's been determined that the $40,000 approved video system will not work for BTV10 broadcast purposes. They don't need it for the public system. Crawford asked if the $35,000 set aside for that video system in the 2007-2008 Budget is unused. Bates stated it is. They can do some capital improvements to the Council Chambers by adding robotic cameras like the City of Bellingham has. There has been some talk about purchasing a high-tech podium. The City's podium cost $55,000. There is $35,000 in the current budget, and they can save $12,000 per year from the current contract. He submitted a handout entitled "A Technical Guide for Building Automated Broadcast Production Systems for Tie-in to BTV 10" dated March 13, 2008 (on file). The handout includes some estimated costs, but it doesn't include the cost for consulting and installation. They would probably be around $50,000. If the Council decides Special Committee of the Whole -Video Equipment, 3/18/2008, Page 1 93 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. to do a live broadcast, they will have to develop something for the next year or so, while they put the system together. The City of Bellingham wants the County to be more involved with BTV10. The City is now airing the City committee and Council meetings live. It looks very good. A student from Western Washington University operates the cameras for BTV10. That's what the County would do. The County would enter into an agreement with BTV10 to do the same for County Council meetings. Now, BTV10 will air anything the County produces or sponsors outside of the Council meetings for free, unless they want to air something at a specific time. That's part of the franchise agreement. Outside production would be separate from the Council meetings, such as Health Department public service announcements. The County will build a production department to start creating videos to communicate with the public. He indicated the future locations of the automated cameras in the Council Chambers. The video production would include the name of the councilmembers and speakers, which is more professional. He showed photos of the BTV10 production facility. The County should improve the way it communicates. They shouldn't have to reinvent the wheel. If the Council decides to go live on BTV10, the administration will begin the request for proposals (RFP) process, work with Mike Russell on the details, and come back to the Council with more detailed cost estimates for Council approval. Until then, they have to either stay with Ms. Barton and hope that works out, get a different vendor, or not have video at all. The Council Office doesn't get very many calls about the current County Council production, but BTV10 gets many complaints. Video on the internet is another, completely different issue with a different presentation. There are lots of options for video on the internet. Without any video, they also can't do any internet video. If they don't produce Council meeting videos professionally, they can't be aired on the internet. The County Council is the center of a County video plan. The Council meetings and other Council -initiated productions are the hub of a wheel. Other projects are the spokes on that wheel. None of it can begin without input, cooperation, and money. County Council meetings are at the level of technology of about 1975. Skagit County and the City of Bellingham are both in the 21s' Century. The leap from where the County Council is now, below market value, is huge and will be a bit painful. They are paying about what they should have paid in the '70's. Do something that will bring them into the 215t Century, or do nothing. Crawford asked for an estimate. Bates stated his handout includes an estimate of capital improvement costs and fees for BTV10. The upfront capital cost is $41,000 just for the equipment, and $12,000 per year for fees to BTV10. There would be another franchise fee, but they don't know what that would be. The City has to decide what that franchise fee would be. It could be $10 or $1 million. Special Committee of the Whole -Video Equipment, 3/18/2008, Page 2 E 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 asked what the $12,000 per year for the City includes. Bates stated it includes production staff and a lease fee for their switcher. Crawford asked if $41,000 plus $12,000 a year gets them to where they want to be, and if the only unknown is the franchise fee. Bates stated the unknown cost is consulting fee and design for an engineer to design the system for the Chambers. Frankie Damman, Administrative Services Department, stated they would also have to pay for fiber-optic directly into this area. Crawford asked an estimate of the total cost. Bates stated that in addition to $41,000, the unknown cost estimate is about $50,000 at the very most. In addition to the $12,000 per year they know about, a rough estimate of the unknown costs for the franchise fee would be another $10,000 per year, for a total of $22,000 per year. Crawford stated the estimate is $90,000 up front plus $20,000 per year. Bates stated that would be a high estimate. Currently, for the old technology, they're paying about $12,000 per year, with no additional costs. They pay a little bit to the City of Bellingham. Bates stated the value of the service for which the County pays $12,000 now is really more than $25,000. They got an estimate from KVOS to shoot and edit the meetings. The estimate was $2,000 per meeting. Crawford stated KVOS has never been excited about recording the meetings. BTV10 only goes to Comcast Cable. However, Comcast Cable only reaches about half the households in the county. People who don't subscribe to Comcast Cable won't see the Council meetings. Bates stated they don't see them now. Point Roberts has no contact with the County Council unless they contact the Council Office. There may be a way to digitally broadcast to Mt. Baker Cable in Point Roberts. There may be other options. If they don't have the equipment, they can't do that. Crawford asked what BTV10 is doing to convert to high definition. Bates stated they will never be high definition. It's too expensive. BTV10 is already digital. Cable service is already digital. If people have cable service, they don't have to convert next year. It won't be worth it to invest in high definition cameras. Crawford stated everything is going high definition very quickly. He's very concerned that they will regret technology that isn't high definition in three years. Bates stated they could buy high definition cameras, if the Council approves. Nelson asked the estimated costs, other than the $41,000 and $12,000 annual costs. Bates stated he doesn't have those estimates. They're unknown. Nelson stated he wants to see those estimates. He asked if people all over the county who have computers could access Council meetings if this is internet-capable. Bates stated they could. It can be produced for the internet in any way the Council wants, as long as they have the equipment. They could stream it live. Special Committee of the Whole -Video Equipment, 3/18/2008, Page 3 95 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. Damman stated web delivery of Council meetings is a separate project that has ramifications for the Information Technology (IT) Division. They would need to research issues such as bandwidth, labor, and server costs. In general, it's much cheaper than outfitting the Chambers for video production. It's a separate project. Nelson asked if the proposal presented would make the video productions web - capable. Damman stated it would be web -capable. It could eventually be streamed. Crawford stated it wouldn't be web -implemented Weimer stated there is an additional cost. Damman stated that's correct. Nelson stated he is interested in web -delivery of Council meetings. Not many people in the rural areas have Comcast Cable. Bates stated that if the Council meeting wants to go live or record for the internet, without using BTV10, the County would have to build a television studio. It would cost hundreds of thousands. Brenner stated the city residents are part of the County, also. Language in the handout regarding sound equipment indicates that the microphones will pick up people from the back of the room who comment. However, the Council doesn't let people in the back of the room comment officially without coming forward. Bates stated they already have the sound system. They don't have to do anything with the sound system for video. If the Council wants to go forward with the BTV10 live idea, he will begin to work with Mike Russell and others to come back soon with more specific cost estimates. Caskey-Schreiber stated she likes the idea of having meetings air live. Crawford asked if BTV10 would still have to produce a recorded meeting even if the Council chooses to just broadcast via the internet. The County doesn't have a good way of producing a video for the internet currently. Bates stated the County would have to do everything in-house if they don't go with BTV10 for production. The costs increase significantly. Crawford stated that in this proposal, there is actually someone sitting at a controller in the City's facility. Bates stated that's correct. Kelly stated he would like to see an option that includes an upgrade of the existing system, with a limit on $35,000 they currently have. One of the biggest complaints is that they're short a camera. He's talking about updating what they currently have to include two cameras. The current system works well. They need two cameras. County revenue is going down. He would like to spend money on other priorities. Bates stated those new estimates will be for increased annual costs, not fixed costs. It will be at least three times what they're paying now. Kelly stated he expects to see that information in an option he just described. Bates stated he can do that. Special Committee of the Whole -Video Equipment, 3/18/2008, Page 4 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 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 he wants to see more information on the option of broadcasting live. Bring forward a menu of the different options. One option should probably be live audio and skip the video altogether. Fleetwood asked why they can't get a ballpark estimate on the franchise fee with the City. Bates stated the City has never developed such a fee. This would be the first one, and government moves slowly. The City supports the idea, but they just don't know what the fee will be. Nelson asked if this type of thing will help the Council and it's presentation. Dana Brown -Davis, Clerk of the Council, stated it would be great. It's nice to watch the City Council meetings. Weimer asked if the estimates include the projector. Bates stated it doesn't. Brenner stated she supports having both audio and video. She would like to know the cost difference between broadcasting live and just recording with an updated production. Crawford stated Councilmember Kelly's desire to upgrade the system only isn't adequate. He understands there is a shortage of funds. He moved to request that staff move forward with the proposal received today to use BTV10 and this new automated system with BTV10 controlling it, with the reservation that it becomes a budget item and final vote once they know the franchise fee. Bates stated all that information will come forward in a budget request. Weimer asked how this affects the things on their earlier list. He gets an equal number of complaints about how it's hard to find anything on the County's website. Bates stated that is a question for the IT Division. Weimer asked if approving this project would preclude anything for the website. Bates stated it would not. It's not an either-or decision. They may actually enhance the website. The County can't do certain things the Council may want for the website without this video production. They are very close now to not having any video production. The current vendor and system will fail any second, and they'll have to start over on an emergency basis. Crawford stated the current vendor will not be a vendor for a two -camera system. Motion carried unanimously. OTHER BUSINESS There was no other business. ADJOURN Special Committee of the Whole -Video Equipment, 3/18/2008, Page 5 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The meeting adjourned at 10:00 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 Special Committee of the Whole -Video Equipment, 3/18/2008, Page 6 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 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 March 25, 2008 Council Chair Carl Weimer called the meeting to order at 6:00 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 Caskey-Schreiber moved to go into executive session. Motion carried 4-0 with Brenner, Crawford, and Fleetwood out of the room. 1. DISCUSSION AND NEGOTIATIONS UPDATE ON EXPIRED COLLECTIVE BARGAINING AGREEMENTS AND THE UNREPRESENTED RESOLUTION (AB2008-121) 2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING TERMS OF PRIVATE COUNSEL REPRESENTATION - LAKE WHATCOM LANDSCAPE PLAN LITIGATION (AB2008-017) ADJOURN The meeting adjourned at approximately 7:00 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Committee of the Whole, 3/25/2008, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council March 25, 2008 Council Chair Carl Weimer called the meeting to order at 7:03 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 MINUTES CONSENT Absent: None Brenner moved to approve the Minutes Consent items. Motion carried unanimously. 1. SURFACE WATER WORK SESSION FOR NOVEMBER 13, 2007 2. SPECIAL JOINT CITY COUNCIL/COUNTY COUNCIL WORK SESSION FOR NOVEMBER 20, 2007 3. BOARD OF HEALTH FOR NOVEMBER 27, 2007 4. SURFACE WATER WORK SESSION FOR JANUARY 22, 2008 S. BOARD OF HEALTH FOR FEBRUARY 28, 2008 ANNOUNCEMENTS Pete Kremen, County Executive, announced that the County Courthouse achieved its LEED (Leaders in Energy and Environmental Design) certification. The Whatcom County Courthouse is third courthouse in the United States and the sixth existing building in the State of Washington to achieve LEED certification. It couldn't have been done without Councilmember Caskey-Schreiber and her effort to purchase 100 percent green power. That was a major factor in the County's ability to achieve LEED-certification. Recognize Whatcom County Conservation and Resource Analyst Christina Reeves for her work toward this goal. Whatcom County Council, 3/25/2008, Page 1 100 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. OPEN SESSION The following people spoke: Nancy Ging, 2386 Tuttle, Lummi Island, stated the Council expressed three major worries about not getting the proposed new ferry. One worry is the loss of $8 million from the State of Washington. The second worry is the risk regarding lane width. The third worry was about the steel electric thing in the engineer's report. The most credible concern is the lane width problem. The Council should vote down the current ferry proposal. It's too extravagant. Refurbish the Whatcom Chief deck house. Narrow the deck house in order to allow more car space, yet lose as little passenger space as possible. Do that work before the next Coast Guard inspection. Scale the ferry plan back to 24 vehicles, which is the same as the Guemes Island ferry. It would still increase capacity and minimize dock required changes. They would save that amount of money sent back to the State. Polly Hanson, 2781 West Shore Drive, Lummi Island, stated the Council should consider other options. Reduce the number of building permits so the ferry won't be so crowded with enormous trucks that take up half the ferry. Also consider electric buses to get people to the ferry. Reduce the vehicle space used will make the ferry last. They can apply for the $8 million again. Joseph Fugate, 13204-37th Avenue NE, Seattle, stated the economy is dead. Don't try to stimulate or revive the economy. Instead, they need a new economic system. There are three steps to survival. The Council should approve a resolution that supports the first of the three steps, which is approval of the Homeowners and Bank Protection Act. The resolution will pressure Congress to pass the Act. The second step is that they need lower interest rates, at one to two percent, for more productive industries. They need to rebuild. The third step is to create a new, just world economic system. The United States, Russia, China, and India will initially sponsor the new system. They will come together as equal partners and have fixed exchange rates. Lorraine Dukes, 2517 Island View Lane, Lummi Island, stated that in this current time of economic uncertainty and instability, it is inappropriate to approve a huge tax commitment for a ferry. It's premature to initiate planning for dock improvements and changes before they are certain about the future location of the docks. The current agreement with the Lummi Nation expires in a few years. Wait for improvement in the country's financial condition. Take time to thoroughly investigate all the ramifications. Vote against the current ferry proposal. Thoroughly explore all the alternatives. Jacob Johnson, 14041-30th Avenue NE, Seattle, stated he is with the LaRouche political action committee (PAC). He read the three main points from the Homeowners and Bank Protection Act. First, Congress would establish a federal agency to freeze mortgages as they are now. That will take a few years. They will have to freeze foreclosures during the transition period. (Inaudible). After a few years, create new mortgages at real values. The third point is that the State governors would take on most of the associated administrative tasks. Protect the banks, also. This legislation has passed in over 80 cities. Whatcom County Council, 3/25/2008, Page 2 101 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. Johnnie Grames, Maplewood Avenue, Bellingham, stated the economy and budget are on everyone's minds. A big new jail is proposed by the government. The interim jail is too small. Include the public in the debate about a new jail. They can build a reasonable jail in relation to everything else that is going on. The Council controls the budget. Anthony Guerrero, LaRouche Political Action Committee Representative, stated the Council should support the Homeowners and Bank Protection Act. Franklin D. Roosevelt suspended foreclosures for an unspecified period of time during World War II. The suspension was to allow people to keep their homes as a bankruptcy reorganization was conducted. Part of the reorganization was to redefine the purpose of the banking system, which is a servant of the development of the physical economy for the betterment of future generations. The federal government then generated credit to facilitate the re -capitalization of the banking system. It also authorized a national regional program to invest capital into basic infrastructure projects. Do that today to recover the current economy. Michelle Luke, 3342 Sunrise Cove, Lummi Island, stated transportation planning should be proactive, should solve problems, and helps to invest transportation resources wisely according to the Comprehensive Plan. It's important to link one community to the rest. They must take advantage of outside financial assistance. They have worked on this plan for ten years. Many things have been discussed. The Public Works Department surveyed all the voters and property owners on the island about the next capital investment. The result was vehicle capacity. The people here tonight convinced the County Council in 2000 to not apply for $14 million in federal funding that was available at the time. Now, they have an opportunity for the $8 million grant. There isn't an unlimited supply of grant money for their transportation system. The new ferry is necessary and timely. Bob Wiesen, 3314 Douglas Road, Ferndale, asked how much public money is being spent on the Whatcom Legacy Plan. He tried to attend this meeting last Friday, but the door was locked when he got there. The meeting was scheduled in the museum Rotunda Room. Public money is being spent on projects that have little or no public involvement. They are subsidizing