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HomeMy WebLinkAboutPacket Feb 14 2012WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 45 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Kershner 1/17/2012 1/24/2012 Introduction Division Head: 2/14/2012 NR/Council Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: Resolution, Board of Supervisors, Subzone Advisory Committee member requirements ATTACHMENTS. Draft resolution and Exhibit A SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMIVIARYSTATEMENT 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.) Amend WCC 100.06.030 to allow the Board of Supervisors to appoint one member to each flood control subzone district advisory committees who doesn't live within the district, but who officially represent a business landowner within the district. COMMITTEEACTION. COUNCIL ACTION: 1/24/2012: Substitute Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. 4- 111r4i SPONSORED BY: Consent INTRODUCED: RESOLUTION NO. AMENDING WHATCOM COUNTY CODE (WCC) CHAPTER 100.06 - SUBZONE ADVISORY COMMITTEES REGARDING MEMBERSHIP REQUIREMENTS (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHEREAS, Whatcom County Flood Control Zone District Board of Supervisors adopted ordinance 2007-019, establishing the Birch Bay Watershed and Aquatic Management (BBWARM) District and approved resolution 2008-016, creating the BBWARM district advisory committee; and WHEREAS, resolution 2008-016 did not prohibit the Board of Supervisors from appointing to the advisory committee representatives of business stakeholders within the subzone district boundary who do not reside in the district; and WHEREAS, Resolution 2008-054 consolidated the operating rules of all the subzone districts into Whatcom County Code section 100.06 to make them consistent and set forth the membership requirements for all flood control subzone district advisory committees; and WHEREAS, the existing code provisions for membership requirements in WCC 100.06.030 now prohibits the Board of Supervisors from appointing representatives of business stakeholders within a subzone district boundary who do not reside in the district; and WHEREAS, the existing code provisions need to be amended to provide representation on the committee for a wide variety of stakeholders, including business landowners; and WHEREAS, an amendment to Whatcom County Code Section 100.06.030 is necessary to allow the Board of Supervisors to appoint representatives of business stakeholders within the subzone district boundary who do not reside in the district. Page 1 2 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that Whatcom County Code 100.06.030 shall be amended as shown in Exhibit A of this resolution. APPROVED this day of , 2012. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair APPR0 ED AS TO FOR :- K ren Frakes, Civil Deputy Prosecutor Page 2 3 EXHIBIT A Chapter 100.06 SUBZONE ADVISORY COMMITTEES Sections: 100.06.010 Subzone advisory committees. 100.06.020 Subzone advisory committees - Duties. 100.06.030 Membership. 100.06.040 Term of office. 100.06.050 Meetings - Quorum. 100.06.060 Committee staffing. 100.06.070 Election of officers. 100.06.080 Vacancies. 100.06.090 Public meetings and records. 100.06.010 Subzone advisory committees. The Whatcom County flood control zone district has established advisory committees for the following subzones: A. Acme/Van Zandt; B. Sumas/Nooksack/Everson; C. Lynden/Everson; and D. Birch Bay watershed and aquatic resources management district. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.020 Subzone advisory committees - Duties. Each subzone advisory committee shall advise the Whatcom County flood control zone district board of supervisors on subzone operations and plans within that subzone's respective geographic area. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.030 Membership. Each advisory committee shall consist of five members, each of four members whoffi resides in the respective subzone with the option to include one member who is or represents a rate payer that does not reside within the respective district. Members of the advisory committee should represent a diversity of geographic areas and stakeholder interests from within the subzone whenever possible. 100.06.040 Term of office. The term of office for each member shall be four years; provided, that the initial members of an advisory committee shall have staggered terms so that two members are appointed for two years, two members are appointed for three years, and one member is appointed for four years. A member may be appointed to serve up to two consecutive four-year terms, regardless of whether that member has served a first term of less than four years; however, after serving two consecutive full terms, a citizen may become eligible for reappointment after a one-year period of separation from the advisory committee. The terms of all appointments shall expire on January 31st of the specified year. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). Page 3 M 100.06.050 Meetings — Quorum. The advisory committee shall meet once monthly or as its members shall determine, but not less frequently than once every six months. Three members of the advisory committee shall constitute a quorum for the transaction of business. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.060 Committee staffing. Pursuant to the terms of an interlocal agreement, Whatcom County may provide limited staffing for the advisory committee, providing agendas and other technical support as requested and available. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.070 Election of officers. At its initial meeting, the advisory committee will elect a chairperson, vice -chairperson and recording secretary. The vice -chairperson shall have the power to perform all duties of the chairperson in his or her absence. The recording secretary shall have the duty to take roll, ensure the presence of a quorum, and record the minutes of each meeting. Thereafter, at its first meeting of each calendar year, the advisory committee shall organize by electing a chairperson, vice -chairperson and recording secretary to serve for a period of one year. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.080 Vacancies. When a vacancy occurs as the result of a completed term, or due to the death, resignation, or unexcused absence from two consecutive regular meetings of an advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors. The Whatcom County flood control zone district board of supervisors shall advertise a vacancy and include an application deadline of 4:00 p.m. on the day of the regularly scheduled council meeting at which nominations and possible vote to appoint are scheduled to occur. Board members shall make nominations from the list of applicants and list of alternate members at this same regularly scheduled meeting. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire board. In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. If a position has remained vacant for more than 90 days due to a lack of qualified applications having been received, an applicant who has previously served on the advisory committee may be appointed to serve an additional term, notwithstanding any other provisions of this title. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). 100.06.090 Public meetings and records. Written notice of the time and place of any meeting shall be sent to each member of the committee at least five days prior to each meeting. While the subzone advisory committees are not agency -governing bodies subject to the Washington State Open Public Meetings Law, the board of supervisors intends that the subzone advisory committees give public notice of their meetings consistent with that statute, hold meetings open to the public, and record the proceedings of any meeting. No advisory committee shall take any action or make any recommendation to the flood control zone district advisory committee or the board of supervisors except through recorded decisions made at properly noticed public meetings. Page 4 k" Records of the subzone advisory committees shall be provided to the river and flood division of the Whatcom County public works department, which shall retain them unless otherwise provided for by agreement between Whatcom County and the Whatcom County flood control zone district. (Res. 2010-039 Exh. A; Res. 2008-054 Exh. A). Page 5 I WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-071 CLEARANCES Initial Date Date Received in Council O,rice Agenda Date Assigned to: Originator: RE C E�� �Vf /J E D n FEB0 1 D 7 ZU12 {; M ,A' HATCOM COUNTY COUNCIL 2114112 Natural Resources and Council Division Head. Dept. Head. Michael McFarlane C � Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Discussion of potential property acquisition for park and trail purposes. ATTACHMENTS: SEPA review required? ( ) Yes SEPA review completed? ( ) Yes (X ) NO ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) 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 PARKS & RECREATION DEPT. 3373 Mt. Baker Highway Bellingham WA 98226 MEMORANDUM TO: Jack Louws, County Executive FROM: Michael McFarlane y Michael McFarlane Director RECEIVED FEB 3 - 2012 JACK LOUWS COUNTY EXECUTIVE RE: Potential Property Acquisition for Park and Trail Purposes DATE: February 2, 2012 Enclosed is an agenda bill for your signature and forwarding to the Council Office. ■ Background and Purpose The item to be discussed is the potential acquisition of the 29 acre Ruth Hanson Farm located in the Maple Falls area for park and trail purposes. ■ Funding Amount and Source If Council is in agreement, an appraisal will be ordered for the property to determine value. An appraisal for this property is estimated to cost $450.00. A purchase price would be negotiated after the appraisal is completed and reviewed by staff and the seller. Both the appraisal and potential acquisition is eligible for funding through the Conservation Futures fund. Please contact Michael McFarlane at extension 32072 if you have any questions or concerns. Encl. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-072 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 2/3/12 Feb. I4, 20I2 Finance/Coup Division Head. - FEB O 7 2012 WHATCOM COUNTY Dept. Head: Prosecutor: � — Purchasing/Bud et: � Q f�/�z COUNCIL Executive: TITLE OF DO dV WT, Economic Development Investment Program — Interlocal Grant Agreement with City of Bellingham ATTACHMENTS. Memorandum; Interlocal Grant Agreement 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) On December 6 h, 2011, the County Council approved the EDI Board's funding recommendation in support of a $350,000 loan and a $300,000 grant to the City of Bellingham for use towards their project entitled West Bakerview Overpass. Attached is the Interlocal Loan and Grant Agreement between the County and the City of Bellingham that outlines the terms of this agreement. Note: This agreement is being presented for approval concurrently with the Interlocal Funding Agreement between Whatcom County, the Port of Bellingham and the City of Bellingham regarding this project. We respectfully request the Council's approval for the County Executive to execute this Interlocal Agreement. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. WHATCOM COUNTY Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 4'Syt NG�C MEMORANDUM TO: Whatcom County Council Members FROM: Suzanne Mildner, Grants Coordinator THROUGH: Jack Louws, County Executive 4 RE: Economic Development Investment Program Interlocal Loan & Grant Agreement with City of Bellingham DATE: February 3, 2012 Jack Louws County Executive Enclosed are two (2) originals of an Interlocal Loan and Grant Agreement between Whatcom County and the City of Bellingham for your review and approval. ■ Background and Purpose The City of Bellingham submitted an application for funding from the Whatcom County Economic Development Investment (EDI) Program to assist in financing the West Bakerview Overpass project. On December 6th, 2011, the County Council approved the EDI Board's recommendation to provide EDI loan and grant funding in the total amount of $650,000.00 for this project. • Requested Action The EDI Board and the County Executive is recommending that the County Council approve this Interlocal Loan and Grant Agreement, which will provide the applicants with the requested amounts: a loan for $350,000 and a grant for $300,000.00. This agreement is being presented for approval concurrently with the Interlocal Funding Agreement between the county, the Port of Bellingham and the City of Bellingham. Funding for this agreement is being provided from -the Public Utilities Improvement Fund (Rural Sales Tax), and the supplemental budget was approved by the Council on January 24, 2012. If you have any questions regarding this agreement please contact me at 676-6717. /Encl. 10 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. C, ),0/-20a00(0 Originating Department. Executive Contract Administrator: Suzanne Mildner Contractor's /Agency Name: City of Bellingham Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) (EDI Program) CFDA number Is this contract grant funded? Yes No X Ifyes, 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 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 $_650, 000 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 $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services Interlocal Loan and Grant Agreement with the City of Bellingham utilizing EDI Program funding (from the Public Utilities Improvement Fund) for use in the City of Bellingham's West Bakerview Overpass project. rm of Contract: 7 years 1 Expiration Date: (estd)1213112019 ff Contract Routing Steps'c Signoff [sign or initial] 2. 3. 4. 5. 6. 7. 8. 9. 10 Prepared by: . [indicate date transmitted] Date _12113111 _ [electronic] Date 12113111 [electronic] Date 2 AhhZ [electronic] Date _ [electronic] Date [electronic] hard copy printed Date, - L, �?\ Date Date d- 0 4 1 [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 11 Whatcom County Contract No. aCIA 0a00(o Economic Development Investment Program Interlocal Loan & Grant Agreement PARTIES This Agreement is made by and between Whatcom County (hereinafter referred to as the County), and the City of Bellingham (hereinafter referred to as the City). II TERM This Agreement takes effect upon both: 1) execution hereof by the authorized representatives of both parties and 2) execution of the accompanying Interlocal Funding Agreement referred to herein, and continues in effect until all payments required under Section V, MUTUAL CONSIDERATION, Subsection C, REPAYMENT OF COUNTY LOAN, have been made or until terminated as provided for in Section VIII, "TERMINATION. III PURPOSE The purpose of this Agreement is to provide funding support for the West Bakerview Overpass Project (hereinafter referred to as the Project) using certain County funds designated for such infrastructure development. These funds will be used to complete the Project as outlined in the Economic, Development Investment (EDI) Program Application as attached (Attachment C). IV RECITALS The Parties make this Agreement based on and in recognition of certain relevant facts and circumstances including: A. Sales and use taxes are collected in and for the County under authority of RCW 82.14.370 and Whatcom County Code 2.130 for the purpose of financing public facilities in the County, and the proceeds are deposited in the Whatcom County Public Utilities Improvement Fund. B. The City will construct the Project. The Project will be partially funded by a $350,000.00 loan from the Whatcom County Public Utilities Improvement Fund, a $300,000 grant from the Whatcom County Public Utilities Improvement Fund, and the balance of the Project will be funded by the City of Bellingham and other sources identified in the Interlocal Funding Agreement Between City of Bellingham, The Port of Bellingham and Whatcom County For the West Bakerview Overpass Project (ES-462) ("Interlocal Funding Agreement") which is currently being negotiated by the City, the Port of Bellingham, and the County. The Project improvements, when complete, will be owned and Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingbam Page 1 of 8 12 maintained as set forth in the "Interlocal Funding Agreement"). C. RCW 82.14.370 was adopted to serve the goals of promoting the ongoing operation of business in rural distressed areas, promoting the expansion of existing businesses in rural distressed areas, attracting and developing new businesses, and providing family wage jobs and the development of communities of excellence in such areas. The parties expect the Project to further these goals. D. RCW 82.14.370 defines public facilities to include bridges, roads, domestic and industrial water facilities, sanitary sewer facilities, earth stabilization, storm sewer facilities, railroad, electricity, natural gas, buildings, structures, telecommunications infrastructure, transportation infrastructure, or commercial infrastructure, and City facilities in the state of Washington. E. The County has created the EDI Board to review applications for loans and grants from the Public Utilities Improvement Fund and to make recommendations for Public Utilities Improvement Fund investments based on commitment of other funds, potential for resulting job creation, and other factors. F. The EDI Board has reviewed the application for Public Utilities Improvement Funds and has recommended approval to the Whatcom County Council. G. The County EDI Board has reviewed and recommended this project application be approved with a recommendation of a loan in the amount of $350,000.00 and a grant in the amount of $300,000, for a total of $650,000. A copy of the EDI application for this project is attached by reference to this Agreement. H. The Whatcom County Council reviewed the recommendation and approved a loan to the City from the Public Utilities Improvement Fund in the amount of $350,000, and a grant to the City from the Public Utilities Improvement Fund in the amount of $300,000. I. The Public Utilities Improvement Fund balance is sufficient to make the requested loan and grant to the Project. J. RCW 39.34 authorizes interlocal agreements whereby municipal governments may jointly exercise the powers granted to each. V MUTUAL CONSIDERATION The parties do not intend to create any new or separate legal or administrative entity by this Agreement but intend for this mutual Agreement to govern the County's financial support for the Project. The terms and conditions contained herein reflect the voluntary participation of the parties. A. CITY OF BELLINGHAM RESPONSIBILITIES: The City hereby agrees as follows: Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 2 of 8 13 (i) If after the award of the construction contract, the scope of the Project or the Project budget has changed, the City shall provide the County the following updated documents: 1) a detailed description of the project; 2) a project budget itemizing major improvements together with the esti- mated cost of the improvements; and 3) a schedule showing sources and uses of funding for the project, if any of the aforementioned documents varies from those that were submitted with the City's application for EDI funding. (ii) The City shall be responsible for all aspects of the design and construction of the project. (iii) The City shall be responsible for all aspects of the public works construction contract administration, which shall include, but not be limited to, advertising, bidding, and awarding the contract. The City will comply with all applicable laws, rules and regulations relating to bidding the project. The County shall have no responsibility for the Project other than the funding set forth herein and as further set forth in the Interlocal Funding Agreement. (iv) The City shall provide the County with a final report showing the actual cost of the project and the actual sources and uses of funding for the project. (v) The City shall repay the loan in full. B. WHATCOM COUNTY'S RESPONSIBILITIES: The County hereby agrees as follows: (i) COUNTY LOAN —The County shall loan Three Hundred and Fifty Thousand Dollars and Zero Cents ($350,000.00) for the Project described herein (the "Loan"). This Loan shall be by County warrant drawn on the Public Utilities Improvement Fund and payable to the City, available upon written request after approval and execution of this agreement by the Whatcom County Council and the City, and pursuant to the terms contained in (iii) Payout of Loan and Grant Funding. (ii) COUNTY GRANT —The County shall issue a grant to the City for up to Three Hundred Thousand Dollars and Zero Cents ($300,000.00) for the Project described herein. This grant shall be by County warrant drawn on the Public Utilities Improvement Fund and payable to the City upon approval of this agreement by the Whatcom County Council and the City, and pursuant to the terms contained in (iii), Payout of Loan and Grant Funding, below. (iii) PAYOUT OF LOAN AND GRANT FUNDING The County shall pay out the loan and grant funding to the City up to a maximum of Six Hundred and Fifty Thousand Dollars and Zero Cents ($650,000.00) of the total project costs. This amount shall be paid in accordance with Attachment B, attached hereto. Disbursements of grant and loan funding shall be made contingent upon and subject to the continued commitment of the other project funding sources. Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 3 of 8 14 (iv) Unless the parties to this agreement mutually agree in writing to modify the consideration, the funding identified herein and in the Interlocal Funding Agreement is all the County is obligated to pay towards this project. The City agrees to protect the County from, hold it harmless from, and indemnify it for, any charges that may be levied in excess of the agreed amount. C. REPAYMENT OF COUNTY LOAN —The City shall repay the Loan as follows: (i) The term of the Loan shall be seven years, commencing from the date that the County disburses the Loan proceeds to the City. Interest shall accrue on the unpaid principal at a rate of 1% per annum. Interest shall begin accruing from the date of disbursement of loan funds. (ii) The City will make loan payments to the County annually on or before the anniversary date of receiving loan proceeds in accordance with the attached amortization schedule (Attachment A). Loan payments must be delivered to the Whatcom County Executive Dept., Suite 108, 311 Grand Avenue, Bellingham, WA 98225. (iii) Failure to make the payment in the required amount by the date it is due according to the amortization schedule hereto attached shall constitute an event of default by the City. In the event that the City fails timely to make a Loan payment hereunder, the County shall notify the City of the failure and the City shall have fourteen (14) days to cure its failure. At the option of the County, such an event of default and the City's failure to cure within the stated time period is a sufficient basis upon which the County may take action to collect the amount that is delinquent, and if the County takes action to collect pursuant to this provision, the City shall pay to the County not only the amount owing, but also any collection of reasonable costs incurred by the County. Furthermore, if the City fails to make a payment on the Loan within thirty (30) days of the date it is due, and if the County has provided the City with the notice provided for in this section, then the County may choose to declare the remaining balance of the loan due and owing. (iv) There is no prepayment penalty should the City desire to retire this debt early, either in whole or in part. (v) The City and County agree that the loan provided for hereunder is subordinate to all general obligation bonds that have been issued by the City or that may be issued by the City in the future. VI RECORDS, REPORTS AND AUDITS The City agrees to maintain such records, make such reports and follow such procedures pertaining to this Agreement as may be reasonably required by the County and as are typically maintained and made by the City in the undertaking of a project of this nature. All City records pertaining to this Agreement and the Project work shall be Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 4 of 8 15 is required to resolve audit findings or litigation. The County and other authorized representatives of the State government shall have access to any books, documents, papers, and records of the City which pertain to this Agreement or the Project work for the purpose of making audit, examination, excerpts, and transcriptions. VII RELATIONSHIP OF PARTIES AND AGENTS Neither the City nor the County shall have authority to execute contracts or to make commitments on behalf of the other, and nothing contained herein shall be deemed to create the relationship of employer and employee or principal and agent between the County and the City. This agreement does not create, either implicitly or explicitly, any right, duty or obligation that is not expressly provided for herein. The City represents that it has or will secure at its own expense all personnel, contractors, and/or subcontractors required in order to perform the Project work. Such personnel shall not be employees of, or contractors with the County for purposes of the project described herein. All such personnel, contractors, and/or subcontractors shall be fully qualified (as determined by the City in its sole discretion) and authorized/permitted under State and/or local law to perform such services. VIII TERMINATION If the City fails to comply with the terms and conditions of this Agreement, the County may pursue such remedies as are legally available, including, but not limited to, the termination or closeout of this Agreement in the manner specified herein: A. TERMINATION FOR CAUSE— If the City fails to comply with the terms and conditions of this Agreement, the County will give notice to the City in writing of its failure to comply. The City will be given thirty (30) days from date of notice to comply with the terms of the Agreement or submit a plan acceptable to the County to bring the City into compliance with the Agreement within a time period reasonably acceptable to the County. Failure to comply with the terms and conditions of this Agreement by either party shall constitute an event of default. In the event of default by the City and a failure by the City to cure as provided for herein, the County may take such remedial actions under the law as are available to cure the default, including the imposition of the reasonable costs of collection. In the event of default by the County, the City may take such remedial actions under the law as are available to cure the default, including specific performance. C. TERMINATION FOR OTHER GROUNDS —This Agreement may be terminated in whole or in part by mutual consent and written agreement between the parties, duly authorized and executed, setting forth the conditions of termination, including effective date and, in case of termination in part, that Portion to be terminated. Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 5 of 8 16 IX COMPLIANCE WITH LAWS The County and the City shall comply with all applicable laws, ordinances, and codes of the Federal, State and local governments with regard to the performance of this Agreement. X INTEREST OF MEMBERS OF THE COUNTY AND THE CITY No member of the governing body of either party and no other officer, employee, or agent of either party who exercises any functions or responsibilities in connection with the planning or carrying out of the Project shall have any personal financial interest, direct or indirect, in this Agreement. XI HOLD HARMLESS AND INDEMNITY To the extent permitted by law, the City shall indemnify and hold harmless the County, its officers, agents, and employees, from all liability, loss or damage, including costs of defense they may suffer as a result of claims, demands, actions costs, or judgments which result from the activities to be performed by the City, its agents, employees, or subcontractors pursuant to this Agreement. XII ASSIGNABILITY The City shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment or novation) without prior written consent of the County thereto, provided, however, that claims for money by the City from the County under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the County by the City. XIII NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. XIV CONTRACT MODIFICATIONS No modification or waiver of any clause or condition of this Agreement shall be binding upon either party unless such modification or waiver is in writing and duly authorized and executed by the County and the City. XV SEVERABILITY If any Portion of this Agreement is changed per mutual agreement or any Portion is held invalid, the remainder of this Agreement shall remain in full force and effect. XVI NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 6 of 8 17 TO CITY: Ted Carlson, Public Works Director City of Bellingham 210 Lottie Street Bellingham, WA 98225 TO COUNTY: Brad Bennett, Finance Manager c/o Whatcom County Executive's Office 311 Grand Avenue, Suite 108 Bellingham, WA 98225 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. XVII INTEGRATION This Agreement contains all terms and conditions to which the County and the City agreed, and this Agreement supersedes all of their previous understandings and agreements, written and oral, with respect to this loan and grant transaction. There are no other oral or written agreements between the City and County as to the loan and grant terms contained herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing, duly authorized and executed by both parties. XVIII GOVERNING LAW AND VENUE All questions of the validity, construction, and application of this Agreement shall be governed by the laws of the State of Washington. Venue for any suit between the parties arising out of this Agreement shall be the Superior Court of the State of Washington in and for Skagit County, Washington. XIX RECORDING Upon execution of this agreement by the parties hereto, the County shall cause it to be recorded with the Whatcom County Auditor pursuant to the recording requirement contained within RCW 39.34.040. *************** IN WITNESS WHEREOF, the County and the City have executed -this Agreement as of the date and year last written below. EXECUTED, this BELLINGHAM: day of , 2012, for the CITY OF Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham Page 7 of 8 Mayor Attest: Finance Director STATE OF WASHINGTON ) ) ss. COUNTY OF Whatcom ) Departmental Approval_ Department Head Approved as to Form: Office of the City Attorney On this day of , 2012, before me personally appeared KELLI LINVILLE, to me known to be the MAYOR of the City of Bellingham and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires WHATCOM COUNTY: Approved: Accepted for Whatcom County: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2012, before me personally appeared JACK LOUWS, 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. Approved as to form: 'Q C='l fllrosecuting Attey Date Interlocal Loan & Grant Agreement between Whatcom County and the City of Bellingham NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Page 8 of 8 19 Attachment A WHATCOM COUNTY EDI Loan City of Bellingham West Bakerview Overpass Principal Interest Rate Term $350,000 1.00% 7 1 2013 $350,000 ($52,020) 3,500 ($48,520) $301,480 2 2014 $301,480 ($52,020) 3,015 ($49,005) $252,475 3 2015 $252,475 ($52,020) 2,525 ($49,495) $202,980 4 2016 $202,980 ($52,020) 2,030 ($49,990) $152,990 5 2017 $152,990 ($52,020) 1,530 ($50,490) $102,501 6 2018 $102,501 ($52,020) 1,025 ($50,995) $51,506 7 2019 $51,506 ($52,021) 515 ($51,506) $0 ($364,140) ($350,000) Bakerview EDi attachment A 2/3/2012 9:00 AM 20 Attachment B City of Bellingham — West Bakerview Overpass Project Loan and Grant Draw Down Requirements The $350,000.00 loan will be disbursed prior to grant funding. The loan will be disbursed in full, ($350,000), upon written request for the funds from Ted Carlson, Public Works Director of the City of Bellingham. The request for funds is to be addressed to the Whatcom County Executive's office, 311 Grand Avenue, Suite 108, Bellingham, WA 98225 and should reference the Whatcom County assigned interlocal agreement number. The loan will be disbursed by warrant within 30 days of receipt of request. Grant funding will be disbursed after project construction has begun, upon written request from Ted Carlson, Public Works Director of the City of Bellingham, supported by proof of work performed and/or allowable expenses otherwise incurred on the Project at a cost commensurate with the amount requested, and not otherwise specifically reimbursed. The request for funds is to be addressed to the Whatcom County Executive's office, 311 Grand Avenue, Suite 108, Bellingham, WA 98225 and should reference the Whatcom County assigned interlocal agreement number. The grant will be disbursed by warrant within 30 days of receipt of request. 21 Aft6_c t ►eht- C ti v I N 6�0 November 23, 2011 DEPARTMENT OF PUBLIC WORKS 210 Lottie Street, Bellingham,WA 98225 Telephone (360) 778-7900 Fax (360) 778-7901 Economic Development Investment Board (EDI Board) Attn: Pete Kremen, County Executive Whatcom County 311 Grand Avenue Bellingham, WA 98225 Dear EDI Board Members: G NOV 2 1 2011 PETE KREDMEN COUNTY EXECUTIVE The City of Bellingham is proud to submit the West Bakerview Overpass application for Whatcom County's Economic Development Investment (EDI) Program. The Overpass is currently a heavily traveled and heavily congested route that crosses Interstate 5 between Bellingham International_ Airport and two of Bellingham's largest commercial and industrial employment centers. Our project will undertake several actions to increase capacity and decrease delays through this area. The West Bakerview Overpass project represents an impressive partnership between several entities that have come together to implement solutions that will result in a cost effective, long-term mobility benefit and economic development opportunity for the region. EDI funding in the amount of $650,000 will ensure that important regional and multi - modal improvements to the West Bakerview Overpass are not only implemented, but are constructed and available for public use by the end of 2013, a year ahead of our current schedule. Please consider giving this application a favorable recommendation to the Whatcom County Council. Sincerely, Ted Carlson Public Works Director 22 Whatcom County Economic Development Investments Program Application City of Bellingham, Applicant West Bakerview Overpass November 23, 2011 23 Summary - Application for Funding Applicant (Governmental Entity) Federal Tax Number Contact Name Title Telephone Fax Email Address City of Bellingham 91-6001229 Ted Carlson Public Works Director 360-778-7998 360-778-7901 tcarlson@cob.org 210 Lottie Street Bellingham, WA 98225 Project Title: West Bakerview Overpass Amount of EDI loan requested: $350,000 Amount of EDI grant requested: $300,000 Source of Local Match: City of Bellingham Street Fund $250,000 List other funding: Date Date Amount Source Requested Approved of Funding Port of Bellingham 7/11 8/16/11 $500,000 Whatcom County 7/11 8/8/11 $100,000 State Dept. of Transportation 7/11 7/26/11 $100,000 Fred Meyer 7/11 8/8/11 $100,000 State TIB Grant 8/26/11 11/18/11 $1,500,000 TOTAL public project costs: $3,100,000 TOTAL private investment in plant/equipment $100,000 Funding commitment letters can be made available upon request. City of Bellingham EDI Application Page 2 West Bakerview Overpass 24 A. Request For Funding Terms Al. Indicate the terms of the funding that you are requesting here. Due to the significant amount of leverage by several public and one private entity, the City of Bellingham is requesting a $300,000 grant funding and a $350,000 loan. (a) Total number of years for repayment 7 years. (b) Other specific terms: 1% Interest B. Project Description B1. Describe the entire public facility project, including the parts that you are not asking EDI to fund. The West Bakerview Overpass (Overpass) is a heavily traveled and highly congested two-lane arterial and designated truck route that crosses Interstate 5 (1-5) between the Bellingham International Airport and some of Bellingham's largest commercial and industrial centers. The Overpass has only one travel lane in each direction without curb, gutters, or sidewalks creating significant congestion and safety issues. Gridlock often blocks intersections and at times results in vehicles backed up on the off -ramps, creating unsafe conditions. In 2010, the Washington State Department of Transportation (WSDOT) commissioned a West Bakerview/1-5 Value Planning Study to identify an alternative solution to the $40M full interchange rebuild. The study recommends the following cost-effective improvements to the existing Overpass: 1) minor widening of West Bakerview on the east and west sides of the Overpass; 2) adding dual west -bound left turn lanes at Dover (Fred Meyer exit); 3) installing two additional through lanes on the overpass; 4) constructing a new 6-foot sidewalk on the north side of the bridge; 5) adding a drop right -turn lane from the overpass to the 1-5 northbound on -ramp; and 6) installing new pedestrian crosswalks and building a center pedestrian refuge across 1-5 northbound on and southbound off ramps. The EDI request is to contribute to implementing the recommended measures above. B2. Will this project upgrade an existing public facility? Yes Build a new one? No Describe: See above. B3. Specifically, what element(s) of the public facility project will EDI funds pay for? Engineering. design, and construction of the West Bakerview Overpass improvements B4. Include a site map of the area. (Materials must be reproducible in black and white and in 8 1/2 x 11 format.) Identify the location of the site, public infrastructure and private development project, existing and/or proposed. See Attachment A, West Bakerview Overpass Site Map. City of Bellingham EDI Application Page 3 West Bakerview Overpass 25 B5. Attach engineering estimates that support project costs. Identify if estimates are from preliminary engineering or design engineering work. See Attachment B, Scoping Estimate, prepared by the Washington State Department of Transportation. B6. Describe how the public facility project will enhance or encourage other development in the immediate area in addition to the direct development described in this application. The west and northeast sides of the project area lay within the Bellingham's Urban Growth Area, and are zoned for dense commercial and industrial growth. Two pending annexations in the immediate vicinity would increase land capacity to support additional jobs for Whatcom County residents. However, the City is unable to annex more employment land in this area until additional vehicular transportation capacity to and across 1-5 is available. Furthermore, corrective measures are needed in order for the Port to continue expanding the Bellingham International Airport, a regional economic asset. B7. List all permits and environmental reviews required for the public sector project and give their current status (applied for, application being prepared, permit issued, etc.) Permit/ Anticipated Environmental Completion Review Issuer Status Date SEPA Wetland City of Bellingham WSDOE, USCOE & City Interchange Justification WSDOT Stormwater City of Bellingham B7. Provide preliminary project schedule: Preliminary Engineering Report Environmental Review All Required Permits Obtained Design Engineering Land/Right-of-Way Acquisition Prepare Bid Documents Award Construction Contract Begin Construction Project Operational 9/12 11/12 5113 11/12 Estimated Completion Date (month/year) Complete 3/14 5/13 1/13 NIA 3/13 6/13 7/13 12/13 (Note: EDI funding will allow the project to be completed one year ahead of schedule. Schedule has been revised since last EDI Board meeting to reflect this change.) City of Bellingham EDI Application Page 4 West Bakerview Overpass M 138. Other jurisdictions. (a) Are other jurisdictions, such as counties, cities, port districts, tribes, state/federal agencies involved in the planning, design, financing, construction or operation of this project? If so, please identify all entities: Yes. Whatcom County, Port of Bellingham and Washington State Department of Transportation. This project is a unique opportunity for several entities to partner on implementing a solution that will result in a cost effective, long-term mobility benefit and economic development opportunity for the region. (b) Explain how completion of the project is coordinated between these entities. The West Bakerview Overpass project involves both public and private entities because from east to west it incorporates improvements for Fred Meyer Corporation, City of Bellingham, WSDOT, Whatcom County, and the Port of Bellingham. Dual left - turn lanes will be installed at the Bakerview/Dover intersection to relieve vehicle back- ups in the Fred Meyer parking lot. Minor widening, addition of two new travel lanes, and operational improvements to traffic signals will be made to West Bakerview between Dover and the 1-5 north bound/southbound on -/off -ramps to relieve City traffic congestion and reduce vehicle back-ups while maintaining on -time transit service for WTA busses along the Bakerview corridor. The addition of two new travel lanes, a 6-foot sidewalk, and crosswalk enhancements will provide significant additional vehicle capacity and pedestrian safety to the WSDOT-managed interchange facility. The addition of a right -turn lane from the bridge abutment to the northbound 1-5 on -ramp, as well as re-channelization between Maplewood and Bennett fulfills the Port of Bellingham's mitigation requirements to the Bakerview interchange for the Bellingham Airport Master Plan. Re-channelization and intersection operational improvements between Maplewood and Bennett improve safety and reduce County traffic congestion. B9. Who will operate and maintain the public facility in this project? The State Department of Transportation is responsible for maintenance and operation of the Bakerview/1-5 Overpass, but relies on the City of Bellingham Traffic Operations Center to operate all traffic signals on the interchange. The City of Bellingham maintains the Bakerview corridor and all arterial streets west of the overpass. Whatcom County is responsible for maintenance of all arterials east of the overpass (until this area is annexed), but relies on the City of Bellingham Traffic Operations Center to operate all traffic signals on the interchange. B10. Will this project impact utility rates and public services within the jurisdiction? Explain: Utility rates will not be impacted directly by this project. As vehicle traffic congestion decreases, other public services, such as WTA transit, law enforcement, fire, and emergency medical response, will be positively impacted by the project. 