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Packet Jun 7 2011
WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2011-198 CLEARANCES Initial Date Date Received in Council Of fike Agenda Date Assigned to: 617/11 Natural Resources Originator: � � VE C E E © MAY 3 1.2011 Committee Division Head.' S 3 l( f / DISCUSSI ITEM ON ON Dept. Head. Prosecutor: `AI ���/ Y H A IT C O M C {� V U N 1 1 Purchasin /Bud et. V COUNCIL �d� ?Y Executive: TITLE OF DOCUMENT: Discussion Item Only U p e('oc,'tC o n b "rc - 8" -- ads 1u S I-, c/ ci a ei i a A % c eQl �C 2 Ct 5 /31,09 /t' /vl> /S1tZa O ATTACHMENTS. None SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x) NO Requested Date: SUMMARYSTA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/councib WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive THROUGH: Frank Abart, Public Works Director4- 4- , IF. -A. FROM: Jon Hutchings, Public Works Assistant, Director,4- DATE: May 23, 2011 322 N. Commercial, Suite 210 Bellingham, WA 98225 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcoun tv. us RE: Project Agreement Amendment - Lower Canyon Creek Phase 1 Construction (RCO No. 07-1754R) Please find attached for your review and signature two copies of a Recreation and Conservation Office Amendment to the Project Agreement for the Lower Canyon Creek Implementation Phase 1 project (WCC #200804008). The amendment was initiated at the request of Public Works in April 2011. The amendment changes the project type from "Restoration" to a combination "Restoration and Acquisition" project. This will allow us to use the remaining grant balance of approximately $25,000 to acquire several small lots in Glacier Springs that will facilitate construction of a phase 2 project. The phase 2 project is currently in design and will integrate salmon recovery and flood hazard management objectives. No change in project budget is proposed. If you have any questions, please contact Jon Hutchings at extension 50693 or John Thompson at extension 50695. Cc: Project File Attachments (2) 2 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 200804008 Originating Department: Public Works Contract Administrator: John N. Thompson, L.E. G., Senior Planner Contractor's /Agency Name: Washington State Recreation and Conservation Office Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No X Yes X No If yes, previous number(s): _WCC# 200804008 Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) _RCO#07-1754R CFDA number Is this contract grant funded? Yes _ No If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes _ No If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15, 000 or a Bid is more than and any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $208,525 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $) agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. No Change Scope of Services This amendment of a Washington Recreation and Conservation Office grant to the Whatcom County Flood Control Zone District will change the project type from "Restoration" to a combination of "Restoration and Acquisition". This will allow use of approximately $25,000 in remaining grant funds to pursue voluntary purchase of up to 5 parcels that will facilitate construction of a phase 2 restoration and flood hazard management project. Contract: Expiration Date: June 30, 2011 Emof Contract Routing Steps & Signoj`-[sign or initiall (indicate date transmitted) 1. Prepared by: JNT Date_051201 011_[electronic] 2. Attorney reviewed: T iG� i II L • i Sa," Date os Z3 11 [electronic] 3. AS Finance reviewed: 496,iie Date 6�9, j� [electronic] 4. IT reviewed if IT related Date —T� [electronic] 5. Corrections made: Date electronic] hard copy printed 6. Attorney signoff. i i' ,vy,/ Date l?s t 1 7. Contractor signed: Date 8. Submitted to Exec Office Date [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13. Returned to dept, Date 14. County Original to Council Date this form may need to expand to more than one page Contract for Services Agreement Cost Amendment For Lower Canyon Creek Implementation Phase 1 v 1.0 "y WASHINGTON STATE Recreation and Conservation Office Amendment to Project Agreement Project Sponsor: Whatcom County FCZD Project Number: 07-1754R Project Title: Lower Canyon Crk Implementation -Ph 1 Amendment Number: 2 Amendment Type: Project Type Change Amendment Description: The project is changed from a restoration only project to a combination project, which includes both restoration and acquisition. The restoration is complete and the grant balance of --$25k will be utilized to pursue acquiring up to five small parcels necessary to implement the Phase 2 restoration. The proposed properties complement previous acquisitions completed in project #01-1263. Project Funding: The total cost of the project for the purpose of this Agreement changes as follows: Old Amount New Amount Amount % Amount % RCO - PSAR $156,375.00 74.99% $156,375.00 74.99% Project Sponsor $52,150.00 25.01% $52,150.00 25.01% Total Project Cost $208,525.00 100% $208,525.00 100% Admin Limit $0.00 5.00% $0.00 5.00% A&E Limit $48,121.15 30.00% $48,121.15 30.00% Agreement Terms In all other respects the Agreement, to which this is an Amendment, and attachments thereto, shall remain in full force and effect. In witness whereof the parties hereto have executed this Amendment. State Of Washington Recreation and Conservation Office BY: (;& & Kaleen Cottingham TITLE: Director Whatcom County FCZD SEA 19-17706WE0 e,W/✓rY S/CrNAn'P4—_ /AGE AGENCY: BY: j TITLE: DATE: `D I� DATE: Pre -approved as to form: BY: /S/ Assistant Attorney General PSAR Project Project Type Change Amendment Salmon Fundina Accounts Chanter 77.85 RCW. Chapter 420 WAC AMENAGRI.RPT 4 WHATCOM COUNTY: Recomm nded for Apr al: `- ,�aO' De (rtment Director Date Approved as to form: 1 / 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 , 2011, 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 Contract for Services Agreement Cost Amendment For Lower Canyon Creek Implementation Phase 1 v 1.0 k Amendment Agreement Description Project Sponsor: Whatcom County FCZD Project Number: 07-1754 R Project Title: Lower Canyon Crk Implementation -Ph 1 Amendment Number: 2 Agreement Description This project implements the preferred restoration alternative for Lower Canyon Creek, a tributary of the North Fork Nooksack River. Canyon Creek provides key tributary habitat for ESA listed chin000k salmon, bull trout, steelhead, and other salmonids and with 3.9 miles of habitat above the current partial fish barrier. The downstream 520' will be removed from a 2400' long levee that was installed to protect a sub -division and County roads following three damaging debris floods in 1989 and 1990. After levee installation, a partial barrier to salmonids developed at a bedrock notch that limits access to historic spawning and rearing habitats. Project design targeted options to restore full passage and habitat complexity and diversity. The analysis identified an "hourglass" constriction formed by the levee as the primary factor limiting stream function and habitat formation. The unfavorable hydraulics created increase sediment transport and channel incision at the bedrock notch; this perpetuates the continued passage problems. Partial levee removal will allow the stream to migrate away from the bedrock notch with access to 18.4 acres of historic migration area. This is made possible by properties (>70 acres) already purchased by the County and Whatcom Land Trust to restore salmon habitat and reduce flood risk. The site will be monitored after levee removal to determine the need for additional treatments to ensure passage and promote restoration of proper habitat structure and functions. AAGREEDSC.RPT May 12, 2011 6 Pagel Amendment Special Conditions Project Sponsor: Whatcom County FCZD Project Number: 07-1754 R Project Title: Lower Canyon Crk Irriplementation-Ph 1 Amendment Number: 2 Special Conditions 1. On July 1, 2007, the name of the Interagency Committee for Outdoor Recreation changed to the Recreation and Conservation Funding Board and the office name changed to the Recreation and Conservation Office. The General Provisions of the Project Agreement do not reflect this change. To allow immediate implementation of this project, the existing provisions are hereby incorporated into the agreement. All references to the Board refer to the Recreation and Conservation Funding Board. References to the Office refer the Recreation and Conservation Office. 2. Before reimbursement of any restoration related expenses, the sponsor must comply with Governor's Executive Order 05-05 regarding Archeological and Cultural Resources for the scope of work approved in this Project Agreement. The Recreation and Conservation Office will issue a notice to proceed when appropriate documentation has been received. In the event that archaeological or historic materials are discovered during project activities, work in the immediate vicinity must stop; the area must be secured, and the Sponsor must notify the concerned tribe's cultural staff and cultural committee, the Recreation and Conservation Office, and Department of Archaeology and Historic Preservation. ASPECCOND.RPT May 12, 2011 7 Page 1 Amendment Eligible Scope Activities Project Sponsor: Whatcom County Flood Control Zone District . Project Number:07-1754 Project Title: Lower Canyon Crk Implementation -Ph 1 Project Type: Restoration Program: Puget Sound Acq. & Restoration Amendment #: 2 Restoration Metrics Worksite #1, Canyon Creek Targeted salmonid ESU/DPS: Targeted species (non-ESU species): Project Identified In a Plan or Watershed Assessment: Type Of Monitoring: Estuarine / Nearshore Project Total Amount Of Estuarine / Nearshore Acres Treated: Creation of new estuarine area Acres of Estuary Created: Estuarine plant removal / control Acres of Estuary Treated for plant removal/control: Fish Passage Improvement Miles Of Stream Made Accessible: Square Miles Of Habitat Opened: Fish passage blockages removed or altered Number of Blockages/Impediments/Barriers Removed/Altered: Type Of Barrier: Instream Habitat Project Total Miles Of Instream Habitat Treated: Channel reconfiguration and connectivity Type of change to channel configuration and connectivity: 'Miles of Stream Treated for channel reconfiguration and connectivity Miles of Off -Channel Stream Created: Acres Of Channel/Off-Channel Connected Or Added: Instream Pools Created/Added: Streambank stabilization Miles of Streambank Stabilized: Permits Obtain permits Architectural & Engineering Architectural & Engineering (A&E) Chinook Salmon -Puget Sound ESU, Chum Salmon -Puget Sound/Strait of Georgia ESU, Coho Salmon -Puget Sound/Strait of Georgia ESU, Pink Salmon -Odd year ESU, Steelhead-Puget Sound DPS Bull Trout, Cutthroat Nooksack Chapter of the Puget Sound Chinook Recovery Plan, 2005. Implementation Monitoring 1 11 18.4 The 18.4 acres applies to restoring access to historic channel migration area. fire, 2.50 2 1 Ford Channel Bed Restored 0.10 0.00 0.0 0 ma AELIGREIM.RPT May 12, 2011 Poe: WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 208 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Origin lor: P 6/1/2011 6/7/2011 Natural Resources Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Discussion regarding surface water development regulation 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.) COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www co.whatcom.wa.us/council. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-191 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PjG 05/09/2011 j� [E C � � R E D W \1V{/ MAY. 1. 7 2011 5124111 Finance/Council Division Head: 6/07/2011 Finance/Count 3.f ( Dept. Head: ,gf ��` HATC®'Vg\'COUNTY COUNCIL Prosecutor. - [ Z - � Bb' �Q, 5112111 Purchasing/Budg � /�f Executive: -1 ?-// TITLE DOCUMENT. Birch Bay Watershed Action Plan Consultant Contract Amendment ATTACHMENTS: (1) Memo to County Administration (2) Contract for Services Agreement SEPA review required? ( ) Yes ( x ) No Should Clerk schedule a hearing ? ( ) Yes (x ) SEPA review completed? ( ) Yes ( x ) No No Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Approval of Contract with ESA Adolfson and Sub -contractors to amend original Scope of Work. COMMITTEE ACTION: COUNCIL ACTION: 5/24/2011: Forwarded to Council for approval 5/24/2011: Held in Committee, 4-2 Weimer & Crawford opposed and Larson absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. it 10 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TFY 800-833-6384 360-738-2525 Fax MEMORANDUM TO: Pete Kremen, County Executive THROUGH: Sam Ryan, Director FROM: Peter Gill, Senior PlannerQLA RE: ESA Contract Amendment DATE: May 9, 2011 J.E. "Sam" Ryan Director pp UEN MAY 13 2011 PE t! E KRE"INAEN COUNTY EXECUTIVE Enclosed are two (2) originals of the contract amendment #3, to Whatcom County contract #200903019, between ESA Adolfson and Whatcom County for your review and signature. ■ Background and Purpose Grant funding was secured in 2008 to implement watershed based land use management program within the Birch Bay Watershed. Implementation tools include an incentive based, low impact development program and a critical area buffer mitigation program aimed at providing landowners options when developing lands. ESA Adolfson, Inc. and sub -consultants were selected through a Request for Proposal and an interview in February 2009. ■ Funding Amount and Source This is an addition of $19,872.00. Contract will be paid through an existing grant (WC contract #200810007), and is budgeted in the Planning and Development Services fund #2584. ■ Differences from previous contract This amendment adds work to the contract that includes a stormwater calculator intended to assist homeowners in sizing stormwater facilities. Changes also add meetings for consultants to provide technical information to decision makers and the general public. Please contact Peter Gill at extension 50263, if you have any questions or concerns regarding the terms of this agreement. 11 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. �oo�i03019—.3 Originating Department: Planning and Develoment Services Contract Administrator. Peter Gill Contractor's /Agency Name: ESA Adolfson Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No x Yes x No _ If yes, previous number(s): 200903019-2 Is this a grant agreement? Yes _ No x If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes x No _ If yes, associated Whatcom County grant contract number(s) 200810007 Is this contract the result of a RFP or Bid process? Yes x No _ If yes, RFP and Bid number(s) 08-109 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 $237, 606.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10 % increase in amount or more than $10, 000, whichever is $19,872.00 greater, must also go to Council and will need an agenda bill and Total Amended Amount. supporting memo. If less than these thresholds, just submit to $257, 478.00 Executive with supporting memo for approval. Scope of Services This amendment amends the original contract to provide additional public outreach, additional engineering support, and review of implementation program with PDS staff. Term of Contract: Expiration Date: December 31, 2011 Contract Routing Steps & Signoff: (sign or initial) (indicate date transmitted) 1. Prepared by. bb Date 519111 [electronic] 2. Attorney reviewed: RB IfAz 97 Date 519111 [electronic] 3. AS Finance reviewed: bbennett Date 5112111 [electronic] 4. IT reviewed if IT related: Date [electronic] 5. Corrections made :�-/ i, Date [electronic] hard copy printed 6. Attorney signoff. Date s c a c 7. Contractor signed: Date 8. Submitted to Exec Office: Date Va (summary via electronic; hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original: Date 13. Returned to dept. Date 14. County Original to Council. Date 12 Whatcom County Contract No. 42-009 03a 1 9'-3 Amendment No. 3 Whatcom County Contract No. 200903019 CONTRACT BETWEEN WHATCOM COUNTY AND ESA ADOLFSON THIS AMENDMENT is to the Contract between Whatcom County and ESA Adolfson, dated April 1, 2009 and designated "Whatcom County Contract No. 200903019". In consideration of the mutual benefits to be derived, the parties agree to the following: This amendment increases the maximum consideration by $19,872 to a total consideration of $ 257,478.00, as described in Exhibit B-2. This Amendment also adds new tasks to the Scope of Work, as described in Exhibit A-2: Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect on the date of signature. IIV WITNESS WHEREOF, Whatcom County and P54 have executed this Amendment on the date and year below written. DATED this 12�k day of %ll l , 2011. CONTRACTOR: CONTRACTOR SA Adolf STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this 12 day of Inq , 20_, before me personally appeared /%1Urgavef'aad�� to me known to be the Dtrec(�r— of L-5A- and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. ITOTARY PUBLIC in and for tl a State of Washington, residing at Notary Public Kfna 60ad 1 My commission expires '(l o State of Washington SUSAN MELINDA SJORK My Appointment Expires Apr 17. 2012 13 WHATCOM COUNTY: Approved as to form: Pros cutirJ7 "r en y Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) SS COUNTY OF WHATCOM ) On this day of , 2011, 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. CONTRACTOR INFORMATION: ESA Adolfson 5309 Shilshole Ave. NW, Suite 200 Seattle, WA 98107 Contact Name: Margaret E. Clancy, PWS Contact Phone: (206)789-9658 Contact FAX: (206)789-9684 Contact Email: mclancy@esassoc.com NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires 14 Exhibit A-2 Birch Bay Watershed Action Plan Amendments to Scope of Work Task 6: Meetings ESA will host one (1) project team meeting in Seattle and attend up to three (3) Whatcom Planning Commission and/or County Council meetings in Bellingham, in support of the continued development and County adoption of the LID Manual, Mitigation Plan, and related. Whatcoin County Code (WCC) revisions. Assumption • Each nneeting will last approximately 4 iloiirs_ Task 7: LID Manual ESA will provide continuing support for the development of the LID Manual and associated inateria- s. This task has several components: a. Revise stormwater calculator tool (Excel spreadsheet), per County comments; b. Revise the LID Manual, per County and public comments: and c. Provide graphics support for the Final inanual. Assumptions • The stormwater calculator will undergo no more than two (2) rounds of revisions, per comments by County staff. • The LID Manual will undergo no inore than two (2) rounds of revisions. This task .is limited to revising the existing draft manual; major changes or additions to content are not anticipated. • Graphics supportwill be limited to revising existing graphics in the LID Manual and formatting the final electronic document for production. This task does not include production of paper copies. Deliverable • Electronic copy of final LID Manual and stormwater calculator spreadsheet. Task 8: Code Assistance ESA will assist in the development of WCC code language for the adoption of the Birch Bay Action Plan. This includes providing review comments on the draft code sections (provided by Whatcom County), and ongoing technical assistance. Delivennhie • Memo assessing potential it npie nientation. issues that need to be addressed prior to Cotttnty Council review (public document). • The cost estimate. assumes 12 hrs of technical assistance. 15 O 0 4-J Lfu Ln 0 a+ (u O U C -J Q) f0 E u m Q _ E +j (n 0 = x O Q)(/J Q) (n .- Ln N O O U U Q) 0 � (Q m (a (n (n L OE L O ate+ O U = U -r � O M 4-1 -- fu 4-1= O (n 00 (Q U � a--+ U a Q) a-1 Ol � O ._ 4-JO fu � � 0 U L U C E w a+ f0 0 -p O U > 4-J >, L O — = -061 V a-J fu O E C O L 4-J U V .N fu . 0 (n a--+ •> 4-J 4-' _ L 4-1 (Q U) O of 1 C Q L � L U 4-J cn O ' N O L 4- O O O � 0) U O .O 4^-J` > L 0- i n > CO 4-JC O Q) C — - W r Ol U (a O - Q) En O Q)Q� O U U O Ln 4-JO a-•+ U L� 4-J O L O = O N C O fu 4-1 0) 0) 0- D x NQ���OQOL�� m M +� _ '� U .� U O ca � y( L Ln (a -0 Ln 4! -0 >` Ln (a s = w • 0 oU Ln Q (ten X E a��— > _ +J W O O 4-J O (v E ca ca C v —1 X0 �Q-°'0E O U (n � (a _fu (a � O fu O U En 0 L 1--i = � Q U U > Q) O E Q � � 0- Q) U — � Q)-0 O f0 Q ��EU )Q) 4-J Ln fu Q (n _0 Uj O L (n a••' OL O @ p ca 61 E OU O Q O a+ 4-, O (Q (a a+ U cn M 1 U U O � O 4 cn O te U L C _O U �` � Q) a-J > LnO Q) OU -0 0 (nL0LQ���=� O 0) O (Q O L O O 4-J .-0 C 4 O L a--+ 4-1 O L a.., W 41 U W � a) Ln L -a O � Q) � L- Ln — Z) E � o0Ecn0a,�Eu0 U' L 0-0 C ca O O o Q aE44 o �� _ En (Q -0 = C L Ln O x E L O (n -p c E Q U O O U Ln> O O U f0 O-0 L U a--+ E M Q) a•-+ L Z) O � _0 a••1 ._ C: 0- Z) = a..t UU r =o c w u W u o� U :0!Q �' r•• i �'� 49 `ice i f-A i f5f 1 i i 1 i 1 s l i i i i i i t i I � i i iTi i i i i i i p i i a+ i i i i i LP i - - �� --- - CL i i i I i 1 i i i 1 AM hr � 1 1r ^1 I I 1 .� .� SfjGIl1 i i i i i i T� 3• i i i i i i i i i i i ID � 1YYet!! 4 i i i 1 1 1 F_ w 69,� G, '1 Y ` i i i i i 1- co! co i i i i i i i m 1 1 � to �•� I i� i ' V 1 i El U! eiF-i •i �`� g •2 i i �•ijJL wCi iCp .0 16 WHATCOM COUNTY COUNCIL AGENDA BILL NO AB2011-199 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 5/23/11 6/07/11 Finance/Coun RR-' E C` E Division Head: MAY 3 1 2011 WHATCOM COUNTY Dept. Head: Prosecutor. (� Purchasin lB t: IA55/23/ 11y COUNCIL ��C ) -5-3k )t Executive" TITLE OP DOCUMENT. Setting a hearing to declare property surplus ATTACHMENTS: Resolutions & list of property to be declared surplus SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached list of equipment has been determined to be surplus and available for disposal by public auction or sealed bid. The Council may find by resolution, following a public hearing that it is in the public interest to declare the property surplus and make said property available to sell by public auction. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. ii 17 SPONSORED BY: PROPOSED BY: DATE INTRODUCED: RESOLUTION NO. A RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND THE SETTING OF A DATE FOR PUBLIC HEARING THEREON PURSUANT TO WCC 1.10 WHEREAS, the following described property listed in Exhibit "A", hereby incorporated by reference, is now and has been the property of Whatcom County; and WHEREAS, the County Purchasing Agent has determined that it is in the best interest of the County to sell such property; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that a public hearing on the matter of the sale of such property be held on the , 2011 at or as soon thereafter as is possible, in the Whatcom County Council Chambers at 311 Grand Avenue, Bellingham, Washington, for the purpose of admitting testimony for and against the propriety of selling such equipment; and BE IT FURTHER RESOLVED that the Clerk of the County Council is directed to give notice of such hearing in the manner prescribed by law. APPROVED this day of , 2011 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ATTEST: Dana Brown -Davis, Council Clerk V ED AS TO FOR 1't� 7X � Civil Deputy Prosecuting Attorney EXHIBIT A WHATCOM COUNTY PUBLIC WORKS EQUIPMENT SERVICES DIVISION FUND CAPITAL EQUIPMENT SURPLUS REQUEST MAY 2011 PUBLIC WORKS — EQUIPMENT SERVICES UNIT YEAR MAKE MODEL DEPT VIN # EST MILES 1 HRS COMMENTS 0014 1996 FORD RANGER SIC 4X4 P&DS 1 FTCR15U4TPBP6161 128,578.0 TURNED IN 0040 1992 FORD TAURUS ASSESSOR 1FALP501_12NG219426 55,991.0 TURNED IN 0044 1992 DODGE D150 4X2 NXWD 1 B7HE16Y7NS667876 84,386.0 0051 1994 CHEVROLET S-10 PICKUP HEALTH 1GCCS19Z7R8190750 103,868.0 TURNED IN 0071 2001 CHEVROLET CAVALIER HEALTH 1G1JC524X17404935 64,482.0 TURNED IN 0078 1999 FORD RANGER4X2 HEALTH 1FTYR14V1XPA64313 85,258.0 TURNED IN 0347 2004 ROSCO RB48 ROTOR SWEEPER PW-M&O 480042024 4,131.0 0349 2004 GEFFS 2003-8 SIDE SWEEPER PW-M&O 040302 1,935.0 0358 1989 GRADALL G3WD 4X4 PW-M&O 0133259 5,879.0 0581 2000 WESTERN SNOW PLOW PW-M&O N/A N/A 0872 1995 FORD RANGER S/C 4X4 PARKS 1FTCR14U5SPA77804 91,195.0 TURNED IN 6045 2003 FORD EXPEDITION 4X4 SHERIFF 1FMPU16L23LC14450 146,895.0 6136 2004 FORD CROWN VICTORIA SHERIFF 2FAFP71W74X152291 101,269.0 K-9 6904 1999 JOHN DEERE GATOR 4X2 PARKS M004X2Y041366 N/A TURNED IN DESCRIPTION Miscellaneous broken & unusable tools, parts, and supplies Used & unsalvageable bridge decks Miscellaneous unusable inventory items culvert, timbers, etc. Miscellaneous mower items GENERAL FUND —SURPLUS EQUIPMENT UNIT YEAR MAKE MODEL 1 DESCRIPTION DEPT VIN # 1 SERIAL # COMMENTS DESCRIPTION — Non Capital Small Tools & Equipment Miscellaneous worn or broken office eauioment & furniture worn or broken 19 WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2011-200 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DS 05123111 f�^S I� ll LLB u LL I� C E V IE D 06107111 Finance Committee Council Division Head: MAY 3 11011 MM 05/23/11 Dept. Head: WHATCCM COUNTY COUNCIL Prosecutor: c .. �� Purchasin /Budg . / G r Executive: l� 5'3- l/ TITLE OF 4CWMENT. Agricultural License Agreement between Whatcom County and Coldstream Farm, LLC. ATTACHMENTS: Memorandum to Executive Kremen 2 Copies of the Proposed Agricultural License Agreement Certificate of Liability Insurance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request to enter into an Agricultural License agreement between Whatcom County and Coldstream Farm, LLC. The Agricultural License allows for Coldstream Farm, LLC permission to access and harvest the hay crop on approximately 58 acres of farm land known as "South Fork Park — Galbraith Farm Parcel". This license shall be for a term commencing on April 1, 2011 and terminating on October 31, 2011 and may be terminated by either party upon 30 days written notice. Coldstream Farm, LLC has had the Agricultural license agreement for this property in the past. The licensee shall pay Whatcom County Parks & Recreation Department $3,840.00 for the Agricultural License. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. ww►v.co.