special interests. Weimer stated that meeting is tomorrow. Wiesen stated these meetings include a select few. Brenner stated Mr. Wiesen should be on the committee. Wiesen stated someone is hand-picking who is on that committee. Fred Kinney, 4164 Legoe Bay Road, Lummi Island, submitted a petition from ferry crew members who are in favor of a new ferry (on file). The Whatcom Chief ferry violates the lane width requirements about 40 percent of the time. The 2005 design was specifically for increased vehicle capacity, compliance with Coast Guard safety standards, compliance with Americans with Disabilities Act (ADA) requirements, to meet future Environmental Protection Act (EPA) requirements, and to avoid dredging and the associated environmental impacts. It would be a shame to lose the grant. The boat is corroding. The boat isn't safe for very long. The reasons the Council originally authorized the new ferry design are compelling reasons to proceed with a new ferry. The plan has been in the making for more than ten years. Whatcom County Council, 3/25/2008, Page 3 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford asked how long has the proposed propulsion system been run and how many ferries use it. Kinney stated it was invented in 1927 and first applied to a ferry in 1937. Worldwide, more than 380 ferries use this system. Ian O'Callaghan, 2284 N. Nugent, Lummi Island, stated the Council needs to look at how the County spends its money. A bigger ferry boat will increase, not reduce costs. A bigger ferry boat moves more cars, but doesn't necessarily move more people. Be fiscally responsible. Not everyone on Lummi Island can afford higher ticket costs. Raising rates will reduce ridership. They will be stuck with a new ferry for a very long time. Choose wisely. Dennis Jones, 1487 Sudden Valley, stated there are unique communities in the county. Decide how much local communities contribute and allow access to areas. He asked if they can sustain Lake Whatcom as their drinking water reservoir without using very expensive secondary treatment. The data is consistent. They have a good chance. A recent change to about one -quarter of the watershed to preserve the watershed is vital. The watershed community should contribute. They have a chance to sustain basin three. The water at the deepest part of basin three is clean. The park district approach is one way to include the local community. Colleen Berg, 2109 Tuttle Lane, Lummi Island, stated she is opposed to the purchase of a new ferry. A new larger ferry is not environmentally friendly. It will require more fuel. Transportation planning is very important. State monies are available for inter -modal transportation. Get people out of their cars. That would help the ferry system and their carbon footprint. Focus efforts on inter -modal transportation, not vehicles. Bob Van Weerdhuizen, 7026 Noon Road, stated the County's criminal system has changed a lot during his lifetime. They are considering another jail. Make it a priority and get it going soon. OTHER ITEMS 2. ORDINANCE FOR PROJECT -BASED BUDGET REQUEST NO. 2008-02 FOR COUNTY ROAD PROJECT 905014, REPLACEMENT OF THE WHATCOM CHIEF (AB2008-109) Nelson reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Brenner stated she was initially opposed to this. She is not comfortable with the ordinance. She would like a presentation from a disinterested third party expert. The person who presented to the Council was the expert who has done ferry -related work for the County and said the Whatcom Chief is coming to the end of its service life. She is concerned about the safety, liability, and Americans with Disabilities Act (ADA) compliance issues. (Clerk's Note: End of tape one, side A.) Whatcom County Council, 3/25/2008, Page 4 103 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner continued to state that the County didn't explore enough choices. She is not thrilled with this option, but it seems this is the way it is going to be. Because she is concerned with those three issues, she can't support keeping the Whatcom Chief. Therefore, she will vote reluctantly in favor of the ordinance. Crawford stated the very first issue he learned about when he was elected to the Council was the aging ferry. Now, more than eight years later, he finally gets to vote on it. There is not much of a financial difference to the County between the cost of a new ferry and retrofitting the Whatcom Chief, when they add the State's $8 million grant for the new ferry. He is in favor of the ordinance. The Council should support this ordinance. This is an investment that will last another 40 years. Fleetwood stated the Council had many questions two weeks ago about the question of whether not they should buy a new ferry. The Council decided it would not make a decision until it got answers to those questions. He wants to make sure that all the answers to the questions are available. There were questions today about whether the new proposal is extravagant. He would like more detail from the administrations or the expert about whether the new ferry is extravagant. There is debate about whether this will ultimately increase the cost of future tickets. He would like to know if that's true. He can wait until April 8 to get answers. Brenner stated everyone says the Council shouldn't decide to buy a new ferry just because State money is available. She disagrees with the person who said other money will come along. Federal and State money is drying up. The County receives more and more unfunded mandates. There will be less money available in the future. Frank Abart, Public Works Department Director, stated the County Road Administration Board (CRAB) needs a decision by April 15 or 16, and the Council next meeting is April 8. The Council would have to decide by its meeting on April 8. Caskey-Schreiber stated the new ferry would increase operating costs by about 10 percent. It will need more fuel. She is still undecided. She wished they had a secure lease agreement for long-term use of the current dock site on Gooseberry Point. This new ferry was designed specifically for this route. If they change the route, they may have a boat that doesn't suit County needs. She is also concerned about increased fuel costs, increased staff needs, and other unidentified costs associated with a bigger boat. She's worried that people won't be able to afford to live on the island. She's not sure how to fix that concern. This is probably the best opportunity to get a new boat now, if a new boat is necessary. She's leery about keeping the Whatcom Chief as a backup boat if it has no service life left. The new ferry will cost the County about $7.5 million. That is a $5,000 subsidy per each of the 1,500 island residents. It's great that those households pay taxes and will try to pay more of the operating expenses. However, it's still a huge cost to the County. She's trying to figure out the best solution. Abart stated the County has a 25-year renewal for the ferry dock lease. They are trying to work with the Lummi Nation to meet their needs as well as the County's. Whatcom County Council, 3/25/2008, Page 5 104 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber asked if Mr. Abart is comfortable going forward with this boat and this design, without having that lease secure. Abart stated he is. About $4 million of the $7.5 million from the road fund are for dock repairs done as capital improvements that are necessary anyway. The docks are at the level of deterioration that they need to be replaced. The new ferry will burn more fuel because it's much larger. It's built to increase capacity, which is what this is about. It is designed to improve that capacity. They will also have increased costs with the current ferry. Fuel costs will escalate as the Whatcom Chief ages. Caskey-Schreiber asked if Mr. Abart would want to keep the Whatcom Chief if they purchase the new ferry. Abart stated those are different discussions. If the Council approves a new ferry, it has a year or two to decide whether or not to keep the Whatcom Chief. If he had to decide today, he would not keep the Whatcom Chief. They can barely afford to keep one ferry running, let alone two ferries. He would rather sell the Whatcom Chief to reduce their debt service. That's not been decided. That's not for him to decide. Nelson stated he agrees this is a very big decision. The Coast Guard has identified holes in the Whatcom Chief. The hull has deteriorated 25 percent, which can result in more damage and future repairs. He worries about safety during storm events or a collision. The concern should be about addressing how to provide capacity and public safety. If they don't purchase the new ferry, it will limit the number of people who go to Lummi Island. However, they may end up with no one getting off the island. Move forward. Use the money the County has been offered to take care of the problem. The money isn't always available. The cost of building a ferry will continue to rise. If the Council decides to wait and purchase a new ferry in a few years, it will take several years after that to get the new ferry. They will have to go through this process all over again. He reluctantly supports the ordinance because of the capacity and public safety issues. Brenner stated she was told a month ago that the new ferry design would work elsewhere. She asked if that is correct. Caskey-Schreiber asked if the new boat as designed could dock in Fairhaven, for example. Abart stated it could. The ferry is large enough that it can do that. Weimer stated he is not totally comfortable with the information he's received. He still hasn't seen a specific report that talks about the condition of the Whatcom Chief. A civil engineer talked to the Council about that today. It was the same information he'd seen previously. He talked to the people who did the inspection. They said there isn't a problem. Nelson stated it is a Coast Guard report. Weimer stated the Coast Guard said the County had to fix it, and the County fixed it. That's typical with steel boats. If there is a problem, they fix it. He wanted to see a report from a marine survey person who typically looks at the hull and the other parts of the boat to find out the life left in the boat. Also, he hasn't seen any estimate of what the cost of operating a new boat will do to the fares. They are raising the fares soon by over 50 percent in some cases. The increase Whatcom County Council, 3/25/2008, Page 6 105 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. depends on whether they keep the Whatcom Chief as a backup, staffing, and off -site ticket sales. To some degree, they will make it impossible for some people to live on Lummi Island anymore. He asked if the County currently has the ability for the 25-year lease extension, or if that option is in negotiation. Dewey Desler, Deputy Administrator, stated the current lease allows the County to extend the lease for another 25 years. They will have to negotiate the terms of the lease. If they can't come to an agreement, it goes to arbitration. The Tribe and County have agreed in advance on the arbitration. They've given up any claim for sovereign immunity to address this issue. It's a clear, solid lease. Fleetwood asked if the Council supports holding in committee for two weeks. Kelly stated he would be willing to hold this in committee for two weeks. He hasn't heard anyone tell the Council that this was a public safety issue or that the ferry lifespan is limited. Crawford stated the Council was told that in committee today. Kelly stated the other issue is that the ferry will be 20 to 25 percent of the road fund. Without it, the Council can add new road projects to the road fund. It may not be fair to the other taxpayers in the county to live with that burden, given that this will benefit approximately 1,100 people who live on the island. He hears overwhelming support to not purchase a new ferry from the folks who use the ferry every day. The majority of the folks he hears from on Lummi Island say they don't want a new ferry. For those reasons, he is not inclined to vote for the ordinance. He will support holding it in committee to get more answers. Weimer stated he is concerned about fuel costs in the future. In 40 years, they may not use the same types of fuel. They may not be doing good planning if the solution is buying a bigger boat that uses more fuel. They should consider other creative options. Brenner stated the Council committee was told today that there are safety concerns and that the ferry was nearing the end of its useful service life. Weimer stated the councilmembers were told that by a civil engineer who is being paid to be a part of this process. Brenner stated she's happy to listen to any expert who is willing to tell them otherwise. She has no problem with holding this item for two weeks. They keep talking about being environmentally responsible. They are developing environmentally -friendly, alternative diesel. It's a good thing this ferry has a diesel engine if that happens. She would like someone completely objective to tell them definitively about the remaining life of the ferry. The councilmembers aren't getting that information. Abart stated the new boat will have the tier three diesel engine, so they will be as clean at burning diesel as possible. The propulsion system is the most environmentally sound available. They spent quite a bit of time during design to figure out if they can use a Whatcom County Council, 3/25/2008, Page 7 106 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. hybrid system. Due to the cost and other design issues, it wouldn't work for this ferry. They are looking for green alternatives. Weimer stated his point was that the capacity issue that exists now, with big sport utility vehicles (SUV) taking up a lot of room, may not be an issue in the future if fuel costs continue to rise. Nelson read from the Council packet about the safety of the Whatcom Chief, according to the Coast Guard. The County assured the Coast Guard that it would address these safety issues and also protect the citizens from future problems with this ferry. Abart stated that is correct. Nelson stated that safety issues have been presented. The Council is responsible for taking this seriously. Regarding encouraging people to walk on the ferry, they've tried for years to encourage walk-on passengers, but they can't change things overnight. There are still issues of safety and capacity. Regarding fuel efficiency, the new engines will be more environmentally sound than the old engines, which don't have to follow current Environmental Protection Act (EPA) requirements. He asked if the new engines would meet the EPA requirements and what it would cost to upgrade the Whatcom Chief engines to meet the EPA requirements. Abart stated those regulations are being discussed. It could be several years before those regulations would be required, if at all. The industry is discussing fuel fumes and other issues right now. He has no idea how much it would cost to replace the engines. It would probably be less expensive to replace the engine rather than convert an old engine. Caskey-Schreiber stated they've forecast a ten percent increase in operating cost, which would require a ten percent increase in ferry rates. She asked if the ten percent is all the rate increase would be. Abart stated it depends on whether there are increases in operating and fuel costs. Caskey-Schreiber stated she would rather pay more up front for a hybrid engine. Abart stated it would require significant re -design of the ferry. For a ferry this size, that use would be experimental. This is their only ferry. They're not ready to do that yet. He asked that the councilmembers email him their specific questions. Fleetwood moved to hold to a special Council meeting on April 15. Caskey-Schreiber asked what the anticipated operating increases expected as a result of the new ferry are and when the new ferry would begin service. Abart stated the new ferry would begin service early in 2010. They will have to add an additional staff person on the boat. They will have to go to a four -person crew. Motion carried 4-3 with Crawford, Nelson, and Caskey-Schreiber opposed. PUBLIC HEARINGS 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 11.32, BOATING AND SWIMMING, SPECIAL RESTRICTIONS (AB2008-078) Whatcom County Council, 3/25/2008, Page 8 107 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated this is for Lake Terrell. There is a problem with wakes on Lake Terrell. It's disruptive to people who are fishing and to wildlife. The Washington State Department of Fish and Wildlife (WDFW) asked the County to adopt an ordinance to reduce speed so wakes are eliminated. Weimer opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. Motion carried unanimously. 2. ORDINANCE LIMITING, ON AN INTERIM BASIS, THE SIZE OF LARGE COMMERCIAL RETAIL ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER JURISDICTIONS WITHIN WHATCOM COUNTY (AB2008-112) Weimer opened the public hearing and the following person spoke: Bob Wiesen, 3314 Douglas Road, Ferndale, stated no other jurisdictions besides Bellingham and Ferndale are opposed to this. It's like the whole County is against big box stores. These rules don't work. The stores will go somewhere, and local citizens will go to those stores, even if they have to drive to Burlington, Lynden, or Seattle. If this is just about Wal-Mart, it's unfair to people with lower incomes. The Council has regulated away affordable housing to this group already. Now, the Council wants to regulate away affordable shopping. Hearing no one else, Weimer closed the public hearing. Brenner moved to adopt the ordinance. The County can't afford to provide urban infrastructure in rural Whatcom County. The Growth Management Act says economic development of an urban nature belongs in cities and their urban growth areas, not in the unincorporated parts of the county. They've seen examples of skyrocketing costs when major stores are located in inappropriate areas that don't have services. This is nothing new. This is not about Wal-Mart. It's about the size of retail establishments in unincorporated areas. The County is the purveyor of rural services, not urban services. Nelson stated they are trying to accomplish what Mr. Wiesen would like, which is to force the cities to put that development where it belongs, not in rural areas. They belong in urban areas, where services are available. Caskey-Schreiber stated people in the United States are giving up mom-and-pop stores by going to the big box store model. It's sad to see. They lose a lot when the economy is based on super -corporate entities like Wal-Mart. Motion to adopt carried 6-1 with Crawford opposed. 3. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2008-114) Whatcom County Council, 3/25/2008, Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer opened the public hearing and the following people spoke: Dennis Jones, 1487 Sudden Valley, Bellingham, stated he is opposed to continuing Lake Whatcom Water and Sewer District #10's building moratorium. (Clerk's Note: End of tape one, side B.) Jones continued to state that he's been to many meetings with councilmembers and County staff. That isn't allowed in other jurisdictions. Preserve land in the Lake Whatcom watershed by purchasing it, enticing people to not develop, and having restrictive covenants. Stormwater is the most important thing. Keep up with outreach and education. That lake is the model for the Northwest. Whatcom County is very good and keeping things open and listening to the public. Bob Wiesen, 3314 Douglas Road, Ferndale, stated planning by moratorium is not too successful. Bainbridge Island got in trouble for continuing moratoria and not solving the problems. The Council is afraid to do what needs to be done. The Department of Ecology has not come up with the total maximum daily load (TMDL) study so the Council knows what it's talking about and where the problems really are. Moratoria are bad ideas. Hearing no one else, Weimer closed the public hearing. Brenner moved to go into executive session with legal counsel for about five minutes to discuss a legal issue regarding potential litigation. Motion carried unanimously. (Clerk's Note: The Council went into executive session.) Brenner asked if the City of Bellingham has produced any Transfer of Development Rights (TDR) receiving areas. David Stalheim, Planning and Development Services Director, stated it has not. The County has receiving areas in the urban growth areas, but that requires the City to extend services, which it will not do. Crawford stated annexations that the City is processing currently include TDR receiving areas. Brenner stated this is most important to the people in Bellingham, who are half the county. The City of Bellingham should not rely on the County to give it land as receiving areas if it doesn't want development in the watershed. It's a concern. Other communities have allowed receiving areas. There isn't a workable TDR program. People don't have any incentive to transfer rights. Instead, the County just keeps saying to people that they can't develop their properties. That wasn't supposed to happen. Other areas shouldn't be the receiving area to Bellingham's benefit. Transfers need to happen within Bellingham and its urban growth areas. Don't allow low densities in the center of Bellingham with a ring of higher densities around it. Whatcom County Council, 3/25/2008, Page 10 109 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. Unidentified Councilmember moved to adopt the ordinance. Crawford stated he is against the ordinance for the same reasons he's expressed over the past eight years. When Mr. Ilyan came to the Council a month ago or so, this was the issue he was talking about. This is the reason he cannot subdivide. Caskey-Schreiber stated the County doesn't have a staff person working on the TDR program. They can't make a program happen. It's not all the City of Bellingham's fault. She supports the ordinance. She's heard that the TMDL study is done and will be released soon. A TDR program will be important. The goal is to do what's best for the watershed. Fleetwood stated he will support the ordinance, but the moratorium can't be forever. In the past, the Council has created moratorium response plans during its surface water work sessions. This ordinance as drafted is not just responsive to the TMDL study. It is also to evaluate impacts of future development in relation to reducing phosphorus loads. There are many things the County might do. Adopt this ordinance, and schedule a time to discuss an appropriate moratorium response plan for this ordinance. Brenner stated that's a good suggestion. She's been hearing for two years that the TMDL study is about to be released. Ecology is basically stopping development without giving the County anything. Also, the County promised a workable TDR program and/or purchase of development rights (PDR) program. Nothing has happened with it. She will support the ordinance this time. If those issues aren't resolved the next time this ordinance comes up, she'll never support the ordinance again. Nelson stated he is against the ordinance. The County has been waiting for the TMDL study for three years. The ordinance is an impediment to people who have been waiting for a solution. The County has done a lot of the work already. Monitoring and funding will be significant issues. Crawford stated he does not support the ordinance. The Department of Ecology developed a model and showed it to the County Council in 2005. They found Lake Whatcom was much more complicated than anticipated. It will be one of the most complicated TMDL studies done. The idea originally was that if they have a working model that makes sense and really puts pollutant loading into the lake, defined on a per house or per development basis, it doesn't make sense to allow any more subdivisions to occur until they know scientifically the specific impact of a development on the lake. They are attempting to make that connection. That's all this is about. TDR's and other things are side issues, but the original intent really had to do with whether or not the TMDL study would identify issues by development. One possible outcome will prevent any future houses, not just housing developments, and all construction will be stopped. The TDR program hasn't worked in the past because the TDR's only went into urban growth areas. Once these proposed annexations occur, the City will have those areas within the city limits for the first time. The City will also be able to provide water and sewer. In the long-term, there may be a real and substantial market for TDR's. Whatcom County Council, 3/25/2008, Page 11 110 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 he is in favor of the ordinance. There is clear evidence that development around the lake is the problem. Do not allow more subdivisions until they receive the TMDL, which will shed light on what they really need to do to reduce phosphorus loading. Motion carried 5-2 with Crawford and Nelson opposed. 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 24.05, ON -SITE SEWAGE SYSTEM REGULATIONS (AB2008-071) (REVISED) (COUNCIL ACTING AS THE BOARD OF HEALTH) Weimer opened the public hearing and the following people spoke: Bob Van Weerdhuizen, 7026 Noon Road, stated this is supposed to clean up the water. If there is a problem, check the water downstream for a fecal count. If there is a problem, fix it. He asked why Whatcom County can't do what Grays Harbor County does with dye in the system. Start at the waterways and work up. Check fecal counts and work up. John Wolpers, Health Department, gave a staff report. The document before the Council reflects changes from the last meeting. He explained the changes. Staff has been researching options to provide classes to homeowners. They've talked with all the other 12 Puget Sound counties and internally about low -interest loans and grants. Brenner asked if the cubic feet per second flow was changed. Wolpers stated it was not. Crawford asked how language in the proposed ordinance, section 24.05.160(A)(4), about the effective date of this chapter reconciles with the County's plan to start at sensitive areas. It sounds like that effective date applies to everyone. Wolpers stated that was a suggestion by the Prosecuting Attorney to assure that the regulation would go into effect. Crawford stated the language implies that all systems have an evaluation within one year. He asked if there is a phase -in area, starting with shoreline areas. Wolpers stated the State regulation came into effect on July 1. The Prosecuting Attorney felt language was necessary to show a start -date for when people must be aware of this regulation, when it goes into effect, and when the local management plan should be approved. Crawford asked if someone not in a shoreline management area must have an inspection within one year. Wolpers stated that the County regulations went into effect April 2, 2007. With that, homeowners are required to follow those regulations. They would need to begin operations and maintenance. Weimer stated that legally, everyone was supposed to have a professional inspection within one year of that date. According to the plan, the County staff isn't even going to start telling people that they need inspections, except in shoreline areas, for awhile. There is a difference between what's legally required and what the plan says. Wolpers stated that's correct. Van Weerdhuizen asked the cost of an inspection. Whatcom County Council, 3/25/2008, Page 12 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer stated it would be somewhere between $100 and $300. Brenner stated they have no idea what the charge will be. Van Weerdhuizen stated that's assuming he is guilty, not innocent before being proven he's guilty. They are charging him a fee, and they can't do anything about that. He has a problem with people coming onto his property to charge him money to tell him his septic system is working all right. Ralph Ripple, 8141 Birch Terrace Lane, Custer, asked why he has to pay for an inspection every year or so on his own property, at a cost to the homeowner. It's not right. It's ridiculous. He asked why they have to do this. Weimer stated it is a State requirement. Ripple stated they will apply more regulations in the future. Soon, only rich people will be able to live in the county. Someone else should pay for the inspections. There could be no end to how much this will cost in the future. They have enough regulations. Jordan Vander Veen, 1428 E. Pole Road, Everson stated this regulation has the same requirements for everyone regardless of where the property is. Target the inspections toward problem areas. Rachel Boswell, 6184 Bellwood Drive, Maple Falls, stated the cost of living is going up exponentially. However, living wages are not going up fast enough to meet the cost of living. Require inspections during a property sale or when a tank reaches a certain age. Set up a sliding fee scale based on how many people live at the household and how large the tank is. The people are being treated like children. It is not fair to people who are taking care of their tanks on their own. Many people can't afford this cost. Mel Marcoux, 6128 Kickerville Road, Ferndale, stated this plan is the most restrictive in the Puget Sound area. If people cannot afford $25,000 for a mound system in Whatcom County, they cannot live in their homes. Six thousand homeowners this year can expect to pay for professional septic inspectors. Whatcom has not set a maximum limit on how much the homeowners would have to pay, as other counties have. Other counties provide inspection training for free, Whatcom County requires homeowners to pay for the class. Whatcom County seniors pay the full amount. Other counties provide grants. Whatcom County residents were forced to pay an 18 percent credit card rate to install a mound system. Other counties provide 1.3 percent loans. The Health Department said they cannot trust homeowners to repay low -interest loans. Skagit County has not had any defaults on their loan program. The Whatcom County Health Department opposes a loan program because it did not receive a grant from the State. Crawford stated the County already passed this regulation. Tonight, the Council is loosening the regulations by allowing homeowner inspections. He asked if the proposal to allow Whatcom County homeowner inspections still makes Whatcom County inspections, aside from the financial assistance grants and programs. Marcoux stated it is. Homeowners in the other counties are not forced to pay a professional inspector at all if they take the class. As long as they are certified, they can do all their inspections all the time. Whatcom County Council, 3/25/2008, Page 13 112 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. Jamie Foti, 2773 Jensen Road, Bellingham, stated she just found out about this meeting. They need better public notice. She understands this is a State mandate. She asked if the County must do what Olympia tells it to. She asked what they are going to do for senior citizens. (Clerk's Note: End of tape two, side A.) Foti continued to state that it can cost $20,000 or more to redo a failing septic system. If a system fails, the homeowner must bring it into compliance within 30 days. Not many people can replace a system costing more than $20,000 in that time. Whatcom County needs to tell the State to re -think this regulation. Al Melton, 1420 Mt. Baker Highway, stated he is a senior citizen on a low fixed income. This will not solve the problem in Puget Sound. Septic outfits will push people into purchasing more costly systems. Fred Rinard, 3854 Cabrant Road, Everson, stated the Health Department asked for the total value and assessed value in a handout in October. He asked what that has to do with the septic tank. He is concerned that this is a money-maker for the Health Department. Only one other county requires a licensed inspector, at a cost of $204, to do one inspection. The rest of the counties allow people to do their own inspections. Ed Henken, 6960 Northwest Drive, stated they can't pass a requirement that says residents have to do all this in a year, and then not enforce it. The Council should modify that language. It's not possible to inspect all 30,000 systems in a year. If the fees cost $200, that's $6 million the County will take from the rural residents of the county. Make that language more realistic. Consider having staff perform the inspections instead of private providers. County staff can inspect for less. Come up with a less restrictive program. Petition the State representatives to have the State Department of Health come up with more meaningful Washington Administrative Codes (WAC's). This is an unfunded mandate from the State, which isn't allowed. Clare Fogelsong, City of Bellingham, read a letter from the Mayor. The City is not categorically opposed to onsite septic system (OSS) owner self -evaluations. His remarks pertain only to OSS in the Lake Whatcom watershed. The City submitted the letter earlier today (on file). He agrees with Mr. Henken. They cannot inspect all the systems in the county in a year. John Connell, 3307 North Shore Road, Bellingham stated this requirement is unduly burdensome. They arbitrarily require all septic systems to be inspected on the time schedule, despite major differences among the individual properties. Regulations compel him to have inspections with excessive frequency. He has two septic systems for his two- story home. The use on each system is halved, but the inspection burden is doubled. The systems are connected to an automatic pump to transfer sewage from one to the other in the unlikely event that one would approach the point of being over -burdened by heavy use. His two systems have been inspected recently. Both systems passed with flying colors. His inspector said that it would be amply sufficient to re -inspect and pump the systems at five-year intervals. The inspection schedule is overly stringent and excessively Whatcom County Council, 3/25/2008, Page 14 113 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. burdensome. Allow homeowners to follow an inspection schedule recommended for their properties by a duly licensed, expert, professional septic system contractor. Each owner can then file a certificate of inspection frequency. If he follows the advice of an expert, it should suffice to protect the lake and save him an unnecessary expense. Dennis Jones, 1487 Sudden Valley, stated he pays about $100 per month for his sewer system. He monitors creeks in the county. There is a problem. Septic tanks are one of the worst problems. However, give people a chance to monitor themselves honestly. Don't punish people for telling the truth. Keep working on the grants. This ordinance is an improvement and lessens restrictions. Judy Westoff, 4172 Squalicum Lake Road, stated this is one more government regulation. Bernie Schuyleman, 371 Lynden Birch Bay Road, stated he has his original permit that cost $2 in 1952. They recommended a 750-gallon tank. He installed a 950-gallon tank. It is a three -unit tank that has worked well for the last 55 years. He feeds his tank to make it work better. John Urban, 357 Birch Bay Lynden Road, stated that if the County wants to inspect something on his property, the County must pay for it. Don't force regulations on him and make him pay for it. The State doesn't require licensed inspectors to do the inspections. The County requires it. Patrick Grover, 3965 Loomis Trail Road, Blaine, stated the State regulations don't require professional inspections. That is a County regulation. The amendments are a good start to correct a regulation that is full of problems. This county doesn't have enough inspectors to inspect all of the systems at this frequency schedule. People are treated unequally. They have exempted the proprietary systems entirely. This legislation is not good. If there is a supposed failure, the Health Department should confirm whether or not a system is, in fact, failing. Steve Hatch, 4231 Squalicum Lake Road, stated this is a violation of his personal property rights. It's tough for people to come up with $30,000 to replace a failing system in 30 days, so they get evicted. People don't have a problem with inspections. They have a problem with paying for the inspections. Someone else had better pay for the inspections. Find out where the contamination is coming from, and cure the problem. Ron Marshall, 1430 Mt. Baker Highway, stated Thurston County allows people to become certified to do their own inspections during a free, one -day workshop. They also provide discounts and rebates for septic system supplies. Hearing no one else, Weimer closed the public hearing. Brenner stated it's important for people to have information. They can email her. She hopes they have free homeowner classes. That hasn't been decided yet. Proprietary systems have to be inspected every year according to State law. They are not exempt from inspection. They are prevented from using the more flexible schedule. The regulations will be more difficult for people with proprietary systems. She asked about language that legal counsel inserted. She asked the effective date of this chapter. Whatcom County Council, 3/25/2008, Page 15 114 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. John Wolpers, Health Department, stated Prosecuting Attorney Randy Watts recommended certain language. The effective date is April 2, 2007. House Bill 1458 referenced the year 2012 and talked about when they needed to know the condition of all known and unknown septic systems, and whether or not they've been repaired, in marine recovery areas. Brenner asked why Mr. Watts recommended the language. It's impossible. Weimer stated he will recommend a solution. The language as it is means that everyone in the county will be out of compliance as of April 2, 2008. He recommends a language change, "Within one year of the date of notification to the property owners of the requirements of this chapter." Caskey-Schreiber asked if the burden of proof on the County sending letters or the applicants to prove they received the letters. Weimer stated the County will send one notification. If it doesn't hear from homeowners, the County will send more notices. Crawford moved to adopt the ordinance. Weimer moved to amend Council packet page 245, 24.05.160(A)(4), "Within one year of the effeetive date of th.'