1311. Is this project consistent with your local comprehensive plan, capital facilities plans and/or county comprehensive economic development strategy? If yes, attach relevant portion of plan. If no, please explain. Yes, see Attachment C, reference in City of Bellingham Comprehensive Plan. City of Bellingham EDI Application Page 5 West Bakerview Overpass 27 C. Financial Information On Cities, Towns, Port Districts or Counties C1. Will a revenue stream be generated that could repay a EDI loan in addition to funding the operations and maintenance costs of the facility? Yes X No (a) If yes, please describe: Transportation Impact Fees (TIF) generated by new development could be used to pay off an EDI loan. However, the collection of TIF revenue is dependent on the timing of private sector development, which is beyond the control of City government. If TIF revenue is not available, the City will use its Street Fund to pay EDI loan debt service. (b) If no, please identify eligible funding sources committed to loan repayment. C2. In the context of your entity's overall annual budget, explain the need for EDI assistance. While the $3.2M project cost is significantly lower than the $40M required for a full interchange rebuild, it is still a considerable financial undertaking for the City at this time. The State transportation budget has contracted substantially over the past several years, the City's three most significant transportation revenue sources have decreased 20% since 2007, and future City funding capacity is uncertain. Assistance from our local EDI fund at this time will allow this project to move forward in 2012 to alleviating a major regional transportation problem while supporting economic opportunities for the City, Whatcom County, and Port of Bellingham. C3. If the local jurisdiction is not financially contributing to the project, please explain why. N/A C4. Has the use of revenue or general obligation bonds, LID, ULIDS been explored for this public facility project? Yes X No . Explain the outcome and describe why these financing sources would or would not be applicable for this project. The City has explored several methods of financing the improvements to the West Bakerview Overpass. Revenue and general obligation bonds are not appropriate financing mechanisms for this project because the beneficiaries of the project are not limited to one particular jurisdiction and its ability to issue revenue or general obligation bonds with the assurance to its constituents that they are not simply subsidizing benefits that will accrue to other constituents and jurisdictions. Due to the large regional nature of the interchange improvements, a Local Improvement District (LID) is also not an appropriate financing mechanism because it is not possible to develop a geographically concise "benefit area" and the development of a corresponding "benefit equation" to apply to surrounding properties to assess a proportionate benefit share toward the project improvements. D. Private Sector Commitment The Fred Meyer Corporation is contributing $100,000 toward the project improvements and TIF revenue collected from private development will be allocated to the project, but there is no other outright private sector commitment, so this section is not applicable to this proposal. City of Bellingham EDI Application Page 6 West Bakerview Overpass E. Project Feasibility E1. Summarize the results of the feasibility analysis that supports your proposed public facility investments. In early 2010, the Washington State Department of Transportation (WSDOT) commissioned the West Bakerview/1-5 Value Planning Study (VPS) to identify a low-cost alternative solution to the full $40,000,000 interchange rebuild identified in the 2008 Fairhaven to Slater Interstate 5 Master Plan. The VPS was published in April 2011 and recommended the following cost-effective improvements to the existing Overpass: 1) minor widening of West Bakerview on the east and west sides of the Overpass; 2) adding dual west -bound left turn lanes at Dover (Fred Meyer exit); 3) installing two additional through lanes on the overpass; 4) constructing a new 6-foot sidewalk on the north side of the bridge; 5) adding a drop right -turn lane from the overpass to the 1-5 northbound on -ramp; and 6) installing new pedestrian crosswalks and building a center pedestrian refuge across 1-5 northbound on and southbound off ramps. The complete April 2011 West Bakerview/1-5 Value Planning Study is available on WSDOT's website at www.wsdot.wa.gov/northwest/baker/planning.htm In June 2011, the City of Bellingham adopted the VPS recommendation as the "West Bakerview Arterial Safety & Overpass Improvements," listed as project #12 on the 2012- 2017 Bellingham Transportation Improvement Program (TIP). E2. Identify industries that are targeted for recruitment with this project. Due to unprecedented growth at the Bellingham International Airport over the last several years, with approximately 65% of flight passengers being Canadian citizens, the hospitality industry, specifically hotels, will find this location very desirable. One hotel with an 87-room capacity is currently under construction, another hotel with a 205-room capacity is nearing construction, and another hotel with a 106-room capacity is completing development review and nearing the building permit stage. The proximity to Interstate 5 makes the surrounding City, County, and Port areas a prime location for a variety of transportation -dependent commercial and industrial uses. E3. Describe a market strategy that contains action elements with appropriate timelines. Who will be responsible for implementing the marketing strategy? A market strategy for this particular transportation infrastructure project is not applicable, although the City, County, and Port will be able to point to the West Bakerview Overpass improvements as a benefit to a variety of transportation -dependent commercial and industrial uses for economic development purposes. E4. Describe the site's appropriateness by addressing (at a minimum): The site itself is located within City, County and State rights -of -way. However, areas around the site have the following attributes: o Zoning — Light Industrial and Commercial o Environmental restrictions — Small, primarily discontinuous wetlands. o Access to infrastructure • Water —Yes, within City of Bellingham and at Bellingham International Airport (BIA). Full access to City water available to all other properties west of 1-5 only after annexation from County City of Bellingham EDI Application Page 7 West Bakerview Overpass 29 to City. • Sewer — Yes, within City of Bellingham and at Bellingham BIA. Full access to City water available to all other properties west of 1-5 only after annexation from County to City. • Road — The site itself is an interchange, a designated truck route, and a route for 3 separate WTA bus lines. • Rail — Rail service is available to the south and east of the BIA. • Electricity - yes o Distance to markets — access to Interstate 5, BIA, and two of Bellingham's largest commercial and industrial centers. Close proximity to the US/Canadian border. o Site's ability to support the anticipated development over time. The West Bakerview Overpass improvements will yield major reductions in vehicle traffic congestion, including: ✓ 80% increase in westbound vehicle capacity; ✓ 50% decrease in average delay for drivers at 1-5 northbound off -ramp and Bakerview Road; ✓ 75% decrease in average delay at the Bakerview-Maplewood Avenue intersection; ✓ 77% decrease in traffic back-up between Maplewood and Pacific Highway. E5. Provide an analysis of other adequately serviced land in the area and give the primary reasons for the selection of the proposed site over other existing sites. This project is not a development site. This project supports the development of various surrounding properties currently in City, County, and Port jurisdictions. E6. Describe the plan to secure the total required funding for the public facility improvements. Is it secured or not, and will it be available in the time frame established for project completion? Project funding is secured and is available to meet the established time frame for project completion. The City has received notice from the Transportation Improvement Board that the project was awarded $1,500,000 and has funding commitments from the Port of Bellingham, Whatcom County, and Fred Meyer Corporation. The EDI funding would allow the City of Bellingham to begin design and engineering work in 2012, which is earlier than current funding commitments allow. E7. For the total project, including public and private components, please describe the projected number of jobs created and/or retained, anticipated wages and how wages compare to local prevailing wages, opportunities the project may offer to the local labor force and other related issues. See Attachment D, Employment Center Statistics and annexation materials. Because a specific business does not accompany this application, wage rates are not applicable. The business community will be able to expand and locate in this area providing a variety of employment opportunities to a diverse labor force. City of Bellingham EDI Application Page 8 West Bakerview Overpass 30 E8. Describe specific, quantifiable measures of the outcomes, other than jobs, that will demonstrate project success. Describe how you will measure these. Explain what you expect to show as progress toward the outcome for each year before the whole outcome has been achieved. The West Bakerview Overpass improvements will yield major reductions in vehicle traffic congestion, including: ✓ 80% increase in westbound vehicle capacity; ✓ 50% decrease in average delay for drivers at 1-5 northbound off -ramp and Bakerview Road; ✓ 75% decrease in average delay at the Bakerview-Maplewood Avenue intersection; ✓ 77% decrease in traffic back-up between Maplewood and Pacific Highway. In addition, the completion of the West Bakerview Overpass improvements will allow pending annexations surrounding the interchange to proceed. City of Bellingham EDI Application Page 9 West Bakerview Overpass 31 City of Bellingham — West Bakerview Overpass EDI Application Application for Funding — Certification I HEREBY CERTIFY THAT THE INFORMATION GIVEN IN THIS APPLICATION TO WHATCOM COUNTY FOR INVESTMENTS IN ECONOMIC DEVELOPMENT IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. Signature of Responsible Public Official: Date Print or Type Name and Title: Daniel V. Pike, Mayor of Bellingham 32 LA 4-0 E a O L CL E m CL a O 3 a� i m m 4-0 E s V m dU, 4. �c uquuas 33 R iTABOAAEN T b Scoping Estimate 5R: 5 Title: 1-5 / Bakerview Low Cost Interchange Improvements WIN: A00591K PIN: 100591K MP: 257.33 to MP : 258.30 Prepared By: Sonny_ Addtew/Cha4 Cathoan Date: 3.OfOl0: `... Revised: Checked BY: Fa>Fick.Fdkr AWL TWashington State Depwbuent of Transportation work 1Eem Puce per Unit Unit Qljr Goal Preparation 0026 Clearing and Grubbing $6,500.00 AC 1.00 $6,500 0050 Removal Of Structure And Obstruction $15.000.00 LS 1.00 $15,000 0170 Removing Beam Guardrail $5.00 LF 1,173 $5.865 0182 Remove Guardrail Anchor $300.00 EA 4.00 $1.200 0187 Removing Paint Line $0.30 LF 21,854 $6.556 0188 Removing Temporary Pavement Marking $0.25 LF 6.885 $1,721 0190 Removing Plastic Line $1.00 LF 4.442 $4.442 0200 Removing Plastic Traffic Marking $54.00 EA 8.0 S432 Grading 0310 Roadway Excavation Ind Haul $7.00 CY 125.9 $881 0431 Gravel Borrow Ind Haul $10.00 Ton 3.802.8 $38,028 0470 Embankment Compaction $3.00 CY 2,056 $6,167 Drainage xxxx Detention Pond/Valut ind Drainage Items' $250,000.00 LS 1 1.00 $250,000 Storm Sewer Surfacing 5100 Crushed Surfacing Base Course $30.00 T 372.8 $11,183 5120 Crushed Surfacing Top Course S22.00 T 222.7 $4.899 Structures Liquid Asphalt 5334 Anti -Stripping Additive $1.00 EST 2,500 $1,300 Hot Mix Asphalt 5711 Pianing Bituminous Pavement $5.00 SY 1.356.7 $6.783 5767 HMA CI. 1/2 IN. PG 64-22 $83.00 T 2.200.9 $182,678 5830 Job Mix Compliance Catc Doi 3% $5.480 5835 Compaction Price Adjustment Cl. B Calc Dol 2% S3,654 6514 Longitudinal Joint Seal S5.00 LF 1.600 S8,0m Erosion Control S Planting 6403 ESC Lead $130.00 DY 60.00 $7.800 6414 Seeding, Fert., and Mulching $1,500.00 AC 1.00 $1.500 6470 Street Cleaning $100.00 Hr 30.00 $3.000 6471 Inlet Protection $90.00 EA 6-0 $540 6490 Erosion/ Water Pollution control S100.000.00 Est 1 $100.000 6373 jSilt Fence $5.00 LF 250 $1.250 6630 High Visibility Fence $3.00 LF 500 $1,500 Traffic 6700 Cement Conc. Traffic Curb And Gutter $14.00 LF 1,690.0 S23.660 6751 Beam Guardrail Type $24.00 LF 1,500.0 $36.000 6774 Beam Guardrail Anchor Type S800.00 EA 6.00 S4,800 68M Paint Line S0.30 LF 3,500 S1,050 6818 Plastic Wide Line $3.00 LF 1,800 S5,400 6828 Plastic Wide Lane Line $3.00 LF 1,750 $5.250 6833 Plastic Traffic Arrow S60.00 EA 8 S480 6857 Plastic Crosswalk Line $6.00 SF 800 $4.800 6859 Plastic Stop Line S12.50 LF 360-0 $4,500 6881 plastic Drainage Marking $30. 0 EA 6 $180 6888 Temporary Pavement Marking $0.50 LF 12.0001 $6.000 Printed 8/17/201 11:30 PM Page I of 2 35 SCOUT AAk TWashbuiton State Depwbnentof Transportat m Estimate weds rem Prioe perlhiit .that cxy Cost 6890 JPeffnanent Signing $30,000-00 LS 1 $30.000 6904 takimirmlion System, (includes removal) $45,000.00 LS 1.00 $45,000 6912 Traffic Signal System, Bakerview (east) $270,000.00 LS 1.00 $270,000 6956 Sequential Arrow Sign $5,00 Hr 600 $3,000 690 Portable Changeable Message Sign $5.00 HR 1,200 $6,000 6973 Other Temporary Traffic Control $1.00 LS 23,000 S23,000 6980 1 Flaggers And'Spotters $45.00 HR 1,200.00 $12,810 6974 Traffic Control Supervisor $45.00 LS 600.001 848,000 6982 Construction Signing Class A $20.00 SF 200.0 $4,000 6992 Other Traffic Conlral Labor $45.00 HR 1.200.0 $54.000 7447 Transportable Attenuator(s) $5.400.00 FA 2A0 510,800 7449 Operation of Transportable Attenuator(s) $60.00 HR 120.0 $7,200 Other 7055 Cement Conn Sidewalk S32 00 SY 1,69D.0 $54,080 7058 Cement Gonc. Sidewalk Ramp Type $1.015.00 EA 7.00 $7,105 7480 Roadside Cleanup $1.000.00 _ LS 1 S1,D00 7730 SPCC Plan $1,500.00 LS 1.001 $1,500 Subtotal for Percentages Construction Subtotal: Miscellaneous Construction Subtotal: Mobilization Subtotal-. Sales Tax Subtotal Constriction Engineering and contingencies Construction Total: 25% 10% 8S% 18% 4% OPTION 1 $1,405.976 $351,494 $1.757.469 $175.747 $1.933.216 S164,323 $2,097.540 S377,557 S83,902 $2,558.998 RIW: Easements Est S0 Adminiskation 50 Parcel 0 $0 Condemnation 40% $0 Relocation Est $0 R!W Total: $0 Preliminary Engineering: 25% S639,750 Monumentation Mapping Est SO Total Preliminary Engineering $699,750 Project Costs: $3.198.748 Assumptions: No Environmental complications No retaining walls needed. No R!W needed. Wetlands will be avoided. * $250k lump sum per J. Crawford, Program Development to S. Andrew (for stormwater treatment). Approx. 60 working days. See schedule tab. 20% Misc. per Program Development 4/13M 5% Misc. to address risks outside WSDOT limited access area PE estimated at 25% due to inter -agency coordination. City to lead design and construction; review, approval and Printed 8/ 17/2( A future WTA high - frequency (15-minute headway) route along Meridian Street between CBD and Bellis Fair Mall could provide capacity to remove 320 single occupant vehicles (SOV) per hour from the arterial street. SR 539 is a Highway of Statewide Significance and therefore is exempt from concurrency requirements. SR 539 is a Highway of Statewide Significance and therefore is exempt from concurrency requirements. WSDOT will widen to 5 lanes, 2007 - 2009 interstate 5 is a Highway of Statewide Significance and therefore is exempt from concurrency requirements. ttativr ,Elam nt ; A ETA6H AA K! 1 e future. • Eldridge Avenue — Marine Drive between Nequalicum and Bennett Drive. Adding left turn lanes at intersections, as redevelopment occurs, may help to improve capacity. Recommendation: Mitigation of traffic congestion on this arterial is the responsibility of Whatcom County until the northwest UGA is annexed to Bellingham. If annexation occurs in the future, but widening the arterial to add turn lanes and add vehicle capacity are not feasible or are not considered desirable forms of mitigation for the community, then the City Council would need to consider adoption of the Alternative Peak Hour LOS F standard with an associated maximum concurrency threshold for this arterial. • Northwest Road north of West Bakerview Road. This two-lane road is in the unincorporated Bellingham UGA and is therefore the responsibility of Whatcom County until annexation occurs. The City traffic model projects that this facility will function at Peak Hour LOS F within the 20-year planning period. This is a major entry/exit point to Bellingham and the City cannot control the number of inbound/outbound vehicles entering and exiting the City. Recommendation: Mitigation of traffic congestion on this arterial is the responsibility of Whatcom County until the northwest UGA is annexed to Bellingham. If annexation occurs in the future, but widening this arterial to add vehicle capacity is not feasible or not considered a desirable form of mitigation for the community, then the City Council would need to consider adoption of the Alternative Peak Hour LOS F standard with an associated maximum concurrency threshold for this arterial. development along both Northwest and West Bakerview combined with inbound/outbound traffic from Whatcom County and traffic exiting Interstate 5 is expected to result T-85 37 }.`:.1•rv.-�"•.5'=^,�.."..V.oS e.F. ;?y' r_ :?sue.;-.`i -ss,''w -. .. o- < _ •..=:.:=s<__:.� o-e. p,t W.i U�-f v—!'. •:c_ .mot+ = - - - "r+ ....�^-_.off. - •co-:_: :=,_. _ .._.,. .. :�.._. __�.... � _. .. �.�,yvre .u_#?_.:.� _.=_=k::,��h:'- � _ . .. .