►vl:atcom.wa.uslcouncil. WHATCOM COUNTY CONTRACT 20 WHATCOM COUNTY PARKS & RECREATION 3373 Mount Baker Highway Bellingham, WA 98226-9522 TO: FROM: RE: DATE: Pete Kremen Whatcom County Executive Michael McFarlane, Directo MICHAEL G. McFARLANE Director R$ MAY 2 6 2011 PETE KPEDAEN COUNTY EXECUTIVE Agricultural License Agreement with Coldstream Farm, LLC May 25, 2011 Enclosed are two (2) originals of the License Agreement between Whatcom County and Coldstream Farm, LLC for your review and signature. ■ Requested Action The Parks & Recreation Department respectfully requests the County Executive to enter into an Agricultural License agreement with the Coldstream Farm, LLC for a 7 month period. ■ Background and Purpose The Agricultural License allows for Coldstream Farm, LLC permission to access and harvest the hay crop on approximately 58 acres of farm land known as "South Fork Park — Galbraith Farm Parcel". This license shall be for a term commencing on April 1, 2011 and terminating on October 31, 2011 and may be terminated by either party upon 30 days written notice. Coldstream Farm, LLC has had the Agricultural license agreement for this property in the past. ■ Funding Amount and Source The licensee shall pay Whatcom County Parks & Recreation Department $3,840.00 for the Agricultural License. Please contact the Michael McFarlane at extension 32073, if you have any questions or concerns regarding the terms of this agreement. Encl. Phone (360) 733-2900 FAX (360�k6-1180 INFORMATIONSHEET Whatcom County Contract No. �01105�1 S Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /A ency Name: Coldstream Farm, LLC Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes , No If yes, previous number(s): Is this a grant agreement? Yes _ No X_ If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid numbers) 11-37 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 $ $3.840.00 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 $ n/a and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ n/a Scope of Services Request to enter into an Agricultural License agreement between Whatcom County and Coldstream Farm, LLC. The Agricultural License allows for Coldstream Farm, LLC permission to access and harvest the hay crop on approximately 58 acres of farm land known as "South Fork Park - Galbraith Farm Parcel". This license shall be for a term commencing on April 1, 2011 and terminating on October 31, 2011 and may be terminated by either party upon 30 days written notice. Coldstream Farm, LLC has had the Agricultural license agreement for this property in the past. The licensee shall pay Whatcom County Parks & Recreation Department $3,840.00 for the Agricultural License. Term o Contract: 7 months Ex iration Date: 1013 MI Contract Routine Stevs & Signof - [sign or initiall (indicate date transmitted 1. Prepared by: Michael McFarlane, Date [electronic] 2. Attorney reviewed: -�� Date S � 5 ( [electronic] 3. AS Finance reviewed.• /'�' Date ( electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made. _ Date [electronic] hard copy printed 6. Attorney signoff.• Date S-- -2S-1 ( 7. Contractor signed: Date .S' ZO ` 6I 8. Submitted to Exec Office ✓ Date 5--,7 (o /I [summary via electronic; hardcopies] Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept; 14. County Original to Council Date Date Date Date Date this form may need to expand to more than one page 22 COUNTY ORIGINAL ON T R'A�T NO. '20 1 t 0501$ AGRICULTURAL LICENSE AGREEMENT BETWEEN COLDSTREAM AND WHATCOM COUNTY PARKS & RECREATION DEPARTMENT WHATCOM COUNTY (PARKS & RECREATION DEPARTMENT), a municipal corporation, LICENSOR, hereby grants unto COLDSTREAM FARM, LLC, 2304 Valley Highway, Deming, Washington 98244, LICENSEE, permission to access and harvest the hay crop on approximately 58 acres of farm land known as the "South Fork Park- Galbraith Farm Parcel" located thereon and more particularly described as follows: The northern portion of Section 8, Township 37 North, Range 5 East, as shown on attached Exhibit A. This license shall be for a term commencing April 1, 2011 and terminating October 31, 2011. It may be amended or terminated at any time by mutual written agreement of both parties, and may be terminated by either party upon 30 days written notice to the other party. In the event Licensee becomes in default of any of the covenants or conditions hereof, the Licensor, at its option, shall also have the right to terminate this license and any options to renew. As per the Licensee's response to the Request for Proposal 11-37, Licensee shall be granted a first right of refusal on - licenses for the 2012, 2013, 2014 and 2015 crop seasons conditioned that the Licensee interseed the crop field during the 2011 season. If the Licensee elects not to interseed the field in 2011, the first right of refusal will be limited to the 2012 and 2013 crop seasons. It is further agreed as follows: 1. LAND PRACTICES Licensee shall conform to accepted practices for good land/crop management in the use of said land and comply with all county and state critical areas ordinances. Licensee shall repair or restore at his own expense, areas (including but not limited to fields and roads) that are damaged by Licensee, his employees and agents. Land License Ap-reement — Pale 1 of 4 23 2. INDEMNIFICATION AND HOLD HARMLESS Licensee shall protect, defend, save harmless and indemnify Whatcom County and the Parks & Recreation Department from and against all claims, suits, and actions arising from negligent acts or omissions of the Licensee or authorized subcontractors, and the agents or employees of either in the performance of this agreement. 3. INSURANCE Licensee shall maintain in effect throughout the term of this agreement general liability insurance covering the activities that occur on the premises by the Licensee, or any agents of the Licensee, in the amount of $150,000 for injury or death of any one person and $300,000 for injury to or death of any number of persons in one occurrence, and property damage liability insurance in the amount of $50,000. Licensee shall provide proof of such insurance to Whatcom County prior to any activity. 4. CROP CONDITION Licensor does not warrant the quality or condition of the grass crop. Crop is taken upon an "as is" basis. Land cannot be plowed and planted to another crop. Licensee is permitted to interseed the existing grass crop. Further, Licensee shall hold Whatcom County free and harmless from all crop damages caused by flood, drought, fire or any other cause. 5. PAYMENT As consideration for this license, Licensee shall pay to Whatcom County Parks & Recreation Department on or before June 30th, 2011: THREE THOUSAND EIGHT HUNDRED FORTY DOLLARS AND NO CENTS ($3,840.00), which includes state sales tax. 6. PROHIBITION AGAINST ASSIGNMENT Licensee agrees not to let the whole or any part of said premises, nor assign this Agreement, or any interest therein without written consent of Licensor. 7. NOTIFICATION OF OTHER CONDITIONS AND USES OF THE PROPERTY Licensee is hereby notified of the following conditions and concurrent uses of the property: a. The public has access to the farmland for recreational purposes and will be allowed to walk on the fields. Licensee must get approval from Licensor to temporarily limit public access to the fields during certain farming practices. b. Licensee must have a Field Nutrient Management Plan on file with the Licensor and Whatcom Conservation District for use of commercial fertilizer or manure on the property. If manure is used, an Import -Export Agreement will also be required. Land License Agreement — Page 2 of 4 24 c. Operation of motorized vehicles on the property by the Licensee, its agents, subcontractors and employees is restricted to activities related to the growing and harvesting of the crop. d. Application of any herbicide or pesticide on the property will require permission from the Licensor and be subject to all requirements of RCW 17.21. e. Should the Licensor require use of a portion of harvestable crop field for park development that would preclude the Licensee from harvesting this area during the terms of this agreement, the Licensee's payment will be adjusted based upon the rate of $60.00 per acre and prorated for sales tax and cuttings taken. The Licensee will also be entitled to an additional prorated adjustment based on the rate of $50.86 per acre for any area removed by the Licensor but only if the Licensee interseeds the said area prior to the Licensor's notification of need. This is a one time adjustment for interseeding expenses and will not be reflected in any future licenses that the Licensee may opt for under the first right of refusal. . SIGNED AND AGREED this_0 day of , 2011. LICENS COLDSTREAM FARM, LLC J, STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this O da of M 2011, personally appeared before me �.: ►� to known to be the individual(s) described in and who executed th ithin and foregoing instrument, and acknowledged that she/he/they signed the same as her/his/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given ud and seal this �p day of ►�1 , 2011. K•SM�jy% Q ••Sg10 N E •• '�. .�` 4V OTAdvAl r—� �•,. s c> y : = NOTARY PUBLIC in and for the State . N ; NG ; 2� AZZ��.`'� �'� of Washington, residing at ���O, �``���. My Commission expires: W u1n11114" 0 Land License Aueement — Pale 3 of 4 25 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 ; 2011, 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 , 2011. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNT PARKS & RECREATION DEPARTMENT APPROVED AS TO FORM: Dg ty.--'P<i�eeufii g Attorney Land License Ap-reement — Pa2e 4 of 4 W EXHIBIT A TRAIL LEGEND Multi -Use Trail EM Hiking/ Bicycle Trail m® ------ Hiking Trail SOUTH FORK PARK -Alt' GALBRAITH FARM TRAILHEAD 27 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011-201 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: RJB 5/11/11 524/11 Fin/Council Division Head: MAY 3 1.2011 1NHATCOM COUNTY Dept. Head: Prosecutor: Purchasin /Bud , � � � lr COUNCIL Executive:IL TITLE O OCUMENT. Point Roberts Senior Activity Program Agreement and Lease ATTACHMENTS: Attached Agreement and lease SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request approval for the Whatcom County Executive to enter into an Agreement and Lease with the Point Roberts Parks & Recreation District for financial support to the Whatcom County Park & Recreation Department Senior Services Program and use of the Community Center for the period May 1, 2011 to December 31, 2015 COMMITTEE ACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers. Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. We Whatcom County Parks & Recreation 3373 Mt. Baker Highway Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive FROM: Michael G. McFarlan— Michael G. McFarlane] Director MAY 1 9 2011 FETE KRlrMEN COUNTY EXECUTIVE RE: Point Roberts Senior Activity Program Agreement and Lease DATE: May 12, 2011 Enclosed are two (2) originals of the Point Roberts Senior Activity Program Agreement and Lease between Whatcom County Parks & Recreation Department Roberts Parks & Recreation District for your review and signature. ■ Background and Purpose This agreement provides $2,000 annually from the Point Roberts Parks & Recreation District to cover staffing costs for one day per week. Use of the Community Center owned by the District is also leased to the Parks & Recreation Department for two days each week to house the Senior Activity Center Program at Point Roberts. ■ Funding Amount and Source Point Roberts Parks & Recreation District provides $2,000 annually to cover a second day of operations for the Senior Services Program. Whatcom County Parks & Recreation Department has budgeted a $600.00 annual payment to the Point Roberts District in 2011 and 2012 to help cover building and telephone expenses. Whatcom County Parks & Recreation is allowed to use the Point Roberts Community Center two days each week to operate -the Senior Activity Program. ■ Differences from Previous Contract This agreement is similar in content to past contracts between the Parks Department and the District, however the term is shorter. Please contact Rob Bunnett at extension 32073, if you have any questions or concerns regarding the terms of this agreement, Encl. 29 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,,,2lO// OS OOq Ori 'nating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Point Roberts Parks & Recreation District 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 amejdmenW $ �QJ. DO �% 5/ G /�< �d,d'✓ $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 $ 7� 0 d $10,000, whichever is greater, must also go to Council and will need an agenda bill nd supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: �` supporting memo for approval. Scope of Services Agreement provides $2, 000 annually in funding from the Point Roberts Parks & Recreation District to cover 2" d Day operations at the Community Center. Whatcom County Parks & Recreation Department provides $600.00 annually to the District to help cover the cost of utilities and telephone. Use of the Community Center facility owned by the District is leased to Parks two days each week for the period May 1, 2011 to December 31, 2015. Term of Contract: May 1. 2011 j Expiration Date :December 31, 2015 Contract Routing Steps & &gnoff.- [sign or initiall (indicate date transmitted? 1. Prepared by: R. Bunnett Date 5111111 2. Attorney reviewed: i Date,('- In _ [electronic] 3. AS Finance reviewed. 0 Date [electronic] _ 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] 6. Attorney signoff.• Date 7. ctnr signed:6 Dis> cYr,/ Date S-it -/1 8. Submitted to Exec Office Date S-/ 17 1 [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] 30 ORIGINAL WHATCOM C UN -IN" COUNTYCONTRACT- NO. 2ot/o5oo� POINT ROBERTS SENIOR ACTIVITY PROGRAM AGREEMENT AND LEASE This Agreement and Lease is made and entered into by WHATCOM COUNTY, a Washington charter home rule County, hereinafter referred to as "WHATCOM COUNTY" and the POINT ROBERTS PARK & RECREATION DISTRICT, hereinafter referred to as "DISTRICT„, as follows: Whereas, DISTRICT owns and maintains the Point Roberts Community Center facility upon the following premises, situated in Point Roberts, Whatcom County, Washington to -wit: The building known as the "Schoolhouse" situated on a tract of land, located in Section 3, Township 40 North, Range 3 W.M. described as; Commencing 338 feet East and 20 feet South of the Northeast comer of Lot 4, Section 4, township 40 North, Range 3 West of W.M., thence East 200 feet, thence South 193 feet; thence North 193 feet to Point of beginning. Whereas, WHATCOM COUNTY, through its Parks and Recreation Department, operates a program to coordinate benefits and activities for senior citizens at selected senior citizen centers strategically situated throughout Whatcom County; Whereas, since November 26, 1973 through December 31, 2010, DISTRICT leased to WHATTOM COUNTY a portion of the Point Roberts Community Center as one of its Senior Activity Center facilities; Where as the parties have agreed an accord relating to the extension of their relationship for a period of four (4) years and eight (8) months; Now Therefore Coyne Now the parties hereto and covenant and agree as follows: Lease Granted. in consideration of the premises, and in exchange mutual benefits to be derived from this Agreement DISTRICT hereby leases to Parks and Recreation Department of WHATCOM COUNTY for use as a Senior Activity Program, Room #1 Lounge Area, Room #2 Dining Room and Kitchen, and. Room #3 Small Meeting Room. 2. Term. This Agreement shall run for a full term of four (4) years and eight (8) months from May 1, 2011 to December 31, 2015. 31 Point Roberts Senior Activity Program Agreement and Lease Page 2 3. Extent of Use. WHATCOM COUNTY's use of the DISTRICT facilities shall be nonexclusive. WHATCOM COUNTY shall ensure that at the close of each use period the leased portions of the Community Center building are neat, clean, and tidy, and secured. In addition, DISTRICT shall not be responsible to WHATCOM COUNTY for theft, destruction or injury to tangible personal property left unsecured in the premises between senior citizen activities. 4. Preferential Use. The Point Roberts Senior Activity Program is accorded preferential use for up to two (2) guaranteed scheduled days during each calendar week. Senior Activity Programs are currently scheduled on Wednesday and Friday from 9:00 a.m. to 3:00 p.m. The Senior Program is also entitled to schedule special events with prior approval from the DISTRICT. Provision of a second day by the COUNTY is contingent upon the DISTRICT providing payment to the Parks and Recreation Department in the amount of $2,000 annually to help defray the cost of operations. Payments will be made by the DISTRICT to Parks and Recreation Department on a quarterly basis. Provision and funding of a second day of operation is subject to annual renewal provided that both parties mutually agree that Point Roberts Senior Activity Program attendance levels are sufficient to justify continuation of the program. 5. Supervision of Activities and Keys. The COUNTY will insure that a paid employee or trained volunteer will be onsite to adequately supervise Senior Activity Programs at all times. The DISTRICT will issue a full set of keys to COUNTY to provide access to leased areas of the building. The COUNTY will check these keys out to the paid staff person supervising Senior Activity Program activities. 6. Scheduling of Users. Control of the facility and scheduling of its use remain with the DISTRICT, with specific times of use by senior citizens to be coordinated through DISTRICT Board representatives. Representatives of WHATCOM COUNTY's Parks and Recreation Department or senior citizens will be accorded fair consideration of any matter they may bring to the DISTRICT's attention conceming this Agreement, the rights and privileges hereunder, and the equitable adjustment of any grievance that may arise regarding this Agreement, the facilities, or condition, use or maintenance thereof. 32 Point Roberts Senior Activity Program Agreement and Lease Page 3 7. Alterations or Improvements. WHATCOM COUNTY shall make no alterations or improvements to the facility except upon prior approval of the DISTRICT. The DISTRICT will provide WHATCOM COUNTY at least thirty (30) days notice on any alterations or improvements that will affect WHATCOM COUNTY's use of the premises. 8. Consideration. WHATCOM COUNTY will not be charged any rent, license, or fee for the use of the premises or facilities as herein agreed. WHATCOM COUNTY will pay to the DISTRICT the amount of Six Hundred Dollars and No Cents ($600.00) per year as a contribution to utilities and to cover phone expenses 9. Indemnity. WHATCOM COUNTY will enter, defend, save and hold harmless, and indemnify the DISTRICT. Its officers, agents and employees, from and against all claims actions or demands made by third parties, including its own officers, employees and agents, for any losses, injuries or damages asserted to have been incurred on account of the use, occupancy, programs, activities or operation of the Point Roberts Senior Activity Program. The DISTRICT will enter, defend, save and hold harmless, and indemnify WHATCOM COUNTY, its officers, agents and employees, from and against all claims, actions or demands made by third parties, including its own officers, employees and agents, for any loss, injuries or damages asserted to have been incurred on account of the conditions of the structure of the Point Roberts Community Center. WHATCOM COUNTY shall immediately notify the DISTRICT of any dangerous structural condition it or its employees or volunteers observes, and shall barricade, closure or other effective means prevent contact by its program operators and participants with the dangerous condition. 10. Independence of Parties and Employees. WHATCOM COUNTY and the DISTRICT shall not be deemed hereby to become joint operators of the Point Roberts Senior Activity Program and the same shall remain the sole activity and responsibility of WATCOM COUTY. All employees and volunteers engaged or serving WHATCOM COUNTY in the operation of the Point Roberts Senior Activity Program shall not by this Agreement or activities or programs contemplated herein be construed to be employees, agents or volunteers serving the District. 33 Point Roberts Senior Activity Program Agreement and Lease Page 4 WHATCOM COUNTY shall ensure that all COUNTY employees and volunteers coming into contact with kitchen equipment, lifting objects, counseling people, providing transportation and/or administering other programs are at all times properly licensed and trained to do so. 11. Nondiscrimination. During the term of the Agreement, WHATCOM COUNTY shall comply with the provision of Title VI. of the CIVIL Right Act of 1964 (42 USC 200d), Section 504 of the Rehabilitation Act of 1973 (29USC 794), Chapter 49.60 RCW and Title I of the Americans with Disabilities Act (42 USC 12211-12117) as now or hereafter amended. WHATCOM COUNTY shall not discriminate on the grounds of race, color, national origin, sex religion, marital status, age, creed, Vietnam -Era and Disabled Veterans status, or presence of any sensory, mental, or physical handicap in: A. Any terms or conditions of employment to include taking Affirmative Action necessary to accomplish the objectives of this part; and B. Denying an individual the opportunity to participate in any program contemplated by this Agreement through the provisions of service, or otherwise afforded others. In the event of WHATCOM COUNTY'S noncompliance or refusal to comply with the above provisions, this Agreement may be rescinded, cancelled, or terminated in whole or in part without penalty to the DISTRICT. WHATCOM COUNTY shall, however, be given a reasonable time in which to cure such noncompliance. 12. Termination. This Agreement may be terminated by either party upon sixty (60) days written notice mailed postage -paid by certified mail, return receipt requested, to the parry's last known address for the purposes of giving notice under this paragraph. If this Agreement is terminated, the parties shall be liable for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 13. Amendment. This Agreement may be altered, amended, supplemented, or terminated at any time by mutual agreement of both parties hereto, but no right or interest herein may be pledged, assigned, or subleased without prior written mutual consent of both parties. 34 Point Robert Senior Activity Program Agreement and Lease Page 5 In Witness Whereof, the parties have executed this Agreement on the day and year indicated POINT ROBERTS PARK & RECREATION DISTRICT Mark Robbins, Chairperson STATE OF WASHINGTON) )ss. COUNTY OF WHATCOM) On this _�tt—day of , 2011, personally appeared before me, Mark Robbins, to me known tb be the individual described herein and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposed therein mentioned. Given under my hand and official seal this, day of 2011. NOTARY PUBLIC in and for the State of Washington, residing at Point Roberts. My Commission expires: oro -rrn- as 12 DATED this �day of , 2011 35 Point Roberts Senior Activity Program Agreement and Lease Page 6 WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) )Ss. COUNTY OF WHATCOM) On this day of , 2011, before me personally appeared PETE KREMEN, to me know 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 , 2011. NOTARY PUBLIC in and for the State of Washington residing at Bellingham My Commission expires: DATED this . Day of .2011. WHATCOM COUNTY PARKS & RECREATION , Director FORM: Senior ivi a Pros ing Attorney [Point Roberts Lease 2011 Final] 36 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011-202 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: s 5/23/11 r N E U E V E D 6/07/11 Fin/Council Division Head: MAY 11 MAY Dept. Head: .2011 WHATCOM COUNTY COUNCIL Prosecutor: Purchasin / 5/23/ 1 1 Executive: R "3� TITLE CW DOCUMENT: Bid 11-38 Replace Hovander Barn Roof ATTACHMENTS: Memos from Finance and Parks SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) "rhe Parks & Recreation Department is requesting approval to award the bid and enter into a contract for replacement of the Hovander Park Barn and Milkhouse roofs. Three bids were received and Parks would like to award to the low bidder, Mt Baker Roofing in the amount of $47,132.40. This is a planned project and funds were approved in the current budget using REET II funds, ASR 2011-4614. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 37 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 23 May 2011 TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 11-38 Replace Hovander Park Barn Roof FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Bids were advertised for the replacement of the roofs on the barn and Milkhouse at Hovander Park. Three bids were received on Thursday May 12 and are noted below: The Park Department is requesting approval to award the bid and to enter into a contract with the low bidder, Mt Baker Roofing for a total amount of $47,132.40. ■ Funding This is a planned project and funds were approved in the current budget using REET II funding, ASR 2011-4614. I concur with this recommendation. AS Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (3 98-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY H&6) 738-4555 WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226-9097 MEMORANDUM TO: Brad Bennett, Finance Manager FROM: Michael McFarlane, Director DATE: May 20, 2011 Michael G. McFarlane Director RE: Recommend to Accept Bid Award #11-38, Parks — Replace Barn & Milk House Roofs at Hovander Park On Wednesday, May 12th, 2011 three bids were received in response to Whatcom County Bid #11-38, Parks — Replace Barn & Milk House Roofs at Hovander Park. Mt Baker Roofing met all the required specifications for this work. I am recommending that the Base Bid totaling $47,132.40, which includes 8.5% Washington State Sales Tax, submitted by Mt Baker Roofing, be accepted. Funding for this project was approved in the 2011-2012 budget cycle with REET 2 funding through a Regular Additional Service Request (ASR #2011-4614): Hovander Barn and Milk House Roof Replacements. If you need any additional information, please contact Rod Lamb at extension 31727. 39 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011-203 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator., 5/23/11 6/07/11 in/Council M Division Head. MAY 3 1 2011 WHATCOM COUNTY Dept Head. Prosecutor., Purchasin t. 5/23/11 COUNCIL Executive• TITLE UF DOCUMENT. Bid 11-34 Construction of the Olsen Trailhead Parking ATTACHMENTS: Memos from Finance and Parks SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (if this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Parks & Recreation Department is requesting approval to award the bid and enter into a contract for the construction of the Olsen Trail head parking lot. Six bids were received and Parks would like to award to the low bidder, Faber Brothers Construction in the amount of $93,498.38. This is a planned project and funds were approved in the current budget using REET II funds, ASR 2011-4627. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. .R WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa.us DEWEY G. DESLER Director DATE: 23 May 2011 FINANCE/ACCOUNTING TO: Pete Kremen, County Executive FROM: Brad Bennett, AS Finance Manger SUBJECT: Award of Bid 11-32 Construction of Olsen Trailhead Parking Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa.us BRAD BENNETT Manager ■ Background & Purpose Bids were advertised for the construction of the Olsen Trailhead parking lot. Six bids were received on Tuesday May 17 and are noted below: YE(yDOf = -base Bid Alternate ales_Tax ,.. TotLPnce Faber Brothers Construction 79,445.72 6,727.90 7,324.76 93,498.38 Dariotis Construction 110,764.87 10,928.13 10,343.90 132,036.90 Mike Carlson Enterprises 122,431.80 5,150.00 10,844.45 138,426.25 Larry Brown Construction 123,607.50 9,800.00 11,339.64 1,44,747.14 Williamson Construction 124,377.95 13,335.20 11,705.62 149,418.77 Interwest Construction 267,678.00 7,700.00 23,407.13 298,785.13 The Park Department is requesting approval to award the bid and to enter into a contract with the low bidder, Faber Brothers Construction for a total amount of $93,498.38. ■ Funding This is a planned project and funds were approved through in the current budget with REET II funding, ASR 2011-4627. concur with this recommendation. AS Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (3 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY M�0) 738-4555 WHATCOM COUNTY Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 9822E-9097 MEMORANDUM TO: Brad Bennett, Finance Manager i' FROM: Michael McFarlane, Director- ,'' DATE: May 20, 2011 Michael G. McFarlane Director RE: Recommend to Accept Bid Award #11-34, Whatcom County Parks & Recreation - Construction of Olsen Trailhead Parking On Wednesday, May 17t", 2011 six bids were received in response to Whatcom County Bid #11-34, Construction of Olsen Trailhead Parking. Faber Construction met all the required specifications for this work. I am recommending that the Base Bid and Alternate A totaling $93,498.38, which includes 8.5% Washington State Sales Tax, submitted by Faber Construction, be accepted. Funding for this project was approved in the 2011-2012 budget cycle with REET 2 funding through a Regular Additional Service Request (ASR #2011-4627): Olsen Nature Park Parking & Trailhead. If you need any additional information, please contact Rod Lamb at extension 31727. 42 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 — 187 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kershner 5/16/2011 June 7, 2011 COTW Division Head: Dept, Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT.• Update from the Lummi Island Ferry Task Force 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.) COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 43 2010-446 WHA TCOM COUNTY COUNCIL A GENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: �j� �l ® ((�`J U MED ll � V ID Dec. 7, 2010 P&D Committee/Council Division Head: 4p NOV 1.1 A0 2010 HV HATCOIY COUNTY f COUNCIL Dept. Head: 0 Prosecutor. / — ' � • � C —�(� Purchasing/Budget• ,�y o �1 !/� Executive: /� /1-30- 10 TITLE OF DOCUMENT: Resolution Approving the Development Agreement between Whatcom County and Harbor Shores LLC ; and authorizing the County Executive to sign the Development Agreement. ATTACHMENTS: Recommendation from the Whatcom County Hearing Examiner to the Whatcom County Council, Staff Report/Recommendation from PDS to the Whatcom County Hearing Examiner and the Development Agreement SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) 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.) A recommendation of approval of the Development Agreement between Whatcom County and Harbor Shores LLC pursuant to WCC 16.16.260(E)(1) and pursuant to the authority granted by RCW 36.7013.170 through .210 was forwarded to the Whatcom County Hearing Examiner on October 14, 2010. Pursuant to WCC 20.92.850(1), the Whatcom County Hearing Examiner conducted an open record public hearing on November 10, 2010 for the development agreement as defined in the Growth Management Act, RCW 36.7013. Pursuant to WCC 20.92.850 (2), the Whatcom County hearing examiner made a recommendation to the Whatcom County Council to approve the Development Agreement. This recommendation is dated November 18, 2010. COMMITTEE ACTION. COUNCIL ACTION: 12/7/2010: Held in Committee 12/7/2010: Held in Committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. PROPOSED BY• PDS SPONSORED BY: CONSENT INTRODUCTION DATE: December 7, 2010 RESOLUTION NO. APPROVING THE DEVELOPMENT AGREEMENT BETWEEN WHATCOM COUNTY AND HARBOR SHORES, LLC WHEREAS, Whatcom County Planning and Development Services received an application for a Development Agreement between Whatcom County and Harbor Shores, LLC pursuant to WCC 16.16.260(E)(1) and pursuant to the authority granted by RCW 36.70B.170 through .210; and WHEREAS, WCC 20.92.850(1) designates the hearing examiner to conduct an open record public hearing for development agreements as defined in the Growth Management Act, RCW 36.70B; and WHEREAS, An open record public hearing for the development agreement was conducted on November 10, 2010; and WHEREAS, A SEPA Determination of Nonsignificance was issued by Whatcom County Planning and Development on January 8, 2010; and WHEREAS, Pursuant to WCC 20.92.850(2) the Whatcom County hearing examiner made a recommendation of approval to the Whatcom County Council of the development agreement on November 18, 2010. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Development Agreement between Whatcom County and Harbor Shores, LLC is hereby approved. APPROVED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Royce n , Civil Deputy Prosecutor SaX Crawford, Coun it Chair 45 WHATCOM COUNTY HEARING EXAMINER RE: Administrative Application } ADM2009-0026 for Development Agreement } FINDINGS OF FACT, Harbor Shores, L.L.C. ) CONCLUSIONS OF LAW, } AND RECOMMENDATION TO THE WHATCOM COUNTY COUNCIL SUMMARY OF APPLICATION AND RECOMMENDATION Application: Harbor Shores, L.L.C. is requesting Whatcom County approval of a Development Agreement entered into by and between Whatcom County and Harbor Shores, L.L.C. to provide alternative mitigation approaches and a Watershed Management Plan to satisfy Whatcom County Critical Areas Requirements. The Agreement reached between Whatcom County Planning and Development Services and Harbor Shores, L.L.C. is authorizedby'WCC 16.16.260(E)(1) and authorized by RCW 36.70B.170 through .210. The Agreement provides design standards, development standards, and mitigation related to critical areas and the construction of single-family residences on 33 existing lots located within Blocks 3, 4, and 5 of the existing Plat of Harbor Shores, according to the Plat thereof, recorded in Volume 9 of Plats, page 85, records of Whatcom County, Washington. Recommendation: The Whatcom County Hearing Examiner recominends that the Whatcom County Council grant approval to the Development Agreement entered into by Harbor Shores, L.L.C. and Whatcom County Planning and Development Services. FINDINGS OF FACT INTRODUCTION The following Findings of Fact and Conclusions of Law are based upon consideration of the exhibits admitted and evidence presented at the public hearing. I. Applicant: Harbor Shores, L.L.C. Property Address: The property is located at the northwest and southwest corners of the intersection of Blaine and Hall Roads, Blaine, Washington M Legal Description: Located within the SE'/4 of the SE �/4 of Section 7, Township 40N, Range lE, W.M. Assessor's Parcel Numbers: See Attached List Zone: Urban Residential — 4 Units/Acre (UR4) [vested date of Letter of Determination of Completeness] Subarea: Birch Bay Blaine Comprehensive Plan: Rural (Proposed for Urban Growth Area subject to Concurrent Review) SEPA Review: A Determination of Nonsignificance was issued on January 8, 2010. Fire District: No. 21 School District: Blaine School District No. 503 Water District: Birch Bay Water and Sewer (pending final approval) Sewage Disposal: Birch Bay Water & Sewer (pending final approval) AUTHORIZING ORDINANCES AND POLICY Whatcom County Comprehensive Land Use Plan. Whatcom County Code Chapter 15, Building Code State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-1.1 Whatcom County Code Chapter 16.16, Critical Areas Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance Whatcom County Code Title 24, Health Regulations Revised Code of Washington 36.70B.170 through .210 Legal Notices: Posted — October 28, 2010 Mailed — October 22, 2010 Published — October 28, 2010 Hearing Date: November 10, 2010 Parties of Record: Skip Jansen Harbor Shores, L.L.C. 4167 Mitchell Way Bellingham, WA 98226 2 47 Craig Parkinson Cascade Engineering Group, P.S., Inc. 119 Grand Avenue, Suite D Bellingham, WA 98225 Dannon Traxler Langabeer and Tull, P.S. PO Box 1678 Bellingham, WA 98227 Phil and Deanna Hutchings 9076 Shipyard Lane Blaine, WA 98230 William, Georgina and Antony White 9027 Dearborn Avenue Blaine, WA 98230 Sara and Ervin Klinkon 9087 Shipyard Lane Blaine, WA 98230 Steven Hrutfiord 8941 Dearborn Avenue Blaine, WA 98230 Jame Gilday and Jean Allen 4607 Shipyard Road Blaine, WA 98230 Tyler Schroeder and Wayne Fitch Planning and Development Services Exhibits: 1 Land Use Application 1-1 Harbor Shores — Tax Parcel Numbers 1-2 Customer Receipt - 1-3 Application Cover Letter dated October 16, 2009, from David Evans & Assoc 1-4 Letter of Complete Application, dated November 2, 2009 1-5 Neighboring Property Owner Labels 1-6 Legal Notice of Application, November 9,. 2009 1-7 PDS Comment Form Letter, November 9, 2009 1-8 Land Disturbance Application 3 1-9 PDS Technical Advisory Committee Form Memo, November 2, 2009 1-10 Sewer Eligibility Area Map 1-11 Vicinity Map 1-12 Zoning Map 1-13 Plat of Harbor Shores 1-14 Memorandum, dated March 18, 2010 from Chad Yunge to Brenda Wilson re: Developer's Agreement 2 Staff Report, dated October 14, 2010 3 Development Agreement 4 Agency Comments 5 Harbor Shores Developer Agreement, Legend showing plat and mitigation site and sewer eligibility area 6 Wetland Maps: Existing Conditions, Proposed Impacts, Proposed Mitigation, and Proposed Grading Areas 7 Archaeological Assessment of the Harbor shores Development: Technical Report, by Garth Baldwin, December 2, 2009 8 Certificate of Mailing of Notice of Application, November 9, 2009 9 DNS, issued January 8, 2010 10 Legal Notice of Open Record Hearing, October 28, 2010 11 Certificate of Posting of Notice of Public Hearing, October 28, 2010 12 Certificate of Mailing of Notice of Public Hearing, October 22, 2010 13 Staff Email Correspondence re: scheduling 14 Hearing Examiner Decision for Harbor Shores, L.L.C., SHR2008-0014, SHC2009-0005, and CUP2009-0007, dated September 24, 2009 15 Email dated November 9, 2010, from Phil Hutchings re: The Application of Skip Jansen 16 Email from Craig Parkinson dated November 9, 2010 re: Response to Mr. Hutchings 17 Email dated November 9, 2010, from A. White re: The Application of Skip Jansen 4 . • 18 Letter dated November 9, 2010 from Dannon Traxler, for Sally Klinkon, re: ADM2009-0026, with Ordinance No. 10-2769, City of Blaine, Amending Title 13 of the Blaine Municipal Code re: Requirement to Connect to Public Sewer System 19 Email, dated November 9, 2010, from Sarah and Ervin Klinkon re: The Application of Skip Jansen 20 Letter dated November 9, 2010, from Deanna Hutchings re: The Application of Skip Jansen 21 Email, dated November 10, 2010, from Tyler Schroeder re: minor revisions to Staff Report and Development Agreement 22 Letter [no date] from Jayme Gilday and Jean Allen II. On November 10, 2010, the Whatcom County Hearing Examiner conducted a public hearing on a proposed Development Agreement, submitted by Harbor Shores, L.L.C. The purpose of the Agreement is to use alternative mitigation approaches and a watershed -based management plan to satisfy the Critical Areas Requirements of Chapter 16.16 WCC. Such agreements are authorized pursuant to RCW 36.70B.170 through 30.70B.210 and by WCC 16.16.260E. The lots in question are Iegally established lots encumbered by significant areas of wetlands. Whatcom County Planning and Development Services and Harbor Shores, L.L.C. have produced a Development Agreement, which both the Proponent of the Project and Planning and Development Services believe is consistent with the requirements set forth in WCC 16.16.260E. Whatcom County Planning and Development Services prepared a Staff Report, dated October 14, 2010, which is Exhibit No. 2 in the Hearing Examiner file. In this Report, Staff put forth their Findings and Conclusions, and a Recommendation that the Hearing Examiner recommend to the Whatcom County Council approval of the submitted Development Agreement. The Findings set forth in the Staff Report are supported by the record as a whole and are hereby adopted by the Hearing Examiner as Findings of Fact herein. The Critical Areas Staff of Whatcom County Planning and Development Services have reviewed the Revised Conceptual Mitigation Plan for consistency with the Critical Areas Ordinance and concluded that the Mitigation Plan conforms to all requirements. Most importantly Planning concluded that implementation of the Development Agreement 5 50 will result in equal or greater protection and conservation of critical areas than would be achieved by using parcel by parcel regulations and/or traditional mitigation approaches. Since the lots in question are legal nonconforming lots, each lot would be entitled to a reasonable use, in this case a residential use, even if development could not meet the Critical Areas Standards. Developing each lot separately through the use of the Reasonable Use Exceptions to Critical Areas. Protection would most likely result in less protection and conservation of critical areas within this watershed than will be achieved by approval of the Development Agreement. Both Whatcom County Planning and Development Services and the Project Proponent have recommended approval of the Development Agreement. IV. There were written comments from members of the public, as well as comments and testimony at the public hearing. The issue giving rise to the public concern is a concern of neighboring property owners that they may be required to hook-up to a sewer should sewer lines pass their properties and should public sewer be used as a solid waste disposal system for the existing 33- lots which would be served by this Development Agreement. Specifically, they were concerned that annexation and/or the creation of a Local Improvement District (LID) might require them to pay significant hook-up fees, estimated by them to be potentially as much as $30,000 to $40,000, and thereafter required to pay sewer fees, estimated to currently be $95.00 a month. For this reason, these citizens are requesting that conditions protecting them from the possibility of forced sewer hook-up either through the annexation process or from LID formation and fees be addressed as part of this Development Agreement. - Concerns were also expressed about the potential impacts on the shorelines and critical areas from the construction of sewer lines. Harbor Shores has already obtained the necessary permits for the construction of a sewer line. They indicated, however, that sewer line construction is unlikely. Both the Planning Department and the Project Proponent agree that a Development Agreement regarding Critical Areas is not the appropriate forum to discuss issues related to the formation of a LID or potential annexation. At this time, the properties in question are not within an Urban Growth Area. V. Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based on the foregoing Findings of Fact, now are entered the following CONCLUSIONS OF LAW I. 0 51 The proposed alternative mitigation approach set forth in the Development Agreement is designed to provide an alternative mechanism for satisfying critical areas regulations. The Hearing Examiner concurs with the conclusion reached by Whatcom County Planning and Development Services that the Development Agreement as presented meets all of the requirements and criteria set forth in WCC 16.16.260E. 11. The concerns about annexation, designation of the area as an Urban Growth Area, and the possible impacts from an LID on property owners in the vicinity of the properties, which are the subject of this Development Agreement, are not proper issues to be dealt with in a Development Agreement authorized pursuant to RCW 36.7013 and WCC 16.16.260E. The Hearing Examiner should recommend that the Whatcom County Council approve the Development Agreement, as an alternative mitigation approach for dealing with critical areas impacts on the 33-lots which will be subject to the Agreement. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following RECOMMENDATION The Whatcom County Hearing Examiner recommends that the Whatcom County Council approve the proposed Development Agreement, prepared by Harbor Shores, L.L.C. and Whatcom County Planning and Development Services. DATED this 180' day of November 2010. Michael Bobbink, Hearing Examiner W 52 EXHIBIT DEVELOPMENT AGREEMENT *3 This Development Agreement (the "Agreement") is entered into by and between Whatcom County (the "County") and Harbor Shores LLC ("Harbor Shores") pursuant to the authority granted under the Washington State Growth Management Act, per RCW 36.70B.170 through .210, and the Whatcom County Critical Areas Ordinance (CAO), per WCC Chapter 16.16 (Section 16.16.260.E.1), to facilitate the development of certain real property located within the County upon the following terms and conditions set forth herein. WHEREAS, Harbor Shores owns certain real property contained within the Plat of Harbor Shores identified in Exhibit A ("Property") and legally described in Exhibit B. The Property, as defined herein, is an approximate 11-acre portion of land, containing existing legal lots of record which constitute 33 individual building lots located along Hall Road, Dearborn Avenue, Elmwood Drive and Bay Circle, and lying west of Blaine Road, in Whatcom County Washington, within a portion of the SE Quarter, Section 07, Township 40 N, Range 1 E, W.M.; and WHEREAS, Harbor Shores owns additional property identified in Exhibit A ("Parcels") and legally described in Exhibit C. The Parcels are an approximate 2-acre portion of land, containing two individual lots of record located north of Hall Road, and lying east of Blaine Road, in Whatcom County Washington, within a portion of the SE Quarter, Section 07, Township 40 N, Range 1 E, W.M.; and WHEREAS, the Plat of Harbor Shores has been in existence for over forty years, complete with improved public roads, public water system, stormwater drainage system, and individual lots of record that may be built upon by individual lot owners; and WHEREAS, numerous other lots and parcels have been platted or otherwise subdivided in the immediate vicinity of the Plat of Harbor Shores; and WHEREAS, the Plat of Harbor Shores and properties in the general area are situated within the service boundaries and jurisdiction of the Birch Bay Water and Sewer District; and WHEREAS, existing lots of record in the vicinity may be built upon with On -Site Septic Systems (OSS), a public sewer system constructed to serve these existing lots of record may reduce threat to the public health, safety and the environment associated with the proximity of OSS to Drayton Harbor; and WHEREAS, the County and Harbor Shores agree that construction of a public sewer system is contingent on a large enough group of parcels to assure the financial viability of the construction; and WHEREAS, over the past three years Harbor Shores and the County have been engaged in discussion concerning the construction of homes on the existing lots of record within the Plat Harbor Shores Development Agreement, October 7, 2010 Pagel of 8 53 of Harbor Shores, and while Harbor Shores or any other owner of an existing lot of record may construct a home on a lot containing critical areas through use of the Reasonable Use Permit provisions of the Whatcom County CAO (WCC Section 16.16.270) for each lot of record, Harbor Shores and the County met informally on April 21, 2009, and formally within a pre - application conference held on August 25, 2009, and agreed that a comprehensive look at critical areas, impacts to such critical areas and associated mitigation may be beneficial; and WHEREAS, wetlands have been shown to improve water quality and reduce flooding and erosion to downstream areas, and are highly beneficial to mitigate effects of stormwater quality and quantities; and WHEREAS, the plat of Harbor Shores is located within the Drayton Harbor watershed, which is regulated as a Stormwater Special District and as a Water Resource Special Management Area per WCC 20.80.735 and WCC 20.80.635 respectively; and WHEREAS, the Revised Conceptual Mitigation Plan for the Harbor Shores Project, prepared by David Evans and Associates, Inc. in February 2010 (the "mitigation plan"), will be beneficial to the water resources of Drayton Harbor by improving the functions, including water quality treatment and hydraulic function, of on -site and proposed created wetlands; and WHEREAS, the standards of critical area impact avoidance and minimization, provided in WCC 16.16.260.A and referenced in Section 4.1 of the mitigation plan, were utilized as guiding principles in the formulation of the mitigation plan; and WHEREAS, Harbor Shores has the organizational and fiscal capability to successfully carry out the purpose and intent of the mitigation plan, as demonstrated by previously permitted and implemented wetland mitigation projects; and WHEREAS, there is a clear likelihood for success of the proposed mitigation plan as the plan is based on County and Washington State Department of Ecology ("Ecology") mitigation ratios and will follow required monitoring standards, which are based on best available science (BAS) with supporting scientific information, including the completion of U.S. Army Corps of Engineers (the "Corps") Wetland Determination Data forms, Ecology wetland rating forms and a functional analysis of all wetlands; and WHEREAS, the long-term management, maintenance, and monitoring of the mitigation area will be adequately funded with a mitigation bond per CAO Section 16.16.260.D.I that will be posted in the amount of 125 percent of the estimated amount to complete mitigation installation, maintenance, and monitoring and is outlined within the mitigation plan as prescribed by County and Ecology standards. Posting of this bond ensures the mitigation will be adequately funded and that the watershed affected by the mitigation plan will not be negatively affected; and Harbor Shores Development Agreement, October 7, 2010 Page 2 of 8 54 WHEREAS, the mitigation plan is consistent with the general purpose and intent of the CAO as it satisfies the mitigation requirements of the CAO and follows the standards of impact avoidance and minimization; and WHEREAS, the mitigation plan is consistent with the goals and policies of the Whatcom County Comprehensive Plan, particularly Goal 11C and Policy 11K-5, in that it preserves private property rights and implements Whatcom County's environmental goals and policies through a comprehensive wetland mitigation strategy, which incorporates both on- and off -site wetland enhancement and creation; and WHEREAS, the proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches as the existing on -site wetlands are highly degraded wetlands with very low habitat function currently isolated by roads and existing residences on all sides and the proposed mitigation plan will enhance all remaining wetlands and buffers with plantings. The subsequent wetland function will be higher with regards to habitat quality, water quality function, and hydrologic function (areas of mowed grass versus protected scrub/shrub and forested habitat with an un-mowed herbaceous layer) as well as the construction of the off -site mitigation area which creates a large wetland and buffer habitat block and only two proposed lots along the outside edge; and WHEREAS, the mitigation plan contains clear and measurable standards (Section 4.3 of the mitigation plan) for achieving compliance with the purposes of the Whatcom County CAO, and a description of how such standards will be monitored and measured over the life of the plan (Section 4.5), and a fully funded contingency plan should any element of the plan not meet the standards for compliance (Section 4.7.3); and WHEREAS, the Parties agree that the purpose of this Agreement is to allow Harbor Shores, or subsequent owners of all or portions of the Property, to proceed with home construction on said Property within the framework of a predetermined permitting strategy; and WHEREAS, on the effective date of this Agreement, Harbor Shores and the County have entered into this Agreement wherein both Parties agree that Harbor Shores has demonstrated conformance with the applicable provisions of the Whatcom County CAO in the pursuit of home construction on the Property and Parcels described herein; and WHEREAS, Harbor Shores has consulted with Ecology and the Corps and has submitted a JARPA relating to wetland fill and compensatory mitigation, and any such approvals obtained therefrom shall be adopted by both parties and otherwise included in the development plan as described herein; and WHEREAS, the County and Harbor Shores recognize the mutual benefits (net gains in biological, ecological, and wetland functions and values as prescribed within the Whatcom Harbor Shores Development Agreement, October 7, 2010 Page 3 of 8 55 County CAO) arising from the Harbor Shores wetland mitigation plan and the permit requirements from the Corps and Ecology; and WHEREAS, on September 24, 2009 the Whatcom County Hearing Examiner granted Harbor Shores a Shoreline Substantial Development Permit (SHR2008-0014), Shoreline Conditional Use Permit (SHC2009-0005), and Zoning Conditional Use Permit (CUP2009-0007) for the installation of sanitary sewer line, including construction of a sewer pump station, an electrical equipment shelter and a gravel access road to service the existing lots within the Plat of Harbor Shores; and WHEREAS, on November 25, 2009, Ecology approved concurrent filing of the Whatcom County approved shoreline substantial and shoreline conditional use permits for sewer line construction (2009-NN-00041); and WHEREAS, on October 7, 2009 the Washington State Department of Fish and Wildlife issued Hydraulic Project Approval (116533-2) for sewer line installation; and WHEREAS, on May 8, 2009 the Corps issued Section 404 Nationwide Permit authorization (NWS-2008-801-NO) for sewer construction; and WHEREAS, Harbor Shores has entered into this Agreement with the County to seek approval to address critical areas concerns via implementation of an alternative mitigation approach, which is authorized by and consistent with the Whatcom County CAO; and WHEREAS, the preparation of lots for construction of homes on the Property and Parcels shown in Exhibit A using the Development Agreement process as opposed to or in addition to the Reasonable Use process is recognized by Harbor Shores and the County as providing superior results in terms of wetland function and value; and WHEREAS, the County recognizes that Harbor Shores has contacted the County, Ecology and Corps for guidance related to wetland jurisdiction, and that Harbor Shores has completed a thorough avoidance and minimization process regarding wetland impacts; and WHEREAS, the County issued a SEPA Determination of Non -significance on January 8, 2010; and WHEREAS, following public notice provided in a manner consistent with the County requirements and by law, a public hearing regarding this Development Agreement was held by the County Hearing Examiner on Date TBD , and by the County Council on Date TBD ; and WHEREAS, the Whatcom County Council authorizes the County Executive to execute this Agreement on behalf of the County. Harbor Shores Development Agreement, October 7, 2010 Page 4 of 8 56 THEREFORE, in consideration of the mutual promises and covenants contained herein, the County and Harbor Shores agree as follows: 1. Approval of Development: Harbor Shores, or subsequent owners of all or portions of the Property and Parcels, are hereby authorized to submit individual building permit applications for existing lots of record. In lieu of Critical Areas review, limits of actual construction of homes, driveways, yards and other appurtenances normally associated with residential home construction, excluding on -site septic systems, shall be limited to the areas not depicted as critical areas or buffers as shown on Exhibit D. Fill and grade activities will be allowed within the Property and Parcels in advance of actual building construction as depicted on the Land Disturbance Permit associated with this agreement, or as may otherwise be approved by Whatcom County. 