.c ehapte date of notification to the property owners of the requirements of this chapter." Wolpers stated the staff's intent with the local management plan was to start in the marine recovery area, Drayton Harbor. They wanted to start in the shoreline areas and work their way out. The program will send out notification to all individuals. That notification will give homeowners an entire year to comply. The Health Department wouldn't be able to accomplish what it must by 2012 for the marine recovery areas. Brenner stated the amendment won't hinder the Health Department. The Health Department will determine when it sends out notification, according to how much the staff can do in a year. Weimer stated this has already been in effect, and the staff wants to hit Drayton Harbor sooner rather than later. The amendment makes the staff wait one year before they can start working on Drayton Harbor. Crawford stated he is against the motion to amend. It confuses the issue. He moved to amend Councilmember Weimer's motion to amend Council packet page 245, 24.05.160(A)(4)„ , aAssure a complete initial evaluation...." It will be up to the Health Department to notify folks how they will enforce the regulation. It takes away confusion. It's not that critical to state an effective date. In reality, this law becomes effective immediately. In reality, this law was already effective. Putting timeframes in this portion of the code creates confusion. Whatcom County Council, 3/25/2008, Page 16 115 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. Caskey-Schreiber stated that without a timeframe, everyone would be non- compliant. Give people an opportunity to get right before making them non -compliant. Now, people are supposed to have it done by April 2. Crawford stated he doesn't agree. The Council already passed this law. The issue they are dealing with is the enforcement schedule, which they already decided. They are going to go after shoreline management areas first, and move away from those as time goes on to eventually cover the entire county on a graduated timeframe. They are confusing the issue to put timeframes on this portion of the code. Brenner stated subsection 24.05.160(C) covers it. The classes can't be done until the Health Department figures out how to do them. Nothing will start until staff sets up classes. Wolpers stated the language can be removed, and the Health Department can accomplish the same thing. Remember that the regulation is already in place. The time clock is already there. This is the local management plan to drive how they are going to implement the regulation. The timeframe is based on how long it takes to work through the sensitive areas. Weimer accepted the Councilmember Crawford's motion as a friendly amendment. Motion to amend carried unanimously. Crawford moved to allow homeowners to perform operations and maintenance (O&M) inspections without licensed O&M specialists: • 24.05.160(A)(4) add language, "...and submitted to the WCHD. Alternatively, a homeowner who has completed the training specified in 24.05.160(C) below may perform this initial evaluation." • 24.05.160(C) delete language, "...Upon completion of training, OSS owners may perform their own evaluations . If OSS owners are discovered to be repeatedly noncompliant...." Brenner stated she supports the motion to amend. Mr. Wolpers said that Health Department staff would do surprise inspections at the County's cost. Those are plenty of incentives to get at the problem. The County already enacted the provision to require professional inspection at time of property transfer. Those requirements will ensure that they will catch all the systems with problems. It won't be worth it to have the extra charges. Caskey-Schreiber stated she understands that the purpose of the amendment is to ease the burden on the homeowners. (Clerk's Note; End of tape two, side 8.) Whatcom County Council, 3/25/2008, Page 17 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber continued to state that there are impairments to sensitive water bodies. The County has put a lot of money toward fixing those areas. If they are to follow the intent of the State measure, it's a good idea to have a professional assessment initially. Brenner asked if they could require a professional inspection initially, and then allow homeowners to do their own inspections from then on. Wolpers explained the history of the legislation. Homeowners are allowed to do their own evaluations. The Onsite Sewage Subcommittee didn't feel that homeowners in sensitive areas shouldn't do their own evaluations. Crawford asked if a water body in Whatcom County has been documented to be polluted by a residential septic system. Wolpers stated the State did a shoreline survey of Drayton Harbor and found a fecal coliform hit, and found failed systems. Crawford stated that was never documented. That occurred simultaneous with the repairs to the Blaine sewer system. They can say there is a possible connection. Wolpers stated the outfall wasn't anywhere close to the Blaine sewer treatment plant. It was on the other side of the harbor. Crawford stated it was near the creek where the fecal coliform was. Wolpers stated his example happened just within a couple of years. Regina Delahunt, Health Department Director, stated they periodically find failed septic systems that have lines into the creek. Periodically, monitoring is done in streams. The Health Department is notified of high fecal counts, will look at systems upstream, and will find systems draining into the creek. Crawford asked how frequently that occurs. Delahunt stated the failure rate is between five and ten percent countywide. Crawford asked how they know if a failing septic system is hurting anyone, especially if it's not near a creek. Delahunt stated that if it is on the surface of the ground, people and animals can come in contact with it. No one would say that coming in contact with raw sewage is a good idea. Crawford stated he is trying to make the connection between this enforcement effort and where they know specifically for a fact that harm is being done to rivers and creeks. He asked how many cases they've found of a pipe going into a creek. Delahunt stated that is not an uncommon occurrence. It used to be more common years back. They do find hot lines into a ditch or creek. Some people know it's happening. Other people may not realize it. Councilmember Crawford's amendment is reasonable. It is similar to what the staff first proposed for the regulation. The only difference is the sensitive areas. Not that many people will inspect the septic systems themselves. The people here tonight will make the effort to do that. Out of the 30,000 systems in the county, only a small percentage of people will take the classes and do their own inspections. The motion to amend is reasonable. Crawford amended his motion to allow homeowners to perform operations and maintenance (O&M) inspections without licensed O&M specialists: Whatcom County Council, 3/25/2008, Page 18 117 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. 24.05.160(A)(4) add language, "...and submitted to the WCHD. Alternatively, a homeowner who has completed the training specified in 24.05.160(C) below may perform this initial evaluation, except in the sensitive areas as defined in the WCC 24.05.040 Definitions for "Shoreline Management Areas"." 24.05.160(C) delete language, '...Upon completion of training, OSS owners may perform their own evaluations . If OSS owners are discovered to be repeatedly noncompliant...." Brenner stated the people here tonight represent those who will take the class because they want to take care of their own systems. Not everyone will want to take the class. People will understand why they should take care of their system. If a system fails, it will cost a fortune, no matter what. Weimer stated he is against the amendment. It's important that the County get a sense of the status of the septic systems through a first-time, initial evaluation of all the systems, so they know whether or not the systems are failing. Brenner stated she supports the amendment. People in sensitive areas who take care of their systems ought to be treated the same. Motion to amend failed 3-4 with Nelson, Brenner, and Crawford in favor. Crawford stated they are still going to far. He is opposed to the ordinance. Brenner moved to amend section 24.05.160(C), "24.05.160(C) delete language, Upon completion of training, OSS owners may perform their own evaluations few So If OSS owners are discovered to be repeatedly noncompliant...." Crawford stated he supports the amendment. It addresses Councilmember Weimer's concern. He asked how the Health Department conducts surprise inspections. Wolpers stated they currently evaluate reports of system status from the licensed O&M specialists. The staff will go to a site and verify the report. Weimer stated he is against the motion because it opposes what the City of Bellingham discussed. Motion to amend failed 3-4 with Nelson, Brenner, and Crawford in favor. Brenner stated these changes are better than it was. It's not as good as she would like, but it's better. Nelson stated he is opposed to the ordinance. It puts the onus on the homeowner. All they're doing now is making this difficult for compliance. Someone can take a class and not do anything but fill out a piece of paper for six years. Most people have someone check the tank every six years, anyway. That doesn't count. Whatcom County Council, 3/25/2008, Page 19 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated voting against this means the restrictions that are more stringent will remain. Caskey-Schreiber stated the County should offer classes at no cost. Crawford stated he hopes the Council votes to reduce the regulations, but out of protest against these regulations, he will vote against the ordinance. Motion to adopt as amended carried 5-2 with Nelson and Crawford opposed. S. RESOLUTION ADOPTING A WHATCOM COUNTY ON -SITE SEWAGE LOCAL MANAGEMENT PLAN (AB2008-072) (REVISED) (COUNCIL ACTING AS THE BOARD OF HEALTH) Weimer opened the public hearing and the following people spoke: John Urban, 357 Birch Bay Lynden Road, stated that if the County wants to inspect something on his property the County should pay for it. Taxpayers can be educated and do their own inspections. Mike Skehan, 2040 Granger Way, Lummi Island, stated he supports the resolution. It assures public health. It is a reasonable proposal. The cost is about $200 every seven to nine years. People on sewer systems pay a considerable amount to make sure their sewage is properly treated and maintained. The burden for septic system owners should not be entirely negated. He thanked the Health Department and Council for being receptive to changes. Councilmember Brenner has been very supportive. Fred Rinard, 3854 Cabrant Road, stated the State of Washington handed out $4.1 million dollars to the counties. He asked how much Whatcom County received and how it used the money. Ed Henken, 6960 Northwest Drive, stated he appreciates these modifications. They are almost right. A problem in North Bellingham was with high nitrates, caused by a huge chicken farm. The farm contaminated the ground with chicken manure, to the extent that it had very high nitrates, which caused methemoglobinemia in infants. That problem wasn't caused by septic tank failures. Continue to petition the State legislators to have the State Department of Health come up with more realistic requirements. He was Bellingham City Engineer for eight years. He was there when they built the water treatment plant in Lake Whatcom. Bellingham's short-sightedness and mistakes went back long before that. Bellingham should not have dumped bacteriological clean water from the Middle Fork through farms and into Lake Whatcom. Rather than trying to remove people from the watershed after the fact, which is what the Council is essentially doing, Bellingham ought to take the water it needs, run it around the lake with a pipeline, put a scrubbing plant in somewhere, and then treat it. People are concerned about medications getting into the water. That will happen in a lake. There are impacts from seagulls, ducks, and other birds. That will happen as long as Bellingham keeps using the lake as an open reservoir. He's pleased with what the Council has done. The Council should do more. Whatcom County Council, 3/25/2008, Page 20 119 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. Unidentified Speaker stated the councilmembers should remember that people voted for them. Al Melton, 1420 Mt. Baker Highway, stated $20 million was allotted to clean up Puget Sound. Whatcom County's share was probably the $4.1 million that Mr. Rinard talked about. Counties to the south received money from the State and set up programs that work well. Thurston County and Skagit County received money. According to his information, Whatcom County never applied for any money. Drayton Harbor has been plagued with problems for a number of years. There have been instances of dairy manure and sewer lines having problems. Victoria, British Columbia dumps their raw sewage into the Puget Sound. There are more problems with stormwater from roads and roofs. Mel Marcoux, 6128 Kickerville Road, stated there is evidence that counties have received $4.1 million. He forwarded that information to Councilmember Brenner. Skagit County got $2 million. Hood Canal and other areas got a few hundred thousand dollars each. That money finances the pumping and inspection fees for seniors and low -interest loans for everyone else. Science can tell whether fecal bacteria comes from an animal or human. Whatcom County should investigate that information. If people are definitely the cause, then he will cooperate 100 percent, but not if they're not sure. Gordon W. Scott, 5241 Turkington Road, Acme, stated a tank has to be pumped every time it's inspected. He asked if that's correct. Weimer stated it isn't. Some people will allow a discount if a homeowner does pumping and inspection at the same time. Hearing no one else, Weimer closed the public hearing. Brenner stated other counties got grant money from the State for several things, including setting up programs. Weimer stated he would like to know what grant program that came from. Brenner stated it wasn't a grant program. It was money made available. The Health Department knows about it. Mr. Wolpers said the County stopped providing low -interest loans because it wasn't working. Nelson moved to approve the resolution. Motion carried unanimously. -76. RESOLUTION ESTABLISHING WHATCOM COUNTY CODE 2.93, BIRCH BAY WATERSHED AQUATIC RESOURCES MANAGEMENT ADVISORY COMMITTEE (AB2008-129) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Weimer opened the public hearing and the following person spoke: Whatcom County Council, 3/25/2008, Page 21 120 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kathy Berg, 7585 Sterling Avenue, Birch Bay, stated the Council should approve the resolution. Hearing no one else, Weimer closed the public hearing. Caskey-Schreiber moved to approve the resolution. Crawford referenced section 2.93.020 in Exhibit A. He asked if there will be an application process. Weimer stated there will be. Crawford stated there is a considerable amount of area out there that is heavy industrial. They should have representation. Weimer stated the language doesn't specify certain representatives because they were worried they wouldn't get applicants. The Public Works Department suggested an amendment to Exhibit A. Now, the language allows the advisory committee to ask the Public Works Department to staff that committee as much as the committee wants. Brenner stated all requests should come through the Board of Supervisors. Weimer moved to amend section 2.93.050, "Whatcom County Public Works shall provide staffing for the advisory committee to provide agendas, minutes, and other support as requested. The committee is authorized to request from the Executive's Office information from administrative departments as necessary." Most advisory committees are authorized to request information from the Executive. Motion to amend carried unanimously. Motion to approve the resolution as amended carried unanimously. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 16. Items two, five, and seven are substitute. Motion carried unanimously. 1. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-03 (AB2008-135) 2. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-04 (AB2008-136) 3. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-05 (AB2008-137) Whatcom County Council, 3/25/2008, Page 22 121 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. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-06 (AB2008-138) S. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-07 (AB2008-139) 6. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-08 (AB2008-140) 7. RESOLUTION TO SET HEARING TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-09 (AB2008-141) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-21 TO SOLE BIDDER, CONCRETE TECHNOLOGIES CORPORATION, FOR PRE- STRESSED VOIDED SLAB BRIDGE GIRDERS IN THE AMOUNT OF $166,816.51 (AB2008-142) 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE THE USE OF THE WASHINGTON STATE CONTRACT TO PURCHASE AUTO PARTS FOR MAINTENANCE OF COUNTY VEHICLES AND EQUIPMENT FROM LOCAL FRANCHISE DEALERS OF CARQUEST AND NAPA PARTS IN AN AMOUNT TO EXCEED $35,000 (AB2008-143) 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WESTERN WASHINGTON UNIVERSITY SMALL BUSINESS DEVELOPMENT CENTER FOR FUNDING FOR PHYSICIAN RECRUITMENT IN THE AMOUNT OF $19,980 (AB2008-144) 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF NOOKSACK TO PROVIDE FCZD FUNDING TO ASSIST IN PROVIDING THE MATCH TO GRANT FUNDS IN THE AMOUNT OF $25,000 (AB2008-145) (COUNCIL ACTING AS THE FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #07-15 TO MILLER'S PAINTING FOR ADDITIONAL MISCELLANEOUS PAINTING OF WHATCOM COUNTY BUILDINGS IN THE AMOUNT OF $60,000 (AB2008-146) 13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT WITH JIM SNYDAR AND WHATCOM COUNTY FOR LEASE OF 80 ACRES OF LAND FOR FARMLAND USE AT HOVANDER HOMESTEAD PARK IN THE AMOUNT OF $3,000 (AB2008-147) 14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM TO PROMOTE, EDUCATE AND ADVOCATE FOR TECHNOLOGY BUSINESS AND TECHNOLOGY -BASED ECONOMIC DEVELOPMENT IN WHATCOM COUNTY IN THE AMOUNT OF $48,000 (AB2008-148) Whatcom County Council, 3/25/2008, Page 23 122 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. 15. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-09 TO LOW BIDDER TOPSIDE ROOFING & CONSTRUCTION FOR REPLACEMENT OF THE ROEDER HOME ROOF IN THE AMOUNT OF $42,362.72 (AB2008-149) 16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT WITH THE WHATCOM LAND TRUST FOR THE ASSIGNMENT OF THE TRANSFER AND SALES AGREEMENT, ASSIGNMENT OF THE DEED OF RIGHT, AND A CONSERVATION EASEMENT FOR APPROXIMATELY 90 ACRES OF UPLAND AND 40 ACRES OF TIDELANDS AT LILY POINT, POINT ROBERTS WASHINGTON, IN THE AMOUNT OF $600,000 (AB2008-153) OTHER ITEMS 1. ORDINANCE ADOPTING 2008 BUDGET SUPPLEMENTAL REQUEST #5, IN THE AMOUNT OF $''"�4 $848,274 (AB2008-127) Nelson reported for the Finance and Administrative Services Committee and stated the correct amount is $848,274, not $248,274. He moved to adopt the ordinance. Motion carried unanimously. Crawford stated this is a pretty remarkable thing. It merits words of recognition. Caskey-Schreiber stated the Council can have an update on Lily Point at another meeting. 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT WITHIN THE CITY OF BELLINGHAM UGA FOR APPROXIMATELY 12 ACRES OF SAN JUAN BOULEVARD AND YEW STREET ROAD (AB2008-150) Fleetwood reported for the Planning and Development Committee and moved to approve the request. Motion carried unanimously. 4. COUNTY EXECUTIVE REQUESTS CONFIRMATION OF HIS APPOINTMENT OF BERT RUBASH TO THE MARINE RESOURCES COMMITTEE (AB2008-151) Weimer moved to confirm the request. Motion carried unanimously. S. RESOLUTION DESIGNATING THE WHATCOM COUNTY COUNCIL CHAMBERS AS A SITE FOR WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES PUBLIC AUCTIONS (AB2008-133) Brenner moved to approve the resolution. Whatcom County Council, 3/25/2008, Page 24 123 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. Motion carried unanimously. 6. RESOLUTION ESTABLISHING A JOINT COMMITTEE OF THE WHATCOM COUNTY COUNCIL, THE BELLINGHAM CITY COUNCIL, AND THE LAKE WHATCOM WATER AND SEWER DISTRICT (AB2008-134) Weimer moved to approve the resolution. Crawford stated they've always had this committee. He asked what is different from the Joint Lake Management Committee. Weimer stated this is a subgroup of the three agencies, which will make recommendations to the Joint Lake Management Committee. The subcommittee consists of two members of the County Council's Natural Resources Committee, two members of the City of Bellingham Lake Whatcom Committee, and one person from the Lake Whatcom Water and Sewer District. Crawford asked if a councilmember who wants to participate in this subcommittee has to be a member of the Natural Resources Committee. Brenner stated councilmembers can go to the meetings. Caskey-Schreiber stated they're public meetings. (Clerk's Note: End of tape three, side A.) Motion carried unanimously. CORRESPONDENCE APPROVAL 1. LETTERS SENT TO SENATOR PATTY MURRAY, SENATOR MARIA CANTWELL, AND CONGRESSMAN RICK LARSON REGARDING SWIFT CREEK FUNDING REQUEST (APPROVED FOR DISTRIBUTION ON MARCH 11, 2008, AND MAILED OUT ON MARCH 12, 2008) (AB2008-027) Weimer stated this item is only an announcement. INTRODUCTION ITEMS Brenner moved to accept the Introduction Items. Motion carried unanimously. 1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-03 (AB2008-135A) Whatcom County Council, 3/25/2008, Page 25 124 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-04 (AB2008-136A) 3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-05 (AB2008-137A) 4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-06 (AB2008-138A) 5. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-07 (AB2008-139A) 6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-08 (AB2008-140A) 7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-09 (AB2008-141A) 8. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING FEES IN THE WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085A) (AKA -THE CRAWFORD VERSION") 9. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING FEES IN THE WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085B) (AKA "THE WEIMER VERSION") OTHER BUSINESS Pete Kremen, County Executive, stated the Executive's Office is getting the word out to Lake Whatcom watershed residents about proper lawn landscaping and fertilizing, now that it's Spring. They will urge all to reduce phosphorus in their landscape activities. Phosphorus loading has the most adverse affect to the lake. They must get more aggressive about preventing phosphorus loading via landscape activities. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Crawford stated a developer told the press he no longer wanted to pay for the road that comes out of what used to be Birch Bay Drive. Public Works Director Frank Abart said there are productive negotiations that won't put the County in a financial predicament. He will be prepared to address the Council with an update in about two weeks. ADJOURN The meeting adjourned at 11:05 p.m. Whatcom County Council, 3/25/2008, Page 26 125 1 2 3 4 5 6 7 8 9 10 11 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Whatcom County Council, 3/25/2008, Page 27 126 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 0. s§: Council Vice -Chair Seth Fleetwood called the meeting to order at 6:00 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner Carl Weimer Bob Kelly Sam Crawford Laurie Caskey-Schreiber L. Ward Nelson Brenner moved to go into executive session to discuss the three agenda items for 60 minutes. Motion carried 5-0 with Crawford out of the room. 1. DISCUSSION AND NEGOTIATIONS UPDATE ON EXPIRED COLLECTIVE BARGAINING AGREEMENTS AND THE UNREPRESENTED RESOLUTION (AB2008-121) 2. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDALL WATTS REGARDING PENDING LITIGATION (AB2008-018) 3. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2008-018) OTHER BUSINESS ADJOURN The meeting adjourned at 6:56 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Vice -Chair Committee of the Whole, 4/8/2008, Page 1 127 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council 0192F.11111190 Council Vice -Chair Seth Fleetwood called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner Carl Weimer Bob Kelly Sam Crawford Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS Fleetwood announced that the following items were discussed during executive session during the Committee of the Whole meeting: • Discussion and negotiations update on expired collective bargaining agreements and the Unrepresented Resolution (AB2008-121) • Discussion with Chief Civil Deputy Prosecutor Randall Watts regarding pending litigation (AB2008-018) • Discussion with Senior Deputy Prosecutor Karen Frakes regarding pending litigation (AB2008-018) OPEN SESSION The following people spoke: Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated he's looking into a new main jail at a cost of $100 million and it will hold 1,000 prisoners. It will cost about $60 a day. They need more than the interim jail, but make sure the process is open. It's difficult to get information. The sales tax doesn't provide enough money for that jail. They will have to pass a vote. Jails are schools of crime. Gangs are run out of prisons. More than two million people are in jail. Russians will have to retaliate if the United States shoots missiles at them by computer. Computers make mistakes. That's a disaster. Peter Ilyin, 1044 Geneva Street, Bellingham, stated his family has a property issue. His father has a three-quarter acre parcel at 1044 Geneva Street. It has been under a building moratorium since January 2005. Nothing has changed since then. His father is willing to give him half the lost, but the moratorium prevents them from dividing the lot. Whatcom County Council, 4/8/2008, Page 1 128 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. He can only get a mortgage for $150,000. Lift the moratorium. He asked what's been done since the moratorium was enacted. Fleetwood stated many things have been done. The Council is committed to coming up with a moratorium response to lift the moratorium. Ilyin read a portion of a letter from Councilmember Crawford to the Council regarding the moratorium dated February 27, 2008. Brenner stated the Council is supposed to receive something from the total maximum daily load (TMDL) study in a few weeks. If the Council doesn't receive anything soon, she will no longer support the moratorium. Art Thomas, 2620 Island View, Lummi Island, stated the state offered grant money to the County for a new ferry boat. The ferry lanes are too narrow. People can't get out of their cars, but the residents won't complain. He's concerned that if someone does file a complaint, it will become a ten -car ferry. Use the grant money to fix the issues. Don't throw the money out the door. Robin Aspman-O'Callaghan, stated they should talk to the State about fiscal responsibility before accepting the ferry grant. The new ferry design is not a good buy. Foss Tug has the same engine, and it has problems. There are problems with the Whatcom Chief. If it becomes a ten -car ferry, it will just make more runs. The grant is not bad, but not if it locks them into paying millions of dollars more. Neither the island residents nor the County can afford it. Cynthia Dahlstrom, 4010 Arts Acres Drive, Lummi Island, stated she opposes the new Lummi Island ferry. The Whatcom Chief has many more years on it. The new ferry will use 3.5 times more fuel than the existing ferry. Fares, rates, and operating costs will increase. It will be a burden on many families, who will be forced off the island. Patricia Coe, 2877 N. Nugent Road, Lummi Island, stated she doesn't understand the need for larger ferry. Two ferries the size of the Whatcom Chief running back and forth would be better. Mary Ross, 2544 Taft Drive, Lummi Island, stated she is very opposed to the new ferry. She received an email about the new ferry requiring 3.5 times more fuel, given escalating fuel costs. A new ferry is unwise. Don't make the new ferry rates even higher than they have to be. Bob Wiesen, 3314 Douglas Road, Ferndale, stated rural citizens won't be pleased with how the Council is spending taxpayer money on Leadership Whatcom. Approve the new ferry for Lummi Island. Look at Fred Kinney's research. This has been on the transportation plan, and nothing is changed. A bigger boat will require less fuel per capacity. It will have a more efficient hull and engines. Robert Brownlee, 2896 West Shore Drive, Lummi Island, stated he questions the summer ferry fare surcharge. He asked what that will do to the residents, whether the County wants to discourage tourists, and who decides when summer begins and when the surcharge goes into effect. Whatcom County Council, 4/8/2008, Page 2 129 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. PUBLIC HEARINGS 1. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-03 (AB2008-135A) Fleetwood opened the public hearing, and hearing no one, closed the public hearing. Caskey-Schreiber moved to approve the resolution. Motion carried unanimously. 2. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-04 (AB2008-136A) Fleetwood opened the public hearing, and hearing no one, closed the public hearing. Caskey-Schreiber moved to approve the resolution. Motion carried unanimously. 3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-05 (AB2008-137A) Fleetwood opened the public hearing, and hearing no one, closed the public hearing. Brenner moved to approve the resolution. Motion carried unanimously. 4. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-06 (AB2008-138A) Fleetwood opened the public hearing, and the following person spoke: Rollin Harper, Sehome Planning and City of Nooksack Representative, stated he asks the Council to not sell by auction. It is unbuildable property. The City of Nooksack would like to purchase the property through a negotiated process. The City of Nooksack is willing to pay back taxes and all expenses. It is a small lot that is landlocked by the Nooksack Slough. Hearing no one else, Fleetwood closed the public hearing. Brenner moved to approve the resolution. Fleetwood asked if the County is obligated to move this forward for public auction. He asked if they have time to negotiate with the City of Nooksack. Debbie Hayes, Treasurer's Office, stated a State statute allows government -to - government negotiation. Whatcom County Council, 4/8/2008, Page 3 130 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated she would like to amend the resolution to allow the sale by negotiation rather than public auction. Since it's a resolution, it shouldn't have to go back through the system. It has no force of law. Fleetwood stated the other option is to not take any action on the resolution and let the County negotiate. Brenner withdrew her motion. 5. RESOLUTION TO SELL TAX -TITLE PROPERTY BY PUBLIC AUCTION, REQ. #TR2008-07 (AB2008-139A) Fleetwood opened the public hearing and the following person spoke: Rollin Harper, Sehome Planning and City of Nooksack Representative, stated he asks the Council to not sell by auction. The City of Nooksack would like to purchase through a negotiated process. The City of Nooksack is willing to pay back taxes and all expenses. Hearing no one else, Fleetwood closed the public hearing. Fleetwood stated there is no motion to approve the resolution. 6. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-08 (AB2008-140A) Fleetwood opened the public hearing and the following person spoke: Roger DeSpain, 3517 Robinson Road, Bellingham, stated the Council received letters from residents urging the Council to approve the resolution. He explained the history of this matter, which includes the following agenda item (AB2008-141A). It first came to the Council a year ago. Approve this and the next resolution. Hearing no one else, Fleetwood closed the public hearing. Brenner moved to approve the resolution. Motion carried unanimously. 7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION, REQ. #TR2008-09 (AB2008-141A) Fleetwood opened the public hearing and the following people spoke: Fleetwood stated that Mr. DeSpain's comments on the previous agenda item apply to this item also. Hearing no one else, Fleetwood closed the public hearing. Brenner moved to approve the resolution. Whatcom County Council, 4/8/2008, Page 4 131 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 WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING FEES IN THE WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085A) (AKA "THE CRAWFORD VERSION") -AN D- 9. ORDINANCE AMENDING WHATCOM COUNTY CODE CHAPTER 10.34, FERRY RATES, AND CORRESPONDING FEES IN THE WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE (AB2008-085B) (AKA "THE WEIMER VERSION") (Clerk's Note: The Council held the public hearings for items eight (AB2008-085A) and nine (AB2008-0858) concurrently.) Fleetwood opened the public hearings and the following people spoke: Robin Aspman—O'Callaghan, 2284 N. Nugent Road, Lummi Island, stated she supports the Weimer version of the ordinance. Ferries always have summer surcharges. Lummi Island has become a tourist destination. She hates tourists, but she puts up with them. A multi -ticket pass should have a discount. Mary Ross, 2544 Taft Drive, Lummi Island, stated she supports Councilmember Weimer's version of the ordinance because it is the lesser of two evils. A fare increase is necessary to offset rising fuel costs and growing operating deficit. (Clerk's Note: End of tape one, side A.) Ross stated she and her husband make eight ferry trips per week at a cost of $1,904 per year. Both proposals will cost them $2,560 per year until 2010. Councilmember Crawford's proposal will cost them $3,056 per year in 2010. She's also paying property taxes, higher fuel costs, and higher food costs. She is a substitute teacher and provides a valuable service to the community, but she can't support increasing costs even more. Cynthia Dahlstrom, 4010 Arts Acres Drive, Lummi Island, stated she supports Councilmember Weimer's version of the ordinance. However, the discount rate should not be reduced. Walk-on passengers should be encouraged. It will reduce wait time and save money for average- and low-income families. Large commercial trucks should not have discounts, since they are making a profit. Food trucks provide a service to local residents and the Islander store, and should receive a discount. Robert Diehl, 2543 Taft Road, Lummi Island, stated a new ferry will cost money that could be spent elsewhere. There will be cost overruns on the books. If they are going to consider building a new ferry, consider costs. The people have to put up with the costs, but it's the Council's decision. Do a feasibility study and consider the opinions of the island residents. Dave Dickinson, 4100 Legoe Bay Road, Lummi Island, stated the rate structure is not equal. He explained the rate structure for trailers and trucks. He doesn't like either proposal. Currently, whoever administers the ferry has a blank check. Now the docks are part of the operating expenses, and they used to be paid by the road fund. The ferry Captain used to do the ferry administration work, but doesn't anymore. Whatcom County Council, 4/8/2008, Page 5 132 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. Bob Wiesen, 3314 Douglas Road, Ferndale, stated there are problems with living on an island, mostly related to the high cost of transportation. It isn't fair that the rest of the county residents should subsidize the residents of Lummi Island. Adjust rates during peak time rush hours. Offer discounts during off-peak hours. Mark Mech, 2897 Cedar Avenue, Lummi Island, stated the Washington State ferry offers a Summer rate that is significantly higher, unless residents purchased their tickets during the winter. The commuter population has increased considerably. If he had to commute, he would not think about living on an island. The hassle of getting in and out of town quickly is to be expected. The object for the Council to consider should not be how quickly it can get people to and from work. Rates have gone up disproportionately. Docks still probably have registered bridge numbers on them and should be considered bridges, not parts of the ferry operation expense. Consider ways to make the multi -ride pass better. Provide an annual pass. If they decide to build a new ferry, the cost will be twice what they estimate. Hearing no one else, Fleetwood closed the public hearings. Brenner moved to adopt Councilmember Weimer's version of the ordinance (AB2008-085B). She moved to amend to remove the docks from the operating costs formula and put that cost back into the road fund. No one from Lummi Island was at the discussion the Council had at the time. The Council was told at the time that it must do this to make the County ferry in sync with the State ferries, or it would be ineligible for funding. It made sense to her at the time, but it's not a good idea. It frees up road fund money for other things, but there is no difference between docks and roads. The dock has a road number or a bridge number on it. People should not have to move off the island just because they become commuters. She understands all the issues. She doesn't agree with Mr. Wiesen. Ferries happen to be the most expensive, but it is the only way on or off the island. There is no other choice. Lummi Island should not be the home for just the wealthy. The County spends money on an affordable housing task force to figure out ways to make things more affordable for homeowners. The best thing is to keep people from losing their homes. Motion to amend failed 1-5 with Brenner in favor. Crawford stated his ordinance and Councilmember Weimer's ordinance has differences. He explained the differences. The primary difference is how they calculate 55 percent of the operating expenses. The issue is whether they want to supplant an additional $90,000 or more out of the road fund annually. Caskey-Schreiber stated she is in favor of Councilmember Weimer's ordinance. Include the revenue the County receives from the State to offset ferry operation costs. It's not fair to the citizens to not count that revenue toward their share of the operating costs jointly with the County. Since they include docks and other expenses, they should also include any revenue they receive. Whatcom County Council, 4/8/2008, Page 6 133 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. Councilmember Weimer has put a lot of time into this and done a lot of outreach to the community. Staff, including Mr. Abart, have been doing a great job for the County. However, this ordinance is as fair as possible. This will change eventually. The ferry fares have to be fluid. They deal with changing costs and unknown factors. Councilmember Weimer has achieved a compromise. Nelson stated he hopes they don't have to raise fares any more than this. He's concerned about going too low. He's concerned Councilmember Weimer's proposal won't recover the funds they need, and the County will have to force more of the costs onto the consumers. Motion to adopt AB2008-085B carried 4-2 with Nelson and Crawford opposed. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through 12. Brenner withdrew Consent Agenda items six, seven, and eight. Motion to approve Consent Agenda items one through five and nine through 12 carried unanimously. 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BENNETT ENGINEERING, LLC FOR ON -CALL ENVIRONMENTAL CONSULTING SERVICES IN THE AMOUNT OF $21,200 (AB2008-157) 2. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO YEARS OLD (AB2008-158) 3. REQUEST COUNCIL RATIFICATION OF THE 2008-2012 WSNA COLLECTIVE BARGAINING AGREEMENT (AB2008-121A) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-18 TO LOW BIDDER WESTERN REFINERY SERVICES, INC. FOR STREET SWEEPING AND CLEANING SERVICES IN THE AMOUNT OF $470,998 (AB2008-159) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AUTHORIZE USE OF THE WASHINGTON STATE CONTRACT TO PURCHASE REPLACEMENT COMPUTER EQUIPMENT IN THE AMOUNT OF $62,611.57 (AB2008-160) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-24 FOR ON CALL CONTRACTORS/EQUIPMENT FOR PROJECTS FOR THE PUBLIC WORKS DEPARTMENT IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2008- 161) Whatcom County Council, 4/8/2008, Page 7 134 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nelson reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner stated this prevents the Council from looking at contracts. She supports having a list of on -call contractors and equipment for projects. The second part of the request allows the administration to unilaterally approve contracts once the Council has set aside the money. It's a blank check for the administration to use as it wants. The Council should be the check -and -balance by reviewing the contracts. This is not just for on -call contractors. It's also for using money to do the contracts, which used to come to the Council. Motion carried 5-1 with Brenner opposed. 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-25 FOR ON CALL RENTAL EQUIPMENT FOR THE PUBLIC WORKS DEPARTMENT IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2008-162) Nelson reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner asked the kind of Volvo rental equipment they use. Frank Abart, Public Works Department Director, stated it's the name of a company. There is a variety of equipment made by Volvo. This is a contract to rent the equipment to use. Motion carried unanimously. 