•:.:.. .., ::<' _ Employment Center Statistics Airport Primary Zoning —Airport Operations 979 Total acres 111 Vacant Acres 484 Existing Jobs 193K Existing Built Sq. Ft. 849 Future New Jobs 146K Future New Built Sq. Ft- Bennett/Marine Primary Zoning— Industrial 528 Total acres 139 Vacant Acres 1,810 Existing Jobs 1,123K Existing Built Sq. Ft. 1,904 Future New Jobs 1,?O1K Future New Built Sq. Ft. Pacific Hwy/NW Corridor Primary Zoning— Industrial 658 Totalacres 80 Vacant Acres 323 Existing lobs 267K Existing Built Sq. Ft. 1.096 Future New Jobs 806K Future New Built Sq. Ft. West BakerView Corridor Primary Zoning — Commercial 254 Total acres 47 Vacant Acres 941 Existing Jobs 465K Existing Built sq. Ft. 1,842 Future New Jobs 1,037K Future New Built Sq. Ft. Totals 2,419 Total acres 377 Vacant Acres 3,558 Existing Jobs 2,048K Existing Built Sq. Ft- 5,691 Future New Jobs 3,390K Future New Built Sq. Ft. ,a7—tics fia 2CC-8 WS Emaevm¢nr L-as.?e—, ­Pr,a ,= ¢ 10ymenrwhfch,5fm .2008?p8 Omx lmou[t R¢a0rt. BEL A. L�,VCy J / SNI N G'%o PROJECT SUMMARY PRESENTED BY THE CITY OF BELLINGHAM TO THE EDI BOARD - OCTOBER 20, 2 0 1 1 WEST BAKE RVI E W OVERPASS FERN DALE G Limits Q Cr 0 U Pacific Hwy/NW a Corridor, • � a Pacific Hwy/Aldrich Q Annexation Request a ■ y sw Airport _ ■ e = ■ ■ :.Bennett /Marine Project .t, `._ ..._._:..,...<__,.w W Bakerview Corridor i 0 h w Z w 3„ Bennett/Marine 0 0.25 0.5 Miles Key Employment Centers ■ Annexation Request Areas City Limits Truck Routes Bennett/Bakerview/Airport Annexation Request L I cib ASSOCIATE® PROJECT CONSULTANTS INC-, P.S. PROFESSIONAL CONSULTING ENGINEERS • LAND USE • CONSTRUCTION AND DEVELOPMENT CONSULTANTS August 22, 2011 Mr. Steve Gorcester, Executive Director Washington State Transportation Improvement Board P.O. Box 40901 Olympia, WA 98504-0901 RE: City of Bellingham's West Bakerview Road Arterial Safety & Overpass Improvements Dear Mr. Gorcester, I am the proponent of an annexation of approximately 174 acres within the Bellingham Urban Growth Area and my clients support the City of Bellingham's West Bakerview Road Arterial Safety & Overpass Improvements project. The 2007 assessed value of the land and improvements for this annexation is $32 million dollars. This proposed improvement does appear to rank highly for TIB Board funding based on my research. In bringing forward the annexation request to the City of Bellingham and the Whatcom County Boundary Review Board, it was clear that safety, mobility and congestion would be significantly improved. The immediate need for a northbound right turn lane on Bakerview will provide improved level of service for those traveling west on Bakerview. The following items were also recognized to support economic job growth in this vicinity: • Approximately 1/3rd of projected new jobs (10,000) through 2029 will be located in the northern portion of the City of Bellingham (Whatcom County Comprehensive Plan, City of Bellingham 2008 Employment Lands Report). • 57% of the job growth will be in the City of Bellingham but only 40% of the population growth. Whatcom County has a need to transport the balance of workers for new jobs from the area outside the City limits. • The Bakerview and 1-5 intersection is important as a "job generator" to access the Bellingham International Airport. The Airport reported over 50,000 enplanements for July 2011. • Tourism is an important "job generator" with spending at $435 million dollars (2009), supporting 6,300 jobs in our community, and generating $7.2 million dollars in City and County taxes in 2009. 1401 ASTOR STREET BELLINGHAM WASHINGTON 98225 • (360) 671-1146 Fax: (360) 671-1169 E-mail office@apcengineers.com www.apcengineers.com 39 Mr. Steve Gorcester, Executive Director Washington State Transportation Improvement Board City of Bellingham's West Bakerview Road Arterial Safety & Overpass Improvements Page 212 This improvement, along with the proposed Bakerview/Bennett Annexation will support and sustain regional economic development opportunities in the City, Whatcom County, and at the rapidly growing Bellingham International Airport. Please consider funding the balance of monies needed for the West Bakerview Road improvement as described in the yearlong multi jurisdictional Value Planning Study conducted by WSDOT. Please award the requested funding for West Bakerview Road to the City of Bellingham Sincerely, Q,,.A' WA . P.E Principal NI Annexation Proponent Cc: Chris Comeau, City Public Works, Paul Garrett P:1Projects108-132 Hidden Trails-Bham- PH 1/081811 dnc letter to TIB Board.doc us] WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-073 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPR 21112012 rn' MID EDivision E 2114112 Finance/Conn JPR 21112012 Head: V FEB 0 7 2012 Dept. Head: � '� L (- 1 2— OA/01, /12 Prosecutor: W HA OM OU NTY 2-11-11Z Purchasin /Bud et: COUNCIL Executive: TITLE OF DO CTJJAf W.- Interlocal Funding Agreement between City of Bellingham, The Port of Bellingham and Whatcom County for the West Bakerview Overpass Project ATTACHMENTS. 1. Memo to County Executive and Council 2. Contract Information Sheet 3. Attorney Review 4. Interlocal Funding Agreement a. Exhibit "A"— City of Bellingham Project #12 b. Exhibit `B" — WSDOT Scoping Estimate C. City of Bellingham Project Funding 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 City of Bellingham has taken the lead role in moving forward a project to improve pedestrian safety and reduce congestion at West Bakerview Road and I-5. This project has multiple funding partners including $100,000 from Whatcom County and $500,000 from the Port of Bellingham. The attached interlocal identifies responsibilities of the three agencies, and addresses development commitments the Port is required to do by Whatcom County Planning Department. Approval of this agreement is required to secure Port and Whatcom County funding commitments for the project. COMMITTEE ACTION. COUNCIL ACTION.• Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wauslcouncil. it WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT r`>>'� Assistant Director/County Road Engineer 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 FRANK M. ABART �T" - o� Phone: (360) 715-7450 Director ,$h�NGS Fax: (360) 715-7451 R.ECEIVED MEMO TO: The Honorable Jack Louws, Whatcom County Executive, and FEB 6 - 2012 Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Directogft UNTY EXEC JACK S �` UTIVE FROM: Joseph P. Rutan, P.E., County Engineer/Assistant Direct C DATE: February 1, 2012 SUBJECT: Interlocal Funding Agreement between City of Bellingham, the Port of Bellingham and Whatcom County for the West Bakerview Overpass Project Requested Action Authorize Executive to sign the Interlocal Agreement between the City of Bellingham, the Port of Bellingham and Whatcom County. Background and Purpose: The City of Bellingham has taken the lead role in moving forward a project to improve pedestrian safety and reduce congestion at West Bakerview Road and I-5. This project has multiple funding partners including $100,000 from Whatcom County and $500,000 from the Port of Bellingham. The attached interlocal identities responsibilities of the three agencies and addresses development commitments the Port is required to do by Whatcom County Planning Department. Approval of this agreement is required to secure Port and Whatcom County funding commitments for the project. Information: This $100,000 commitment by the county to this project is listed as Item #11 "West Bakerview Road Bennett Drive to Bellingham C/L, Re-channelization and Pedestrian Improvements" on the 2012 Annual Road Construction Program and funding has been approved in the 2012 Budget Amendment Ordinance 2011-050 dated November 22, 2011. 42 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Public Works Contract Administrator: Joe Rutan Contractor's / Agency Name: I City of Bellingham and Port of Bellingham 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 # 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? Contract Yes No X If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days Contract for Commercial off the shelf items (COTS) X Interlocal Agreement (between Govt.) Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $ 100,000 and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10,000, whichever is greater, must $ also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The City of Bellingham has taken the lead role in moving forward a project to improve pedestrian safety and reduce congestion at West Bakerview Road and I-5. This project has multiple funding partners including $100,000 from Whatcom County and $500,000 from the Port of Bellingham. The attached interlocal identifies responsibilities of the three agencies, and addresses development commitments the Port is required to do by Whatcom County Planning Department. Approval of this agreement is required to secure Port and Whatcom County funding commitments for the project. Term of Contract: Expiration Date: Upon Completion of Work Contract Routing Steps & Signoff: [sign or initiall (indicate date transmitted] 1. Prepared by Joe Rutan Date 2/6/2012 [electronic] 2. Attorney reviewed 7),initJ t. Date 0� ob Q, [electronic] 3. AS Finance reviewed Am Date /ice [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff , ' gyp, Date 02 06 l i, 7. Contractor signed Date 8. Submitted to Exec Office ,/ Date 6 1 Z [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed Date 11. Contractor Original Returned to dept. Date 12. County Original to Council Date Last Revised 1/19/12 43 Whatcom County Contract No. WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Originating Department: Public Works Contact Person: Joe Rutan Contractor's Name: City of Bellingham and Port of Bellingham First Review: Approved As Is; Prepare Hardcopy for Signoff O Needs Revision; Attorney Comments for suggested changes: Second Review: Olmplemented Attorney Corrections as Indicated OApproved,- Prepare Hardcopy for Signoff OAdditional Corrections Needed, Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. v.1.0 COUNTY ORIGINAL 1 1 ac��a0a0o7 INTERLOCAL FUNDING AGREEMENT BETWEEN CITY OF BELLINGHAM, THE PORT OF BELLINGHAM AND WHATCOM COUNTY FOR THE WEST BAKERVIEW OVERPASS PROJECT (ES-462) This Interlocal Funding Agreement (the "Agreement") is made and entered into this day of February, 2012, by and between the City of Bellingham (the "City"), the Port of Bellingham (the "Port") and Whatcom County, Washington (the "County") for funding related to the West Bakerview Overpass Project (the "Project") WHEREAS, the City, the Port, and the County have an interest in promoting economic development by reducing traffic congestion and improving traffic flow through the 1-5/ Bakerview Interchange (the "Interchange"); WHEREAS, the Port owns and operates Bellingham International Airport (the "Airport") located in Whatcom County outside the City limits; . WHEREAS, the Port previously committed to certain transportation mitigation requirements as a condition of the Bellingham International Airport Planned Unit Development (PUD 2008-0001), Preliminary Binding Site Plan No 2 (BSP 2008- 0003), and the Conceptual PUD Phasing Plan (the "County Planning Documents") with the County; WHEREAS, the Port previously committed to certain traffic improvement projects in the Interlocal Agreement Settling Dispute and For Annexation and Utility Service at Bellingham International Airport (the "Airport Interlocal Agreement"); INTERLOCAL FUNDING AGREEMENT - 1 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 45 WHEREAS, the Port's funding commitment specified below, when fulfilled, will satisfy the Phase I (but not Phase II) commitment in the County Planning Documents and as further identified in Section 12 of the Airport Interlocal Agreement; WHEREAS, by a separate agreement entitled Economic Development Investment Program Interlocal Loan and Grant Agreement ("EDI Agreement"), the County, acting as the Economic Development Investment Board, has committed to provide to the City in conjunction with this agreement a grant in the amount of $300,000 and a loan in the amount of $350,000 to be used toward Project costs; and WHEREAS, the cooperative provisions of this Agreement are in the public interest; NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: I. INTERSECTION IMPROVEMENTS — OVERVIEW AND CONSTRUCTION The Project consists of the West Bakerview Arterial Safety & Overpass Improvement Project, as defined as Project #12 in the City of Bellingham 2012-2017 Transportation Improvement Program, the relevant portion of which is attached hereto as Exhibit A and incorporated herein by this reference, plus dual left -turn lanes and minor widening from Pacific Highway to Dover. Based on the funding sources identified below, the Project will be considered fully funded. Once constructed, the improvements shall be known as the "Project Improvements". II. PROJECT COSTS AND FUNDING A. The Project is estimated to cost approximately $3,200,000, including design and construction. A scoping estimate identifying estimated Project costs is attached hereto as Exhibit B and incorporated herein by this reference; provided, however, that such scoping estimate does not cover the eastern end of the Project INTERLOCAL FUNDING AGREEMENT - 2 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY .N between Dover and Pacific Highway, which includes dual left -turn lanes and minor widening. B. Anticipated Project funding sources are as follows: Washington State Transportation Improvement Board (TIB) $1,500,000 County Economic Development Investment $650,000 Bellingham Street Fund/Traffic Impact Fees (FY 2013) $250,000 Port of Bellingham —Airport Mitigation $500,000 Whatcom County-2012 Annual Construction Program $100,000 Fred Meyer Corporation —Dual left turns/minor widening $100,000 Total Contribution toward project construction $3,100,000 WSDOT (already spent for required Value Planning Study) $100,000 Total Project Design/Engineering/Construction/Funding $3,200,000 C. After bidding and prior to awarding contract, the City will provide an updated project cost breakdown. Upon completion of construction and accumulation of all final costs, the City will submit a report detailing actual expenditures. III. CITY'S RESPONSIBILITIES A. The City will prepare all engineering plans, specifications, bidding and contract documents, advertise the Project, evaluate received bids, award the Project, and administer the construction contract. The City will provide an opportunity for Port and County input during project design and will report to the Port and County when the Project is ready for bidding, bidding results, selected Contractor, progress payments and final payment. The City will issue invoices to the Port and County as specified below. The City may retain a consultant to design the Project, prepare plans and specifications and assist in construction management. The City will comply with all applicable laws, rules and regulations relating to bidding and construction of the Project. The City will require the customary insurance coverage from contractors and consultants for a project of this nature. INTERLOCAL FUNDING AGREEMENT - 3 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 47 B. The City's total funding commitment for the Project is $250,000 (in addition to the loan repayment obligation set forth in the EDI Agreement). The City anticipates that its 2013 budget will include the $250,000 committed herein for this Project for its share of the Project costs. The City has obtained commitments from other entities as outlined in Section II regarding costs and funding contributions. C. The City will act as the lead agency for the regulatory aspects of this Project. IV. OWNERSHIP AND CONTROL OF PROJECT IMPROVEMENTS A. The County will retain ownership of all Project Improvements made under this Agreement located within County -owned right-of-way until such time as the location of such improvements is annexed into the City at which time such improvements will be owned by the City. Likewise, the County will be responsible for operating and maintaining such County -owned improvements and shall bear all costs associated with performing these tasks until such time as the location of such improvements is annexed into the City at which time the City will be responsible for operating and maintaining such improvements and shall bear all costs associated with performing these tasks. B. The City of Bellingham will retain ownership of all Project Improvements made under this Agreement located within the incorporated City limits and will be responsible for operating and maintaining such City -owned Project Improvements and shall bear all costs associated with performing these tasks. C. The Washington State Department of Transportation (WSDOT) will retain ownership of all Project Improvements made under this Agreement located within the Limited Access Area and WSDOT-owned right-of-way and will be responsible for operating and maintaining such improvements and shall bear all costs associated with performing these tasks. INTERLOCAL FUNDING AGREEMENT - 4 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY MR V. THE PORT'S RESPONSIBILITIES A. The Port's total funding commitment for the Project is $500,000. Two payments will be scheduled to occur, one payment in 2012 and one payment anticipated in 2013. B. The first payment shall be due after execution of this Agreement. To satisfy the first payment obligation, the Port shall remit $250,000 to the City within 30 days of receipt by -the Port of the City's invoice referencing this Agreement. The first payment will be made in 2012 and represents the Port's contribution toward design and other Project costs. C. The second payment shall be due on or after January 1, 2013 and after award of the construction contract for the Project. To satisfy the second payment obligation, the Port shall remit $250,000 to the City within 30 days of receipt by the Port of the City's invoice referencing the construction contract award for the Project and shall be used toward completion of the Project. It is anticipated that the second payment will be made in 2013. This payment may be delayed if the Project is changed in accordance with paragraph IX.B below; however, the Port shall remain obligated to make the second $250,000 payment to a traffic irnprovement project for the West Bakerview interchange. D. The Port shall assist the City in identifying and providing a construction staging area on Port -owned property in order to facilitate the Project, if feasible. The site, if available, shall be provided at no cost to the City; however, the City will be responsible for and hold the Port harmless from any damage to the site or injuries occurring on the site arising from the City's use of the site. VI. THE COUNTY'S RESPONSIBILITIES A. Upon execution of this Agreement, the County shall consider Phase I (but not Phase II) of the transportation mitigation requirements in the County Planning Documents as satisfied for the purposes of issuing Airport terminal building permits, Certificate of Transportation Capacity and other development permits consistent with INTERLOCAL FUNDING AGREEMENT - 5 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY . • Phase 1 of the Preliminary Binding Site Plan. However, the County shall not be obligated to issue a certificate of occupancy for permits issued herein unless the Port has complied with the terms of this Agreement. B. In addition to the grant and loan commitment set forth in the EDI Agreement, the County hereby commits $100,000 in County road funds to be paid to the City in 2012 to be used toward Project costs. This represents the total funding commitment of the County apart from the EDI Agreement. The County's payment under this Agreement shall be due after execution of this Agreement. To satisfy the County's.payment obligation herein, the County shall remit payment(s) to the City in amount(s) totaling $100,000 within 30 days of receipt by the County of the City's invoice that confirms -the performance of work and/or incurrence of other allowable expenses on the Project at a cost commensurate with the payment requested, and not otherwise specifically reimbursed. C. The County agrees to delegate lead agency authority to the City for the