2. Property: The location of the Property and Parcels subject to this Agreement is depicted on Exhibit A and legally described in Exhibits B and C and, as it relates to critical areas impacts and mitigation, includes those lots identified in paragraph 8 below. Further, this agreement allows for the eventual construction of and connection to a public sewer intended to service lots of record in existence as of the date of this agreement and shown on Exhibit E. 3. Final Approval: This agreement shall be deemed the final critical areas permit/approval for home construction on the properties described in Exhibits A, B, and C to the extent that such development does not exceed the scope of this agreement. 4. Notification to County: Prior to commencement of any activity permitted by this Agreement, Harbor Shores shall notify the County Planning Director in writing of the date of the commencement of any such activity and provide a description and scope of the activity planned. 5. Vested Rights: The permitted, accessory, administrative and conditional land uses identified in this Agreement are vested as to the Property and Parcels depicted on Exhibit A and described in Exhibits B and C as of October 19, 2009, and shall be subject only to those rules, requirements, mitigation, and associated land disturbance activities set forth in this Agreement; provided, however, that any building structure shall be subject to the applicable building code requirements in effect at the time of building permit application, and further that in the event public sewer is not extended to the area that critical areas impacts greater than otherwise proposed in this agreement and necessary to allow for on -site septic system construction may be required and pursued through the Reasonable Use process outlined in the CAO. Lot owners may, at their sole discretion, determine the location of any buildings, driveways, walkways, landscaping or other improvements, within the building envelope area and as depicted on Exhibit D of the agreement as being ouside of any critical areas or their buffers, and in accordance with side, rear, and front yard building setbacks. 6. Standards: Whatcom County Development Standards and official Whatcom County zoning regulations in place at the time of vesting shall apply to all land disturbance activities authorized under the Land Disturbance Permit referenced in this agreement. Harbor Shores Development Agreement, October 7, 2010 Page 5 of 8 57 Building Codes in place at the time of individual building permit applications shall apply to all building construction. Any subsequent adopted zoning ordinance regulation, rule or requirement of the County or other applicable jurisdiction that is inconsistent with or more stringent than any term or condition of this Agreement shall not apply to or bind the Property and Parcels. 7. Variances: Nothing herein shall limit or prohibit Harbor Shores or subsequent property owners from seeking a variance from any of the above referenced standards pursuant to the variance criteria set forth in the WCC 20.84. 8. Anticipated Development: Three areas of development are associated with this Agreement. The first area, representing the Property, is within the Plat of Harbor Shores (Exhibits A and B) and represents 33 individual building lots intended to accommodate single family home construction. The second area, representing the Parcels, lies east of Blaine Road (Exhibits A and C) and will be the site of off -site wetland compensatory mitigation as well as two individual building sites for single family housing. The third area represents the remaining, existing lots and parcels not included in the first and second areas described above, but included within the area shown on Exhibit E. This area may remain eligible for sewer construction and service by Birch Bay Water and Sewer District. Nothing in this agreement shall be construed as to provide for the further subdivision of new lots within this area after the date of execution of this agreement. 9. Critical Areas Impacts and Mitigation: Execution of this Agreement will result in impacts to wetlands and their buffers, which will be appropriately mitigated as approved by Whatcom County. The mitigation referenced herein is recognized to exceed that level of mitigation required by County code 10. Conservation Easement: A Conservation Easement shall be established by Harbor Shores for those areas of the Property and Parcels depicted on Exhibit D as critical areas and buffers. 11. Financial Assurance: In accordance with WCC 16.16.260.D.1, long-term management, maintenance and monitoring of the mitigation site(s) will be ensured through provision of mitigation assurance in the amount of one hundred and twenty- five (125) percent of the estimated cost of the mitigation activity, including, construction, maintenance, and monitoring. 12. SEPA Review: The State Environmental Policy Act (SEPA) review has been conducted and completed by the County and the County has issued a determination of non -significance (DNS). 13. Recording: This Agreement shall, when approved by the County Council and executed by the Parties hereto, be filed as a matter of public record in the office of the Whatcom County Auditor and shall be in the nature of a covenant running with the Property and Parcels. 14. Sewer Services. If for any reason, in Harbor Shores sole determination, sewer services cannot be legally or economically provided for the Property or Parcels, this Agreement shall remain in full force and effect and Harbor Shores or subsequent owners of all or portions of the Property or Parcels shall be allowed to construct homes on said Property or Parcels subject to this Agreement and in accordance with Harbor Shores Development Agreement, October 7, 2010 Page 6 of 8 01 OSS rules and regulations when specific applications for OSS are submitted to WCHD and decisions on those applications are made. OSS are reviewed according to the current OSS rules in place at the time of applications. 15. Dispute Resolution: In the event of any dispute as to the interpretation or application of the terms or conditions of the Agreement, Harbor Shores and the County, through their designated representatives, shall meet within ten (10) days after the receipt of a written request from any party for the purpose of attempting in good faith to resolve the dispute. Such a meeting may be continued by mutual agreement to a date certain to include other persons or parties, or to obtain additional information. 16. Mediation: In the event that such a meeting does not resolve the dispute and prior to commencing any litigation except for a request for a temporary restraining order and preliminary injunction, the Parties shall first attempt to mediate the dispute. The Parties shall mutually agree upon a mediator to assist them in resolving their differences. If the Parties are unable to agree upon a mediator, a list of seven mediators with experience in land use matters and applicable Washington State land use law shall be requested from the Whatcom County Superior Court Presiding Judge. Each party shall take its turn in striking one name from the list until one name remains. A flip of a coin shall determine which party strikes the first name. Any expenses of the mediator shall be borne equally by the Parties. However, each side shall bear their own costs and attorney fees arising from participation in the mediation. 17. Applicable Law: This Agreement shall be governed by and be interpreted in accordance with the laws of the State of Washington. 18. Binding Effect: This Agreement shall be binding upon Harbor Shores and the County. 19. Severability: If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the Parties to the maximum extent allowable under law. 20. Modification: This Agreement shall not be modified or amended except in writing signed by Harbor Shores and the County or their respective successors in interest. 21. Further good Faith Cooperation: Each party hereto shall cooperate with the other in good faith to achieve the objectives of this Agreement. The Parties shall not unreasonably withhold requests of information, approvals or consents provided for, or implicit, in this Agreement. 22. No Presumption Against Drafter: This Agreement has been reviewed and revised by legal counsel for all parties and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. 23. Notices: All communications, notices, and demands of any kind which a party under this Agreement is required, or desires to give to any other party, shall be in writing and be either (1) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return receipt requested, and addressed as follows: Harbor Shores Development Agreement, October 7, 2010 Page 7 of 8 59 County Harbor Shores Notice by hand or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. 24. Duration: This Agreement and the rights and obligations set forth in this Agreement and associated Land Disturbance Permit shall be for a period of twenty (20) years. 25. Entire Agreement: This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written, except as expressly set forth herein. This Agreement supersedes all previous understandings or agreements between the Parties concerning the subject matter of this Agreement. Dated: Dated: , WHATCOM COUNTY By: HARBOR SHORES LLC By: Print Name: Title: Print Name: Title: Harbor Shores Development Agreement, October 7, 2010 Page 8 of 8 EXHIBIT A p Q DAVID EVANS HARBOR SHORES o wanA8SOC1ATE8 �No. „Bear sumo DEVELOPER AGREEMENT OAm OCTOBER 13.2m amx - Q BeB ghero W 9b" C6W NF0/OwC/EWMT /� pbmm 380.64J.7151 . xwsoo�o l DRAW. ,b 61 EXHlBrr B LOTS 2, 3, 4, 5, 6, 7, 8, 9 AND 10 AND LOTS 12,13 AND 14, BLOCK 3; AND LOT 4, 5, 7, 8, 9,10,11 AND 12, BLOCK 4; AND LOTS 4,5 AND 7 TO 17, INCLUSIVE, BLOCK 5, PLAT OF HARBOR SHORES, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 9 OF PLATS, PAGE 85, RECORDS OF WHATCOM COUNTY, WASHINGTON. SITUATE IN WHATCOM COUNTY, WASHINGTON. 62 EXHIBIT C LOTS 98 AND 99, PLAT OF PLYMOUTH CITY, TOGETHER WITH VACATED ALLEY ABUTTING AS VACATED, COMMISSIONERS PROCEEDINGS 31-601, JANUARY 28,1936. SITUATE IN WHATCOM COUNTY, WASHINGTON- 63 f D �p°A•_iw1�'; !t*�. f D p p � �t:� .5�>i!,y .' , < < � 1. ;•jt. -�;?��;' > p > p ° � FA�,if:�ili,�A i � I ddS i!a°�3 ! ifftrt! D D ° D ° }.. •fp f:'+ff,• D p D p . A:%"!:? t=' <y.i:-ii ' r , ,S" e . t •.�A.k ` :A.�eR}f^•i pa'p }�'?g4h�d" I m � 9°. i D S i i �• � i'1 r;l:► z I I . .. ... ,. DYW arena 6IWf37YYm w • •t`s< o t;,er D It 1s•Q:�t f;A D D �D - - - D / 1 _ N ? "Y ,— b b,� PIK 1 1 ! yy 3eY lalaaaY3a f / i pggy'iOPI F1AFl®� EXHIBIT D DAVID EVANS HARBOR SHORES ® ® wN.A SOCIATES INce o}rE ocroe�f u.saog ocsac ++9Grand Manua. SOpD DEVELOPER AGREEMENT Bellhghem Wash rVm 08225 „C JIINSoo1D /E%M18�7 U DaAMt MJO .Pam' '�7'7+b1 PROPOSED MITIGATION •A Imo» C C FF C C C C C CC C EXHIBIT E DAVID EVANS . HARBOR SHORES Ci C= AND ASSOCIATES mc. oa,E FEB. z, zuro 179GmndAwnue.SeiloO DEVELOPER AGREEMENT 8ellingnam Washington 98225 M �,� . �,,o /EXHIBIT E urs -; lAJQ phwn . 380.647.7151 SEWER ELIGIBILITY AREA 65 Whatcom County- J. E. "Sam" Ryan PLANNING & DEVELOPMENT SERVICES _"�." ".' Director 5280 Northwest Drive J Bellingham, WA 98226 t 1�— OCT ZtO October 14, 2010 WHATGQM COUNTY HEARING EXAMINER WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES . STAFF REPORT The application of ADM 2009-00026 Skip Jansen j Development Agreement Harbor Shores LLC FINDINGS, CONCLUSIONS, For a Development Agreement I AND RECOMMENDATIONS I. SUMMARY OF APPLICATION Application: The proponent is requesting approval of a Development Agreement entered into by and between Whatcom County and Harbor Shores, LLC pursuant to WCC16.16.260(E)(1). The elements of the Agreement are set forth pursuant to the authority granted by RCW 36.70B.170 through .210 and WCC 16.16.260E. The Agreement provides the design standards, development standards and mitigation for the construction of single family residences on 33 existing lots within Blocks 3, 4 and 5 of the existing Plat of Harbor Shores, according to the plat thereof, recorded in Volume 9 of Plats, page 85, records of Whatcom County, Washington. II. PRELIMINARY INFORMATION Proponent: Harbor Shores, LLC Property Address: The property is located at the northwest and southwest Corners of the intersection of Blaine Rd. and Hall Rd. Legal Description: Located within the SEI/4 of the SE 1/4 of Section 7, Township 40N, Range 1E, W.M. Assessor's Parcel Numbers: See Attached List Zone: Urban Residential - 4 Units/Acre (UR4) (vested at date determination of completeness letter date) Subarea: Birch Bay Blaine Comprehensive Plan: C RUrxi SEPA Review: A Determination of Nonsignificance was issued on •• January 8, 2010. Fire District: #21 School District: Blaine School District #503 Water District: Birch Bay Water & Sewer (Pending final approval) Sewage Disposal: Birch Bay Water & Sewer (Pending final approval) AUTHORIZING ORDINANCES AND POLICY: 1. Whatcom, County Comprehensive Land Use Plan. 2. Whatcom County Code Chapter 15, Building Code 3. State Environmental Policy Act (SEPA). Washington Administrative Code Chapter 197-11 4. Whatcom County Code Chapter 16.16, Critical Areas 5. Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance 6. Whatcom County Code Title 24, Health Regulations 7. Revised Code of Washington 36.7013:170-through .210 r III. FINDINGS The proponent is requesting approval of a Development Agreement in order to construct single family residences on 33 lots in the Plat of Harbor Shores. The applicant has demonstrated a hardship of complying with the standard regulations set forth in the Critical Areas Ordinance and, as such seek relief form those standards and requirements through alternative mitigation. The applicant qualifies for alternative mitigation through this Development Agreement. The project includes on -site and off -site mitigation of the 18,969 sq. ft. of wetland fill of the on site wetlands. Development Agreements are promulgated pursuant to RCW36.70B.170 through 210. The main elements of this Development Agreement are Development and Design Standards and Mitigation.' The following sets forth the applicable codes and staff comment: Pursuant to RCW 36.70B.170: "A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36.70A RCW." (GMA). In addition, pursuant to RCW 36.70B.170(3): "For the purposes of this section, "development standards" includes, but is not limited to: (a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; 2 67 (b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; (c) Mitigation measures, development conditions, and other requirements under chapter 43.21CRCW; (SEPA) (d) Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; (g) Phasing; (h) Revised procedures and standards for implementing decisions; .1 (i) A build -out or vesting period for applicable standards; and (j) Any other appropriate development requirement or procedure. Staff Comment: The Development Agreement is consistent with the above Revised Code of Washington. The main elements of this Development Agreement are Development and Design Standards and Mitigation. The Development Agreement clearly sets forth the Design Standards for the, development including but not limited to: lot coverage; landscaping; building 'height; parking; and drainage pursuant to the referenced Whatcom County Zoning, Building and Engineering Design and Development Standards within this agreement. In addition, the Agreement includes mitigation; vesting, the posting of a mitigation surety and a conservation easement. Critical Areas (WCC16.16). Pursuant to WCC16.16.260E: Alternative Mitigation Approaches and Watershed - Based Management Plans. Critical areas staff have reviewed the revised conceptual mitigation plan dated February 2010 for consistency with WCC16.16, Critical Areas Ordinance, particularly WCC16.16.260 (A), Mitigation Sequence, and (E) Alternative Mitigation, and find that the mitigation plan conforms to all requirements: 1. The county shall facilitate review and/or approval of an alternative mitigation plan for a major development as defined by this chapter, a planned unit development pursuant to Chapter 20.85 WCC, and/or a development agreement pursuant to RCW 36.70B.170 through 36.70B.210. The mitigation plan shall be used to satisfy the requirements of this chapter and provide relief and/or deviation as appropriate from the specific standards and requirements thereof; provided, that the standards of impact avoidance and minimization shall remain as guiding principles in the application of these provisions and when it is demonstrated that all of the following circumstances exist: a. The proponent(s) demonstrate the organizational and fiscal capability to carry out the purpose and intent of the plan; 3 .: Staff comment: The proponent has demonstrated the ability to successfully implement large mitigation projects within Whatcom County (examples: Bay Crest South & North, case #: MIT2004-00015 & MIT2005-00004). b. The proponent(s) demonstrate that long-term management, maintenance, and monitoring of the watershed will be adequately funded and effectively implemented; Staff comment: Currently the existing roads and development areas are served by series of ditches and the proposed wetland enhancement and creation will increase water quality, hydrologic function and greater flood storage area in the Drayton Harbor watershed and protect downstream properties. An Assignment of Savings in the amount of 125% of the estimated construction, maintenance and monitoring of the mitigation shall be submitted to Whatcom County Planning and Development Services prior to installation of compensatory mitigation to insure adequate funding. c. There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans; Staff comment: The mitigation plan was developed in accordance with the Whatcom County Critical Areas Ordinance and is based on best available science. The proponent has consulted with the Department `of Ecology and the Corps and has submitted applications relating to wetland fill accordingly. d. The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches; Staff comment: By providing for comprehensive mitigation for all unavoidable impacts, the project results in equal or greater compensation that would be achieved using parcel -by -parcel regulations and/or traditional mitigation approaches. In addition, the applicants have proposed extra mitigation not required by WCC 16.16.680(B)(2) which should result in increased protection of the watershed. e. The plan is consistent with the general purpose a.nd intent of this chapter and the comprehensive plan; Staff comment: The mitigation plan is consistent with the general purpose and intent of the critical area ordinance as well as the comprehensive plan. The proponents are utilizing off -site mitigation to further environmental goals identified in the comprehensive plan. This will allow single family development on existing lots of record that were created prior to the adoption of the critical area ordinance in an organized and efficient manner. f. The plan shall contain relevant management strategies considered effective and within the scope of this chapter and shall document when, where, and how such strategies substitute for compliance with the specific standards herein; and Staff comment: The mitigation plan was developed in accordance with local, state and federal regulations and implements best available science. n We g. The plan shall contain clear and measurable standards for achieving compliance with the purposes of this chapter, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. The mitigation plan contains relevant management and monitoring_ strategies . considered effective and within the scope of the code. It is also consistent with the general purpose and intent of this requirement. If necessary the technical administrator can extend the monitoring period in the event that the desired mitigation goals are not met during monitoring and a contingency plan is implemented. Staff Comment: The Final Mitigation Plan is consistent with the above Critical Areas provisions. Wayne Filch, Natural Resources Supervisor has reviewed the Final Mitigation Plan and has provided a memo dated October 1, 2010 regarding the consistency of the Plan with the applicable Critical Areas provisions. See attached memo for entry into the Hearing Examiner File as an Exhibit. RESOLUTION NO. 2007-008: Whatcom County Council adopted Resolution Number 2007-008 on February 13, 2007. The resolution established the Public Hearing Process for Development Agreements under the Growth Management Act. The Resolution is attached for entry into the Hearing Examiner File as an Exhibit. Pursuant to WCC20.92.850: Public hearing process for development agreements under the Growth Management Act. (1) The Whatcom County hearing examiner is designated to conduct the open record public hearing for development agreements as defined in the Growth Management Act, Chapter 36.706 RCW. (2) The Whatcom County hearing examiner shall conduct an open record public hearing and prepare a record thereof, and make recommendation to the county council for approval or disapproval of development agreements as defined in the Growth Management Act, Chapter 36.7013 RCW. (Ord. 2008-008 Exh. A, 2008; Res. 2007-008, 2007). Public Comments: Two letters of public comments were submitted to the record, as follows; (1) Resources, dated December 7, 2009 discussing the Conceptual Mitigation Plan for the harbor Shores Plat and the overall intent of WCC 16.16 in regards to Development Agreements for alternative mitigation. Staff Comment: The Final Mitigation Plan is consistent with the above Critical Areas provisions. Wayne Fitch, Natural Resources Supervisor has reviewed the Final Mitigation Plan and has provided a memo dated October 1, 2010 regarding the consistency of the Plan with the applicable Critical Areas provisions. 5 70 (2) North Whatcom'Fire District, Dated January 15, 2010 and February 1, 2010. in regards to the District's adopted and approved Capital Facilities Plan and the ability fo the County to require mitigation, pursuant to the County's SEPA authority. Staff Comment: The Whatcom County SEPA Official issued a Determination of Nonsignificance on January 8, 2010. The SEPA determination had a 14 day comment period and a 10 day appeal period. No appeals were submitted associated with the SEPA determination. The Whatcom County SEPA official reviewed the comments from the North Whatcom Fire District and did not find that a reasonable nexus existed between the Development Agreement for alternative wetland mitigation and the impact to concurrency associated with the construction of Single Family Residence on existing platted lots. Also, the Whatcom County Fire Marshall's office reviewed the application and is requested conditions of approval as outlined in'the Whatcom County Fire Marshall's Office Memorandum, dated January 28, 2010. These conditions were discussed in further detail and the Whatcom County Fire Marshall's Office verified that the conditions of approval have already been met, as a hydrant was installed about 18 months ago by Birch Bay Water and Sewer District at this intersection and the roads within the plat are not being developed any further, and the roads as they exist meet county standards in that all of them have through access with adequate widths and radii forfire access. IV. STATE ENVIRONMENTAL POLICY ACT (SEPA) A Determination of Nonsignificance was issued on January 8, 2010. V. RECOMMENDATION Planning and Development Services recommends that the Hearing Examiner make a recommendation of approval to the county council for approval of the subject development agreements as defined in the Growth Management Act, Chapter 36.7013 RCW, subject to the following conditions: VI. CONDITIONS OF APPROVAL 1) The proponent shall obtain all Federal and State related permits including but not limited to permits from the Army Corps of Engineers and the Department of Ecology. These permits shall be obtained prior to issuance of any building or development related permits issued by Whatcom County. 2) The proponent shall record the Development Agreement with the Whatcom County Auditor's Office pursuant to RCW 36.7013.190. 3) The proponent shall record the Conservation Easement referenced in the Development Agreement as number 10 of the Agreement. 