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN AGREEMENT BETWEEN WHATCOM COUNTY AND STEWART+KING ARCHITECTS, INC. FOR MASTER PLANNING AT SMITH AND NORTHWEST ROADS, PHASE I IN THE AMOUNT OF $285,970.08 (AB2008-163) Nelson reported for the Finance and Administrative Services Committee and moved to approve the request. Brenner stated this is a lot of money. They can do this in ways to have the money offset costs. The building there is an historic building. Preserve buildings that look that unique. Put that requirement into the request, and the County will be eligible for a lot of restoration funding for historic buildings. It's hypocritical of the County to bulldoze the building and build over it when the County keeps saying how important it is to reuse and recycle. The building is part of the county's history. Crawford stated this item is just an analysis of what's there. The contractor will present a recommendation. This is the most dysfunctional building the County owns. He uses that building as a consumer often. Brenner stated the building can be made much more functional. The building is dysfunctional because there are too many people trying to do too many things and who are crammed into an area that's too small. She is in favor of making the complex bigger, but Whatcom County Council, 4/8/2008, Page 8 135 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. this would serve a wonderful purpose. A renovation would provide evidence that the County does many of the things it says are important. She tried to get design standards for the Smith Road at that location, rather than cutting down old growth trees. Now, the school parking lot looks like a mall parking lot. The County Council says areas should have character. No character is left in front of the North Bellingham School. Don't take away this remaining piece of character in that area. The people across the street have taken a lot of time and initiative to use the fagade of the old Pynor's Market. They have an obligation to preserve history. Include language about preserving the building in this agreement so the contractor will evaluate the structure. Caskey-Schreiber stated Councilmember Brenner can contact the Whatcom Historical Society and find out if the building is valuable. She's not sure nursing homes and hospitals hold that much value. The study does not condemn the building. They are going to explore the viability of the building. Brenner stated include that request in the agreement. This is part of the history of Whatcom County. Crawford stated Pynor's Market could not be torn down. In that location, nothing could replace it. They have to keep the store there and call it historical, or they lose the use. That corner is substandard. Whatcom County doesn't have to do that with it's property. Don't use that as a symbol of the intersection. Nelson stated he understands Councilmember Brenner's argument. There are times when they should preserve historic buildings. He's not sure this building is one of them. The study may show differently. Because things have to come into compliance with modern day code, it may not be possible for the government or anyone to do that. This evaluation will consider whether restoration is possible. Brenner stated she just wants to know that this item doesn't preclude preservation. The documents make it sound like the building will be torn down. Fleetwood stated the County Council makes that decision, not Stewart+King. Motion carried unanimously, 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF ECOLOGY FOR CONTINUATION OF HYDRAULIC ANALYSES OF PROJECTS RECOMMENDED IN THE LOWER NOOKSACK RIVER COMPREHENSIVE FLOOD HAZARD MANAGEMENT PLAN IN THE AMOUNT OF $133,334 (AB2008-164) 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST ECOLOGICAL SERVICES, LLC FOR THE PRELIMINARY DESIGN AND PERMITTING OF THE CHUCKANUT VILLAGE MARSH RESTORATION IN THE AMOUNT OF $18,365.50 (AB2008-165) Whatcom County Council, 4/8/2008, Page 9 136 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ASPECT CONSULTING, LLC FOR THE PREPARATION OF A TECHNICAL REPORT THAT WILL SUPPORT THE WATER QUALITY/QUANTITY AND STORMWATER COMPONENTS OF THE FOOTHILLS SUBAREA PLAN SEIS IN THE AMOUNT OF $27,830 (AB2008- 166) 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A JOINT OPERATING AGREEMENT BETWEEN WHATCOM COUNTY AND THE INTERFAITH COMMUNITY HEALTH CENTER TO FORMALIZE A PARTNERSHIP FOR THE PURPOSE OF OFFERING HEALTH AND SOCIAL SERVICES TO LOW INCOME AND UNINSURED RESIDENTS AT THE FUTURE EAST WHATCOM REGIONAL RESOURCE CENTER (AB2008-167) OTHER ITEMS 1. RESOLUTION RE -AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR TO PROCEED WITH THE ACQUISITION PROCESS FOR ROUND 6 APPLICATIONS (AB2008-087A) Fleetwood reported for the Natural Resources Committee and moved to approve the resolution. Brenner stated the VanderWerff property doesn't have any prime soils. However, the map indicates it has LaBounty silt loam soil, which is a prime soil. Crawford stated Whatcom LaBounty is not prime. Caskey-Schreiber stated that soil designation is a pending Comprehensive Plan amendment. Crawford stated the Whatcom LaBounty soil is controversial. Fleetwood stated only the top three ranked items will have a chance of going through. This item is number six. Caskey-Schreiber stated this is fund the County should bond. Buy them all. These properties aren't going to get any less expensive. Fleetwood stated the federal government is discontinuing the funding for this program after this round. Motion carried unanimously. 2. RESOLUTION UPDATING THE 2006 AMENDED APPENDIX OF THE 2002 WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) (AB2008-099) Whatcom County Council, 4/8/2008, Page 10 137 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. Fleetwood stated this item was withdrawn from the agenda. 3. APPOINTMENT TO FILL VACANCY ON THE DRAYTON HARBOR SHELLFISH PROTECTION DISTRICT ADVISORY COMMITTEE - APPLICANT: JACQUELINE GOODSIR (AB2008-154) Brenner moved to appoint Jacqueline Goodsir. Motion carried unanimously. 4. APPOINTMENT TO FILL ONE VACANCY ON THE WHATCOM COUNTY UTILITIES PLANNING AND ADVISORY COMMITTEE, DISTRICT 2 POSITION - APPLICANTS: DAMON J. GRAY AND RICHARD F. BANEL (AB2008-155) Fleetwood nominated Damon J. Gray and Richard F. Banel. Caskey-Schreiber stated both applicants are great. She encouraged them to get involved in other committees that have vacancies. She voted for Banel. Nelson voted for Gray. Brenner voted for Gray. Fleetwood voted for Gray. Kelly voted for Banel. Crawford stated Mr. Banel is on the Water District Board, and he wants to deal with a bunch of issues on this committee. He told Mr. Banel that he would support his application, but didn't know that Mr. Gray was going to apply. In the meantime, he's been in several locations with Mr. Gray, and he encouraged Mr. Gray to apply for vacant board openings. Therefore, he has to vote for Mr. Banel because he said he would. Caskey-Schreiber stated she would change her vote to Mr. Gray. He's sat through this meeting. Fleetwood stated that the Council appointed Damon Gray. INTRODUCTION ITEMS Caskey-Schreiber moved to accept the Introduction Items. Motion carried unanimously. 1. RECEIPT OF APPEAL OF HEARING EXAMINER'S DECISION ON CUP07-0013, FILED BY PHILIP BURI FOR STEVEN WOLFF, REGARDING VERIZON WIRELESS' REQUEST FOR ZONING CONDITIONAL USE PERMIT (AB2008- 152) Whatcom County Council, 4/8/2008, Page 11 138 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 2. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE/OPEN SPACE AND OPEN SPACE TIMBER APPLICATIONS (AB2008-168) OTHER BUSINESS Nelson reported for the Finance and Administrative Services Committee and stated the committee is working on the road fund deficit. Brenner reported for the Public Works and Safety Committee and stated the committee had a presentation regarding public rights -of -way vacations. She will receive information from legal counsel when quiet title actions come forward. Other councilmembers may receive the information if they want. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Nelson stated he's attended comprehensive health planning meetings in the community. Many concerns have come forward. The Lynden turnout wasn't good because the wrong date was given out. The Bellingham meeting had over 20 attendees. Pete Kremen, County Executive, stated Congressman Larsen put forward a request for $16 million for the proposed regional command center for the 2010 Olympics, emergency radio communications, and inter -operability. It looks positive, but there are many hurdles and obstacles before them. Senators Cantwell and Murray are in favor of the funding, also. Fleetwood asked when the administration will know whether the center has been funded. Kremen stated it's too early to tell. (Clerk's Note: End of tape one, side B.) Kremen continued to state that Washington D.C. is primarily focused on politics right now. Allocating funding for constituents back home is controversial. However, things are progressing and encouraging. Brenner asked if the County has discussed emergency management with the City of Bellingham lately. The City of Bellingham Fire Department is interested in the medic program. Work together to have a comprehensive medic program and emergency management program. They can be more financially efficient, and it would look good to the federal legislators. Kremen stated he's talked with the paramedic officials and City of Bellingham officials. They are still considering a joint emergency response program. He wants a unified emergency management system. Caskey-Schreiber stated Congressman Larsen also put forward legislation about re- introducing grizzly bears to the North Cascades. The Council's resolution carried some weight. Whatcom County Council, 4/8/2008, Page 12 139 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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. ADJOURN The meeting adjourned at 8:49 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Vice -Chair Whatcom County Council, 4/8/2008, Page 13 140 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 Special Committee Of The Whole April 22, 2008 Council Chair Carl Weimer called the meeting to order at 1:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: L. Ward Nelson Bob Kelly Sam Crawford Seth Fleetwood COMMITTEE DISCUSSION Absent: Barbara Brenner Laurie Caskey-Schreiber 1. DISCUSSION WITH PLANNING AND DEVELOPMENT SERVICES DIRECTOR DAVID STALHEIM REGARDING THE DRAFT LONG RANGE WORK PROGRAM DATED MARCH 31, 2008 (AB2008-075) David Stalheim, Planning and Development Services Director, submitted and read from a presentation (on file). Crawford referenced rural forestry lot clustering, and asked if the staff would make a proposal or just remove lot clustering as an option. Stalheim stated that depends on what the Council intends. Nelson stated the original intent was to get rid of clustering for rural forestry zones. A cluster subdivision creates urban development in a rural area. He continues to be inclined to eliminate the option. Fleetwood stated there have been only six cluster subdivision applications in the rural forestry zone in the past 15 years. He still has questions. It seems to make sense to put homes together to preserve land rather than have one home in the middle of 20 acres. Having three homes together within a forested tract isn't urban. Nelson stated the problem is when the cluster is built against someone else who thought they were in a rural area. Kelly asked if the cluster would require a conversion. Stalheim stated he assumes that a conversion would be required. He explained the conversion process. Nelson stated most rural forestry practices are harmed by any type of cluster development. He is opposed to allowing in cluster subdivisions in forestry zones, and possibly in any other rural areas. Stalheim stated he will put the interim ordinance forward to the Planning Commission as a permanent ordinance. Committee of the Whole -Long Range Work Program, 4/22/2008, Page 1 141 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. Crawford stated it's a terrible idea to get rid of cluster subdivisions, but they've had those discussions before. Fleetwood stated the staff can bring forward the interim ordinance as a permanent ordinance for a vote. Weimer stated he's fine with eliminating clustering in rural forestry zones. Fleetwood stated the rural, one unit per five acre (R5A) subdivision moratorium isn't included. Stalheim stated it is within the Lake Whatcom item. Fleetwood asked if they've considered when they may convene a moratorium response committee or plan. Stalheim stated Rebecca Craven and Cathy Craver have worked on it. Rebecca Craven, Council Policy Analyst, stated she is developing options in the urban growth area (UGA) watershed areas. She is gathering background information to deal with the moratorium. It will also be relevant when the total maximum daily load (TMDL) study comes out. Weimer stated it looks like they are now able to get some things accomplished this year. It didn't look that way in the past. He asked if that is realistic. Stalheim stated they identified several projects they can offload to consultants. That allows staff to take care of other things on the list before the 2011 Growth Management Act (GMA) update ramps up. Nelson asked if the department is doing anything with the 8,000-acre forestry plan reconveyance. Stalheim stated he has not been asked to play a role in it, and he doesn't foresee that happening. Fleetwood referenced limited areas of more intense rural development (LAMIRD's). When the Council updated the rural lands chapter of the Comprehensive Plan, it didn't demonstrate whether the Council analyzed the proper size and location of LAMIRD's. The work approach to that lawsuit is to undertake a public involvement strategy. He asked why they are doing that. He asked if the County obligation to comply with the LAMIRD case is to do the required analysis. He asked how a public input strategy has to do with the Futurewise case. Stalheim stated public involvement is key in growth management, including analysis. The first step is to talk to the public about LAMIRD's and determine the range of choices. At the same time as the public process, the staff will go through a technical analysis. They will incorporate public comments into the Comprehensive Plan and development regulations. By the end of the year, he will have a public analysis, technical analysis, and options for strategies. Fleetwood asked if the County was held out of compliance for the public process. They can address the LAMIRD issue without creating a large public involvement strategy. This is extra, and not required. Stalheim stated public involvement is essential to the LAMIRD process, and also to the 2011 GMA update. A subset of the 2011 GMA update is a LAMIRD designation. Committee of the Whole -Long Range Work Program, 4/22/2008, Page 2 142 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. Fleetwood stated this description requires the Council to consider what is inside the LAMIRD, not outside the LAMIRD. Stalheim stated they tried to make the summary description as concise as possible. Weimer stated there should be a choice other than either the County's existing LAMIRD, which is out of compliance, and the Futurewise option. Stalheim stated they are points of reference for other issues. Even the staff are debating internally what the boundaries should be. Weimer asked if the boundaries are getting more muddled the longer they wait. (Clerk's Note: End of tape one, side A.) Karen Frakes, Prosecuting Attorney, stated the LAMIRD's they have are not out of compliance. They've never been analyzed under criteria. Some of the LAMIRD's may be fine. The public will comment on whether or not the ultimate boundaries do comply with the technical requirements of the Growth Management Act. Crawford asked if there is an option for the staff to zone them all with a density of one unit per five acres. Stalheim stated there are the limited areas of more intense development, which is drawing a boundary of everything that existed in 1990. They technically have not gone through that technical analysis and drawn those boundaries. Fleetwood stated the County adopted the Comprehensive Plan in May 1997. The LAMIRD analysis requirements came into effect in July 1997. Whatcom County never analyzed it. Frakes stated that's correct. There is no requirement to have LAMIRD's. They are a tool to allow more flexibility for counties. Crawford asked if Mr. Stalheim would come back to the Council with options to the LAMIRD's. Stalheim stated a question is what happens outside the LAMIRD's, in the rural areas. They need to discuss that vision for the areas outside the LAMIRD's. That's one topic for public participation. They must define that boundary and what happens outside the boundary. Make sure the overall rural element, not just the LAMIRD's, is compliant. Crawford stated they've been told the County needs to further define the LAMIRD's. He asked if the issue is less about the density in the LAMIRD than where the LAMIRD is located. Stalheim stated define the LAMIRD according to a certain date, which is a technical issue. The second issue is what happens outside those boundaries. As they collect the public comment, make sure the areas outside the LAMIRD's are consistent with the GMA. Nelson stated public input is necessary to make sure the vision for an area is consistent with the boundaries. Oftentimes, the public comments received aren't representative of the specific town or community, but of the larger county, which may have a different vision. Weimer asked if a planning technician will be able to get through this process. Stalheim stated a planning technician can do a lot of the background work. The consultant resource is the tool he needs. He would manage the consultant. This is an interim solution to get through the issue for now. Eventually, they will reassign the issue to someone else. Committee of the Whole -Long Range Work Program, 4/22/2008, 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. Weimer stated it's very complicated. They probably have great planning technicians, but don't put a planning technician out there to deal with public involvement. Stalheim stated that's why they are going to hire a consultant to focus on public involvement. The existing staff can do the technical analysis. Craven asked the source of funding for the consultant contracts. Stalheim stated his memo to the Council dated April 2, 2008 answers that question. It includes unspent money from a zoning code rewrite, the agricultural program and the Conservation Program on Agricultural Lands (CPAL) program. The total $370,000 is a good estimate of how under - spent the department budget will be. Craven asked about the creation of a regional planning forum. She asked what this regional council will look like and how it's distinct from the Council of Governments (COG). The statute that sets up the COG is written broadly -enough to encompass this sort of discussion about the 2011 update. Stalheim stated this regional planning forum is not ongoing. Using COG is an alternative to consider. He intends to look at options. Now, COG is focused on transportation issues. Craven stated she's not sure on what level of approval the Council plans to provide this process. Given the degree of transition the department has gone through, and the fact that few folks in the long-range planning division have unchanged work plans, she recommends that they take time to let things settle for awhile with the new director. Also, set up some regular communication between the Planning Department administration and the Planning Committee, for example. The Director can give reports occasionally on specific projects or as a whole, so things don't come to a head like they did. Stalheim stated he needs to talk to the Council about a few more concepts that will soon come forward. He is happy to check in with the Council. Craven stated it would be helpful for the code scrub items to come forward to the Council before the staff begins to change language. Also, as they go through the nine petitions for review of the UGA decisions, the work plan will need to be adjusted to respond to those decisions as they come out. Weimer asked about the regional planning forum. They are using the small cities to contribute to the planning policies and vision. He asked how they include unincorporated areas like Birch Bay. Stalheim stated that is a good question. They should consider it. They may be able to address it as they go through the