regulatory aspects of this specific road improvement Project. The City agrees to obtain any permit for this specific Project to the extent the County would be required to obtain such permit if the County were doing the work. To the extent the County would be exempt or otherwise not required (under the Whatcom County Code) to obtain a specific permit for this specific Project, the City, acting as lead agency, shall also be exempt from such requirement. VII. TERM OF AGREEMENT This Agreement shall be effective on the date of the signature of the last party to sign and following execution of the EDI Agreement, and shall remain in full force and effect until the Project is completed. Vill. DISPUTE RESOLUTION A. The parties mutually covenant to work cooperatively to timely resolve any dispute that may arise between the parties concerning this Agreement. The INTERLOCAL FUNDING AGREEMENT - 6 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 50 Project Coordinators referenced below shall meet and attempt to resolve any dispute. If the dispute is not resolved at the Project Manager level, the City Mayor, the Port Executive Director and the County Executive shall meet and attempt to resolve any dispute. B. Arbitration. However, if the parties cannot mutually settle a dispute, the dispute or claim shall be submitted to binding arbitration. The parties agree that the arbitration shall be governed by the rules and procedures outlined in RCW 7.04A et seq. and the Superior Court Mandatory Arbitration Rules, and that the parties will jointly stipulate to an arbitrator. C. Governing Law and Venue. The parties agree that any dispute shall be governed by the laws of the State of Washington and if suit in regard to this agreement is initiated by any of the parties hereto, it shall be brought in the Superior Court of the State of Washington for Skagit County. IX. MODIFICATION OF AGREEMENT A. Modification. Any changes, additions or other modifications to this Agreement shall not be valid or binding upon any party hereto unless such changes, additions or other modifications are in writing and executed by authorized representatives of the parties hereto. B. Insufficient Funds. As set forth above, several entities are contributing to the cost of the Project. All entities meeting their financial commitments is a necessary condition to the Project's completion. If one of the entities withdraws its funding, the project scope may need to be scaled back; provided, however, that in such event the project scope shall be altered only by agreement of the parties that have met their funding commitment, and such parties shall negotiate in good faith to determine such project scope. For example, the portion of the Project between Pacific Highway and Dover is contingent on the contribution from Fred Meyer. In the event it becomes likely, as reasonably determined by the City, that actual Project costs will exceed the funding commitments identified in Section II above, -the City, the INTERLOCAL FUNDING AGREEMENT - 7 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 51 Port, and the County shall meet and discuss project changes and/or additional funding to bring Project costs within available funds. Following such discussions, the City, in its reasonable discretion, may reduce the project scope to bring the Project costs within available funds. No party hereto may be compelled to increase its obligation beyond that stated herein without its written agreement. However, in any event, the Port shall remain obligated to contribute a total of at least $500,000 ($250,000 in 2012 and $250,000 in 2013 or later in the case of delay) towards traffic improvements at the West Bakerview interchange. X. PROJECT COORDINATION A. The project coordinator for the City is Rory Routhe, Assistant Director of Public Works and City Engineer. B. The. project coordinator for the Port is C. The project coordinator for the County is Joc 1Ku-rl*�J, As-Ag-r 17,Rc`ruK Of-- t�J3u 1L1�1o2itS 15v-JD 6zXJ i )/ XI. LEGAL RELATIONS AND INSURANCE A. To the extent permitted by law, and except as otherwise provided in this Agreement, the City shall defend, indemnify and hold the Port and the County, and their respective elected officials, officers, employees and agents harmless from any and all damage to the Port or County's real or personal property, and also from all claims, demands, causes of action, or suits of any kind, including suits in equity, that may arise directly or indirectly out of, are incident to, or are due to any actual or alleged negligence, intentional act or breach of duty by the City, its agents, representatives or contractors in performing work and services under this Agreement in proportion to the extent of the negligence of the City, its agents, representatives or contractors in performing work and services under this Agreement. B. To the extent permitted by law, and except as otherwise provided in this Agreement, the Port shall defend, indemnify and hold the City and the County, and their respective elected officials, its officers, employees and agents harmless from INTERLOCAL FUNDING AGREEMENT - 8 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 52 any and all damage to the City or County's real or personal property, and also from all claims, demands, causes of action, or suits of any kind, including suits in equity, that may arise directly or indirectly out of, are incident to, or are due to any actual or alleged negligence, intentional act or breach of duty by the Port, its agents, representatives or contractors in performing work and services under this Agreement in proportion to the extent of the negligence of the Port, its agents, representatives or contractors in performing work and services under this Agreement. C. To the extent permitted by law, and except as otherwise provided in this Agreement, the County shall defend, indemnify and hold the City and the Port, and their respective elected officials, officers, employees and agents harmless from any and all damage to the City or Port's real or personal property, and also from all claims, demands, causes of action, or suits of any kind, including suits in equity, that may arise directly or indirectly out of, are incident to, or are due to any actual or alleged negligence, intentional act or breach of duty by the County, its agents, representatives or contractors in performing work and services under this Agreement in proportion to the extent of the negligence of the County, its agents, representatives or contractors in performing work and services under this Agreement. XII. MISCELLANEOUS PROVISIONS A. Entire Agreement. Except for the EDI Agreement between the City and -the County, this document and the exhibits attached hereto constitute the complete and exclusive Agreement between the parties with respect to these specific funding contributions. It supersedes all previous understandings and agreements, written and oral, with respect to these specific funding contributions. This Agreement may be amended only by written instrument executed by the parties subsequent to the date hereof. B. Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for whatever reason, that shall not affect or impair, in any manner, the validity, legality or enforceability of the remainder of this agreement. INTERLOCAL FUNDING AGREEMENT - 9 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 53 C. Status of Employees. Neither the Port, the City, nor the County shall assume any liability for the direct payment of any salary, wages, or other compensation to any of the other party's personnel performing services hereunder or for any other liability not expressly assumed herein. No agent, employee or other representative of the parties shall be deemed an employee of the other party for any reason. D. Status of Agreement. This Agreement is in addition to, and is not intended to replace, substitute, modify or otherwise amend any other agreement between the parties to this Agreement. Those other agreements continue in effect according to the terms of those agreements. E. Rights and Remedies. The rights and remedies provided in this Agreement are in addition to any other rights and remedies that may be provided by law. F. Counterparts. This Agreement may be executed in separate counterpart originals, each of which shall be deemed to be part of one and the same agreement. A party's transmission by facsimile to the other party or their counsel of a copy of the signature page hereto, bearing that party's signature, shall constitute an acceptance of this Agreement and shalll have the same force and effect as if the party had delivered a signed original to the other party. G. No Third Party Beneficiaries. This Agreement shall not be interpreted or construed to confer any right or benefit on any third party. INTERLOCAL FUNDING AGREEMENT - 10 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY 54 EXECUTED this day of 2012, for the CITY OF BELLINGHAM: Kelli 1_inville, Mayor Attest: Finance Director Approved as to form: Departmental Approval: Office of the City Attorney EXECUTED for the PORT OF BELLINGHAM, this day of , 2012. EXECUTED for WHATCOM COUNTY, this Depart e I p ov A, nk Abart, Public/Works Director INTERLOCAL FUNDING AGREEMENT - 11 CITY OF BELLINGHAM - PORT OF BELLINGHAM & WHATCOM COUNTY Charlie Sheldon, Executive Director day of , 2012. Jack Louws, County Executive Approved as to Form: L�4 2 �. �. /--� � Daniel L. Gibson, Assistant Chief Civil Deputy Prosecuting Attorney For Whatcom County 55 F011 s I t i Project #12: West Baku Arterial Safety & Overpass Tlevv.:Koaa PROJECT NARRATIVE: Construct a new westbound through lane from Pacific Highway to the Interstate 5 Overpass, construct a new dedicated right -turn lane from the Interstate 5 Overpass to the northbound on -ramp at Maplewood, re-channelize the travel lanes to accommodate two lanes of travel in each direction with turn -lanes at on/off-ramps and intersections, and add a new left -turn lane at the Fred Meyer western driveway to accommodate dual left -turns onto Bakerview. The improvements listed above would require funding from multiple. jurisdictions, as well as contributions from private developers and property owners petitioning the City for annexation. The improvements will improve safety, reduce significant existing westbound traffic congestion that backs up across the Interstate 5 Overpass each day and will benefit regional transportation circulation in northwestern Bellingham. MULTIMODAL TRANSPORTATION BENEFITS: Pedestrian sidewalk across Interstate 5, reduced vehicle congestion, maintain on -time transit service. PROJECT STATUS: Unfunded, public -private partnerships being pursued. 0. PROJECT DESCRIPTION West Bakerview Corridor Interchange Capacity and 12 Intersection Safety Improve men (inctic Hwy to Benneft Drive) 'Airport Master Plan Mitigation for Phases 9 & 2 2,200 3,2001 56 ,r(H1B[T 9 Scop* Estimate SW 5 7WW.1-51 Bd=view Low Cad IMerehmgs hWovemeift WIN. A00591K PIN. 100591K MP• 257.33 to MP: 25830 pnpw"13y-1 Date: CieekedBr _3ear3ickTmlloi Am 7 W8d*l9& t1 State Depwbrmt of Trmspwtadon F lrtift6 &a"•i: PgpetiHOn ' 002S rue9 and Gn e8 SB 5D0.00 AC 1.00 SOW 0050 fisflfovaiaSYudwYAfedObs9uebon 4150MW LS 1.00 $15000 0170 Beam Guaadrail " LF 1,173 SSAS 0162 Hertwve Gu&RVM Andmr S30QOO FA 4.00 SUM 011W M"Lino. S&M LF Vim $6.556 0188 Tomporsry Pareneenl Marlene➢ 50.25 LF GAS 31.721 0190 PiadICLinr $1.00 LF 4Aa SC442 02W PlaadeTraftuarkft S54.00 EA SA S432 Grad w 0310 EnCe485M NICE Hod S7.00 CY MR S6el 0431 8anowlndHsul $10A0 Ton 3.602A Sams 0470 Cantpoc80n $3.00 CY I 2AW $6.157 BfaMe9a eaca PwWNabAindMom9eNacres' S250,001L00 LS 1A0 $250.000 Stang Sarver Sudadn9 51W &ffb kw8aa cww Moo T 372.8 $11,183 5120 Surlecbe9 Top Crease $2200 T 222.7 S4699 Streacteefes Lkp*d AspAaR 5334 AddiOw $1.00 EST 2AM $1.300 Hot 61Bc Aspbait 5711 Bkun* afa Paevsseafd $5A0 SY 1.356.7 $0.783 5767 CL 1l2 64 PG S4 22 $d3A0 T 2 2fIQ4 MGM 6630 Mlx Aek Dot 3% S5.480 SOM Bias Adudmwd CL B Colc Dot 2VA SUN f1514 .tdm a" S5A0 LF 1.600 S6AOD Emden ConkW S, Plaa0rt9 6M19 Lord $13MW OY 60A0 37ADO $414 S"dkQ6F*rL.SWUuwft S1,5d0AO AC IM S7.5o0 6470 eked Cwnft $IN" W 30.00 SUM 6471 k6t ProNcfiaf 510.00 FA 1 6.0 S540 6490 Ero"V WAW Poft O ooatro{ SIODA 0AO Est 1 $IO400D 6373 Siffowo SSOD LF 260 $1.250 SOM VhbW Fence 4100 LF 500 $IADO Traffic 670D Cemed Conn Traffic Curb And Guftf S14.00 LF 1AM.0 $23.600 6751 Beam Goafdrefl Tppe $24.00 LF 1 AMD $36.ODD 6774 GuardeaH A WWT SMOG EA GAD 54ADD 6806 Paint Llne $0.30 LF 3,500 $7.050 6815 WAO Line $3.00 LF 1.d00 $5.400 6828 VM@ Laoo Line S3A0 LF 1.750 SS.M SM TniftAeow - $60.00 EA 6 $460 t1657 PfssOcCMMWPWLIM S6A0 SF am $4.= 6659 PkdlcSlop Lino S125O LF MOD $4.600 Sal PlsaOetkainaQoMarkbe9 S,OAO EA S $160 68d8 TewowyPavmnadMwkggf WM I LF 1 12.OW 56A00 PdoW S/17nOl l 130 PM Page 1 of 57 Sconino Estimate WTAM Waddngton State ODepwbned of Tmnspwbdlm EdlMde 7 am Pm mm*sowq $3D.O00A0 L3 i $30AW W" PAnkow symyn ( —21) $45ADDM Ls 1.00 MAN 0912 Traft S4W SPWI, BOMMOW (OM) U70AMOD Ls 1.00 $27AOW MM SequeoW Anow SW MOD Hr em 33.000 6993 am';;;; Message Sign $6M HR 1.200 $6000 0973 TM"aftcuArd Sim Ls 23 323.000 em iAnd Spoftm smw HR 1=00 47zslo 6974 C"" supervisor $45.00 Ls 600.00 Won 6982 Consbacom SiwftGras A R&GO SF 2W3 $4.9W. amrT"ftc4*dLAbw SOM HR IX0.0 354.ODD 7447 hAUft-ow(s) 35.400.OD EA ZOD $10m0 7449 OpofakooFTfwwpoMiblvAuemmW*) O#wr U&OD m 120.0. 37.200 7055 CUMM Com;%OmafX Moo Sy 1,69D.0 s5kow 7058 ComeM Core. SkW**k Ramp Type $IJM&W EA 7.00 $7.105 7400 RoadMoCkorwp SI.GMOD LS I MAN I 1 7739 ISPCCPbn $IAWAG Ls 1.00 5I.500 1 CWnzlnmcftn SubkAaL $1.405.916 hNscoom"Mm 23% 535I.4914 CWnstnxWn SuWlaf: $1,757A59 mobflizam ICA $I76.747 Subkftf. Saba Tax 9.5% 5164= sMout $2"7.50 ConsOudim Engirr ng 19% $377.667 wW con*oerodm 4% $83A2 RW: Eawmw)b Est SO A&ion so ps" 0 $0 comwn"300" 4rA $D F44=6w Est $0 mor"Mngsow Mapping 6t so **0 �- 0."1 ollboiri�' R*d Anumptloms: 0 PE trine kd at 25% do* to inter-sgency cwrdinstim City to kad design sid constradhap evkw, approval aid kmmcdoll bir WSDOT Fs needed for worik In HmIted semi, GK H. Printed 811712011 130PM Faso 2or2 tgpw BELLINGHAM - West Bakerview Road = PROJECT FUNDING TIB Fund Distribution Are TIB funds distributed evenly through the project phases? YES Enter Requested Total TIB Funds $ 1,500,000 Enter the Total Project Costs to the nearest dollar in cells F45 to F50 Maximum TIB Ratio Total Cost TIB Funds Local Funds Special studies Design Engineering 640,000 300,000 Right of Way Construction Engineering 380,000 185,000 Construction other 80,000 35,000 Construction Contract 2.100.000 980.000 Noneligible Engineering Engineering exceeding 25% of construction costs is not eliglile.for TIB reimbu mement Other Noneligible Casts (Le. landscaping greater than 3% of total cost utility undergroundmg, sound walls; TOTAL ELIGIBLE COST 1113 Matching Ratio Total TIB Fundsfrotal EWble Cost FUNDING PARTNERS Source Public or Private ComLm�t Letter Amount BELLINGHAM Public 650,000 Bellingham Transportation Impact Fees Private YES 250,000 Port of Bellingham Public YES 500,000 WSDOT Public YES 100,001) Fred Meyer Corporation Private YES 100,000 Whatcom County Public YES 100,000 Local funds are correct CERTIFICATION Certification is hereby given that the information provided is accurate and the applicable attachments are complete and included as part of the applicati ekege August 26, 2011 Agency official Signature Date Signed Ted Carlson, Public Works Director Printed or Typed Name & Title Urban FvWkv Appk--ion Revised > hum 2011 Page 2 of 10 59 WT-TATrf)711f rf)TTATTV rf)TTAT TT ACPATnA RTT.T. Nn 2012-074 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: //Z-07L 2/14/12 Finance/Counc Originator. Ra E C E O V E D Division Head: A// /ZO/ Z. Dept. Head: FEB 0 7 2012 oa%Q7a�2 Prosecutor: WHACOUNCOUNTY Purchasing/Budget: i✓ IL Executive: TITLE OF DOCUME Contract Award — Drayton Harbor Road Beach Erosion Repair (Bid No. 12-07) ATTACHMENTS. 1. Cover Memo 2. Approval to Award Construction Contract endorsed by Executive 3. Bid Tabulation 4. Low Bid Proposal SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you 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 authorization for the County Executive to enter into a contract for the Drayton Harbor Road Beach Erosion Repair with Vic Unick Construction, Inc., as low bidder in the amount of $35,477.90. 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 JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT°M:.��°o Assistant Director/County Engineer e: "� 322 N. Commercial St., Suite 301 FRANK M. ABART r Bellingham, WA 98225-4042 Director Phone: (360) 715-7450 'ByING( Fax: (360) 715-7451 MEMORANDUM To: The Honorable Jack Louws, Whatcom County Executive The Honorable Members of the Whatcom County Council E E D Through: Frank M. Abart, Director,0 "/3%a'b/1?1 From: Joseph P. Rutan, P.E., Assistant Director/Cou neer FEB 3 - 2012 Chris C. Brueske, P.E., Engineering Manage Date: February 1, 2012 JACK LOUWS COUNTY EXECUTIVE Re: Drayton Harbor Road Beach Erosion Repair (Bid No. 12-07) Construction Contract Award Attached for your review and signature is the contract award package for the Drayton Harbor Road Beach Erosion Repair project. Said package consists of an agenda bill, approval of contract award form endorsed by the Executive, tabulation of all bids, and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Vic Unick Construction, Inc., in the amount of $35,477.90 including all taxes. Background and Purpose The Drayton Harbor Road repair conducted in 2007 — 2008 included "soft shore," or ecologically friendly, beach protection elements which periodically require maintenance. This project provides for placement of erosion repair cobbles and geotextile fabric along the toe of the road embankment to mitigate wind- and wave -induced erosion. Bid proposals for the project were opened at 2:30 p.m. on Tuesday, January 31, 2012. Eleven (11) responsible bids were received, with Vic Unick Construction, Inc. being the lowest responsible bidder. Funding Amount and Source This project is a maintenance repair funded with local funds coming from the Road Fund. Please contact Chris Brueske at extension 50617 if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.230, I concur with this recommendation: 7-3 - /�- Chris Mohnkem, Purchasing Coordinator Date 61 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director 4G�M_ c0 3 e Drayton Harbor Road Beach Erosion Repair Bid No.12-07 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Drayton Harbor Road Beach Erosion Repair To: Vic Unick Construction, Inc. In the amount of their bid proposal $35,477.90 including all taxes. Whatcom County Executive Approving Authority Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor Date aalo,;,-Il �2- Date JOSEPH P. RUTAN, P.E. Assistant Director/County Engineer 322 N. Commercial St., Suite 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 62 )| �|\ . /k |) !| � | ■;i ! ! 3} §] � f 6 1 t0 (4 2 3 4 5 6 7 8 9 10 11 12 13 14 BID PROPOSAL FOR DRAYTON HARBOR ROAD BEACH EROSION REPAIR Date June 31, 2012 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: 15 This certifies that the Undersigned: has examined the location of the project site and the 16 conditions of work; and has carefully read and thoroughly understands the contract 17 documents entitled: "Drayton Harbor Road Beach Erosion Repair" Whatcom 18 County, Washington, including the "Bid Procedures and Conditions," "Specifications and 19 Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the 20 work embraced in this project, and the method by which payment will be made for said 21 work. The Undersigned hereby proposes to undertake and complete the work 22 embraced in this project in accordance with said contract documents, and agrees to 23 accept as payment for said work, the schedule of lump sum and unit prices as set forth 24 in the "Bid" below. 25 The Undersigned acknowledges that payment will be based on the actual work 26 performed and material used as measured or provided for in accordance with the said 27 contract documents, and that no additional compensation will be allowed for any taxes 28 not included in each lump sum or unit price, and that the basis for payment will be the 29 actual work performed and measured or provided for in accordance with the said 30 contract documents. 