4) All compensatory mitigation shall be installed prior to application of single family residential construction. An as -built report prepared by the qualified consultant shall be submitted and approved prior to approval of development of the lots. Ce 71 AB2011-204 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Offike Agenda Date Assigned to: PK 05126111 617111 Council Originator: F1 V E C E p� /] E D UU UU �1. �C Division Head: Dept. Head: MAY 31 2011 Prosecutor: WHATCOM COUNTY Purchasing/Budg COUNCIL et: Executive: / TITLE OF DOCUMENT. Executive Kremen to present "State of the County" ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen to present "State of the County" COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Special Committee Of The Whole April 26, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 1:03 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (1:03:01 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Carl Weimer and Tony Larson. Absent: Kathy Kershner. COMMITTEE DISCUSSION 1. CONTINUED DISCUSSION OF EMS PLANNING AND THE "CRITICAL ELEMENTS LIST" - AB2011-107 Crawford referenced and read the Bellingham recommendations from Dave Ralston (on file). Mann stated the Committee of the Whole previously approved the critical elements as they were presented. He asked if the Bellingham City Council is making a different proposal as an alternative to those critical elements. Dave Ralston, South Whatcom Fire District Chief, stated that's correct. The City chose to make recommendations based on what they presented. The Council received those recommendations, and he is looking for direction today from the County Council to move forward in a planning process. The following people answered questions: Barry Buchanan, Bellingham City Council Member Crawford asked and there was discussion of: • The responder community's thoughts about the City's proposal. • Timelines and benchmarks. • A contingency plan if the City is not going to be a part of the countywide plan. Knutzen asked and there was discussion of: • The City's participation with the EMS Planning Committee. • The City's rejection of the original recommended critical elements and alternate recommendation to form a new subcommittee instead. • Creating an open training program. Special Committee of the Whole, 4/26/2011, Page 1 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Mann asked and there was discussion of why the City thinks a Council subcommittee is necessary. Crawford stated he likes the City proposal, and would support it as long as there are time frames for the subcommittee. Mr. Ralston has put forward a reasonable time frame. Brenner stated she is concerned about the suggestion of a facilitator. The committee members should facilitate themselves. Also, she wants the fire district representatives to remain involved, the way they are involved now. She likes the idea of having a Council subcommittee. There was discussion of who would comprise the planning committee. (1:30:37 PM) Crawford stated he would like the County Council Committee of the Whole to give general agreement today that the City can develop whatever it wants in terms of its representation on this committee, while respecting the input from the Chiefs. Knutzen stated they already have an EMS Planning Committee that works well. He prefers the recommendation from the EMS Planning Committee over forming yet another committee. Weimer asked and there was discussion of whether there are two parallel planning groups to deal with the two options for future service, one with the City and one without the City. Mann asked and there was discussion of the reason for the City's recommendation to form a new committee. Crawford stated he doesn't have a problem expanding involvement. Forming a Council subcommittee will expedite the process. This recommendation isn't a departure, but an expansion of what they're already doing. They are refining who will do what work. Be straightforward about the City's reluctance. Discussion of their reluctance should be open and honest. His goal is to ensure the transition of the governance of this system in 2012 will be seamless. Brenner stated there are things, such as labor practice issues, that only the City of Bellingham can answer. Larson stated he's not concerned about how the group is structured. Anyone who is appointed needs to participate in good faith. No one wants the system to break, but that's the outcome if they fail to reach an agreement. He's ready to move on to the details. They'll need to find out what the potential conflicts will be sooner rather than later. Knutzen stated the County must get this system in place by the deadline. A closed enrollment program will cripple the County's ability to train and hire staff. The longer this process takes, the less time the staff will have to get going. Be prepared in case this process doesn't work. Special Committee of the Whole, 4/26/2011, Page 2 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 and there was discussion of the number of advanced life support (ALS) units if the City were not involved. Crawford moved to form the committee as proposed by the Bellingham City Council, subject to timelines proposed in Chief Ralston's email dated April 25, 2011. The County Executive should propose the two citizens on behalf of the County. The Mayor should appoint two citizens on behalf of the City, the County representation changes to eight, based on the previous group. The City's number of appointees would remain flexible depending on the City's wishes. Brenner suggested a friendly amendment to eliminate the two citizen County appointees. Crawford accepted the friendly amendment. Mann suggested a friendly amendment to eliminate the facilitator. Crawford accepted the friendly amendment to have no facilitator at this time. The Committee continued to discuss the motion creating a new committee. He restated the motion to: • Form the committee as proposed by the Bellingham City Council • Subject the committees to timelines and benchmarks proposed in Chief Ralston's email dated April 25, 2011 • Eliminate a facilitator position from the committee • Eliminate the two County citizen appointees from the committee • Recommend that the Bellingham Mayor appoint two citizens on behalf of the City • Change the County representation to eight, based on the current group • Keep the City's number of appointees flexible depending on the City's wishes • Appoint two members from the medical community as proposed The motion failed by the following vote: Ayes: Brenner, Mann and Crawford (3) Nays: Knutzen, Weimer and Larson (3) Absent: Kershner (1) Brenner moved to form a Councilmember subcommittee as the City recommends and an EMS Planning Group that includes: • The existing eight representatives (two from each fire region) as County members • Six representatives chosen by the City of Bellingham • Timeframes as they're stated in Dave Ralston's email dated April 25, 2011 The motion does not include the two medical community appointees, who the City can appoint as part of their representatives. The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Weimer and Larson (5) Nays: Knutzen (1) Special Committee of the Whole, 4/26/2011, Page 3 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Absent: Kershner (1) Crawford volunteered to represent the County Council on the Council Sub - Committee. Mann nominated Councilmember Kershner. Brenner volunteered to represent the County Council on the Council Sub -Committee. Crawford moved to appoint Councilmembers Brenner, Crawford, and Kershner to the Council Sub -Committee The motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Weimer and Larson (6) Nays: None (0) Absent: Kershner (1) 2. REVIEW OF PLANNING COMMISSION RECOMMENDATIONS (IF ANY) ON PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENTS RELATED TO RURAL LAND USE PLANNING - AB2010-072C (Planning Commission proposed changes are limited to Comprehensive Plan text and maps contained in the draft ordinance introduced by the County Council on April 12, 2011, that differ from those in the October 8, 2009 Planning Commission recommendations. The Council may vote to include any recommendations in a new draft ordinance.) Gary Davis, Planning and Development Services Department, gave a staff report on the Planning Commission's recommendations from its meetings on April 25, 2011. Crawford moved to forward the ordinance as introduced two weeks ago, without these substantive changes, but with the scrivener's error corrections. His motion does not include Planning Commission recommended changes to policies 2DD-9, 2FF-4, 2GG-5 , 7K- 3, or the Laurel map change. Brenner asked and there was discussion of why policy 2DD-9 was removed. Knutzen asked and there was discussion of the zoning of the property on the Laurel map owned by the Meridian School District. The motion failed by the following vote: Ayes: Crawford (1) Nays: Brenner, Mann, Knutzen, Weimer and Larson (5) Absent: Kershner (1) Brenner moved to accept all the Planning Commission amendments except the Laurel map. Crawford stated include the Meridian School District property in the limited area of more intense rural development (LAMIRD) when the zoning changes. Special Committee of the Whole, 4/26/2011, Page 4 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 motion carried by the following vote: Ayes: Brenner, Mann, Crawford, Knutzen, Weimer and Larson (6) Nays: None (0) Absent: Kershner (1) OTHER ITEMS There were no other items. ADJOURN The meeting adjourned at 2:29 p.m. The Council approved these minutes on , 2011. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Sam Crawford, Council Chair Special Committee of the Whole, 4/26/2011, Page 5 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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 26, 2011 CALL TO ORDER (7:01:04 PM) Council Chair Sam Crawford called the meeting to order at 7:01 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None ANNOUNCEMENTS (7:03:10 PM) 1. CONTINUED DISCUSSION OF EMS PLANNING AND THE "CRITICAL ELEMENTS LIST" - AB2011-107 Crawford reported for the Special Committee of the Whole and stated they will have a joint City/County Council Emergency Medical Service (EMS) Task Force. Councilmembers Kershner, Brenner, and Crawford will serve on that Task Force. 2. REVIEW OF PLANNING COMMISSION RECOMMENDATIONS (IF ANY) ON PROPOSED WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENTS RELATED TO RURAL LAND USE PLANNING - AB2010-072C Crawford reported for the Special Committee of the Whole and stated the Committee accepted all Planning Commission changes except the Laurel map. The County Council will hold another hearing in two weeks only on these specific accepted changes. 3. DISCUSSION REGARDING POTENTIAL PROPERTY ACQUISITION FOR THE FLOOD CONTROL ZONE DISTRICT - AB2011-018 Knutzen moved to authorize the Executive, acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors, to move forward with and complete acquisition of four properties in the Glacier Springs subdivision as long as the purchase price of each parcel does not exceed the amount discussed in executive session. The motion carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen and Kershner (5) Nays: Brenner and Mann (2) Whatcom County Council, 4/26/2011, Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 4. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION - RURAL LAND USE PLANNING ISSUE - AB2010-072C (Clerk's Note: This item was withdrawn from the agenda.) (7: 05:33 PM) SPECIAL PRESENTATION 1. QUARTERLY REPORT FROM THE BEHAVIORAL HEALTH REVENUE ADVISORY COMMITTEE - AB2011-106 (Clerk's Note: This item was withdrawn from the agenda.) 2. UPDATE ON CRIME STATISTICS FROM WHATCOM COUNTY SHERIFF BILL ELFO - AB2011-147 (7:05:45 PM) Bill Elfo, Sheriff, submitted and read from a presentation (on file). MINUTES CONSENT (7:22:54 PM) Mann moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR MARCH 29, 2011 2. COMMITTEE OF THE WHOLE FOR MARCH 29, 2011 3. REGULAR COUNTY COUNCIL FOR MARCH 29, 2011 4. BOARD OF HEALTH FOR APRIL 5, 2011 OPEN SESSION (7:23:21 PM) The following people spoke: • Bruce Diele, citizen, spoke about Council Minutes and about Lyme disease. • Kay Sardo, 510 South State Street, Bellingham, spoke about the Jail Planning Task Force and jail siting. • Barbara Sternberger, Rural Avenue Neighborhood Association and Right -Sized Jail Coalition, spoke about the Jail Planning Task Force and jail siting. • Irene Morgan, Whatcom County Reentry Coalition Founder, spoke about the Jail Planning Task Force. Whatcom County Council, 4/26/2011, Page 2 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. • Kevin Mennard, PreserveGalbraith.org, spoke about protecting Galbraith Mountain. • Diane Kanda, 4595 Wynn Road, spoke about the Jail Planning Task Force. • John Moon, Habitat for Humanity Executive Director, spoke about administering the Economic Development Investment (EDI) Loan Program. • Gary Jensen, City of Ferndale Mayor, spoke about administering the Economic Development Investment (EDI) Loan Program. • Eric Brown, Preserve Galbraith Member, spoke about preserving Galbraith Mountain. • Dadra Phillips, 612 - 16t" Street, Bellingham, spoke about preserving Galbraith Mountain. • Jacob Perry, 1214 Roland Street, spoke about preserving Galbraith Mountain. • Thadeus Quinn, citizen, spoke about preserving Galbraith Mountain. • Matt Kauffman, 2629 Madrona Street, spoke about the Kulshan Community Land Trust affordable housing program. • Brett Bauer, 200 W. Illinois Street, spoke about preserving Galbraith Mountain. • Rob Oscar -Murphy, 2682 Wynn Road, spoke about the Jail Planning Task Force. • Michael Linden, Whatcom Community College Bike Club, spoke about preserving Galbraith Mountain. • Bonnie Lahecka, Skagit County citizen, spoke about preserving Galbraith Mountain. • Darcy Morris, Skagit County citizen, spoke about preserving Galbraith Mountain. • Lisa Blackwood, 2480 Aldergrove Road, Ferndale, spoke about the Economic Development Investment (EDI) Loan Program. • Holly Gangle, 1418 Undine Street, spoke about preserving Galbraith Mountain. • Darcy Jones, Jones Engineers, spoke about the Economic Development Investment (EDI) Loan Program. Pete Kremen, Executive, stated the Administration's goal is to make Galbraith Mountain accessible to the public for non -motorized vehicle use. He is committed to working with others to make Galbraith Mountain accessible in perpetuity. It will take funding to accomplish this. Creative ways to come up with funding might be available through the Northwest Clean Air Agency for greenhouse gas mitigation. Half of the acreage they're talking about on Galbraith Mountain are within the Lake Whatcom watershed. There is a meeting at 9 a.m., May 5, in McIntyre Hall at Skagit Valley College. He encouraged people to attend and demonstrate their support of the allocation of $3.5 million. PUBLIC HEARINGS 1. ORDINANCE IMPOSING AN EMERGENCY MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS — AB2011-145 (8:14:31 PM) Whatcom County Council, 4/26/2011, Page 3 :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. (Clerk's Note: This is a procedural hearing. The Council adopted this ordinance on April 12, 2011.) Crawford opened the public hearing and the following person spoke: Abe Jacobsen, 2314 Samish Way, stated he supports the moratorium. He was initially skeptical about this process. He recently read the draft ordinance from the Planning Commission. It's a solid piece of work. The ordinance is well worth it. Hearing no one else, Crawford closed the public hearing. 2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS - AB2011-145A (8:20:17 PM) Crawford stated Mr. Jacobson's comments from the previous hearing will apply to this item. He opened the public hearing and, hearing no one else, closed the public hearing. Brenner moved to adopt the ordinance. Weimer asked how close the Planning Commission is to recommending a permanent ordinance. Roxanne Michael, Planning and Development Services Department, explained where this issue is in the process. It will come forward soon. Larson asked the source of the 500 kilowatt threshold. Michael stated they looked at other ordinances. Crawford stated there was talk in the past about submitting an application for the largest of these wind energy systems. Mann stated the proposal on the table was for a size of multiple megawatts. The moratorium was low enough to make sure nothing really big was built, but high enough to allow single windmills on someone's farm. Brenner stated the Council worked on residential wind mills for years. Industrial wind generators came in at the very end of the process. There wasn't much research done on it. After it was passed, they received a lot of information from people that showed they needed to really look at the industrial systems. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Nays: Mann (1) 3. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING - AB2010-072C (8:25:29 PM) Whatcom County Council, 4/26/2011, Page 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 opened the public hearing and the following people spoke: Barbara Dykes, City of Bellingham representative, submitted and read from handout (on file) describing the City's concerns. Be careful about existing use conditions. Abe Jacobson, 2314 Samish Way, submitted and read from a handout (on file) regarding creating a corridor from Bellingham to Lynden. Also, the Sudden Valley limited area of more intense rural development (LAMIRD) should not be extended. He referenced a letter from David Stalheim dated March 9, 2011 regarding amendments that need a public hearing in addition to the hearing being held tonight. Isabel VanDerslice, Washington Conservation Voters Whatcom Chapter, stated maintain adequate buffers in agricultural land. Development potential should be reduced in the Lake Whatcom watershed for environmental, economic, and social reasons. It's time to bring the County into compliance with the Growth Management Act (GMA). Dave Wareing, Sudden Valley Community Association General Manager, stated he asks the Council to include a 2.21-acre parcel housing the Community Association's rotunda and postal facility. It was omitted from the small town commercial zone boundary. Henry Bierlink, Farm Friends Executive Director, submitted and read from a letter (on file) regarding agriculture setbacks from commercial and industrial land uses. He suggests language for several different places in the code. Robert Wilson, Nicon International, Bellingham, submitted and read from a letter (on file) about his client. He asked the Council to accept the change proposed by Planner Gary Davis regarding businesses becoming conditional uses. He described the status of his project. Downzoning his property decreases the value for the community. He wants a type 3 LAMIRD, zoned general commercial (GC) for his property and the church next door. Art Hyatt, 2318 Northshore Road, stated the objective of the GMA is the preservation of rural areas where development pressures are limited. These areas are sparsely settled and are a buffer between resource lands and urban centers. The Council's amendments reveal an intent to turn rural into suburban. Councilmembers are corrupt and in collusion with corporations, whose attorneys are writing land use law. Their devotion to developers is a disservice to taxpayers of Whatcom County, who subsidize development. Speculators get their profits, the County gets its revenue, and the citizens get the bill. Speculators don't pay the cost of their development. Vesting rights are in their favor. They don't pay for fire protection or law enforcement. They pay only a fraction of the transportation and school costs they generate. The result of development at any cost is higher taxes, more crime, more congestion, more pollution, and mindless regulation. (Clerk's Note: The following testimony is transcribed in detail at special request.) Steve Hood, Washington State Department of Ecology, submitted handouts (on file). He stated he thanks the Council. Whatcom County has worked really well with the Department of Ecology. However, some of the great progress they've made on Lake Whatcom seems to be called into question with just two particular elements of this plan. Whatcom County Council, 4/26/2011, Page 5 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. His supervisor, Dick Grout, wrote to the Council about that on March 29. He will highlight a couple of areas. The first is in the policy discussion about Lake Whatcom. They've softened the language from residential development being a primary cause and has been, and quite assertive language that is well -supported by the science. The consultants the County hired to review Ecology's work as they've had discussions, they haven't agreed on everything. The one agreement on what needs to be fixed is how they do residential development. It concerns them to see that dropped. They don't feel that softening that language is supported. In a sense, it belies the great work that Executive Kremen put forward with how they're going to revise how residential development takes place in the future. As a side note, they are making good progress on that effort. The second is the downzone in the two -acre zone to allow those lots to be reduced to something less than two acres. They went through and looked at the lots that were evaluated as potential to be reduced to less than two acres in that two -acre zoning. All but two of them are adjacent to forest zoning. They sort of already are creating a buffer. They're on the margin. So they might have people that are lake -ward of them that are less than two acres, but on the other side of them they've got at least 20-acre zoning in the rural forestry, he's not sure if there's a minimum size in the commercial, but wouldn't be supporting additional development. The two exceptions to that are the Department of Natural Resources (DNR). One of those, they've forgone their sewer, so they're not allowed any development currently. But they do have certified that they have one transferrable development right. It seems sort of crazy that the other lot that is owned by the DNR, the City has bought the intervening lots, they're basically almost adjacent to forestry because it wouldn't be developed. What they're doing is, if they do this, they're allowing a few people to just kind of expand the dense development, whereas they're already sort of creating a buffer between the dense development and forestry. So for their reading pleasure, he will pass out maps. Wendy Harris, citizen, stated the Council has not spoken on behalf of the land in its work on this issue. The Council did not consider natural resource issues. The rural element is supposed to protect natural resources, fish, and wildlife from rural development. The County did not reconcile the LAMIRDs and density overlays with the location of critical areas or habitat conservation areas. Current regulations to protect natural resources are inadequate. Spend the next two weeks redrafting the rural element to honor and protect the land. Dan McShane, 1451 Grant Street, Bellingham, stated he is concerned about the map for the area northeast of Interstate 5 (I-5) and Birch Bay. It's still included as a commercial zone. However, in 1991, the area was rural. Correct that map. Not much analysis has been done, including on the building size expansion in the LAMIRDs, which is inconsistent with what existed in 1991. Buffers on agricultural land are also concerning. They are removing the ability to harvest the sun when they shorten those buffers. That's important during cool Springs. He referenced page 17 of 29 of the marked version of the ordinance. It seems they are denying that residential development is causing phosphorus loading in Lake Whatcom. It's pretty definitive. Regarding Lake Whatcom zoning, change to R5A. Whatcom County Council, 4/26/2011, Page 6 83 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. Greg Brown, resident, stated people who own land on Governor's Point should have the right to develop or should be compensated. Chet Dow, 5491 Woodfern Way, stated the GMA is a flawed law. The 13 goals are inconsistent with each other. No matter what the Council produces, there will probably be a lawsuit. The Council made a diligent effort to respond to prior complaints. He thanked the councilmembers for their work. Hearing no one else, Crawford closed the public hearing. (8:56:39 PM) Crawford stated the Council will hold a hearing in two weeks on the proposed changes recommended by the Planning Commission. Knutzen moved to approve the suggested amendment from Farm Friends to WCC sections 20.59, 20.61, 20.63, 20.67, and 20.69 to include the language, ".601 or .551 When a parcel situated within this district adjoins an Agriculture, Rural or Residential Rural District... increased to 25 feet. Unless adjoining an agriculture zoning district, said area shall be landscaped...." Crawford stated this will be part of the ordinance introduced tonight and subject to the public hearing in two weeks. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Brenner moved to amend page 17 of 29 of the Comprehensive Plan text, the first line of the second paragraph, "A significant cause of declining oxygen levels may be has been from residential development...." The language used to say it was a primary cause. She doesn't have any problem saying it has been a significant cause. It's important to be clear. The motion carried by the following vote: Ayes: Crawford, Brenner, Weimer, Knutzen and Mann (5) Nays: Kershner and Larson (2) Weimer moved to amend page 17 of 29 of the Comprehensive Plan text, the first line of the second paragraph, "A signifieant, The primary cause of declining oxygen levels...." Kershner asked the source of the statement. Weimer stated one source is the total maximum daily load (TMDL) study. They just heard from the Department of Ecology that it was concerned about the change of this language. Everything they've heard is that the primary cause of low oxygen is due to impervious surfaces from development around the lake. They ought to say it in the Comprehensive Plan. Whatcom County Council, 4/26/2011, Page 7 84 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. Kershner asked what study has shown that. If there is, the study should be a source listed in the Comprehensive Plan that backs up that assertion. Weimer stated there have been many studies. Robin Matthews' studies for years have shown the links between impervious surface from development and lower oxygen levels. Kershner asked if it is caused or correlated. Weimer stated it's been well -established for years in front of the Council. Hood stated everyone understands there is a relationship between dissolved oxygen and phosphorus. They have a long record of showing that the most developed watersheds have the highest levels of phosphorus. It's backed up by numerous studies, which are cited in the work his consultants did when calibrating Ecology's model. They went through the literature to get starting values, and then fine-tuned their model looking at the percent of residential development and the percent of forestry and other land uses, which there weren't so many, when they calibrated the model. They found that the model is calibrated correctly, and there are much higher levels of phosphorus coming from the residential development. There has been a lot of concern that forestry should be considered a significant source as well. The problem is that a forest has less than one percent of impervious surface. Even after it's been clear cut, it's got better amended soils than the best amended soils in developments. None of it acts like a lawn or roof, except for a little bit of road. After 15 to 20 years, it's back to functioning like a forest. Only one-third of the watershed is disturbed at any time. As long as people are following the rules, it's the ongoing sources that come from residential. They've changed the hydrology. Every day the hydrology has changed and is really generating the phosphorous that changes the watershed. When people don't follow the rules, some pretty disastrous things happen. However, that happens both with residential and forestry uses. They are not looking at modeling a situation where people are violating the law. They're looking at what is going to work when people are following the rules. Knutzen asked who gave the presentation on hypoxia in the watershed. Hood stated he's talked about hypoxia in the lake many times. Knutzen asked if it's correct that hypoxia is a naturally -occurring process, and that matter deteriorates when it comes into the watershed. Hood stated that's correct. Knutzen asked if they are saying that the primary cause of this naturally -occurring process that is depleting the oxygen level is development. Hood stated the issue is not that they have hypoxia at all. The issue is that the hypoxia comes on sooner and lasts longer. That's where the decline in oxygen comes from. When they reference a 'decline in oxygen," they're talking about a decline from natural conditions. When they delete the oxygen faster and the lake is exposed to extremely low oxygen for longer, that's the decline that is a violation of water quality standards. A very brief hypoxia has minimal effects. Now, it lasts several months. That has a much bigger effect on the lake. Brenner suggested a friendly amendment, "A signifleant, The primary cause of declining oxygen levels has been from previous residential or existing residential development in the watershed." She's not sure the language would apply to the newer Whatcom County Council, 4/26/2011, Page 8 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. development and what they proposed with regulations. They have regulations now that they didn't have back then. Weimer did not accept the friendly amendment. The motion failed by the following vote: Ayes: Weimer and Mann (2) Nays: Larson, Crawford, Brenner, Knutzen and Kershner (5) Brenner moved to remove the density overlay from the Lake Whatcom watershed. Gary Davis, Planning and Development Services Department, stated that motion would apply to the zoning maps for the Lake Whatcom and South Bay. It would entail a change in the proposed zoning. Kershner asked how many potentially -developed lots would this motion reduce. Davis stated the potential for new lots to be created for both areas is about 72 lots, not including the Sudden Valley LAMIRD area. The most current version would be reduced to 17 potential new developments, with the overlay. The motion to remove the overlay and the rezone would allow three potential new developments. Brenner stated it's about 13 lots. Davis stated that's if they rezone the R2A to R5A. One of the areas proposed for an overlay, which is about 91 acres along Lake Whatcom Boulevard, is currently zoned R2A. It is proposed to be zoned R5A. Brenner restated the motion to remove all of the residential overlays in the Lake Whatcom watershed and zone all those areas R5A. The motion failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Larson, Crawford, Knutzen and Kershner (4) Weimer moved to amend page 20 of the ordinance document to create a new section 4, 'The changes to the Whatcom County official zoning code that would allow any subdivision of land of less than five acres in the Lake Whatcom watershed will not become effective until June 1, 2012 or until the Council adopts more protective development standards as promised to the Department of Ecology by the County Executive, whichever is first." The Executive and Department of Ecology had a deal that Ecology would stop all well -drilling in the watershed in lieu of the County making new development standards. If they pass this soon, new lots created would be vested before they implement the new development standards. This would delay the subdivision of any new lots until new development standards are considered or in place. Crawford asked if the moratorium has expired. Weimer stated the moratorium expires in July or August. They can address it now. Crawford stated he is against the motion. The moratorium is in effect now. This ordinance pertains to the rural element of the Comprehensive Plan. It's not wise to tie a particular portion of the ordinance relating to the rural element to get Growth Management Whatcom County Council, 4/26/2011, Page 9 86 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. compliance with a separate action on whether or not it's okay to subdivide below five acres in the Lake Whatcom watershed. Brenner stated she supports the motion. It sounds really reasonable. She doesn't see harm in making sure that any future subdivision complies with standards they're trying to work out. Pete Kremen, County Executive, stated he supports Councilmember Weimer's motion. He appreciates the Council for reducing the number of potential new, developable lots from 70 to 17. However, it's inconsistent with what he promised the Department of Ecology, when the Department sided with Whatcom County. Councilmember Weimer's motion honors that commitment and still enables the Council to move forward at this time with adopting policy the Council thinks is appropriate. The Council does have the ability to reduce the potential new, developable lots from 70 to four. If the Council approves the motion, it will demonstrate to everyone that the County is serious about protecting Lake Whatcom. Weimer stated the motion doesn't say they'll develop new standards, but that they will consider what is brought forward or these will go into effect in a year. The language gives the Council a year to come up with something. He understands Councilmember Crawford's opinion, but the community is very concerned that the County Council is doing something nefarious to Lake Whatcom, even though they've reduced the density. This would alleviate that concern. Knutzen stated this is inconsistent with what they're doing. This morning, they decided to invest hundreds of thousands of dollars to purchase the development rights in agricultural land. They are taking away 55 development rights by reducing this from 72 to 17, and not compensating those owners. Now they're going to take another 13 development rights away and not compensate those owners either. Weimer stated his motion to amend does not include any development reduction. It would extend the moratorium on any subdivision for a year, while they consider what Executive Kremen brings forward in terms of development standards. Kremen stated Mr. Grout and Mr. Hood from the Department of Ecology agree that development can occur in the watershed with zero impact under the right conditions and restrictions. If they are able to come up with some standards that achieve that in the next year, no development rights would be lost. When they've worked on the standards, those lots will have their development rights. Councilmember Weimer's motion to amend does not result in any lost development rights. Crawford asked whether or not this amendment would really extend the moratorium. If they let the moratorium expire, people will be able to develop 74 lots instead of 17 lots. If they let the moratorium expire in July, it seems this motion would allow the original zoning to take place over the new zoning and allow 74 lots. Brenner stated that's not correct. This is additional language that deals just with development standards. She suggested a friendly amendment to amend page 20 of the ordinance by adding a new Section 4, "The changes to the Whatcom County official zoning code that would allow any subdivision of land of less than five acres in the Lake Whatcom Whatcom County Council, 4/26/2011, Page 10 87 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. watershed will not become effective until June 1, 2012 or until the Council adopts more protective development standards as demised to discussed with the Department of Ecology by the County Executive, whichever is first." Kershner stated she's concerned that they won't get more protective development standards done by June 1, 2012. She's concerned this language will extend the moratorium. She asked what work has been done on development standards in Lake Whatcom so far. Weimer stated it was indicated that the County Executive would bring forward the new standards this summer. Mann asked what changes would allow a subdivision of land less than five acres. Weimer stated the density overlay would. Crawford stated the moratorium is still in place. Mann asked the best way to reference that package of actions that would occur in this document. He's not sure the language is specific enough. He supports the attempt. The motion failed by the following vote: Ayes: Brenner, Weimer and Mann (3) Nays: Larson, Crawford, Knutzen and Kershner (4) CONSENT AGENDA (9:33:58 PM) Crawford withdrew items two and three, as they must be acted upon by the Whatcom County Flood Control Zone District Board of Supervisors. Mann reported for the Finance and Administrative Services Committee and moved to approve items one, four, six, seven, eight, ten, and eleven. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SMS CLEANING, INC. TO PROVIDE CUSTODIAL SERVICES FOR SIX WHATCOM COUNTY OUTSIDE BUILDINGS — FOREST STREET, CENTRAL PLAZA, CIVIC CENTER, HEALTH DEPARTMENT, CENTRAL SHOP AND NORTHWEST ANNEX IN THE AMOUNT OF $136,440 - AB2011-149 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BROWN AND CALDWELL TO PROVIDE CONSULTING SERVICES FOR DEVELOPMENT OF A CONCEPT DESIGN PLAN FOR THE DEMING LEVEE UPSTREAM IMPROVEMENT PROJECT IN THE AMOUNT OF $60,000 - AB2011-150 Whatcom County Council, 4/26/2011, Page 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES FOR DISTRICT OPERATIONS AND ADMINISTRATION - AB2011-151 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and stated the substitute version is held in committee. 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A PUBLIC USE SCHEDULING AGREEMENT BETWEEN WHATCOM COUNTY AND THE JET OLDSTERS ASSOCIATION FOR THE FERNDALE SENIOR ACTIVITY CENTER FOR SUPERVISION OF ALL FACILITY RENTALS - AB2011-152 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF FERNDALE FOR THE PURPOSE OF ADMINISTERING AN EDI LOAN PROGRAM SPECIFICALLY FOR THE HOUSING AFFORDABILITY PROJECT, IN THE AMOUNT OF $25,000 - AB2011-123 Mann reported for the Finance and Administrative Services Committee and stated this item did not have approval in committee. He moved to approve the request. Crawford stated he is in favor of this request. He was concerned that the loan should have a sunset date for repayment, which it now does. The proposed sunset date for repayment of principal and interest is 50 years. Based on the use of this, it's appropriate. Mann stated he is in favor of the request. He would love to have proposals for a more strategic use of the money, but there aren't any right now. This is a good proposal. Knutzen stated he appreciates the administration's willingness to address concerns. They are approving the corrected version. Crawford stated the corrections were in the Deed of Trust and Covenants regarding repayment of principal and interest in 50 years. The motion carried by the following vote: Whatcom County Council, 4/26/2011, Page 12 :• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Larson (1) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11-21 FOR ON -CALL RENTAL EQUIPMENT TO ALL BIDDERS, WITH THE INTENT OF OBTAINING FIRM PRICING ON RENTAL EQUIPMENT IN AN ANNUAL AMOUNT THAT COULD BE MORE THAN $35,000 FOR A SINGLE VENDOR - AB2011-153 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO AWARD BID #11-29 FOR THE DELIVERY AND SUPPLY OF ASPHALTIC MIXES TO BOTH VENDORS WHO PLACED BIDS AND THEN PUBLIC WORKS STAFF WILL SELECT THE VENDOR THAT IS THE BEST VALUE BASED ON PRICE AND TRANSPORT COST TO THE SPECIFIC JOB SITE IN AN ANNUAL AMOUNT OF APPROXIMATELY $85,000 - AB2011-154 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE OF RADIO EQUIPMENT FOR THE WHATCOM COUNTY SHERIFF'S OFFICE USING THE WASHINGTON STATE CONTRACT FROM HARRIS CORPORATION, IN THE AMOUNT OF $144,552.12 - AB2011-155 9. RESOLUTION ACCEPTING WHATCOM COUNTY'S ANNUAL RISK MANAGEMENT SELF -ASSESSMENT - AB2011-156 Mann reported for the Finance and Administrative Services Committee and stated this item is held in committee for two weeks. Brenner stated the Treasurer contacted Randy Watts and told Randy Watts that he, the Treasurer, was in charge of the one thing that has an unknown, and he told him there's a committee. The Treasurer did give that information. 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND AMY A. GLASSER, MSW, LICSW FOR MENTAL HEALTH TREATMENT SERVICES (AB2011-159) 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND INTERFAITH COMMUNITY HEALTH CENTER FOR MENTAL HEALTH TREATMENT SERVICES (AB2011-160) OTHER ITEMS 1. RESOLUTION AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING THE COUNTY EXECUTIVE AND PDR ADMINISTRATOR TO PROCEED WITH THE ACQUISITION PROCESS FOR ROUND 9 APPLICATIONS - AB2011-157 (9:43:42 PM) Weimer reported for the Natural Resources Committee and moved to approve the resolution. Whatcom County Council, 4/26/2011, Page 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated he would abstain because of his relationship with the Weatherbys, who are recipients of this. The motion carried by the following vote: Ayes: Larson, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: None (0) Abstains: Crawford (1) 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $1,016,482 - AB2011-144 (9:44:41 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Larson moved to amend to remove the appropriation of $136,658 to fund the Lake Whatcom reconveyance. Weimer stated he is against the motion. The reconveyance has been moving along for years. This money, through a memorandum of understanding, has been obligated to the Department of Natural Resources (DNR). Approve the appropriation so the County can pay its obligations. Larson stated that agreement was done three years ago. Things have changed substantially since then. This whole process needs to be reviewed. There are a number of new issues and questions that need to be answered. The County's responsibility to pay for any invoices is part of the agreement. No one's arguing that. He wants to stop any future expenses until questions have been answered. The motion failed by the following vote: Ayes: Larson, Brenner and Knutzen (3) Nays: Crawford, Weimer, Mann and Kershner (4) Larson moved to remove the appropriation of $410,000 for an Economic Development Investment (EDI) program regarding affordable housing, which is item six. He has not supported this from the very beginning. He would like to vote for the other items he supports in the ordinance. The motion failed by the following vote: Ayes: Larson (1) Nays: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6) Kershner asked about the motion to take another look at the reconveyance. It's a good idea. Removing the committed funding here isn't appropriate, but they need to have a look at the reconveyance. She's asked for that. The administration is working to put together a presentation for the Council. Brenner stated the Council has been asking for a presentation for awhile. She wants to know why they should incur more expenses if they're thinking about not doing the reconveyance. Pay for what they've spent, but they have the right to not continue spending money. Whatcom County Council, 4/26/2011, Page 14 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. Knutzen stated they have to stop the process before they allocate the taxpayers money for 8,500 acres, for which the DNR is doing a fine job of managing. Larson moved to direct the administration to discontinue any additional expenditures as of April 26, 2011 associated with the Lake Whatcom reconveyance until the Council has been fully briefed on the most current developments and had its questions satisfactorily answered, including the questions of the administration's vision for the park; how trust beneficiaries, including the Mt. Baker School District, will be impacted; the costs of park design, construction, and maintenance; whether a plan is in place for the Sheriff's Office to service that area once a park is built; who will be responsible for the maintenance of roads shared by Whatcom County and DNR; what is the environmental impact, particularly to Lake Whatcom, of additional use; whether there is any management of timber on reconveyed lands; what are the obligations for habitat conservation plans; what are the fire control responsibilities; what are other legal rights, obligations, and responsibilities; how they're going to pay for it, and; why it's a priority now, given the substantial financial difficulties. (Clerk's Note: The Council did not vote on this motion.) Crawford stated there is already a motion on the floor. There may be charter issues about directing the administration. The motion on the floor is the budget before the Council. Brenner stated the motion is not out of order. They can revisit that issue. They haven't voted on the budget yet. He made a motion different from his other motion. Kershner asked if the Finance Committee discussed the item for Superior Court regarding family treatment court, items four and five. She asked if this is a request to fund the family treatment court through the end of the year. Mann stated they didn't discuss the timelines. Regina Delahunt, Health Department Director, stated it's being funded with the one - tenth of one percent behavioral health funds. The request is for continuation of the funding through the end of the year, at a reduced funding level. Kershner asked if the program or outcomes were changed, or if there are recommendations for improvements. Delahunt stated the Superior Court is working with community partners to revise some of the methodology used in family treatment court. They are working now with providers in the community. The advisory committee asked that the Court enter into an agreement with the Health Department to put forward some outcome measures for effectiveness. Brenner stated she won't support the ordinance with item one in it. She would like to revisit that motion. Steve Hood said State forestry practices are not a problem in the Lake Whatcom watershed. That land is being very well managed by the State with the most stringent landscape plan that exists. Half of that property can never be logged. They also have a letter from the Department of Ecology and Department of Health saying that the forestry management practices by DNR in the Lake Whatcom watershed are not a problem. Whatcom County Council, 4/26/2011, Page 15 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 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. That land has no development rights. People keep saying they have to do this to protect water quality. However, it will become a public park that will be advertised. It will cause problems in the watershed unless they have plenty of deputies and park rangers to patrol the land, which still won't stop problems. Larson moved to reconsider the motion to remove the funding for the Lake Whatcom reconveyance. He will add a motion to stop any sort of future activity that will cost Whatcom County taxpayers money until they have their questions answered. Separating this will not keep them from meeting the obligations of the agreement with DNR. The motion to reconsider carried by the following vote: Ayes: Larson, Brenner, Knutzen and Kershner (4) Nays: Crawford, Weimer and Mann (3) Larson moved to amend to remove the appropriation of $136,658 to fund the Lake Whatcom reconveyance. Kershner asked if the County has already committed $136,658, and has to pay it. Mike McFarlane, Parks and Recreation Department Director, stated the amount he asked for is the amount they committed to do the contract, and not to exceed. The DNR has already spent a certain portion of that. He doesn't get an invoice until the work is done and submitted through the billing process for the first quarter. In addition, they've contracted for the appraisal review, which they're responsible for paying, but they will not release payment of the vendor until the appraisal review has been vetted by their staff. Work has been done. He doesn't know how much of the $136,658 has been spent. The DNR could not give him that number. Kershner asked the effect of stopping the work on the contract. McFarlane stated they are trying to move the money so they can pay the contract when the invoice comes. They have one vendor with whom the Council approved direct payment. He will receive that invoice as soon as DNR signs off on the appraisal and says it's okay to pay it. Generally, they have 30 days to pay the bills. Larson stated Mr. McFarlane can submit the invoice when it's received. The Council could approve those numbers. On May 9, the DNR is preparing a meeting on the inter -grant portion, which is the portion the County agreed to pay for, under contract. Brenner stated some of the appraisals have not yet been done, according to the DNR person she talked to. They may or may not be stuck to pay for work from this day on. If there is a way to stop future money from being spent, they should stop it until they get questions answered. Dewey Desler, Administrative Services Department, stated he respects the Council's wishes to ask questions. If the Council decides this project is not worth going forward with, the County can prepare a letter to terminate the service with DNR. He recommends that the Council allow the administration to give the Council the information before taking any action. Whatcom County Council, 4/26/2011, Page 16 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 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated he suggests asking the questions of the administration and getting a presentation in two weeks. This project has many phases to it. It's hard to identify what appraiser is doing what work, when, and where the bills are. The Council could develop and pass a resolution to stop the project. It's not appropriate tonight to stop the project. They don't know what appraisal is being done, when, and where it is in the billing cycle. Larson stated that's what he's trying to find out. They haven't been given that information. That's information he's looking for. Pete Kremen, Executive, stated these are fair questions. Councilmember Larson can come to the administration with questions. Larson stated he just put this together this evening. At the last meeting when this same $136,000 appropriation came up, Councilmember Kershner asked for this same meeting. He thought the special May 9 meeting was to be the meeting where the Council would get answers. It wasn't. It had to do with the process continuing. He would like to stop appropriating money until these questions are answered. Kremen stated they're almost done with the project. They are just finishing the project. Larson stated they're not. They are doing the study. There is no downside to slowing this down. It would cost the County no more money. They should make sure they agree to move forward before they spend more money they don't have to spend. Kremen stated most of the money to complete the transaction has already been spent. Larson stated the County staff can tell them that. The Council has been asking that question for the last month. Kremen stated Councilmember Larson could come to him with concerns. Councilmember Larson has not once talked or called him. He emailed only once. If Councilmember Larson feels passionately about this, they should work together. He has an open door policy. The questions are legitimate. They can talk and work it out. Also, the conservation futures fund will reimburse the general fund for every dollar spent on the entire project. Brenner stated the conservation futures fund will only reimburse the general fund if they go through with the reconveyance. Knutzen stated he has talked to Executive Kremen and been through the process. Before this money was spent, he wanted to stop the project. He's repeatedly been told that it's not the appropriate time. The survey, which is the most expensive cost, has not yet been done. He would like to stop the process to get all the questions answered. Brenner stated this project was approved by a previous Council, after the election. At the time, she opposed its approval when those councilmembers were leaving, when there were obvious concerns by those who had been elected. She talked to DNR. Not all the work has been done. They will pay for the work that's been done, but don't accrue more Whatcom County Council, 4/26/2011, Page 17 94 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. bills. It's an important issue. She's asked twice how much work has been done, and she can't get an answer. Crawford stated that if the Council majority wants to stop further work on the reconveyance, the Council must request a report on the specific questions. If the Council is not satisfied that the reconveyance is worthwhile, it would draft a resolution and put forward to a vote, so the Executive understands the will of a majority of the Council. The Council doesn't direct the Executive to do anything. The Council gives the Executive budget authority, which has already been passed for this item. This supplemental transfers the money between funds. There is a good, measured, reasoned process that does not involve this ordinance. Schedule the item in committee and discuss it. If councilmembers are opposed to the reconveyance, they can bring forward a resolution to stop the reconveyance for the Council to vote on. They aren't going to pass any resolutions tonight. Brenner stated the 1,400 acres on Galbraith Mountain has a number of developable lots. The County should focus on land that can be developed, not highly protected land that can't be developed. The County has limited funds. The conservation futures funds will be used to buy developable lots in the watershed. Vote on Councilmember Larson's motion. The motion to amend failed by the following vote: Ayes: Larson, Brenner and Knutzen (3) Nays: Crawford, Weimer, Mann and Kershner (4) The motion to adopt the ordinance carried by the following vote: Ayes: Crawford, Weimer, Mann and Kershner (4) Nays: Larson, Brenner and Knutzen (3) 3. RESOLUTION ESTABLISHING A WHATCOM COUNTY JAIL PLANNING TASK FORCE - AB2011-078A (10:24:01 PM) Brenner moved to approve the resolution. This is supposed to be for a variety of people, not just experts. One doesn't have to be an architect to be on the task force. She didn't support the consultant or the product the County received. She's glad people want more information. The task force is a great way to do that. She appreciated the support from the Executive and Sheriff. Larson asked about the appointment process. Crawford stated the Executive's Office has a protocol for appointing positions. Larson stated he would like the opportunity to see the applications of all the people who submit their names. He suggested a friendly amendment to amend the last third resolved statement, "...that the selection criteria for the Jail Planning Task Force shall include no fewer than six citizens. It should include including members with various expertise +R such as architecture, commercial real estate, and construction of commercial projects, accounting, finance, and other areas that might bring value to the process." Brenner accepted the friendly amendment. Whatcom County Council, 4/26/2011, Page 18 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. Pete Kremen, Executive, stated the current language was created by the Right Size Jail Committee. Brenner stated the language came from a meeting that included her, the Sheriff, and members of the Right Size Jail Committee. Kremen stated they suggested the specificity of the three areas of expertise. He envisions a committee of nine to eleven, so they can include lay people. However, it is important to have some members with expertise in specific fields, in addition to having members who may not have any affiliations or credentials. He suggested amending the motion, "mod shall." Larson accepted Executive Kremen's suggestion as a friendly amendment to his motion. The motion to amend carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) The motion to approve the resolution as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEM (10:34:19 PM) 1. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING - AB2010-072D Mann moved to accept the item. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) OTHER BUSINESS Crawford stated a discussion of the reconveyance should be held in the Natural Resources Committee. Dewey Desler, Deputy Administrator, stated the administration will send information prior to the meeting. Larson moved to request that the administration discontinue any additional expenditures as of April 26, 2011 associated with the Lake Whatcom reconveyance until the Council has been fully briefed on the most current developments and has had its questions satisfactorily answered. He will submit his questions to Mr. Desler. Whatcom County Council, 4/26/2011, Page 19 96 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated he is against the motion. He's not in favor of submitted a request to stop the process. It's more appropriate that the Council have that discussion in the broader policy context of the reconveyance. Two weeks is not going to create that much of a financial difference that it will affect anything. It's difficult to put the administration in a position where they would try to put a halt on things for two weeks, and possibly go forward again after the discussion. Kershner stated she is against the motion because she doesn't want to stop it tomorrow, but she's interested in getting her questions answered. This process was rolling along when she was elected. She wants to make an informed decision after her questions are answered. She doesn't have the information she needs to make that decision right now. She may support stopping the process in two weeks. Mann stated he appreciates the questions from everyone. He looks forward to hearing the answers. However, he agrees that they shouldn't stop the work tonight. Wait a couple of weeks, get questions answered, and then decide. The motion failed by the following vote: Ayes: Larson, Brenner and Knutzen (3) Nays: Crawford, Weimer, Mann and Kershner (4) Crawford stated this issue will still be scheduled in the Natural Resources Committee. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (10:40:31 PM) Knutzen referenced the Wayne Gruene case of shining a light at a border patrol aircraft pilot. Mr. Gruene is his neighbor and friend. It is out of the hands of Customs and Border Protection, and is now in the U.S. Attorney's hands. He's disconcerted that the U.S. Attorney wants to make an example of Mr. Gruene. He is not someone hiding in the bushes at the airport with a laser shining at pilots. He was also wondering what was going on that night. Pictures were shaking off the wall. He didn't know shining a light was illegal. It's a lack of common sense to put someone away for five to 50 years for shining a light. He asked that people call the U.S. Attorney's office and pray for the Gruene family. He agrees it was stupid, but it should not have come to this. Brenner stated she feels bad for what's happening to Mr. Gruene. She thanked the Executive for working on the Galbraith Mountain issue. She's encouraged. There are so many ways to be able to look at this. It might not require anything costly. They may be able to end up with the best of all worlds. She attended the Ferry Task Force meeting. It's an amazing group. The County will get a lot of good information from them. Task forces have their place. ADJOURN The meeting adjourned at 10:45 p.m. Whatcom County Council, 4/26/2011, Page 20 97 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2011. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Whatcom County Council, 4/26/2011, Page 21 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 May 10, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 2:00 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (2:01:42 PM) Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl Weimer and Tony Larson. Absent: None. COMMITTEE DISCUSSION 1. DISCUSSION WITH REPRESENTATIVES FROM THE WASHINGTON COUNTIES RISK POOL - AB2011-017 David Goldsmith, Washington Counties Risk Pool Member Services, submitted and read from a presentation (on file). Vyrle Hill, Washington Counties Risk Pool Executive Director, continued the presentation regarding 2011 finances. Goldsmith concluded the presentation. Knutzen asked and there was discussion of how much review is given to claims under $50,000. (2:34:17 PM) Mann asked and there was discussion of why Kitsap County left the Cooperative. Kershner asked and there was discussion of the County's deductible. 2. DISCUSSION REGARDING RECONVEYANCE ISSUES - AB2011-180 (2:40:38 PM) Mike McFarland, Parks and Recreation Department Director, submitted and read from a presentation (on file). (2:56:59 PM) Special Committee of the Whole, 5/10/2011, 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. McFarlane read from an email answering the Council's questions regarding the reconveyance (on file). The following person also answered questions: • Dewey Desler, Deputy Administrator Knutzen asked and there was discussion of: • The annual forest tax fire assessment and suppression costs. • The financial loss to the school districts. Larson asked and there was discussion of: • The Lake Whatcom Landscape Plan lawsuit. • The number of landslides in the watershed. • Whether Whatcom County would do a better job of managing the land than the State Department of Natural Resources (DNR). • The number of development rights on the land. • Whether there is a concern that the DNR is not properly protecting the lake. • Whether there is public access to the land right now. • Whether a County park would generate more activity in the area, and if that additional activity will create more or less of an environmental concern. • The primary justification for the additional costs. • Where the County is in the process and the Council's role in the reconveyance process. Brenner asked and there was discussion of: • Whether the logging roads are asphalt or gravel. • Who would do a habitat conservation plan (HCP). • Who is responsible for responding to infestations or tree diseases. • The suitability of the Landscape Plan. Brenner stated don't discuss Galbraith Mountain in this context and as the same package. Knutzen asked and there was discussion of: • The difference in financial impact estimates between the County and the Mt. Baker School District. • Whether the County would install and maintain a footbridge across Smith Creek. Crawford asked and there was discussion of: • Parking for the Ken Hertz trailhead and all the nearby land. • The possibilities for future trailheads and access points. Pete Kremen, County Executive, stated he has been working with the City of Bellingham on this reconveyance for several years. He thanked the councilmembers for taking time on this important issue. If the reconveyance happens, it will be one of the most significant things that any County Council or Commissioner has ever done for Whatcom County citizens, especially in terms of water quality. The reconveyance is very important to the City of Bellingham. Special Committee of the Whole, 5/10/2011, Page 2 100 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 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. Kershner asked and there was discussion about: • Consolidating all the parcels into the different uses and values. • Whether they are trying to package all the lands that aren't prime logging lands into the reconveyance. Claire Fogelsong, City of Bellingham Public Works Environmental Resources Manager, read from the City's position paper on the reconveyance. The City offers its support in managing the properties over time. The City would like to explore a way to help with maintenance and operations costs, perhaps through a conservation easement. The reconveyance is so important to the City that it is willing to consider extending maintenance dollars to this land. Larson asked and there was discussion of how the County would provide more protection than the DNR, given there are no development rights and how well the Landscape Plan protects the land. Brenner asked and there was discussion of the occurrence of natural landslides versus landslides caused by logging practices. Knutzen asked and there was discussion about: • The Department of Ecology, which has said that the landscape plan is adequate for water and air quality. • The miles of proposed trails and existing roads. Larson asked and there was discussion of when the property originally belonged to the County. Mann stated he thanks Director McFarland for this presentation. OTHER ITEMS There were no other items. ADJOURN The meeting adjourned at 4:09 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2011. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Special Committee of the Whole, 5/10/2011, Page 3 101 1 2 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair Special Committee of the Whole, 5/10/2011, Page 4 102 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. WHATCOM COUNTY COUNCIL Committee Of The Whole May 10, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 5:30 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None 1. DISCUSSION REGARDING A POTENTIAL PROPERTY ACQUISITION - AB2011- 018 2. STRATEGY PLANNING DISCUSSION AND POSITIONS TO BE TAKEN REGARDING COLLECTIVE BARGAINING PER RCW 42.30.140(4)(A) - AB2011-036 3. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING FERRY ISSUES (AB2010-018) Crawford stated that discussion of agenda item one may take place in executive session pursuant to RCW 42.30.110(1)(i), item two pursuant to RCW42.30.140(4)(a), and item three pursuant to RCW 42.30.110. Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, he will step out of the meeting to make a public announcement. Knutzen moved to go into executive session until no later than 7:00 p.m. to discuss the first two agenda items, pursuant to RCW citations as announced by the Council Chair. The motion carried by the following vote: Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Larson and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 7:00 p.m. Committee of the Whole, 5/10/2011, Page 1 103 1 2 3 4 5 6 7 8 9 10 11 12 13 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2011. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Committee of the Whole, 5/10/2011, Page 2 104 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. WHATCOM COUNTY COUNCIL Regular County Council May 10, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:05 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None (7: 05:24 PM) FLAG SALUTE ANNOUNCEMENTS (7:06:00 PM) Crawford announced that the following items were discussed by the Committee of the Whole today: 1. DISCUSSION WITH REPRESENTATIVES FROM THE WASHINGTON COUNTIES RISK POOL - AB2011-017 2. DISCUSSION REGARDING RECONVEYANCE ISSUES - AB2011-180 3. DISCUSSION REGARDING A POTENTIAL PROPERTY ACQUISITION - AB2011- 018 4. STRATEGY PLANNING DISCUSSION AND POSITIONS TO BE TAKEN REGARDING COLLECTIVE BARGAINING PER RCW 42.30.140(4)(A) - AB2011-036 5. DISCUSSION WITH DEPUTY PROSECUTOR REGARDING FERRY ISSUES — AB2011-018 SPECIAL PRESENTATION 1. QUARTERLY REPORT - BEHAVIORAL HEALTH REVENUE ADVISORY COMMITTEE AB2011-106 (7:07:04 PM) Jackie Mitchell, Health Department, reported for the Behavioral Health Revenue Advisory Committee regarding the jail services program. She referenced the memo and Whatcom County Council, 5/10/2011, Page 1 105 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 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. report in the Council packet. She spent time in the jail with the corrections officers, and found that the corrections staff are very respectful. She described the Jail Mental Health program and the Juvenile Court Behavioral Health Specialist. MINUTES CONSENT (7:11:00 PM) Knutzen moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 12, 2011 (9 A.M.) 2. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 12, 2011 (11 A.M.) 3. COMMITTEE OF THE WHOLE FOR APRIL 12, 2011 4. REGULAR COUNTY COUNCIL FOR APRIL 12, 2011 5. SPECIAL COMMITTEE OF THE WHOLE FOR APRIL 19, 2011 6. COMMITTEE OF THE WHOLE FOR APRIL 26, 2011 OPEN SESSION (7:11:36 PM) The following people spoke: • Isabel Vanderslice, 1225 Railroad Ave. Whatcom Conservation Voters representative, spoke on the Lake Whatcom reconveyance. • Mitch Friedman, 2831 Lyle Street, Conservation Northwest Director, spoke on the Lake Whatcom reconveyance. • Stewart Rich, 3811 Constitution Road, Lummi Island, Protect Lummi Island Community (PLIC) President, spoke on ferry negotiations. • Steve Hood, Department of Ecology, submitted information (on file) and spoke on urban stream temperatures. • Nicole Brown, 460 Innis Creek Road, Acme, Safeguard the South Fork representative, spoke on the possible SSA Marine Gateway Pacific Terminal at Cherry Point. • Pete Kremen, County Executive, spoke on the possible SSA Marine Gateway Pacific Terminal at Cherry Point. • Daniel Probst, 1317 Portal Drive, spoke on the Lake Whatcom reconveyance. • Tom Westergreen, 4800 South Pass Road, Sumas, spoke on the loss of timber lands to park uses. • Jim Dickinson, 2094 West Shore Drive, Lummi Island, spoke on ferry negotiations. • Shane Roth, 3925 E. Connecticut Street, Bellingham, spoke on the Wayne Groen case. Whatcom County Council, 5/10/2011, Page 2 106 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. • Ken Minnard, 2120 I Street, Transitional Bikes Owner, spoke on the Lake Whatcom reconveyance. • Ron Clizbe, 1896 Governor Road, Whimps Mountain Bike Association Member, spoke on the Lake Whatcom reconveyance. • David Wallin, 2020 N. Mahonia Place, Bellingham, submitted a handout (on file) and spoke on the Lake Whatcom reconveyance. • Dan McShane, 1451 Grant Street, submitted information (on file) and spoke on the Lake Whatcom reconveyance. • Matt Christman, 1314 Harris Avenue, spoke on the Lake Whatcom reconveyance. • Ted Matts, 1433 Iron Street, Bellingham, spoke on the Lake Whatcom reconveyance. • Greg Brown, 4363 Saddlestone Drive, spoke on the possible SSA Marine Gateway Pacific Terminal at Cherry Point. • Steve Harris, 1532 Fruitland Drive, Bellingham, spoke on the Sheriff's Office patrol boat purchase. • Eric Brown, 1907 F Street, Bellingham, spoke on the Lake Whatcom reconveyance. • Wendy Harris, Silver Beach, spoke on the Lake Whatcom reconveyance. PUBLIC HEARINGS 1. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TITLE 20, THE OFFICIAL WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATED TO RURAL LAND USE PLANNING - AB2010-072D (7:58:20 PM) Gary Davis, Planning and Development Services Department, gave a staff report on the latest changes. Crawford stated the testimony will be limited to amendments to the April 12 version of the ordinance that were proposed, accepted, and introduced on April 26. He opened the public hearing and the following people spoke: Steve Hood, Department of Ecology, submitted handouts (on file) and stated his testimony is regarding concerns with the residential overlay and the rural residential, one unit per five acres (RR5). Executive Kremen committed to Ecology to work on the County's development regulations around Lake Whatcom. Achieving that goal is difficult on small lots of one and two acres, which add phosphorus to the lake under the current regulations. Whatcom County's analysis shows that the density overlay only protects the public landowner. No one else gains anything. Nine of the 17 lots identified are not being affected at all by the zoning changes or overlay district. Of the eight new lots that can be created, three are on City of Bellingham property that was purchased to prevent development. Two parcels can be developed. One of those two parcels doesn't have public water service. The one remaining lot is a Department of Natural Resources (DNR) property at Strawberry Point that can't be subdivided. The RR5 zone allows doubling of impervious area. The easiest way for a new residence to meet the goal of not creating any new phosphorus is to maintain a limit of ten percent of impervious surface. Creating an RR1 zone will allow twenty percent of impervious area. Whatcom County Council, 5/10/2011, Page 3 107 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. Jean Melious, 1925 Lakecrest Drive, stated she speaks on behalf of David Stalheim, Lauralee Brakke, Wendy Harris, and Eric Hirst. First, she is concerned about setbacks on commercial and industrial zones won't protect agricultural land from residential development. The proposed rural element and zoning code will allow a substantial amount of new residential development to occur adjacent to farmlands. The zoning code only provides for a five-foot setback between residential development and agricultural land. The zoning code will create burdens on the farmer. Farm uses, not homeowners, must provide a 150- to 300-foot buffer if there is a house on another property. The County Council said residential uses are more detrimental than commercial and industrial uses. Skagit County requires a 200-foot setback. The findings and conclusions say development regulations requiring setbacks from resource uses are consistent with the Growth Management Act (GMA) goal eight, to maintain and enhance natural resource -based industries and discourage incompatible uses. The record does not support that contention. Second, the zoning categories newly proposed to require a 25-foot setback are few. The setback only applies to the zoning categories that are allowed in limited areas of more intense rural development (LAMIRDs). Nothing in the Code prevents the other zoning categories from being applied within LAMIRDs or all over the county in rural areas outside the urban growth areas. Last, a geographical information system (GIS) review of the rural density overlay shows confirms that 25 lots could be created in just the rural, two units per acre (R2A) zone. The issue is the complete inability to know what that density overlay will provide. Todd Donovan, 2407 Cherry Street, stated the proposed changes to the Comprehensive Plan don't make it consistent with the GMA. Tools to fight sprawl, deal with concurrency, and save money to make development pay for itself have has been removed. Language about avoiding the proliferation of commercial businesses throughout rural areas is removed. The Council is voting to eliminate language about preventing the conversion of farmland and forestland into non -resource lands. The amendments allow residential overlays to allow infill in rural areas. Infill in rural areas is sprawl, and is inconsistent with the other parts of the Comprehensive Plan. This is not compatible with the GMA. Wendy Harris, Bellingham, stated she is concerned about changes to the findings of facts that are being brought forward tonight. They are about dates, meetings, and article publications. She would like a chance to review this chronology of relevant facts. The public has not had an opportunity to review and comment on these changes. That is another procedural irregularity in this entire process. Also, Mr. Davis provided statistics on the number of new lots that would be left after the rural element update. However, an analysis of those statistics is missing. Dannon Traxler, Sahlin Family/Governors Point Development Company representative, referenced conclusion 3(e) and stated the actual 2007 compliance decision says manmade structures and facilities at residential densities of one or two dwelling units per acre, or one dwelling unit per two acres are more intensive rural development. However, it is designed to serve a density of one unit per five acres, it's not more intensive rural development. The Governors Point 4-inch line would only serve 53 units to be considered more intensive rural development. Engineering documents she submitted indicate the 4-inch line is adequate to serve the entire 141-lot subdivision. It is more Whatcom County Council, 5/10/2011, Page 4 108 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. intensive rural development pursuant to this decision. Therefore, it's problematic that it wasn't considered or mapped. This board determination of one- or two -dwelling units per acre that constitutes more intensive rural development is a bright line, which the board is not allowed to determine. That holding is suspect. She asked the Council to reconsider its vote to include the Chuckanut area and Governors Point in a type I LAMIRD. Cathy Lehman, Futurewise Whatcom Chapter Director, stated recent Census data shows the county grew 113 percent of what was forecast, which shows there are growth issues in the county. They only had seventy-seven percent of the forecasted growth in Bellingham and fifty-seven percent forecasted growth in the small cities. There was 330 percent more than the forecasted growth in the unincorporated areas. She's grateful that they are addressing rural growth in Whatcom County at this time. In this proposal, agricultural buffers should be at least 100 feet. Growth potential in the Lake Whatcom watershed should be eliminated. Some LAMIRDs are too close to Ferndale and Bellingham urban growth areas (UGAs). There are issues with the airport impacting the Bay. Deleting language that protects rural character is concerning. All -in -all, she's glad they are finally finishing this ordinance. She invited all to a Futurewise party at Bellwood Acres to celebrate the completion of this process. Dan McShane, 1451 Grant Street, stated this process has been hard to follow for all. He apologized to the five councilmembers who were not on the Council in 2004, when this could have been and should have been resolved. His powers of persuasion failed him, and he did not have the majority who wanted to take this on. The Councilmembers have inherited a problem that has been here for 14 years. The proposal opens the opportunity for commercial development within the LAMIRDs beyond what is allowed today, by expanding the square footage. It's very inconsistent with what existed in 1990. In one case, they are allowing 30,000 square feet of development on one lot that may have had a drive-in movie theater and others that weren't developed at all. It's not consistent with maintaining character. This has been rushed and difficult to follow. It's a complex ordinance. Unfortunately, they've tried to fit in things that are inconsistent. He's also concerned about language about a preference for natural resource business in these areas. That's a very good idea. However, what the Code allows has nothing to do with natural resource businesses. They are precluding the opportunity for natural resource -based business centers that would support farming and forestry. They have to compete with commercial development that isn't related to resources. That isn't consistent with what they really should do and with rural character. It doesn't match what he's heard some of them say about rural character. People are willing to help if the Council is willing to listen. Laura Chandler, 3792 Fort Bellingham Road, stated she is concerned that the Fort Bellingham -Marietta area has been designated a LAMIRD. They don't want their rural character to change. The denser development would include more septic systems in an area on Bellingham Bay, which already has problems with septic systems. There would be more pressure on the bay also from runoff. Making that area a LAMIRD creates more sprawl. They are very close to the UGA boundary. There is a current proposal for a 15- house or more development, with all houses on septic systems and an unstable bluff. They want to keep the bay clean. If this area has to be developed, it should be annexed into Bellingham, with a sewer system. Hearing no one else, Crawford closed the public hearing. Whatcom County Council, 5/10/2011, Page 5 109 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 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. (8:28:09 PM) Kershner moved to adopt the ordinance. There are no 30,000 square foot buildings allowed in the areas Mr. McShane referenced. The Council changed that. The handouts from staff tonight are scrivener's errors and updates on dates, because they have had to push out this vote. The Planning staff came prepared for the Council to take action every two weeks for the past couple of months. The 113 percent growth in Whatcom County is not a growth issue. It's reality. She agrees that they must address it when they address UGA issues. The Council worked really hard on this ordinance. The process has not been easy. They all looked at a large stack of public input and Planning Department documentation. They have made decisions, changed decisions, struggled with the Revised Code of Washington (RCW) that is the umbrella law to all of this work. They worked hard to not hurt people or the rural character. This is not perfect. She feels good about supporting this ordinance. She thanks the County staff for all their help over the past year. Brenner stated she's been working on this for more than a year. The previous Council was quite a bit different from this Council. In the end, they ended up supporting a document. She lives within a range. It's very important to provide diversity for Whatcom County. That is not an impediment to rural character. Whatcom County was created with little townships. It's disrespectful to the eclectic way this county has grown to now call them sprawl. This county, outside the cities, has been very warm, inviting, and rural. There is a difference between diversity in rural character and people's tastes. She's still within the range. She hopes that some people who have said they are hurting this county will see that they have reduced much density, compared to what they first dealt with years ago. It may not be as much as some people wanted. There has to be a way to come together on this. This is and will always be a wonderful county. They haven't done anything in this ordinance that would prevent that from continuing. Weimer stated he will not vote in favor of this ordinance. This endeavor has been a huge waste of taxpayer money. They will have to revisit a bunch of it over and over again. It increases the lots and impervious surfaces in the Lake Whatcom watershed. It increases the lots in the rural areas beyond what they should be, because of the density overlay, which is contrary to comments they heard from all the Cities during the UGA updates. It provides inadequate setbacks for agricultural lands, which should be at least 100-feet. Fifty -foot setbacks may have been a decent compromise. It provides commercial and industrial building sizes in rural areas out of character with those rural areas. It provides a lack of any analysis of the impacts of environmental resources of increased density allowances. It provides LAMIRDs adjacent to urban areas, clearly creating sprawl. The third Whereas statement in the ordinance is incorrect. The Planning Commission never reviewed the amendments to Title 20. He will vote against the ordinance. Mann stated he commends County staff, councilmembers, and citizens for their hard work. Staff has done a phenomenal job working on this. He will not vote for the ordinance. He didn't vote on the ordinance when he was on the Planning Commission because it was too restrictive on businesses and landowners in the rural areas. Now, the pendulum has swung to the other side. They didn't do much planning. This ordinance doesn't get at the problems they're trying to solve. He looks forward to moving on to other land use issues. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5) Whatcom County Council, 5/10/2011, Page 6 110 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. Nays: Mann and Weimer (2) COUNCIL "CONSENT AGENDA" ITEMS (8:36:50 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve items two through 14. Crawford withdrew item six, which is for the Flood Control Zone District Board of Supervisors. The motion to approve items two through five and seven through 14 carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND FIRE DISTRICT 7 TO SUPPORT THE COST OF PARAMEDIC SERVICES IN THE AMOUNT OF $195,090 - AB2011-163 (8:38:04 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. He asked Fire Chief Russell to explain incentive pay structures to paramedics who aren't working full-time. Gary Russell, Fire District 7 Fire Chief, stated incentive pay is premium pay for working paramedics. They are averaging 27 days per month as a paramedic unit in Whatcom County, serving District 7 and District 17. Medic three and Medic four are closer to some areas of District 7. They also take calls to North Whatcom in the Blaine area. They average 40 to 45 advanced life support (ALS) transports per month. They will have about 500 ALS transports in Whatcom County in 2011. They had 260 ALS transports last year, in the five months they were fully operational. In the 2005 plan, they were designated to be a 12-hour unit in 2010. That has been put off because the basic life support (BLS) capacity has taken calls. They were slowed down in that process and don't have all nine medics. They have seven medics today. One is an exempt position. This contract is for two years. It is to support the ongoing medical training and overtime and also the premium pay for those six paramedics. When they become a 12-hour unit, to operate correctly, they have three people on a lateral hiring list that will come in and be trained in Whatcom County. Then they will serve for 12 hours in the county, and then serve 12 hours in their jurisdiction. This contract would be extended to provide for a half-time unit that the emergency medical services (EMS) fund would pay for. Now, they are seven -eights of a unit, but they don't cover Kendall, Lynden, and other areas. They cannot gift public funds, so they cover their area, District 17, and possibly District 8 during a road construction project. Now, they are in idle until they are contracted as a full-time unit. They are at the extra capacity for Whatcom Medic One. The reason they don't serve every day of the month is because they are short by one and a half medics. Now, the Council is paying for the premium pay and training costs to keep them current. Fire District 7 is paying for all the medics' wages and benefits. When they become a full-time unit, he will submit a different budget for half-time costs of a full-time unit. Whatcom County Council, 5/10/2011, Page 7 111 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. Mann stated they've heard that the call volume has not materialized as expected, and there isn't a need for a fifth medic unit. That's why he questioned the pay for a fifth medic unit. Russell stated they had a contract with the County last year for $80,000 for the same purpose, to pay premium pay and training costs to keep those medics available when the capacity is there for a fifth medic unit. They won't have to find and train medics. Mann asked how long they will pay these medics to not be paramedics. Russell stated they are paramedics. They are taking 500 ALS calls that Medic One would otherwise respond to. Mann asked when they will be at full capacity. Russell stated it will happen when the Council and Operations agree that capacity is required. Now, they are partnering with the County. The Fire District is paying most of the cost. Weimer asked where the ongoing training is taking place. Russell stated they have an ongoing training and education program (OTEP) approved by Dr. Wayne. The training is done by their supervising physician they employ. They are also linked to Harborview Medical Center training sessions by interactive real-time cameras. They bring in physicians. They do monthly training for at least six hours. The medics also have to go to the hospital for training. They are not going out of county for training. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND THE UNITED STATES DEPARTMENT OF AGRICULTURE, MT. BAKER-SNOQUALMIE NATIONAL FOREST, TO PROVIDE FUNDS FOR A DEPUTY TO PATROL THE MT. BAKER-SNOQUALMIE NATIONAL FOREST, IN THE AMOUNT OF $22,650 - AB2011-164 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DONNA DAVIS, LMHC, TO PROVIDE OUTPATIENT MENTAL HEALTH TREATMENT SERVICES TO WHATCOM COUNTY RESIDENTS WHO HAVE NO OTHER READILY AVAILABLE SOURCE OF FUNDING TO PROCURE MENTAL HEALTH SERVICES - AB2011- 165 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD CONSTRUCTION CONTRACT BID #11-36 FOR 2011 HOT MIX ASPHALT PRELEVEL AT MISCELLANEOUS LOCATIONS TO LOWEST BIDDER, GRANITE CONSTRUCTION COMPANY, IN THE AMOUNT OF $1,375,090 - AB2011-166 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY FOR THE LAHTI DRIVE STORMWATER IMPROVEMENT PROJECT IN THE AMOUNT OF $131,020 - AB2011-167 Whatcom County Council, 5/10/2011, Page 8 112 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. 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND ROSARIO ARCHAEOLOGY, LLC, M.A. FOR CULTURAL RESOURCE ASSESSMENT FOR CHAREL TERRACE STORMWATER SYSTEM IMPROVEMENTS IN THE AMOUNT OF $14,521.73 - AB2011-168 (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD A CONSTRUCTION CONTRACT TO COLACURCIO BROTHERS CONSTRUCTION, INC. FOR SILVER BEACH CREEK IMPROVEMENTS FROM BROWNSVILLE DRIVE TO EAST 16TH PLACE, IN THE AMOUNT OF $928,771.41 - AB2011- 169 S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF BELLINGHAM, CITY OF FERNDALE, AND PORT OF BELLINGHAM FOR JOINT USE, MAINTENANCE AND OPERATION OF A STREET SWEEPER - AB2011-170 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL LOAN AGREEMENT BETWEEN WHATCOM COUNTY AND THE PORT OF BELLINGHAM TO PROVIDE FUNDING FROM THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM FOR THE INDEX INDUSTRIES BUSINESS EXPANSION PROJECT IN THE AMOUNT OF $500,000 - AB2011- 171 10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A PROPERTY MANAGEMENT AGREEMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR THE EAST WHATCOM REGIONAL RESOURCE CENTER IN THE AMOUNT OF $30,000 - AB2011-172 11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11-41 TO THE LOWEST RESPONSIVE BIDDER, AMERICAN MARINE HOLDINGS, LLC/DONZI MARINE FOR A REPLACEMENT PATROL BOAT IN THE AMOUNT OF $111,579.23 - AB2011-173 12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #11-26 TO DAY WIRELESS AND NW COMMUNICATIONS FOR VEHICLE RADIO MAINTENANCE IN THE AMOUNT OF $75,000 - AB2011-174 13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO APPROVE ADDING AN ADDITIONAL VENDOR, ALPINE PRODUCTS, INC. FOR THE PURCHASE OF Whatcom County Council, 5/10/2011, Page 9 113 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. WATERBORNE TRAFFIC LINE PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS - AB2011-175 14. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO APPROVE ADDING AN ADDITIONAL VENDOR, SHERWIN WILLIAMS, INC. FOR THE PURCHASE OF WATERBORNE TRAFFIC LINE PAINT BY PUBLIC WORKS MAINTENANCE AND OPERATIONS - AB2011-176 OTHER ITEMS 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES FOR DISTRICT OPERATIONS AND ADMINISTRATION - AB2011-151 (8:48:41 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and recommends that this agreement be forwarded to the Flood Control Zone District Advisory Committee for their input and review. The Council concurred. 2. RESOLUTION ACCEPTING WHATCOM COUNTY'S ANNUAL RISK MANAGEMENT SELF -ASSESSMENT - AB2011-156 (8:49:13 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the substitute assessment dated April 28, 2011. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF JOHN BARRY TO THE WHATCOM COUNTY DEVELOPMENTAL DISABILITIES BOARD - AB2011-177 (8:50:50 PM) Mann moved to confirm the appointment. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF MANUEL RETA TO THE BELLINGHAM-WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE - AB2011-178 (8:51:07 PM) Kershner moved to confirm the appointment. Whatcom County Council, 5/10/2011, Page 10 114 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 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (8:51:49 PM) Brenner moved to accept three introduction items, including her resolution regarding development standards for the Lake Whatcom watershed. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AMENDING WHATCOM COUNTY CODE 10.44, HORSES ON CERTAIN ROADS - AB2011-162 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, FIFTH REQUEST, IN THE AMOUNT OF $445,160 - AB2011-179 3. RESOLUTION REGARDING THE WHATCOM COUNTY COUNCIL'S INTENT TO ENSURE ADEQUATE DEVELOPMENT STANDARDS IN THE LAKE WHATCOM WATERSHED - AB2011-184 OTHER BUSINESS (8:55:01 PM) Knutzen stated he would like to schedule a joint meeting with the Port of Bellingham to explore the idea of combining purchasing power to reduce costs for certain items, the Economic Development Investment (EDI) money, and certain restrictions on Port property. He's talked to the Public Works staff about some of these things that might benefit both parties. Crawford stated he suggests setting up an agenda for the meeting so members have a clear idea of what would be discussed. Ask the Port Commissioners if there are items they would like to add to the agenda. Councilmember Knutzen should draft an agreed -upon agenda in writing that the everyone can review. Knutzen stated he is looking for feedback from councilmembers on an agenda and permission to move forward with scheduling a joint meeting. Crawford stated he would like to see the specific topics in writing before asking the Council Clerk to schedule a meeting. The Port Commissioners should also indicate whether they are willing to have a discussion of those items and provide feedback. Mann stated it's a great idea. He'd like to have a better idea of what the Port is up to. They miss a lot of opportunities for cooperation. Whatcom County Council, 5/10/2011, Page 11 115 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. Kershner stated she recommends that the agenda include Port and Council presentations on their respective projects. Knutzen stated they had a presentation on the waterfront redevelopment program in the Marine Resources Committee. It was very interesting and informative. Brenner stated she is fine with having a joint meeting. Larsen asked for an update from Councilmembers Kershner and Brenner about the Lummi Island Ferry Task Force on June 7, 2011. Kershner stated the Council can invite the Task Force Chair to a Council meeting. Brenner stated it's best to be scheduled at the Public Works Committee or the Committee of the Whole. The Council concurred, Pete Kremen, County Executive, stated he congratulates the Council for the productive evening. Planning staff worked very hard on the rural element. A week ago, he spent four and a half hours in a meeting with President Obama, Vice - President Biden, and Cabinet members, Homeland Security Secretary Napolitano, Department of Housing and Urban Development Secretary Donovan, Health and Human Services Secretary Sebelius, Transportation Secretary LaHood, and others. About 60 County officials, through the National Association of Counties and the County Executive's of America, of which he is a board member, had the opportunity to attend this meeting. During that meeting, the county officials throughout the nation conveyed the message that the federal government not balance the federal budget on the backs of county governments, which is what has been happening over the last several months. The funding for several programs have been wiped out. They received positive feedback from the Vice - President, a former county official. They talked about several issues. As a border county, Whatcom County needs to be extra vigilant and careful about infiltration and terrorist activities. The White House wanted the county leaders to accept and support their program called 'See Something, Say Something." They need to be on the lookout, so anything suspicious is reported. The trip was monumental. The National Association of Counties and County Executives of America have been adamant about having a meaningful dialog with the White House. The prior administration was not open to having any meaningful discussions with county officials. Even the Clinton administration was not as open and accessible as the current administration. This was a bipartisan event. From a county officials perspective, they all appreciated the opportunity for a meaningful relationship with the White House. Knutzen asked if Executive Kremen asked Secretary Napolitano to keep the Olympic Coordination Center. Kremen stated the Department of Emergency Management in Whatcom County and the County Administration have come up with a viable and desirable alternative to the operations center at the airport. It will be a joint facility. Whatcom County Council, 5/10/2011, Page 12 116 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 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. Kershner stated the "See Something, Say Something" program has existed in the U.S. Navy for at least a decade. She's glad the current administration is willing to look at the threat they may be facing. She asked if there is any help for the increased gang activity and graffiti tags in the community. Kremen stated one of his colleagues brought up that question about gang activity. Much of the gang activity is masterminded by adults, but perpetrated by minors, who don't receive consequences that are as severe. It remains to be seen whether or not they receive dedicated and focused funding to address that problem. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Weimer reported on the Lake Whatcom Policy Group meeting regarding the City of Bellingham's program to study the cost -benefit analysis of Lake Whatcom programs. Also, the Northwest Clean Air Agency Board meeting discussed money from the BP refinery to mitigate greenhouse gases. Brenner reported on the Lake Whatcom Policy Group meeting, when Hart Hodges said they have to stop being advocates and start being analysts. Also, the Mental Health Advisory Committee polled people about the possibility of combining with the Substance Abuse Advisory Committee. Without the federal government putting them together, it's difficult financially to do anything. She's heard the federal government is considering it. The federal government should put that money in a single, combined place, where it's more efficient. ADJOURN The meeting adjourned at 9:15 p.m. The Council approved these minutes on , 2011. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Sam Crawford, Council Chair Whatcom County Council, 5/10/2011, Page 13 117 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 - 161 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 4/27/2011 -Ln i County Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et. Executive: TITLE OF DOCUMENT: Appointment to fill vacancy on N. Lynden Watershed Improvement District ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) North Lynden Watershed Improvement District (NLWID) has one vacancy. The NLWID Board nominated Donald Van Mersbergen to fill the vacancy. 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. 118 PETE KREMEN M Co` COUNCILMEMBERS: County Executive Barbara E. Brenner 3y Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood sy ? Robert Kelly L. Ward Nelson Carl Welmer APPLICATION FOR APPOINTMENT TO WNATCOM COUNTY BOARDS AND COMMISSIONS dame of board or committee -please see reverse: /�0A k ailed U)�-FP ggp-A),,/e�nen�� �j� 4lhlch position on this board are you applying for (if appli b(e)7 T)Y �eL-fog /9 vhlch Council district do you reside in? () One Two ( ) Three kre you a US citizen? W yes ( ) no Are you a registered voter? (k) yes ( ) no Jame: /-', Date: street Address: AJ Ur :ity: Zip Code: Bailing Address (if different from street address): )ay Telephone: 3/ d 3 S `! 119 7 Evening Telephone: -ax Number: E-mail address: u7 ar ko Krd i,_:•X ° C/(4r'wi� )ccupation (If retired, please indicate former occupation): 9-C G. Q a 4=- 'rofessional/Community Activities: duration: Zualifications related to position: Z_D__ A ave- 1, ,,e d a- �D� . rt.,a'bvU i fD f 0J1'r y� a �s r �r rf a ti �� ���•. e_'gap Describe why you are interested in serving on this board or commission: -7`U b �i ry � t i fjnj m r� n i r"�ii3't � Arnr•ot r� i.✓ ��P /�'� C /$')O r✓ /Jlli'�✓ )o you or your spotige have a financial interest in or are you z i eVnyoe e or officer of any business or agency that does business with Whatcom County? () yes [f yes, please explain: 2eferences (please include name and daytime telephone number): Iris 31-q q?o3 ��►� {.Jr �� <q 1337 Signature of a As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. MAY 2 3 1011 iAT00M COUNTY COUNCIL 119 Az,?O)Im1L01 North Lynden Watershed Improvement District 1796 Front Street, Lynden, WA 98264 Memorandum To: Whatcom County Council From: Henry Bierlink, John Gillies — NLWID Administrators Date: April 26, 2011 Subject: Appointment to fill vacant director position North Lynden Watershed Improvement District Director Lewis Van Mersbergen passed away on March 22, 2011. By official motion at their monthly meeting, the NLWID board nominated Donald Van Mersbergen to fill the vacancy. RCW 87.03.081 mandates that County government make appointments to vacant positions on the board. Please accept the NLWID board's nomination of Donald Van Mersbergen, 906 Pangborn Road, Lynden, WA 98264 to fill this vacant director position. Please let us know if we need to provide additional information. You can contact us at: 1796 Front Street Lynden, WA 98264 360-354-1337 hbierlinkkwcfarmfriends. com 120 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011 2005 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 5/23/11 June 7, 2011 Council Originator: Division Head: MAY 3 V 2011 De L Head- Prosecutor: UVHATCOM COUNTY Purdwsing/Budget: I COUNCIL Executive: TITLE OF DOCUMENT. Reappointments to the Northwest Senior Services Board ATTACHMENTS: NWRC Executive Director correspondence recommending the re -appointment of Gil Thurston and George White.. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Pete Kremen requests confirmation of his reappointment of Gil Thurston And George White to the Northwest Senior Services Board. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 121 NORTHWEST REGIONAL COUNCIL May 5, 2011 MAY 9 - 2011 Pete Kremen, Whatcom County Executive Whatcom Count Courthouse PETE KREMEN y 311 Grand Avenue COUNTY EXECUTIVE Bellingham, WA 98225 Dear Pete, The terms of Gil Thurston and George White of the Northwest Senior Services Board end on June 30. Mr. Thurston and Mr. White have each expressed a desire to be reappointed to a new three-year term beginning July 1, 2011 and ending June 30, 2014. Both Mr. Thurston, who resides in Bellingham and Mr. White, who resides in Ferndale, have provided commendable service to the board. In addition, board member Bess Christman, whose term is slated to end in 2012, has submitted her resignation, effective immediately. Please let us know the decision regarding the reappointment of Mr. Thurston and Mr. White to the Northwest Senior Services Board. If reappointed, their terms will run from July 1, 2011 through June 30, 2014. Whatcom County will then have one remaining slot vacant. We will work with Suzanne Mildner of your office in recruiting candidates for your consideration. If 1 can be of further assistance, please do not hesitate -to contact me. Thank you. Siricerely, .4 Victoria Doerper Executive Director cc: Suzanne Mildner, Gil Thurston, George White An Association of County Governments Serving the People of Island, San Juan, Skagit and Whatcom Counties 600 Lakeway Drive, Suite 100 - Bellingham, WA 98225 - (360) 676-6749 V/TDD - FAX: (360) 711-2451 B' QANWSSAppoint,Reappoint,Resign\Reappointments12010 Whatcom Reappt Request.docx LL WHATCOM COUNTY COUNCIL AGENDA BILL NO.B?a-apt CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 5/31/11 j� �Q �- L� V II '' MAY 31. 2011 N June 7, 2011 Council Division Head: Dept. Head: Prosecutor: WHATCOM COUNTY Purchasin /Bud et: COUNCIL Executive: / / rr 7 — 301 TITLE OF DOCUMENT: Appointment to the Whatcom County Developmental Disabilities Board ATTACHMENTS: Application for Appointment, Staff Memo regarding appointment nomination SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) County Executive Pete Kremen requests confirmation of his appointment of Sarah Catudio to the Developmental Disabilities Board. COMMITTEE ACTION. • COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing t Coun 's website at: www.co.whatcom.wa.us/council. 123 PETE KREMEN REOEIVEADCILMEMBERS: County Executive p��°M °°4y Barbara E. Brenner Sam Crawford F E B 2 32 011 Kathy Kershner Bill Knutzen Larson �9shIMG'C°2 PETE KREMEN TonyTKen Mann COUNTY EXECUTIVE care Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: DRV tIOPMerit-W Disab i l+es Board Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? (1/yes ( ) no ( ) Two ( ) Three Are you a registered voter? (14es ( ) no Name: Sarah GNU d i D Date: ?,jL1 12,011 Street Address: 391� IK S Gam 0Y UU City: 2-00 Wo©11-t- Zip Code: 9%yg 1 Mailing Address (if different from street address): Day Telephone: 4 25 1eS 5 3 Evening Telephone: Fax Number: E-mail address: so►rahcat%Ad►io (95grm►l 1., Cc)yy\ Occupation (If retired, please indicate former occupation): SIPE'CIOd 1&10CA,-�or ft1( gd � Professional/Community Activities: Z"`I ` -ear Se ry n g on Jeri 10�CI h a S C- hou 1 0 4 S-hyi' C+s Spy fp cys q YO ?, o In g o i n g iyca I'll i In g i r f u 1 d Of SP�� Education: fF spCciod f-diCCc CA /C-I ,m Ed h-yom W V�i U Z1N�s1���� Qualifications related to position: 3 � is 4 eachi n q I Y1 qn- ma Sp ri Y�l 0 Li-f� Sit 11S Describe why you are interested in serving on this board or commission: Iqs CI pro-RPS51'OhCLA 0\ r) d p oi �r �e VVa K-1. w j cto\� 16 ren (s pe c i-W (Vee d s dot l w a f d iii e opoo Ki-ur) i fm ft) g d q ca-t fz) r .1-h i S Pow a-ho Do you or your spouse have a financial interest in or agency that does business with Whatcom County? If yes, please explain: rfe you an empl yee or officer of any business or ) yes (•) o References (please include name and daytime telephone number): bei-h A) N So f) - RS D A-6fi s VY1 3aec\ Ck.1 S-t' 3ln 0 - P -1 �P - (-v Li -1 0 X (.051 to 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. 124 WHATCOM COUNTY Health Department May 25, 2011 TO: Pete Kremen, County Executive Regina A. Delahunt Director Greg Stern, M.D. Health Officer MAY 2 6 2011 PETE KREMEN COUNTY EXECUTIVE FROM: Jessica Lee, Program Specialist, Developmental Disabilities RE: Nomination for Initial Appointment to the Developmental Disabilities Advisory Board I am pleased to forward the nomination of Sarah Catudio for initial appointment to the Developmental Disabilities Advisory Board. (DDAB) The DDAB voted unanimously to recommend Sarah's appointment at the May 23, 2011 Advisory Board meeting. Sarah currently resides in Sedro-Woolley, and is an elementary life skills teacher for the Bellingham School District. Sarah's experience with individuals with Developmental Disabilities includes her experience as an elementary life skills teacher and her participation in the Bellingham School District's Special Education Focus group. Sarah is particularly interested in created linkages between the school district and the community. In addition to her professional expertise, she also contributes her experience as a family member of individuals with developmental and other disabilities. Her references describe her as enthusiastic, passionate, and a strong advocate for the needs of individuals with developmental disabilities and their families. As you can see, Sarah provides valuable experience in areas that will enable the Board to continue moving forward with improvements to the lives of people with developmental disabilities and to the growth of our community. Thank you, Pete, for considering this nomination for appointment. ENVIRONMENTAL HEALTH 509 Girard Street COMMUNITY HEALTH 1500 North State Street HUMAN SERVICES Bellingham, WA 98225-4005 PUBLIC HEALTH CLINICAL SERVICES Bellingham, WA 98225-4551 ADMINISTRATION (360) 676-6724 ALWAYS WORKING FOR A SAFER AND DISEASE RESPONSE (360) 676-45 FAX (360) 676-7646 HEALTHIER WASHINGTON FAX (360) 67 9