visioning process. The consultant will determine how to have an inclusive public process. Weimer stated this work plan shows what they can accomplish this year. He asked if the councilmembers still feel the need to prioritize. Nelson stated he's not clear about the connection between the Planning Department's projects and certain Public Works Department projects, such as lake monitoring and water quality issues. Stalheim stated all the Planning Department's water resources projects will go through the (CWRIP) process. It also created staffing issues. He left those projects and their staff out of this process. Committee of the Whole -Long Range Work Program, 4/22/2008, Page 4 144 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nelson stated many of the Planning Department's planned projects depend on the TMDL study. He asked if the work plan will continue to move forward with a watershed land use analysis and determine appropriate stormwater protections if the study isn't released. Stalheim stated the Planning Department and Public Works Department water resources staff are now working in the same location and working together. Fleetwood asked about the Birch Bay tree preservation proposal. Stalheim stated he hasn't looked at the details. It may be a tree retention standard. Kelly asked about the coordinated water system plan issues. Stalheim stated individual water systems throughout the county must be coordinated so there aren't competing services. This issue ended up at the Planning Department, but it's really a Health Department issue. The Planning Department has an obligation to know where the water systems are going and make sure they meet planning requirements. Other agencies would have to be the lead regarding the overall water system plan and its implementation. Kelly asked what it means to review changes and expansions of water district boundaries per the Whatcom County Coordinated Water System Plan. Stalheim stated the City of Bellingham, for example, is looking at certain water systems in one of its annexation areas. To take over that water system, the City has to go through an amendment to the Coordinated Water System Plan to expand its service area. The amendment goes through the County and is submitted to the State Department of Health. Weimer asked if the County will get stuck with the responsibility of small water associations if they go bankrupt. He asked if the County has to provide the water. Craven stated the statute requires the court to give the County authority to make assessments to make repairs or changes to a system for public health and safety purposes. Crawford stated they haven't seen that happen. The reality is that the water system has the authority to raise rates to cover their costs. Craven stated the statute is written for physical failure of the system that the water provider can't afford to fix. The statute doesn't speak to the issue of a lack of water rights. She doesn't know what would happen in that situation. Kelly stated it also refers to water district boundaries, which implies that someone has the authority to adjust water system boundaries. Stalheim stated that when someone proposes to change a service area, the proposal has to go through the Coordinated Water System Plan, which is a County and State process. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 2:57 p.m. Committee of the Whole -Long Range Work Program, 4/22/2008, Page 5 145 1 2 3 4 5 6 7 8 9 10 11 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2008. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Carl Weimer, Council Chair Committee of the Whole -Long Range Work Program, 4/22/2008, Page 6 146 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 April 22, 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 Caskey-Schreiber moved to go into executive session. Motion carried 4-0 with Brenner, Fleetwood, and Crawford out of the room. 1. DISCUSSION AND NEGOTIATIONS UPDATE ON EXPIRED COLLECTIVE BARGAINING AGREEMENTS (AB2008-121) 2. REQUEST APPROVAL OF THE 2008 UNREPRESENTED RESOLUTION (AB2008- 121B) 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, 4/22/2008, Page 1 147 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council April 22, 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 Absent: None Weimer announced there was a discussion and negotiations update on expired collective bargaining agreements (AB2008-121) and request approval of the 2008 Unrepresented Resolution (AB2008-121B) in executive session during the Committee of the Whole meeting. MINUTES CONSENT 1. REGULAR COUNTY COUNCIL FOR MARCH 11, 2008 Brenner moved to approve the minutes. Motion carried unanimously. OPEN SESSION The following people spoke: Howard Hill -Cummings, Rainbow Center Resident, stated he supports the proposed sales tax increase to support the homeless, mentally ill, and substance abusers. He is a mentally ill homeless person with substance abuse issues. He spends his days in Bellingham at the Rainbow Center and walking around town. He spends his nights and weekends in the county. The City has opened a one -stop homeless center. The Council should approve the sales tax increase and work with the already -available funds from local, State, and federal sources. The County relies too much on services in Bellingham. It is a hardship for many to make it to Bellingham to deal with their issues. They need a north county center. The Lighthouse Mission and YMCA are Christian services. The YMCA is no Whatcom County Council, 4/22/2008, Page 1 im 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. longer a refuge for men, but focuses on youth and families. He and people like him need a more secular option. The Council should decide the issue and not put it to a vote. Time is of the essence. The public isn't generally aware of the needs of the homeless, mentally ill, and substance abusers. It would take too long to educate them. Elections cost money and time. Many of the affected community are disenfranchised by their felony convictions. With together with the City. Dan McShane, 1451 Grant Street, Bellingham, stated he recently spent time at Ft. Lawton, an Army reserve center. The City of Seattle is considering redevelopment there for the homeless and mentally ill, which is a major problem here in Bellingham, also. He thanked the Council for its vote to continue the subdivision moratorium in the Lake Whatcom watershed. The public knows little about the Council's decision. He also thanked the Council for the Comprehensive Economic Development Strategy (CEDS) program. He's pleased to see that the City of Bellingham has added watershed projects to the program. The current interlocal agreement between city of Bellingham and Whatcom County includes a section on watershed planning. Work hard on that section of the interlocal agreement. It's critical. The transfer of development densities is also very important. He read language from the current agreement. Refine that language. The population projection for rural areas is for a very low amount of growth. It will take an effort by everyone to make that happen. Johnnie Grames, 1506 E. Maplewood Avenue, Bellingham, stated Earth Day means of the people." Both courthouse entrances don't have security but people have to go through security to go upstairs. The issue of institutionalizing people should be brought before the public. A result of the next election will be community -based policing, which is decentralized and preventative. The Law and Justice Council never talks about prevention, which is the cure. They get the kind of government they deserve. CONSENT AGENDA Nelson reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight and ten. Item nine was not discussed, and was referred to the Committee of the Whole. Crawford withdrew item ten. Weimer withdrew item six. Motion to approve Consent Agenda items one through five, seven, and eight carried unanimously. 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-17 TO LOW BIDDER MYERS GENERAL COMMERCIAL CORP. FOR ALTERATIONS TO THE COURTHOUSE BASEMENT IN THE AMOUNT OF $248,778 (AB2008- 173) Whatcom County Council, 4/22/2008, Page 2 149 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LETTER OF AGREEMENT AND SUPPORT WITH WASHINGTON STATE UNIVERSITY FOR FOOD STAMP NUTRITION EDUCATION TO ELIGIBLE ADULTS AND CHILDREN IN WHATCOM COUNTY FOR THE 2009 PROGRAM YEAR IN THE AMOUNT OF $33,002 (AB2008-174) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #08-33 TO LOW BIDDER WHATCOM BUILDERS, INC. FOR ANNUAL ASPHALT PRELEVEL PROJECTS AT VARIOUS COUNTY LOCATIONS IN THE AMOUNT OF $508,019.59 (AB2008-175) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO RE -AWARD BID #08- 27 TO SOLE BIDDER RAIRDON'S OF BELLINGHAM FOR THE PURCHASE OF A HIGH -ROOF UTILITY VAN FOR FACILITIES MANAGEMENT IN THE AMOUNT OF $55,892.08 (BID WAS APPROVED IN OCTOBER 2007 BUT THE VENDOR DID NOT PLACE THE ORDER ON TIME) (AB2008-176) 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE OF ELECTION ENVELOPES FROM SOLE SOURCE (OF THIS PARTICULAR ENVELOPE SET) K&H INTEGRATED PRINT SOLUTIONS IN THE AMOUNT OF $107,155.62 (AB2008-177) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HERRERA ENVIRONMENTAL CONSULTANTS FOR PORTAGE BAY SHELLFISH PROTECTION DISTRICT FECAL COLIFORM BACTERIA MONITORING IN THE AMOUNT OF $57,925 (AB2008- 178) Nelson moved to approve the request. Weimer stated he has a concern about hiring a firm out of Seattle to do basic water quality testing. It appears the County is also paying the consultant $60 per hour for ten hours per month to drive up here from Seattle. He asked about the competitive process and whether any local people applied. Kirk Christensen, Public Works Department, stated Herrera Environmental Consultants was the most qualified to do this monitoring. He will find out why they didn't hire a local consultant. He doesn't know if any applied. Kelly stated the scope indicated that the monitoring was going to be more intense than others. Herrera is very expensive, and they have a very good reputation, but this work is generally below their level. He assumed that they were chosen because the testing would be more intense than usual. Brenner moved to hold in committee until staff can answer questions. The scope of work didn't look very complicated. It can be done locally. A question is whether the staff contacted local contractors about this competitive process. Christensen stated they always try to involve local contractors. Herrera was chosen from the professional service roster. The staff notify all the local folks that the roster is open. Whatcom County Council, 4/22/2008, Page 3 150 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated the County should make sure to specifically notify local contractors about anything that would be of interest. She would like to know if that happened in this instance. know. Weimer asked if the scope of work is time sensitive. Christensen stated he doesn't Motion to hold in committee carried unanimously. 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON SALMON RECOVERY FUNDING BOARD FOR GRANT FUNDING FOR LOWER CANYON CREEK PHASE I IMPLEMENTATION IN THE AMOUNT OF $415,000 (AB2008-179) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND HDR ARCHITECTURE INC. TO PROVIDE A DUE DILIGENCE REPORT EVALUATING THE ADDITION OF 50 DORMITORY BEDS TO THE )AIL WORK CENTER IN THE AMOUNT OF $31,000 (AB2008-180) 9. REQUEST APPROVAL OF THE 2008 UNREPRESENTED RESOLUTION (AB2008- 121B) 10. REQUEST AUTHORIZATION TO ENTER INTO A CONTRACT WITH BRICKLIN NEWMAN DOLD, LLP, FOR EVALUATION OF PETITIONS FOR REVIEW FILED WITH THE WESTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD, IN THE AMOUNT OF $10,000 (AB2008-182) Nelson moved to approve the request. Crawford stated he is opposed to this contact because of cost and the appearance of fairness issue. There are many qualified, available attorneys. They have not looked at their costs. The attorney sits on the Board of Futurewise, which is currently engaged in legal action against Whatcom County. They can find many other competent attorneys to do this work. He has been very impressed with Mr. Bricklin's work in the past, but this is not the right attorney for this review. Fleetwood stated he is in favor of the motion. This request is only for a $10,000 review. The County is not bound to hire Mr. Bricklin for the additional work that may come thereafter. That would be a different contract, and the Council will review that contract separately when it comes forward. Caskey-Schreiber stated she spoke to Mr. Bricklin this afternoon. He assured her that there was no conflict. Senior Civil Deputy Prosecutor Karen Frakes said the same thing. Mr. Bricklin removed himself from any action on the Board because he knew he would have an opportunity to weigh in on the County's behalf. The County Council has used Mr. Bricklin before. He is ready to do this work, which the Council needs. Mr. Bricklin has great experience before the Growth Management Whatcom County Council, 4/22/2008, Page 4 151 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Hearings Board. He is well respected and knows the issue. The Council is saving money by choosing someone who is familiar with the current issues. She is in favor of the motion. Nelson stated he will support the request for the review. Councilmember Crawford raises a good concern. They would have to take quite a while to bring other attorneys up to speed on the issues, even though they may be very capable. He will support this initial review. Other contracts would come before the Council. Crawford stated Mr. Bricklin has no more experience than anyone else in terms of the County's issues with its urban growth area. He asked what advantage Mr. Bricklin has over anyone else in terms getting up to speed. Nelson stated Mr. Bricklin has done other projects for the County. Crawford stated he litigated for the County on mushroom composting. This has nothing to do with that. Caskey-Schreiber stated she asked Mr. Bricklin about his experience. He has helped other jurisdictions with the same kind of thing. If the Council's legal counsel feels that Mr. Bricklin is the best person for this project, she respects that opinion. The Council could think about having its own land use attorney so they don't have to deal with these conflicts. Motion carried 6-1 with Crawford opposed. OTHER ITEMS 1. RESOLUTION UPDATING THE 2006 AMENDED APPENDIX OF THE 2002 WHATCOM COUNTY COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY (CEDS) (AB2008-099) Nelson reported Finance and Administrative Services Committee and moved to approve the resolution. Motion carried unanimously. 2. RESOLUTION ADOPTING RECOMMENDATIONS FOR OPEN SPACE/OPEN SPACE AND OPEN SPACE TIMBER APPLICATIONS (AB2008-168) Fleetwood reported for the Planning and Development Committee and moved to approve the resolution. Motion carried unanimously. 3. APPOINTMENTS TO THE LYNDEN/EVERSON FLOOD CONTROL SUB -ZONE ADVISORY COMMITTEE — APPLICANTS: JEFF DE]ONG, AND HANS WOLFISBERG (AB2008-170) (COUNCIL ACTING AS THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS) Whatcom County Council, 4/22/2008, Page 5 152 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber nominated Jeff Dejong and Hans Wolfisberg. She moved to appoint both applicants by acclamation. Motion carried unanimously. 4. REQUEST RESOLUTION AUTHORIZING THE EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WHATCOM TRANSPORTATION AUTHORITY FOR REDUCED -FARE BUS PASSES FOR COUNTY EMPLOYEES (AB2008-185) Fleetwood moved to approve the resolution. Crawford asked the regular rate. Weimer stated he pays $.75 per ride. Dewey Desler, Deputy Administrator, stated the regular rate is $20 per month. The administration is enthusiastic about this program. They propose a two -month trial period when employees are provided a pass if they agree to certain rider conditions. The County will provide the bus passes, based on employee participation. The Executive will provide discretionary funds for the cost of the passes for the first quarter, to see how it works. So far, over 100 people have asked to be a part of this program. Crawford asked if the Whatcom Transportation Authority (WTA) Board has considered making the fare free for everyone, all the time. Fleetwood stated the Board hasn't considered that. The Board will look at this program and see how effective it is. Then it will consider the appropriate rate reduction in the future. They could evaluate and analyze the fiscal impact. Crawford stated that if this community wants transit to be a part of its long-term transportation solutions, the detriment to regular and frequent use is the fare. It would be interesting to see how ridership changes if the fare was free. Weimer stated they should consider a free fare for ferry walk-on passengers, also. Motion carried unanimously. INTRODUCTION ITEMS Brenner moved to accept the Introduction Items. Weimer stated the Council is forwarding the Governor Road plat extension to the Planning and Development Services Department for review. He hopes to get a report from the staff before the Council's decision on May 6. Caskey-Schreiber stated she would like Planning Department staff to provide a recommendation on the extension of sewer service to the North Shore Estates subdivision in the watershed. Whatcom County Council, 4/22/2008, Page 6 153 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 he will put that item in the next Natural Resources Committee meeting. Motion carried unanimously. 1. RESOLUTION APPROVING THE LAKE WHATCOM COMPREHENSIVE STORMWATER PLAN (2008-181) 2. RECEIPT OF REQUEST FOR EXTENSION OF PRELIMINARY PLAT APPROVAL OF GOVERNOR ROAD — PHASE II, SUBMITTED BY DARCY JONES, PLS, AICP, JONES ENGINEERING (AB2008-184) OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Nelson stated a meeting in Kendall for the Comprehensive Health Plan is tomorrow night. They expect a big turnout. He asked Councilmember Caskey-Schreiber to attend. The meeting is at 6:30 p.m. Caskey-Schreiber stated she visited with Representatives Kelli Linville and Doug Erickson. They talked about the East County Regional Center. Their advice to the County was to spend the first $1 million, or the County risks losing it. After that, they would be open to providing more funding. ADJOURN The meeting adjourned at 7:45 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, 4/22/2008, Page 7 154 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 —129 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Council 4/1/2008 5/6/2008 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Appointments Birch Bay Waters hed&Aquatic Resource Management Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Whatcom County Flood Control Zone District Board of Supervisors has established the Birch Bay Watershed and Aquatic Resources Management Advisory Committee. The committee will assist the residents of the area and the Board of Supervisors with the implementation of the Birch Bay Watershed and Aquatic Resource Management District. Members of the committee will be geographically representative of a broad spectrum of stakeholders from within the Birch Bay Watershed and Aquatic Resources Management District boundaries. 5 Vacancies — Term of office is four years, except the initial membership appointments will have staggered terms so that two members are appointed for two years, two members appointed for three years and one member will be appointed for four years. All members may be appointed to a second four-year term. COMMITTEEACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wa.us/council. 155 PETECOUNCILMEMBERS: Coo KREMEN �Go"� cp4 1� Barbara E. Brenner County Executive sP y is 3 VL#! skey-Schreiber Sam Crawford A Seth M. Fleetwood R , 20U$ Robert Kelly L. Ward Nelson C i' J�rT e � Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS / Q � I�� a "c- X-f 5 iWA i Name of board or committee -please see reverse: V � t"J1 R� ��� � c e s CO yh Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (.1 yes ( ) no Are you a registered voter? (,4 yes ( ) no Name: 0_ 1 VL-6 �N Street Address: City: U ck i he. 6 b Mailing Address (i different from street address): Day Telephone: 3(06c1 y 3 q :3(o Evening Telephojr Fax Number: E-mail address: Date: IS v Zip Code: T 9 Z 3!