31 32 33 34 The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). DRAYTON HARBOR ROAD BEACH EROSION REPAIR 10 •A DRAYTON HARBOR ROAD BEACH EROSION REPAIR Bidder: Bid Proposal Form 1 LUMP MOBILIZATION L.S. L.S. r`Tj SUM 2 LUMP SPILL PREVENTION, CONTROL, AND L.S. L.S. ' SUM COUNTERMEASURES PLAN 3 LUMP PROJECT TEMPORARY TRAFFIC CONTROL L.S. L.S. SUM (Vehicles, Signs, Devices, & Labor 4 HOUR FLAGGERS AND SPOTTERS, 80 33 MIN. BID $33.93 PER HOUR per HOUR 3 5 SQUARE NONWOVEN GEOTEXTILE 300 YARD perSY 6 TON 4" - 8" STREAMBED COBBLES 450 J per TON ' 7 EACH GALVANIZED STAPLES 525 per EACH 8 FORCE UNANTICIPATED SITE WORK F.A. F.A. $10,000.00 ACCOUNT TOTAL (Bid Items 1-8) 11 65 NON -COLLUSION DECLARATION 2 3 DRAYTON HARBOR ROAD 4 BEACH EROSION REPAIR 5 6 I, by signing the proposal, hereby declare, under penalty of perjury under the 7 laws of the United States that the following statements are true and correct: 8 9 1. That the undersigned person(s), firm, association or corporation has (have) not, either 10 directly or indirectly, entered into any agreement, participated in any collusion, or 11 otherwise taken any action in restraint of free competitive bidding in connection with the 12 project for which this proposal is submitted. 13 2. That by signing the signature page of this proposal, I am deemed to have signed and have 14 agreed to the provisions of this declaration. 15 NOTICE TO ALL BIDDERS 16 To report bid rigging activities call: 17 1-800-424-9071 18 The U.S_ Department of Transportation (USDOT) operates the above toll free "hotline" 19 Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge 20 of possible bid rigging, bidder collusion, or other fraudulent activities should use the 21 "hotline" to report such activities. 22 The "hotline" is part of USDOT's continuing effort to identify and investigate highway 23 construction contract fraud and abuse, and is operated under the direction of the 24 USDOT Inspector General. All information will be treated confidentially and caller 25 anonymity will be respected. 26 DRAYTON HARBOR ROAD BEACH EROSION REPAIR 12 •• 1 BIDDER IDENTIFICATION 2 The name of the Bidder submitting this proposal, the address and phone number to 3 which all communications concerned with this proposal shall be made, and the number 4 which has been assigned indicating the Bidder is licensed to do business in the State of 5 Washington are as follows: 6 /J 7 Firm Name: 8 9 Address: i fit, `'"` `y 10 11 12 _ 13 Telephone: 14 15 Contractor's WA Registration Number: 1//IV P 16 17 Contractor's WA UBI Number 6y / % 1) f % 18 _ 19 Contractor's WA Employment Security Department Number: 20 21 Contractor's WA Excise Tax Registration Number: �� 22 23 The Firm submitting this proposal is a: Sole Proprietorship A Partnership 25 t.-' Corporation 26 - The names and titles of the principal officers of the corporation submitting this proposal, 27 or of the partnership, or of all persons interested in this proposal as principals are as 28 follows: ` 29 30 31 32 33 34 NOTE: Signatures of this proposal must be identified above. Failure to identify the 35 Signatories will be cause for considering the proposal irregular and for 36 subsequent rejection of the bid. 37 DRAYTON HARBOR ROAD BEACH EROSION REPAIR 13 67 1 BID PROPOSAL SIGNATURE AND ADDENDUM 2 ACKNOWLEDGMENT 3 The bidder is hereby advised that by signature of this proposal he/she is deemed to 4 have acknowledged all requirements and signed all certificates contained herein. The 5 undersigned hereby agrees to pay labor not less than the prevailing rates of wages or 6 less than the hourly minimum rate of wages as specified in the Specifications and 7 Conditions for this project. 8 CASH ❑ IN THE AMOUNT OF 9 CASH ❑ 10 DOLLARS 11 CERTIFIED CHECK ❑ ($ ) PAYABLE TO WHATCOM 12 COUNTY 13 PROPOSAL BOND] IN THE AMOUNT OF 5% OF THE BID. 14 Receipt is hereby acknowledged by addendum(s) No.(s)�� 8 15 U. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 SIGNATURE OF AUTHORIZED OFFIC L(S) (PROPOSAL MUST BE SIGNED) awl (Seal) FIRM NAME: Ag �fC�Ta��ii� �vf. STATE OF WASHINGTON ss. COUNTY OF 41,E,47&J ) On this 3131 day of .1,4A1U 4A91 .20,�� before me personally appeared zle "'o to me personally known to be the person described in and who executed the above instrument and who k owledged to me the act of signing thereof NOTARY PUBVC, in and for the in State of Washington, g residing at: My Commission Expires: y 34 �26� This proposal form is nat,.,e and any alteration of the firm's name entered hereon without prior permissiWli from Whatcom County will be cause for considering the proposal irregular and for subsequent rejection of the bid. DRAYTON HARBOR ROAD BEACH EROSION REPAIR 14 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-075 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP 01131112 U LL E C E� V E D FEB 0 7 2012 2/14/12 Finance/Council Division Head: Dept. Head: Prosecutor: W H ATC O M COUNTY Purchasing/Budget: 213 I Z COUNCIL Executive: Z/b/ TITLE OF DO U ENT: Interlocal Agreement Between Whatcom County Housing Authority and Whatcom County Sheriffs Office. ATTACHMENTS: SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This agreement provides funding for the records clerk (1 FTE) in the Sheriff's Office to assist in collecting, organizing, and preparing data and reports relevant to Housing Authority properties and tenants. This information supplements the Crime Bulletin and monthly reports published by our Crime Analysis Unit. Currently, the Housing Authority receives reports and information concerning public safety matters, calls for service and incidents associated with crime problems occurring at their properties. This information also allows the Sheriff's Office to deal more effectively and rapidly with emerging problems associated with these rental properties. By funding a support position, we greatly improve the crime analysis product we generate for other agencies and alleviate some of the backlog with our reports to make the information readily available. 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. We WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS RECEIVED TO: Jack Louws, County Executive FROM: Bill Elfo, Sheriff JACK LOUWS COUNTY EXECUTIVE DATE: January 31, 2012 SUBJECT: Interlocal Agreement between Whatcom County Housing Authority and Whatcom County Sheriff's Office Enclosed are two (2) original agreements between Whatcom County Housing Authority and Whatcom County Sheriff's Office. Background and Purpose This agreement funds a records clerk (1 FTE) in the Sheriff's Office to assist in collecting, organizing, and preparing data and reports relevant to the Housing Authority properties and tenants as well as providing support for the crime analysis unit. Funding Amount and Source $54,820 from the Whatcom County Housing Authority Differences from Previous Contract N/A Please contact Undersheriff Parks at 50418 if you have any questions or concerns regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in �@Jic Safety. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No.a 0 (a Oa 00 j Ori inatin Department: Sheriff's Office Contract Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: I Whatcom County Housing Authority 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 # 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? Contract Yes No _X_ If yes, RFP and Bid number(s) Cost Center: _2968 Is this contract excluded from E-Verify? No Yes X_ If no, include Attachment D Contractor Declaration If yes, indicate qualified exclusion(s) below: _X_ Contract less than $100,000. _ Professional services agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $ 54,820.00 and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10,000, whichever is greater, must $ also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $ 54,820.00 memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] To fund a records clerk (1 FTE) in the Sheriff's Office to assist in collecting, organizing, and preparing data and reports relevant to Housing Authority properties and tenants. Term of Contract: March 1, 2012 Expiration Date: February 29, 2013 Contract Routing Steps & SiQnoff: [sign or initial] [indicate date transmitted] 1. Prepared by DMP Date01/31/12_ [electronic] 2. Attorney reviewed Date [electronic] 3. AS Finance reviewed f JkW,?2 Date Z.151 1 z [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed i Date 1 47 /1 8. Submitted to Exec Office ,/ Date /a [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed Date 11. Contractor Original Returned to dept. Date 12. County Original to Council Date Last Revised 1/19/12 71 �_ aolaoaoas �� INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY HOUSING AUTHORITY AND WHATCOM COUNTY SHERIFF'S OFFICE This Agreement is entered into by and between the Whatcom County Housing Authority (208 Unity Street, Whatcom County, WA 98225), hereinafter referred to as "WCHA" and the Whatcom County Sheriff s Office (Sheriff's Office) ( Whatcom County, 311 Grand Avenue Bellingham, WA 98225-4038), hereinafter referred to as the "Whatcom County Sheriffs Office". Attached to this document and incorporated herein by this reference are the Scope of Work (Exhibit A) and the Program Budget (Exhibit B). This Agreement is entered into pursuant to RCW 39.34 and sets forth the terms and conditions mutually benefiting each party hereto. PROJECT PERIOD: The project period is Marchl, 2012, to February 28, 2013. PURPOSE: The purpose of this Agreement is to provide certain services which will either directly or indirectly benefit the residents of the Whatcom County Housing Authority's Public Housing Program, and which services are set forth in Exhibit A. COMPLIANCE WITH LAWS AND REGULATIONS: The Whatcom County Sheriff s Office agrees to comply with all local, state, and federal laws and regulations governing its operation and the provision of services. CONSIDERATION: WCHA agrees to pay the Whatcom County up to $ 54,820 in twelve payments of $4,568 over the duration of the project period for services authorized under this agreement. Exhibit B is the budget for the project period. Reports/invoices shall be due at WCHA in a format established by WCHA no later than the 151h of each month following the month of service (with a 10-day grace period). Every reasonable effort shall be made by WCHA to pay uncontested invoices within 45 days. COMMUNICATION AND COORDINATION: During the course of this project, WCHA and the Whatcom County Sheriff s Office agrees to communicate to discuss the operations of the project and shall coordinate efforts and work together to make this endeavor successful. INSURANCE: Each party is self -insured and will provide insurance to this effect upon request. The parties to this agreement shall only be liable to third parties for their own negligent acts or omissions, and neither party shall be liable for the negligent acts or omissions of PAGE i of 1- 72 the other party. Neither party assumes any responsibility to the other party for the consequences of any act or omission of any person, firm, or corporation not a party to this agreement. NONDISCRIMINATION: In the performance of this agreement, the Whatcom County Sheriff's Office shall not discriminate on the grounds of race, color, creed, national origin, religion, sex, age, marital status, handicaps, or Veterans status, nor exclude from participation in, deny the benefits of, deny employment in, or otherwise subject to discrimination anyone under this program. RECORDS MAINTENANCE: The Whatcom County Sheriff's Office shall maintain books, records, documents, and other evidence which sufficiently and properly reflect services described herein. The Whatcom County Sheriff's Office shall retain all books, records, documents, and other material relevant to this agreement during the period of this agreement and for three years after the expiration of this agreement. The Office of the State Auditor, federal auditors, and any persons duly authorized by the parties, shall have reasonable and complete access and the right to examine any of these materials during this period. The Whatcom County Sheriff's Office shall provided reporting information to the WCHA consistent with HUD requirements for monthly and annual reports. Monthly reports are due to WCHA no later than the 15th day of each month for the prior month. Annual reporting information is due to the WCHA no later than February 1 Oth of each year. SUBCONTRACTING AND ASSIGNMENT: Subcontracting: None of the project activities shall be subcontracted by the Whatcom County Sheriff's Office without prior written consent of the WCHA. Assignment: The Whatcom Sheriff's Office shall not assign this agreement or any portion of it to another provider agency without the express written consent of the WCHA. CONFIDENTIALITY: The use or disclosure by any part of any information concerning a client for any purpose not directly connected with the administration of responsibilities with respect to services provided. under this agreement is prohibited except by written consent of the client, his/her attorney or his/her responsible parent or guardian, or by court order. PERSONNEL: The Whatcom Sheriff's Office shall provide or secure all personnel required to undertake and complete the project. All personnel engaged in the work shall be fully qualified and shall be authorized under federal, state, and local law to perform such activities. The Whatcom Sheriff's Office shall be solely and entirely responsible for its acts and the acts PAgE of 1, 73 of its employees, agents, servants, and subcontractors or otherwise during the performance of this agreement. AGREEMENT ALTERATIONS AND AMENDMENTS: The WCHA and the Whatcom County Sheriff may mutually amend this agreement. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind the WCHA and the Whatcom County Sheriff. SAVINGS: In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way, after the effective date of this contract and prior to normal completion, either party may terminate the contract under the "Termination" clause, with five (5) days notice, subject to renegotiation under new funding limitations and conditions. WAIVER OF DEFAULT: Waiver of any default shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of the agreement shall not be deemed to be a waiver of any other subsequent breach and shall not be construed to be a modification of the terms of the agreement. TERMINATION FOR DEFAULT: Except as otherwise provided in this agreement, failure of either party to perform any of the contract provisions may result in termination for default, with written notice terminating this agreement in whole or in part. TERMINATION FOR CONVENIENCE: Except as otherwise provided in this agreement, either party may terminate this agreement upon sixty (60) days written notification. If this agreement is so terminated, the terminating party shall be liable only for performance in accordance with the terms of this agreement for performance rendered prior to the effective date of termination. ORDER OF PRECEDENCE: In the event of conflict, the controlling documents shall be in the following order: applicable state and federal regulations and guidelines; the annual project budget (Exhibit B); the Scope of Work (Exhibit A); and other clauses in this general Agreement. DISPUTES: Except as otherwise provided for in this agreement, when a genuine dispute arises between WCHA and the Whatcom County Sheriff, and cannot be resolved by negotiation between the Housing Authority Chief Operating Officer and the Whatcom County Sheriff, or between the Executive Director of the WCHA and the Whatcom County Sheriff, then mediation will be conducted by a mutually agreeable third parry. PACE. 3 bF (. 74 ALL WRITINGS CONTAINED HEREIN (EXTENT OF AGREEMENT): This agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands: WHATCOM COLTNTY HOUSING AUTHORITY Sue PAGE S l D ' A. Bergm Chief Operating Officer/Contracting Officer Whatcom County Attest: Attest: PANG y of t- 75 WHATCOM COUNTY: Recommended for Approval: Sh Dat Approved as to form: Prosecuting ttor Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared,Tack Louws, 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 PAG c s aF L 76 EXHIBIT A SCOPE OF WORK (Revised January 30, 2012) The Whatcom County Sheriffs Office (WCSO) shall provide 1.0 FTE Records Specialist to serve as a Crime Analysis Support Employee (CASE); who will work in the crime analysis unit. The Crime Analysis Support Employee (CASE) will coordinate information, intelligence and support necessary targeted activities, with patrol, detectives, neighborhood deputies, drug task force and the uniformed criminal interdiction team. The information, intelligence and support work will be focused on Whatcom County Housing Authority (WCHA) owned and /or managed complexes, as well as residents in surrounding neighborhoods, referred to as targeted neighborhoods. The CASE position will coordinate crime reports, intelligence information and complaints related to and involving WCHA properties, targeted neighborhoods and individuals. The CASE position will coordinate requests for setting up block watch meetings in targeted neighborhoods. The information and activity coordination will result in: ❑ Increased WCSO presence in areas where criminal activity warrants ❑ Identification of drug dealers and their places of residence within targeted neighborhoods ❑ Evaluation and assessment of crime prevention and enforcement components of the program and provide annual reporting ❑ A detailed listing provided to the WCHA on a monthly basis of all calls to WCHA property, including the names and addresses of the residents involved and the nature, of the incident that precipitated the call. ❑ A monthly summary report will be provided to the WCHA of all work performed under this scope of work ❑ WCSO will provide WCHA a listing of visits made to WCHA properties by WCSO crime prevention and patrol personnel, including any meetings attended. ❑ The WCSO and CASE position will cooperate with all of the City police departments in Whatcom County and BHA staff by communicating regularly and sharing information as it relates to WCHA properties. PAGC t, of 1, 77 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-076 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP 01124112 ff-n E C E D V E D 2/14/12 Finance/Council Division Head: e v Dept. Head: FEB 0 7 2012 Prosecutor: � WHATCOM COUNTY Purchasing/Budget: � � �� 12, COUNCIL Executive: TITLE OFDOCUMENT. U.S. Department of Agriculture Forest Service Mt. Baker-Snoqualmie National Forest 09-LE-11060500-040 2012 Operating and Financial Plan ATTACHMENTS. Three (3) copies of the Cooperative Law Enforcement Agreement09-LE-11060500-040 2012 Operating and Financial Plan between the Whatcom County Sheriffs Office and the U.S. Department of Agriculture Forest Service Mt. Baker-Sno ualmie National Forest. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Whatcom County Sheriff's Office will provide a deputy to patrol the Mt. Baker-Snoqualmie National Forest for the period January 1, 2012 through December 31, 2012; and the U.S. Department of Agriculture Forest Service will provide funding in the amount of $64,500.00 for these services. 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 SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum JEFF PARKS UNDERSHERIFF ART EDGE CHIEFDEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS RECE! VE® TO: Jack Louws, County Executive JAN 3 0 2012 JACK LOUWS FROM: Bill Elfo, Sheriff l COUNTY EXECUTIVE DATE: January 24, 2012 SUBJECT: USDA Forest Service Contract 09-LE-11060500-040 2012 Financial and Operating Plan Enclosed are three (3) original documents of the contract between Whatcom County Sheriff's Office and the USDA Forest Service Mt. Baker-Snoqualmie National Forest 2012 Financial and Operating Plan. Background and Purpose Whatcom County Sheriff's Office will provide a deputy to patrol the Mt. Baker- Snoqualmie National Forest. Funding Amount and Source $64,500 in 2012 from the United States Department of Agriculture. Differences from Previous Contract Reduction in funding of $2,250.00 from 2011. Please contact Undersheriff Parks at 50418 if you have any questions or concerns regarding the terms of this agreement. Thank you. enclosure Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in JU is Safety. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 02009090/1-1 Originating Department: Whatcom County Sheriff's Office Contract Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: I U.S. Department of Agriculture Forest Service Is this a New Contract? . If not, is this an Amendment or Renewal to an Existing Contract? Yes No X Yes No If yes, previous number(s): ao o 9 0 801 f Is this a grant agreement? Yes No _X If yes, grantor agency contract number(s) CFDA # 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? Contract Yes No _X— If yes, RFP and Bid number(s) Cost Center: Is this contract excluded from E-Verify? No Yes If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: Contract less than $100,000. Professional services agreement for certified/licensed professional Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS) Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA Contract Amount:(sum of orig contract amt and any prior If a Professional Services Agreement is more than $15,000 or a Bid is amendments) more than $35,000, please submit an Agenda Bill for Council approval $_64.500.00 and a supporting memo. Any amendment that provides either a 10% This Amendment Amount: increase in amount or more than $10,000, whichever is greater, must $ also go to Council and will need an agenda bill and supporting memo. If Total Amended Amount: less than these thresholds, just submit to Executive with supporting $_64,500.00 memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] The Whatcom County Sheriff's Office will provide a deputy to patrol the Mt. Baker-Snoqualmie National Forest for the duration of this agreement; and the U.S. Department of Agriculture Forest Service will provide funding in the amount of $64,500 for these services. Term of Contract: 01/01/12 Expiration Date: 12/31/12 Contract Routing Steps & Signoff. (sign or initial.l (indicate date transmitted.] 1. Prepared by DMP Date_01/24/12 [electronic] 2. Attorney reviewed Date [electronic] 3. AS Finance reviewed Date [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made Date [electronic] hard copy printed 6. Attorney signoff�� Date 1-- ( Z 7. Contractor signed Date 8. Submitted to Exec Office ✓ Date /-,30 -I 2 [summary via electronic; hardcopies] 9. Council approved (if necessary) Date 10. Executive signed 11. Contractor Original Returned to 12. County Original to Council dept. Date Date Date Last Revised 1/19/12 :1 COUNTY ORIGINAL USDA Forest Service OMB 0596-0217 FS-1500-19 PAGE OF PAGES MODIFICATION OF GRANT OR AGREEMENT. 1 3 1. U.S. FOREST SERVICE GRANT/AGREEMENT NUMBER: 2. RECIPIENT/COOPERATOR GRANT or 3. MODIFICATION NUMBER: 09-LE-1 1060500-040 AGREEMENT NUMBER, IF ANY: 04 . 200908011/201012028 4. NAME/ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING 5. NAME/.ADDRESS OF U.S. FOREST SERVICE UNIT ADMINISTERING GRANT/AGREEMENT (unit name, street, city, state, and zip +4): PROJECT/ACTIVITY (unit name, street, city, state, and zip +4): Mt. Baker-Snoqualmie National Forest Same. 2930 Wetmore Avenue, Suite 3A Everett, WA 98201-4044 6. NAME/ADDRESS OF RECIPIENT/COOPERATOR (street, city, state, and zip + 7. RECIPIENT/COOPERATOR'S HHS SUB ACCOUNT NUMBER (For HHS 4, county): payment use only): Whatcom County Sheriff's Office N/A 311 Grand Avenue Bellingham, WA 98225 8. PURPOSE OF MODIFICATION CHECK ALL This modification is issued pursuant to the modification provision in the grant/agreement THAT APPLY: referenced in item no. 1, above. CHANGE IN PERFORMANCE PERIOD: ® CHANGE IN FUNDING: Additional funding in the amount of $64,500.00 is currently available for reimbursement for performance of this instrument. See attached Financial and Operating Plan. ADMINISTRATIVE CHANGES: OTHER (Specify type of modification): Except as provided herein, all terms and conditions of the Grant/Agreement referenced in 1, above, remain unchanged and in full force and effect. 9. ADDITIONAL SPACE FOR DESCRIPTION OF MODIFICATION (add additional pages as needed): 10. ATTACHED DOCUMENTATION (Check all that apply): Revised Scope of Work ® Revised Financial Plan: ❑ Other: 11. SIGNATURES AUTHORIZED REPRESENTATIVE: BY SIGNATURE BELOW, THE SIGNING PARTIES CERTIFY THAT THEY ARE THE OFFICIAL REPRESENTATIVES OF THEIR RESPECTIVE PARTIES AND AUTHORIZED TO ACT IN THEIR RESPECTIVE AREAS FOR MATTERS RELATED TO THE ABOVE -REFERENCED GRANIVAG it. TCOM COU ' SIGNATURE I I.B. DATE 1 I.C. U.S. FOREST SERVICE SIGNATURE 1 I.D. DATE SIG ED SIGNED / (ShQatur t ato Official (Signature of Signatory Official) 11. E. NAME (type or print): BILL ELFO I I .F. NAME (type or print): RODNEY MACE I I .G. TITLE (type or print): Sheriff 1 I .H. TITLE (type or print): Acting Forest Supervisor USDA Forest Service OMB 0596-0217 FS-1500=19 I l.l.. WHATCOM COUNTY SIGNATURE 11:1. DATE SIGNED 1 I.K. U.S. FOREST SERVICE SIGNATURE I I.L. DATE SIGNED (Signature of Signatory Official) (Signature of Signatory Official) I I.M. NAME (type or print): JACK LOUWS 1 I .N. NAME (type or print): BARB SEVERSON 11.0. TITLE (type or print): Whatcom County Executive I I.P. TITLE (type or print): Special Agent in Charge 11. Q. APPROVED AS TO FORM: I I.R.. WHATCOM COUNTY SIGNATURE f, � ` u 1 I 1 S. DATE SIGNED . (Si ature of Si to off l) 1 11. T. NAME (type or print): NDALL J. WATTS 1 I . U. TITLE (type or print): Chief Civil Deputy Prosecutor 11.V. WHATCOM COUNTY 11. W. DATE SIGNED Notary Public in and forThe State of Washington Residing in 12. G&A REVIEW 12.A. The authority and format of this modification have been reviewed and approved for signature by: 12.B. DATE SIGNED 1/9/2012 COLLEEN BROWER U.S. Forest Service Grants & A reements Specialist INSTRUCTIONS FOR FORM FS-1500-19 1. Enter the orginal U.S. Forest Service agreement number. 2. Enter the cooperator's agreement number, if applicable. 3. Enter the number for this Modification, i.e. 01, 02, or 03. The first modification to an instrument is '01', subsequent modifications receive a subsequent modification number (for example, the fourth modification is '04'). 4. Enter the address of the G&A Specialist/Signatory Official responsible for this agreement. 5. Enter the address of the U.S. Forest Service Program/Project Manager or Lead Scientist responsible for this agreement. 6. Enter the cooperator's address. 7. Enter the cooperator's HHS Sub -Account numbers, if funding is provided on this modification (for example: G2412345003) (Only used by NA/S&PF and NRS) 8. Insert the provision number from the agreement/grant that allows for this modification (for instance, 'Sec. V., provision LL. MODIFICATION,' or 'Sec. V., provision FF. TERMINATION BY MUTUAL AGREEMENT.'). Also, select all boxes that apply: - Change in Performance = updated performance period agreed to. U�rS USDA Forest Service OMB 0596-0217 FS-1500-19 - Change in Funding = obligation OR de -obligation amount and new totals. - Administrative = change in pay address, administrator address, correcting typing errors, etc. - Other = any other modification not described, such as update new objective to study plan, change the Principle Investigator, etc. 9. Insert changes such as updated provision, tasks, or any other data needed by the modification, add additional pages as needed. 10. Check all boxes that apply and ensure to attach these documents to the modification. Other attachments could include SF-424 forms. 11. A — D, self explanatory. 11. E — H, Type or print the names of signatory officials. 12. G&A Specialist signs and dates before sending to the individuals in block 11, if all modification data are approved for signature. Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 30 minutes per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collecton of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TOD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. 8USDA, Forest Service OMB 0596-0217 FS-1500-8A FS Agreement No. Cooperator Agreement No. EXHIBIT A 09-LE-11060500-040 201012028 / 200908011 COOPERATIVE LAW ENFORCEMENT ANNUAL OPERATING PLAN & FINANCIAL PLAN Between WHATCOM COUNTY SHERIFF'S OFFICE And the USDA, FOREST SERVICE MT. BAKER-SNOQUALMIE NATIONAL FOREST 2012 ANNUAL OPERATING AND FINANCIAL PLAN This Annual Financial and Operating Plan (Annual Operating Plan), is hereby made and entered into by and between Whatcom County Sheriff s Office, hereinafter referred to as "Whatcom County," and the USDA, Forest Service, Mt. Baker-Snoqualmie National Forest, hereinafter referred to as the "U.S. Forest Service," under the provisions of Cooperative Law Enforcement Agreement #09-LE-1 1060500-040 executed on September 18, 2009. This Annual Operating Plan is made and agreed to as of the last date signed below and is for the estimated period beginning January 1, 2012 and ending December 31, 2012. Previous Year Carry-over: $ 0.00 Current Fiscal Year Obligation: $64,500.00 FY2012 Total Annual Operating Plan: 64,500.00 I. GENERAL: A. The following individuals shall be the designated and alternate representative(s) of each party, so designated to make or receive requests for special enforcement activities. Principle Cooperator Contacts: Cooperator Program Contact Cooperator Administrative Contact Bill Elfo Jeffrey Parks Sheriff Undersheriff Whatcom County Sheriffs Office Whatcom County Sheriff's Office 311 Grand Avenue 311 Grand Avenue Bellingham, WA 98225 Bellingham, WA 98225 Phone: (360) 676-6650 Phone: (360) 676-6650 FAX: (360) 738-2494 FAX: (360) 738-2494 E-Mail: belfoLc��co.whatcom.wa.us E-Mail: jDarkstd,,co.whatcom.wa.us Page 1 of 6 EMA 217 U+�S USDA, Forest Service OMBFS-1500-8A FS-1500-8A Principle U.S. Forest Service Contacts: U.S. Forest Service Program Manager Contact U.S. Forest Service Administrative Contact Kim M. Kinville Deborah Larsen Patrol Captain, N' WVZ Law Enforcement Assistant USDA Forest Service LEI USDA Forest Service LEI, 2930 Wetmore Avenue, Suite 3A 1835 Black Lake Blvd SW Everett, WA 98201 Olympia, WA 98512 Phone: (425) 783-6090 Phone: (360) 956-2464 FAX: (425) 783-6098 FAX: (360) 956-2265 E-Mail: kkinvilleL4fs. fed. Lis E-Mail: dlarsen Lofs.fed.us B. Reimbursement for all types of enforcement activities shall be at the following rates unless specifically stated otherwise: Cooperator provided full-time Deputy from January 1, 2012, through December 31, 2012, at a rate of $65.00 per hour (includes wages, benefits, vehicle costs, administrative costs) plus overtime, not to exceed $64,500.00. The U.S. Forest Service will be billed at the 2012 adopted rate. The same adopted rate applies to any officers dispatched for special enforcement situations per section IV, or officers assisting at the request of the U.S. Forest Service per section II-C. II. PATROL ACTIVITIES: A. Patrol schedules will be flexible to allow for emergencies, other priorities, and meeting day-to- day needs of both Whatcom County and the Forest Service. Cooperator will provide a full-time Deputy from January 1, 2012, through December 31, 2012, whose primary assignment is the Mt. Baker-Snoqualmie National Forest inside the boundaries of Whatcom County, Washington, with particular attention given to those places utilized by the visiting public such as administered recreation sites, dispersed recreation sites, buildings and boat launching facilities. B. Specific workdays and core hours on the ground will be determined by Whatcom County with concurrence by the U.S. Forest Service. This schedule will be provided to the U.S. Forest Service at least five days prior to the schedule taking effect. It is expected that patrols will include Saturday, Sunday and holidays on National Forest Lands, for the period of the agreement, or until such time as funding is exhausted. C. Within staffing capabilities, additional Deputies shall be dispatched to unforeseen situations upon request of the U.S. Forest Service. D. Whatcom County will assign one full-time officer with a fully equipped and marked Whatcom County Sheriff s Office vehicle, suitable for patrol of forest areas. E. Ample time will be spent in each area to make Forest users aware that law enforcement officers are in the vicinity. Timely reports and/or information relating to incidents or crimes that have occurred on NFS lands should be provided to the Forest Service as soon as possible. Page 2 of 6 USDA, Forest Service OMB 0 FS-150-1500-8A8A F. Any known or reported incidents including contacts, investigations, citations, custodies, searches, etc., occurring on NFS lands shall be documented on a Daily Activity Report. These reports will be forwarded quarterly, to the attention of Patrol Captain Kim M. Kinville. G. Assigned Deputies will complete Daily Activity Reports denoting hours worked, location and type of activity to assure patrols are consistent with Agreement priorities. This documentation should be submitted with reimbursement. requests. H. A completed Form FS 5300-5, Cooperative Law Enforcement Activity Report, shall be furnished to the Forest Service on a quarterly basis, identifying the number of crimes occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting Groupings, Part I and II Offenses. Offense and arrest information shall be combined and reported for each crime. The report shall separate the crimes handled under the cooperative agreement from those handled by the County during regular duties. A copy of each motor vehicle collision report occurring on NFS lands and roads, including photos of the crash site depicting all vehicles involved, any property damage, road conditions and applicable road signs shall be provided to the U.S. Forest Service. All motor vehicle accidents shall be reported by phone to the local Forest Service Law Enforcement Officer as soon as possible. 1. Cooperator shall notify the U.S. Forest Service as soon as possible of all search and rescues occurring on NFS lands. Deputies assigned to this agreement can perform preliminary search and rescue duties, out Cooperator shall furnish another Deputy for lengthy missions. J. Patrols should be variable, and Deputies should plan routes snaking them more visible after sunset, especially during peak use months (generally May through September). Cooperators may be asked to provide more Deputies for large law enforcement incidents (raves, parties, gatherings, etc.) as needed. COOPERATIVE PATROL AREAS: Patrol all roads in the Mt. Baker-Snoqualmie National Forest that are located within the boundaries of Whatcom County, Washington including: 1. Campgrounds, trailheads, developed recreation sites and dispersed areas. 2. Active logging and firewood cutting areas. 3. Unplanned seasonal special emphasis areas. K. The U.S. Forest Service shall loan Whatcom County one portable radio and one mobile radio for communication purposes. L. Whatcom County will be responsible for the installation and maintenance of radio equipment. In the event this agreement is cancelled, the radios will be returned to the U.S. Forest Service. Total reimbursement for this category shall not exceed the amount of $ 64,500.00 (Total reimbursement is in addition to any remaining prior year funding.) Page 3 of 6 217 U�S USDA, Forest Service OMBFS-1500-8A FS-1500-8A III. SPECIAL ENFORCEMENT SIT'UAT'IONS: A. Special Enforcement Situations include but are not limited to: Fire Emergencies, Drug Enforcement, and certain Group Gatherings. B. Funds available for special enforcement situations vary greatly from year to year and must be specifically requested and approved prior to,any reimbursement being authorized. Requests for funds should be made to the U.S. Forest Service designated representative listed in Item I -A of this. Annual Operating Plan. The designated representative will then notify Whatcom County whether funds will be authorized for reimbursement: If funds are authorized, the parties will then jointly prepare a revised Annual Operating Plan. Drug Enforcement: This will be handled on a case by case basis. The request will normally come from the patrol Captain; however, it may come from the Special Agent in Charge or their designated representative. Reimbursement shall be made at the rates specified in Section I-B. Deputies assigned to the incident will coordinate all of their activities with the designated officer in charge of the incident. 2. Fire Emergency: During emergency fire suppression situations and upon request by the Forest Service pursuant to an incident resource order, Whatcom County agrees to provide special services beyond those provided under Section II -A, within Whatcom County's resource capabilities, for the enforcement of State and local laws related to the protection of persons and their property. Whatcom County will be compensated at the rate specified in Section I-B; the Forest Service will specify times and schedules. Upon concurrence of the local patrol Captain or their designated representative, an official from the Incident Management Team managing the incident, Cooperator personnel assigned to an incident where meals are provided will be entitled to such meals. 3. Group Gatherings: This includes but is not limited to situations which are normally unanticipated or which typically include very short notices, large group gatherings such as rock concerts, demonstrations, and organization rendezvous. Upon authorization by a Forest Service representative listed in Section I -A for requested services of this nature, reimbursement shall be made at the rates specified in Section I-B. Deputies assigned to this type of incident will normally coordinate their activities with the designated officer in charge of the incident. This includes but is not limited to situations which are normally unanticipated or which typically include very short notice, large group gatherings such as rock concerts, demonstrations, and organizational rendezvous. Page 4 of 6 USDA, Forest Service OMB 0 FS-150-1500-8A8A IV. BILLING FREQUENCY: See Cooperative Law Enforcement Agreement Provisions II -I and III-B for additional in formation. A. Whatcom County will submit invoices for reimbursement of services provided under Section II of this agreement monthly or quarterly, at the discretion of the Whatcom County. USDA Forest Service Albuquerque Service Center Payments -Grants and Agreements 1 O1B Sun Ave NE Albuquerque, NM 87109 Invoices may also be faxed to: 1-877-687-4894 FAX coversheet should be addressed to: USDA Forest Service ASC — Payments -Grants and Agreements Whatcom County will prepare an itemized statement for each invoice submitted to the Albuquerque Service Center. The statement will be in sufficient detail to allow the U.S. Forest Service to verify expenditures authorized under Section II. The itemized statement for reimbursement will also include the following information: 1. Areas patrolled and miles traveled on NFS lands. 2. Person -hours worked in NFS patrol areas. J. Copies of completed Daily Activity Reports. 4. Copies of invoice submitted. The statement should be sent to the following address: USDA Forest Service, Law Enforcement & Investigations Northwest Washington "Lone ATTN: Patrol Captain Kim M. Kinville 2930 Wetmore Avenue, Suite 3A Everett, WA 98201 B. For reimbursement of services provided under Sections III-B-1 and III-13-3 of this agreement, billing instructions will be specified in the revised Operating Plan. C. For reimbursement of services provided under Section III-13-2 of this agreement, the following billing procedure will be used. Incident management personnel will prepare an Emergency Use Invoice and, upon concurrence of Whatcom County, will submit the invoice for payment along with all required documentation using normal incident business procedures. Page 5 of 6 1J�S USDA, Forest Service OM FS-1500217 S-I500-8A The designated representative, IMT official, or a designated forest incident business official, will approve the invoice and submit to the Albuquerque Service Center, Incident Finance, for payment along with a copy of the current Operating Plan. D. Whatcom County will be listed and maintain currency in the Central Contractor Registration database accessible through the internet at http://www.ccr.eov. Whatcom County will notify the U.S. Forest Service of any changes of their applicable account numbers or banking information to help ensure' prompt payment. E. The following is a breakdown of the total estimated costs associated with this Annual Operating Plan. Category Estimated Costs Not to Exceed b % Patrol Activities $64,500.00 N/A Training $0.00 N/A Equipment $0.00 N/A Special Enforcement Situations $0.00 N/A Total $64,500.00 N/A F. Any remaining funding in this Annual Operating Plan may be carried forward to the next fiscal year and will be available to spend through the term of the Cooperative Law Enforcement Agreement, or deobligated at the request of the U.S. Forest Service. Burden Statement According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor: and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing he collection of information. The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion; sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille: large print. audiotape, etc.) should contact USDA's TARGET Center at 202-720-2600 (voice and TDD). To file a complaint of discrimination, write USDA, Director, Office of Civil Rights; 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call toll free (866) 632-9992 (voice). TDD users can contact USDA through local relay or the Federal relay at (800) 877-8339 (TDD) or (866) 377-8642 (relay voice). USDA is an equal opportunity provider and employer. Page 6 of 6 2012-077 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 2114112 Financel Coun Originator: non JIrl�j EC E O V E D Division Head. FEB 0 7 2012 Dept. Head. i - 1" Prosecutor: W HATC O M COUNTY Purchasing/Budget: �� °?