� e:�5c� m�e �n G_� J kcC,.e j .i Occupation (If retired, please indicate former occupation): L n,6 i (oiA 0 tF-A Professional/Community Activities: C J ` 1 �-! i ►� L. F e . C Education: S ( �mi ��a �v-� ju b� �,4 --ro I M. � � C -4 `t-� S c i �-v 5 C�,�� � u� c, o m U u, � u� s� oV c C i, 0_.�.., . Qualifications related to position: - f-e'-z- k-) Describe why you are interested in serving on board or commission:: Wc_k3l a l , L . Do you or your spouse havCa financial interest in or argjc agency that does business with Whatcom County? () yes If yes, please explain: 1�4 U J u" (P tI1 a�u c al c e 5a�cj r--e_es an employee or officer of any business or N no References (please include name and daytime telephone number): I i arG 5L, =-A uc li U-,, �"1 cY - (�, T �S i Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public., 156 CHRISTINE AUSTIN 7532 Clamdigger Dr. Blaine, Washington 98230 (360) 393-3436 Objective To obtain position which directly or indirectly (through education) protects, enhances, and preserves natural resources Education BA in Botanical Sciences, University of North Carolina at Chapel Hill MA in Earth Sciences, University of North Carolina at Charlotte (Pending -completed all required Master's program coursework including Wildlife Biology, Ornithology, and Watershed Science with 3.5 GPA. Thesis completion date 8/2008) Work Experience Natural Resources Assistant/Nature Camp Instructor, Metro Parks, Tacoma Nature Center, Tacoma, WA Environmental Education Assistant, McDowell Nature Center, Mecklenburg County Parks and Recreation, Charlotte, NC Natural Resources Assistant, McDowell Nature Center, Mecklenburg County Parks and Recreation, Charlotte NC Seasonal Naturalist, McDowell Nature Center, Mecklenburg County Parks and Recreation, Charlotte, NC Seasonal Naturalist, McDowell Nature Center, Mecklenburg County Parks and Recreation, Charlotte, NC Specialized Training Flying Wild Workshop (2/2007) This 8-hour training provides environmental educators with tools, materials and ideas to activate K- 5`h grade learning skills with regards to avian species. Basic Wildlife Rehabilitation I and U (June, 2005) This 20-hour training includes such topics as examinations, injuries, handling techniques, care and feeding, emergency stabilization, care, caging and housing, diets, species specific issues and release criteria. Project Learning Tree Environmental Workshop (January, 2004) This one -day training is for educators interested in providing environmental training for Kindergarten — 8"' grade students. Lessons are experienced as a group and discussed. North Carolina Wildlife Federation Backyard Habitat Stewardship Training (May and September, 2003) The primary focus of this 32-hour training is to obtain knowledge of the importance of creating natural wildlife habitats and educating others as to how to create them. Upon completion of training, volunteers perform 50 hours of service in the community. Volunteer Experience 2/2008 — current Birch Bay State Park. Currently in -training to provide environmental education programs for Birch Bay residents and community. 12/2006 — 5/2007. Tacoma Nature Center. Assisted with environmental educational programs, animal care and special events. 6/2005-1/2006 Animal Rehabilitatoos of the Carolinas (ARC) (20+ hours). Provided advice and phone support through a hotline to those who had found injured animals as well as provided care for injured animals. 8/2003-6/2004 Reedy Creek Nature Center (50+ hours). Provided support to staff by helping to enhance and maintain natural habitats and assist with educational programs. Memberships Environmental Education Association of Washington People for Puget Sound North Carolina Wildlife Federation, Nature Conservancy and National Audubon Society 157 APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Birch Bay Watershed and Aquatic Resources Management Committee Imo, �� i' Which position on this board are you applying for (if applicable)? �✓ FE D Which Council district do you reside in? ( ) One ( ) Two (X) Three APR 0 8 2008 Are you a US citizen? (X) yes () no Are you a registered voter? (X) yes () noWHI ATCOM COUNTY COUNCIL Name: Ralph O. F A L K Date: April 06, 2008 Street Address: 8028 Makah Road City: Blaine (Birch Bay Village) Zip Code: 98230 Mailing Address (if different from street address) : Day Telephone: 360 371 3328 Evening Telephone: (cell) 360 920 6725 Fax Number: E-mail address: ralphfalk@comcast.net Occupation (If retired, please indicate former occupation): retired, Manufacturing Engineering Manager (Boeing) Professional/Community Activities: Former President of the Board of Directors for Birch Bay Village, active participant in the BBWARM meetings and other Birch Bay Community meetings. Education: High School, College Qualifications related to position: Led the Drainage committee of Birch Bay Village participated in the BBWARM meetings Describe why you are interested in serving on this board or commission: I like to help to preserve Aquatic Resources, help to coordinate storm water runoff and storm water quality, help to protect from future flooding Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? () yes (X) no If yes, please explain: References (please include name and daytime telephone number): Meg Grable, Blaine/WA 360 371 7493 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. 158 COUNCILME Lj PEfE KREMEN _� 'J D Barbara E. Brenner County Executive Laurie Caskey-Schreiber `f APR 0 3 2008 SethSam M Flee oord Robert Kelly WHATCOM COUNTY L. Ward Nelson COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: RCA/ , �4/ G(/,JT�R.Sf/�(� f �QtArtc perl') &t4" Which position on this board are you applying for (if applicable)? �Nfe Which Council district do you reside in? ( ) One ( ) Two Three Are you a US citizen? X yes ( ) no Are you a registered voter? 9yes ( ) no Name: Street Add City Mailing Address (if different from street address): ,6 /"41 :' Date: /�L �' Cog Zip Code: '- vV 3'0 Day Telephone: t, l o 311- 3f4-V1 Evening Telephone: dok 87l 3f4clil Fax Number: E-mail address:C/�e✓�'C1Fa1GE Occupation (If retired, please indicate fo[mer occupation): 51X4rt ,r1 Professional/Community Activities: Geze. 4b06'c-&o7: 4/ AO �'i Io4_ GILL!!eav Education: Qualifications related to position: EM 01 v - Describe why you are interested in serving on this board or commission: ; a•» .� c; � � is�'�l�.�✓� � o � 11�lA�.A Li3'ACil�Q.c.c�� oe - .�d 8<<.1 ?2 Cd» Ceis.tLt �i���.✓ ZjC_ Do you or your spouse have a financial interest in or are you an eTpjQyee 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)./,/�©�N�/'�`G��.(�� ZAL., a/--- i Vic_. Signature of applicant: S . f2 �(, As a ,tdidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 159 ,�lc)/�� GiCGaY►� 6<<l"h•�scsl�s" r � �_Gy,�vo GZn� ��! c�C1s�eetl 160 PETE KREMEN COUNCILMEMBERS: �GOM C�Gy Barbara E. Brenner County Executive .rP ie Caske Schreiber 3 E 1 E V Sam Crawford Seth M. Fleetwood 0 APR 0 3 2008 Robert Kelly L. Ward Nelson WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: i rC vs e �n�d uv G Smce_ ! Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (x) yes ( ) no Are you a registered voter? N yes ( ) no Name: ` L 0gAq-S �YU��C Y� Date: Z�/'�_Ajy Street Address : w () 1 � � � 0>r l City: &1 I Ulm— . Wfy Mailing Address (if different from street address): Day Telephone: -3ZL �5q Eveni Fax Number: E-mail address: Occupation (If retired, please indicate former occupation). Professional/Community Activities: Education: Qualifications related to position: Telephone: Zip Code: /V5 Describe why you are interested in serving on this board or commission: Do you or your spouse have a/financial interest in or ar{e 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 numberjy �� Le_1J' I��I �I Signature of applicant: As a candidate to a public boardbtr'commission, the above information will be available to the County Council, County Executive, and the public. 161 PETE KREMEN County Executive �P�GOM 'Co`'i � r 4S�flNCV 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 Birch Bay Watershed and Aquatic Resources Name of board or committee -please see reverse: Management Advisory Committee Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two Are you a US citizen? (4 yes ( ) no Name: Lesli H Street Address: inson 2115 Postal Ave (X) Three Are you a registered voter? (X) yes ( ) no Date: 4/07/08 City: Bellingham Zip Code: 98226 Mailing Address (if different from street address): 4519 Grandview Rd, Blaine, WA 98230 Day Telephone: 371-1869 Evening Telephone: 758-2906 Fax Number: 371-1697 E-mail address: lesli.higginson@bp.com Occupation (If retired, please indicate former occupation): Environmental Engineer - BP Professional/Community Activities: Participation in BBWARM meetings, Water Environment Federation (WEF) Education: MS Biology - micro/molecular, BS Environmental Science, minor - Chemistry Qualifications related to position: Six years experience with stormwater/water issues. Describe why you are interested in serving on this board or commission: I am interested in working with the members of the Birch Bay Watershed regarding the various challenges and opportunities associated with stormwater management within the District. I am encouraged by the proactive efforts of the community members within the District and believe that my education, experience, and background in the area of stormwater/water management will help inform decisions made by the committee on behalf of the greater community. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( X) no If yes, please explain: References (please include name and daytime telephone number): Mike Abendhoff 371-1500 Liz Daly 371-1500 Wendv Steffenson 733-8307 Signature of applicant: (1AA As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 162 by Michael R. Abendhoff Director of Government & Public Affairs The Honorable Pete Kremen Whatcom County Executive 311 Grand Avenue Suite 108 Bellingham, WA 98225-4082 Direct 360 371 1519 Fax 360 371 1450 Mobile 360 303 5278 abendhmr@bp.com Dear Pete, BP America Inc. 4519 Grandview Road Building #1 Blaine, WA 98230 USA April 14, 2008 Enclosed you will find an application for Lesli Higginson to sit on the Birch Bay Watershed and Aquatic Resources Management Advisory Committee. Lesli is part of BP's Environmental, Health and Safety team and is an Environmental Engineer. Although Lesli does not reside in the watershed, she would be a valuable asset to the committee. She would be there to represent BP and the 3,000+ acres of land we own in the watershed. I encourage you to appoint Lesli to the committee. Her background in stormwater management brings the knowledge necessary to help lead this important effort in Birch Bay. Thank you for this consideration and please contact Lesli or me with any additional questions. Regards, Michael Abendhoff Cc: Whatcom County Council 163 Apr. 28. 2008 10 : 31 AM PUE KREMEN County Executive :r=, No.7584 P. 2/2 COUNCILMEMBERS: -Barbara E, Brenner Laurie Caskey-Schreiber Sam Crawford t,�' Seth M. Fleetwopd �- r �q� 10 ivh ' ,• " - Robert'Kelly LF)A i ��' I \�/ E D N�No �l�� a _ Y"4'19, Ward Nelson �O�/��n�/���Carl Weimer APR 18 2008 y APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS '� HATCOM COUNTY ��L Name of boaPP ittee-please see reverse: &e. r �Jy �✓a��.�1 c�� •-.c A�� o position on this board are you applying for i applicable)" ?'�"' Which po y (f MOTOR TRUCKS �GOM Cp` A! yi Which Council district do you reside in? ( ) One ( ) Two OQThree Are you a US citizen? W yes ( ) no Are you a registered voter? K yes ( ) no Name: /0O,n q X/ Li X L: Street Address: ���i �/ 6 /a r,P City:►-,•, . % C✓�, Mailing Address (if different from street address): Date: 4/- 2-9 �9 Zip. Code; ` kz"!5� Day Telephone: ?J 446 _313 -9-19,30_ Evening Telephone: IK6 - 3 FY- 9-0 Fax Number:_ E-mail address: l�d nir��i i�; CGi`a-yam • f �� Occupation (If retired, please indicate former occupation); Professional/Community Activities: Education: Qualifications related to position: 4,-a Describe why you are Interested in serving on this board or commission:�if�,^c,; A-o— -, 4 A !-V. 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 C4 no If yes, please explain: References (please include name and daytime telephone number): /�'`; °' c� ✓?��`��i �✓%l� _ ��/� !�%� — �(�y�C�,4/�'ar��� �r .a•�P� 36"1— `_71Z,'0�-7`- Signature of applicant: As a candidate to a public boaWd or commission, the above information will be available to the County Council, County Executive, and the public. 164 n EC V'- ettt tiv4. Fleettsvoo�i 4i Robert Kelly ONO APR 0 3 2008 L. ward Ndlsoii Earl Weimer WHATCOM COUNTY COUNCIL - - - - - -- -- - - COMMISSIONS - - APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee=please see reverse:$ v Which position on this board are you applying for (if applica Wler Which Council district do you reside in? ( )One ( ) Two (�) Thr e Are you a US citizens ()) yes ( ) no Are you a registered voter! (�tj yes (j no Name: <� e er i ol L A R5 aN Date: D Street Address: 5"0 1-15 City: Zip Code: ?" 3 0 Mailing address (if differen from street address): ,454e��V e Day Telephone: ?/ 6 — 37/ — W 76 Evening Telephone: .5104;2" e Fax Number: -'^ E-mail address: Occupation (If retired, please indicate former occupation): � Professional/Community Activities: 3y y.&x" OW,,,e �1 : :,,, ���; fy, : H. . if N 59,E,t /Y AT , Education: f3 AAi Qualifications related to position: J. W 8�1 �er��'��l.,cs�•., Cho+rC� r Describe why you are interested in serving on this board or commission: . WorX=» Cs3.j• Do you or your spouse have a financial interest in or are you an em loyee or officer of any business of agency that does business with Whatcom County? () yes no If yes, please explain: References (please include name and daytime telephone number): J3MY- yoo6 I OP- i We r / 7/ -- /6 9» 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. 165 /aECL V ED PETE KREMEN County Executive �h1 APR 2 a 200E COUNCILMEMBERS: Barbara E. Brenner WMA C M CQUMrie Caskey-Schreiber U�JCi'L Y 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 committee -please see reverse: Birch Bay Watershed & Aquatic Resources Management Which position on this board are you applying for (if applicable)? Which Council district do you reside in? () One () Two (X) Three Are you a US citizen? (X) yes ( ) no Are you a registered voter? (X ) yes () no Name: Don Montfort Date: April 21, 2008 Street Address: 8323 Harborview Road City: Birch Bay Zip Code: 98230 Mailing Address (if different from street address): Day Telephone: 360 410-8106 Evening Telephone: 360 371-7921 Fax Number: E-mail address: dmontfort@comcast_net Occupation (If retired, please indicate former occupation): Retired - Utility Management & Cgnsulting Professional/Community Activities: WA State Public Works Board; Commissioner, Birch Bay Water & Sewer Dist; Fmr President, Birch Bay Chamber of Commerce; Fmr Commissioner, NW Park & Rep Dist Education: Blaine Schools; BA, History & Political Science; Juris Doctor Qualifications related to position:23 years in public sector finance; lifelong resident in Birch Point & Birch Bad experience in grant writing & administration; conversant in NPDES, local topography, GMA, Shoreline Mg_mt Describe why you are interested in serving on this board or commission: property owner on Semiahmoo Bay; property owner on Birch Bay uplands; represent non -Birch Bay Drive constituents, familiar with strengths and weaknesses of taxing districts; desire for prudent, effective, thoughtful approach to watershed district issues 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? (X) yes ( ) no If yes, please explain: No financial interests full disclosure: Commissioner, Birch Bay Water & Sewer District References (please include name and daytime telephone number):Carl Reichhardt, P.E.-360 354-3687; Representative Kelli Linville--- 360 676-2619; Robert Carmichael, atty--- 360 647-1500 Signature of applicant: --J(, 01- As a candidate to a public board or commifsion, the above information will be available to the County Council, County Executive, and the public. 166 04/22/2008 11:40 3603663089 If C p V Hl {�PETE KREMEN �o QcQPAGE ILMEMBERS: County Executive sP_ vy Barbara E. Brenner, V-4 APB 2 Z 10Q&rie Casket' Schreiber HMSam Crawford ATCO COLI �y4�a+N6�0 (�®U�IrIL 1111 T Robert Kelly lr L. Ward Nelson Carl Weimer• APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: L Re. KIS.A,r -- ��coGrz Which position on this board are you applying for (if applicable)? M V_�-as � Which Council district do you reside in? ( ) One Are you a US citizen? (v) yes ( ) no Name: �E*4.sts ( ) Two (t-} Three Are you a registered voter? (" yes ( ) no Date: ' i - -7 !ci Street Address: 8 z L Z 8 L 2c tk t3 A. -1 ID-2 r V City: 'VEF>'t-A" t N >_ Zip Code: Mailing Address (if different from street address): _ Day Telephone: 6 0 -- t4q I -spa k4 Evening Telephone: 3 Go - 3"L ! = T t 9 1 3�9 E-mail address: -.- Fax Number: 3 G a �-3G E,-- c� 5. +� t o cvv�C�JR_ Occupation (If retired, please indicate former occupation): s e e---A P L,1,, L-A _ :professional/Community Activities: 1�.c� c-t �w�-r STb 2�-� w g�'R_ S 11 Education: _RP t— --'A C G61 1 Er'E�� CL"[ Qualifications related to position: t '� �nw�svx► S.cti=t� cq� q ix �.s Describe why you are interested in serv"tnj on th� ooard or commiss.4rion: yL��o�C,i�cu-and I.18dte- S� PS 1a�: zal� 1_ Do you or your spouse have a f riancial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( L+-no?_ IF yes, please explain: _ c�.r C L-v i- -A- C 1,3 T N �. 2 Lp.«.E--- Pa np �1 References (please include name and daytime telephone number): cad `3—I ( - `7 Signature of applicant: As a candidate to a public board or commission, the aWmfe information will be available to the County Council, County Executive, and the public. 167 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008 —186 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 4/24/2008 5/6/2008 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Appointment to Solid Waste Advisory Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice Be speclfec and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Appointment to fill vacancy on the Solid Waste Advisory Committee - Business/Industry Representative. Applicant: Carl Lundgren. Appointment is to fill partial term expiring 12/31/2009. COMMITTEEACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. DOS PETE KREMEN County Executive rP�GOM �Oo . �CCE VEDo3 ="� APR 21 2008 Tv �9sH 'N0 3 .11 s t,.f CA NCI 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 lame of board or committee -please see reverse: 0 ► d Ul asl-e Ad yi 5ory romm;-f-ee, Vhich position on this board are you applying for (if applicable)? P`es-ee-4I't 951we5s ITnJiJ Vhich Council district do you reside in? ( ) One OC) Two ( ) Three ►re you a US citizen? OK) yes ( ) no Are you a registered voter? yes ( ) no lame: d yl ►/d t! f Gt r uvi � �'� Yt Date: street Address: GOywa -e :ity: 3-e i n4OLW\ Zip Code: g a� tailing Address (if different from street address): q L i b-erlx �sl- �•, �vh -ey4.°ffj�i )ay Telephoner (3�a) �' �� Evening Telephone: (� o� 7l h - 30 7q ax Number: ���o) 71E-mail address: C Crj S'cf� 014el -eGsv Lecy J, Corh )ccupation (If retired, please indicate former occupation): Eus,hessyyw-er/ quna4d'e professional/Community Activities: k i yb .Sc i A SOCCer Coax- � V i rt-c�-nr oT IOa 9 :ducation: rAIA-elor S 'it u6v 5;1�lyOSAm � Cal��in►c; Walifications related to position: h y' a f S -f'XPen dire (rfork I\K4 Joy PnJ-d Uffc-esSOrs 1 A i Y e VIC' t 61, C Vff:fn1 Ililg" cscS Olr wf, )escribe why you are interested in serving on this board or commission: ISS ' Vv ���I <4- Ivl LG�"'T�1tir. +fI-? I�fr1Cl 1M D �V!-P I Ylif�r� I0vn�s`T Ih Ou r to you or your spouse have a financial interest in or are you an employee or officer of any business or gency that does business with Wh tcom Cg ? yes ( ) no F yes, please explain: (� a p_OCV C, lk t .eferences (please include name and daytime telephone number): J t V0 C9r'e�� C Q1r,�rl 1( 3�-q-q�7 ,ignature of applicant: i10 e iota (ram i l5 i z 001-e1ri W0 As a candidate to a public board or commission, the above information will be available toy 69 the County Council, County Executive, and the public.