�l � l Z COUNCIL Executive: TITLE OFDOCUME ease Agreement Between Whatcom County Parks & Recreation and Birch Bay Lions Club ATTACHMENTS: Lease Agreement for Hostel SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: S UMMA R Y S TA TEMEN T 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 lease a building located at Bay Horizon Park to the Birch Bay Lions Club to operate as a hostel. The Birch Bay Lions have leased this building and operated the hostel since 2003. This lease agreement allows the continuation of this operation under the same terms and conditions for a two year period.. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.us/council. it WHATCOM COUNTY PARSK & RECREATION DEPT. 3373 Mt. Baker Highway Bellingham WA 98226 I i �:1HM:7_1 `TWI TO: Jack Louws, County Executive FROM: Michael McFarlane, Director RE: Birch Bay Lions Club Building Lease DATE: January 19, 2012 Michael McFarlane Director RECEIVED JAN 2 4 2012 JACK LOUWS COUNTY EXECUTIVE Enclosed are two (2) originals of a lease agreement between Whatcom County and the Birch Bay Lions Club for operation of a hostel at Bay Horizon Park for your review and signature. ■ Background and Purpose The Birch Bay Lions Club has leased a building at Bay Horizon Park to operate a hostel since 2003. This lease agreement allows for the continuation of this arrangement under the same terms and conditions except that this is a two year agreement. ■ Funding Amount and Source The Birch Bay Lions Club pays all expenses associated with the operation of the hostel and the maintenance and utilities for the building and immediate grounds. ■ Differences from Previous Contract This lease agreement is for two years as opposed to the previous agreements that were one year in duration. Please contact Michael McFarlane at extension 32072 if you have any questions or concerns regarding the terms of this agreement. Encl. 91 WHATCOM COUNTY CONTRACT INFORMATIONSHEET Whatcom County Contract No. .�olaororg Originating Department: Parks & Recreation Contract Administrator: Erik Axelson Contractor's /A ency Name: Birch Bay Lions Club Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) _03-07 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 $ N/A memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. Scope of Services [Insert language from contract (Exhibit A) or summarize; expand space as necessary] This lease agreement allows the Birch Bay Lions Club to operate a hostel at Bay Horizon Park. Term of Contract: 2 years Expiration Date:12/3I/13 Contract Routinz Steps & Sienoff [sien or initiall [indicate date transmitted 1. Prepared by. Date [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: �%,"gyp Date [electronic] 9. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff. J I Date 1- J 3 _ 1 � 7. Contractor signed.- ,i Date 1- 4 - l a 8. Submitted to Exec Office ,/ Date / d Ll- / Z [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (f necessary) Date I I. 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 92 COUNTY ORIGINAL LEASE AGREEMENT BETWEEN a ct o r s WHATCOM COUNTY PARKS & RECREATION AND BIRCH BAY LIONS CLUB This Agreement hereby made and executed on this day of , 2012, by and between WHATCOM COUNTY, a municipal corporation, hereinafter designated the COUNTY, and the BIRCH BAY LIONS CLUB, hereinafter designated BBLC. WITNESSETH: COUNTY grants to BBLC the right of occupancy and use of the 2-story building (addressed 7467 Gemini Street) for the operation of a hostel facility, said building being located within the boundaries of Bay Horizon Park, whose address is 7506 Gemini Street, Blaine, Washington 98230, and being more accurately shown and described in Exhibit "A" of this Agreement, and under the terms and conditions stated herein, to -wit: SECTION I — OCCUPANCY 1.01 Term: This Agreement shall commence on the 1 st day of January, 2012, and continue through the 31 st day of December, 2013, unless terminated earlier under the provisions hereof. 1.02 Renewal: The BBLC, providing the performance of this Agreement is satisfactory to the COUNTY, shall have a preferential right to apply for a renewal of this Agreement at the expiration and/or extension thereof. 1.03 Extension: This Agreement may be extended for up to one year by mutual written agreement of the COUNTY and BBLC. 1.04 Amendments: This Agreement may be amended at any time during the original, extended, or renewed terms by mutual written agreement of the COUNTY and BBLC provided, however, the COUNTY reserves the right to amend any section of this Agreement at the expiration of the original term, and any extension or renewal thereof. SECTION H — USE OF PREMISES 2.01 Permitted Use: The premises shall be used for the operation of a hostel facility. Additional use of the premises shall require the written consent of COUNTY. Page 1 o% 2.02 Public Facilities: The rights granted under this Agreement shall not subordinate -the rights of COUNTY or the public to the use of roads, parking areas, and utility systems; provided, however, there shall be no unreasonable interference with the granted rights of BBLC. SECTION III — FEES — AUDIT 3.01 Fees: Until notified by the COUNTY after further negotiations on fees, -in lieu of fee payment for the rights granted by COUNTY to BBLC herein, BBLC shall be responsible for all maintenance as specified in Section 5.09. BBLC shall be responsible for payment of the State Leasehold Excise Tax. Current State Leasehold Excise Tax of 12.84% of the appraised value of the property (set by the Washington State Department of Revenue) is based on $351.00 per month. State Leasehold Excise Tax will be billed quarterly per year by COUNTY Parks & Recreation Department on March 31, June 30, September 30, and December 31. The monthly Leasehold Excise Tax is $45.07. 3.02 Records -- Audit: BBLC shall maintain a true account of all receipts and disbursements. All records shall be made available to COUNTY for review in March of each year. BBLC shall furnish a copy of all Department of Revenue Excise Tax Return Forms No. 2406Q, when and as filed with the Department of Revenue on this operation if requested to do so by COUNTY. BBLC shall furnish a profit and loss statement if requested to do so by COUNTY. BBLC shall file with the COUNTY an annual report of occupancy and income within 60 days after the close of BBLC fiscal year. SECTION IV = RESERVATION AND PERFORMANCE 4.01 Reservation: COUNTY reserves the right of access to the premises for the purpose of securing compliance with the terms of this Agreement and to carry out the normal operational functions of the park. 4.02 Performance: In conformance with the use of the premises covered under the terms of this Agreement, BBLC shall, and does hereby agree to: (a) Obtain all necessary licenses and permits. Comply with all laws and regulations of all public authority affecting the premises and use thereof. (b) Not discriminate against any employee or applicant for employment or patron of the premises because of race, creed, color, sex, or national origin. Page 2 o�4 (c) Defend and hold harmless the COUNTY, its officers, agents or employees, its successors and assigns, against all claims suffered or alleged to be suffered on the premises or arising out of any operation covered under this Agreement. (d) Operate the hostel facility in a businesslike manner and employ only qualified personnel as hostel managers. BBLC shall submit to COUNTY the resume, application, references, job description, and employment contract/letter of employment for employed hostel manager(s). (e) Submit to the COUNTY Parks Director for comment no later than October 1 of each year, a copy of the proposed seasonal and daily schedule of hours of operation for the subsequent BBLC license, year; said plan to include proposed prices to be charged facility users for goods and services. Such plans and prices to be reviewed by COUNTY with requests for change(s) to be made to BBLC by November 1. Such prices to be posted in a conspicuous place on the premises. Without comment by COUNTY, BBLC shall assume approval of the proposed seasonal and daily schedule of hours of operation, including prices. (f) Not allow debris or refuse to collect on the premises. (g) Maintain the grounds including mowing within 20 feet of the premises. (h) That no assignment of this Agreement shall be effective without the written consent of the COUNTY. (i) Pay any taxes or any in -lieu taxes levied against said operation or facilities or any other legal taxing authority. SECTION V — FACILITIES — EQUIPMENT — UTILITIES — MAINTENANCE 5.01 Facility: Facility shall consist of the 2-story hostel building addressed 7467 Gemini Street as shown on attached Exhibit "A" and shall be used as a hostel facility. Said buildings shall remain the property of COUNTY. Prior to implementation of the hostelling program, and for the duration of this Agreement, said buildings shall meet all state and county standards relative to plumbing, electrical, health and safety codes. All remodeling, renovating and structural changes shall be approved in advance by COUNTY in writing and shall be accomplished by BBLC at no cost to COUNTY. 5.02 Improvement Ownership: All improvements shall accrue to COUNTY. Page 3 off 5 5.03 Equipment: All appliances and portable equipment purchased by BBLC shall remain the property of BBLC and shall be removed from the premises within 30 days of termination of Agreement if so directed by COUNTY. Any appliance or unit of equipment not removed within the specified 30 days shall become the property of COUNTY. 5.04 Electricity: COUNTY shall provide electrical service to the buildings. Any change to the existing wiring inside the buildings necessary for BBLC operation will be at expense of BBLC, and will be in accordance with state and county codes. BBLC shall pay for electricity used. 5.05 Garbage: BBLC shall be responsible for and pay for garbage and rubbish disposal from the operation. 5.06 Water, Sewer and Stormwater: BBLC will pay the regular charges for water and sewage imposed by the Water District, by direct payment to the district. A stormwater assessment fee will be charged at the site. BBLC will pay a percentage of that fee based on the square footage of impervious surfaces included in the hostel and property utilized for hostel purposes. COUNTY shall not be held liable for any loss of water or sewer service to BBLC. Maintenance of the water and sewer system within the buildings shall be the responsibility of BBLC. 5.07 Natural Gas: BBLC will pay regular charges of natural gas service. 5.08 Insurance: BBLC shall carry a policy of liability insurance in the minimum amount of $1,000,000 per occurrence with COUNTY named as co-insured. All policies shall carry 30-day notification of cancellation clause. A certificate of insurance or copy of the policy will be provided to COUNTY. BBLC assumes responsibility for the contents of the building, and may provide insurance to cover any and all losses to those contents resulting from a fire. The parties agree to look to their own insurance for coverage due to a fire and waive any and all rights to subrogation. The losses included in this provision include any and all business interruption as well as bailed property. 5.09 Maintenance: BBLC shall be responsible for all cleaning, maintenance and repair of the interior of the premises and shall further be responsible for all external cleaning, maintenance and repair. BBLC shall provide and pay for any materials or supplies required to accomplish said cleaning, maintenance and repair. BBLC shall be responsible for interior and exterior painting, repairs and servicing of heating, plumbing and electrical systems and other maintenance essential to their operation and to the preservation of the building. COUNTY shall Page 4 of 8 approve all painting projects prior to their start. COUNTY will provide technical guidance subject to availability, to aid BBLC in meeting its requirements. However, lack of said COUNTY guidance shall not excuse BBLC from meeting the requirements. 5.10 BBLC shall comply with the minimum licensing standards for transient accommodations for the state of Washington (WAC 246-360). 5.11 Parking: BBLC shall have use of ten parking spots in either the area of strip parking located in front of the Arts & Crafts building and/or in another conveniently located area agreed to by the COUNTY, BBLC and the LIONS CAMP HORIZON FOUNDATION. 6.01 Termination: This Agreement shall terminate and all rights of BBLC shall cease, except as provided in Section 1.02 of this Agreement, and BBLC shall deliver possession of the premises to COUNTY: (a) At the expiration of the term of this Agreement. (b) Upon 30 days written notice from COUNTY to BBLC for uncorrected violations of any of the terms of this Agreement. (c) Upon 90 days written notice from BBLC to COUNTY. (d) At any time by mutual agreement of COUNTY and BBLC. (e) Upon 90 days written notice from COUNTY to BBLC. SECTION VII — ADDENDUM 7.01 Exhibit "A": Site map. 7.02 Memorandum of Agreement: No section of this Agreement shall prohibit BBLC from granting use of said facility to COUNTY during seasonal non-use by BBLC. No section of this Agreement shall prohibit COUNTY from contributing to the hostelling program or the facility through mutual agreements with BBLC during the term of this Agreement. C. III Ill ` - �_ ' 1i�I.�Z1II.� 8.01 Extent of Agreement: This Agreement contains terms and conditions agreed upon by the parties. In addition, the BBLC has signed a Letter of Understanding with the LIONS CAMP HORIZON FOUNDATION (which also leases space from the COUNTY at Bay Horizon Park). This letter outlines how each organization works cooperatively in serving the needs of Page 5 of 8 97 those requesting lodging at Bay Horizon Park. The parties agree that there are no other understandings oral or otherwise, regarding the subject matter of this Agreement. 8.02 Modification: No change or addition to this Agreement shall be valid or binding upon either parry unless such change or addition be in writing, executed by both parties. 8.03 Venue: This Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 8.04 Non -Waiver of Breach: The failure of the COUNTY to insist upon strict performance of any of the covenants and agreements of this Agreement or to exercise any option herein conferred in any one or more instances shall not be construed to be a waiver or relinquishment of any such or any other covenants or agreements, but the same shall be and remain in full force and effect. DATED this day of ��ny��-j , 2012. BIRCH LIONSCL By ?��� of bi rc ROy ()W STATE OF WASHINGTON ) ) ss. COUNTY OF WHATCOM ) On this 6A-kr\ day of i'r ur 2012, personally appeared before me _-p MeVA and to be known to be the individuals described in and who executed the within 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 under my hand and seal this day of 74hur 2012. • �Q NOTARY PUBLIC in and for the State of Washington, residing at My Commission expires: Page 7of8 99 Executed as of the date first written above. WHATCOM COUNTY Jack Louws, County Executive STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM) On this day of , 2012, before me personally appeared JACK LOUWS, 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 , 2012. APPROVED AS TO FORM: Deputy Pro�sec,ilnqttorney NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNTY -PARKS & RECREATION DEPARTMENT i Page 8 of 8 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2012-078 CLEARANCES Initial Date Date Received in Council Office A enda Date Assi ned to: Originator. 2/03/12 E C �V/ n // E D 1 FEB U 7 2012 WHATCOM COUNTY COUNCIL 2/14/12 Finance/Coon Division Head. De t. Head. Prosecutor. Purchasin /Bud et:.. 2/03/12 Executive: TITLE OF DOCUUMT. Approval to Purchase Waterborne Traffic Line Paint ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Maintenance & Operations is requesting approval to purchase Waterborne Traffic Line Paint using an interlocal agreement with Lewis County. The vendor is Sherwin Williams, Inc. It is anticipated that the total expenditure for traffic line paint will be approximately $450,000.00. This is a regularly budgeted expenditure and all purchases are based on actual need. 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. i.i 101 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 3 February 2012 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager SUBJECT: Approval to Purchase of Waterborne Traffic Line Paint • Background & Purpose Public Works Equipment Services/Maintenance & Operations is requesting approval to use Lewis County's bid in order to have an additional vendor for the purchase their annual supply of waterborne traffic line paint. Whatcom County has an Interlocal agreement with Lewis County that allows us to use their bids. The vendor is Sherwin Williams. Product is purchased on an as needed basis and it is anticipated that total paint expenditures will be approximately $450,000.00. White 7.48 Yellow 7.48 • Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 102 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager TO: The Honorable Jack Louws, County Executive and The Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, PW Director r / / �'�a' FROM: Eric L. Schlehuber, PW Equipment Services Manager 43) Jeff Gollen, PW Maintenance & Operations Superintendent le RE: Interlocal Agreement with Lewis County — Contract #200605021 Waterborne Traffic Line Paint DATE: January 31, 2012 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during 2012 from Sherwin Williams, Inc., in the amount of $450,000.00. This purchase is permitted through an existing Interlocal Agreement between Whatcom County and Lewis County, pursuant to the Washington State Interlocal Cooperative Act, RCW Chapter 39.34. Due to potential supplier issues as we had in 2010 and 2011, we are requesting this as a secondary source for waterborne traffic line paint. Combined, purchased from Sherwin Williams (Lewis County bid) and Alpine Products, Inc. (Washington State Bid Procurement List) will not exceed the above amount of $450,000.00. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing waterborne traffic marking line paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2011-2012 Budget process. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the February 14, 2012 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Enclosures 103 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-079 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2/03/12 'D-' C E� V E D FEB 0 7 2012 2/14/12 Finance/Conn Division Head. Dept Head: Prosecutor. WHATCOM COUNTY COUNCIL Purchasin lBud et: 2/03/12 Executive: 1 2 1 1 1 1 TITLE OF DOCUINENT. Award of Bid 12-06 for Two Pickup Trucks ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Services is requesting approval to award Bid #12-06 for the supply of two replacement 4x4 extended cab pickup trucks that will be used by Public Works M & 0. The low bidder is Bud Clary Chevrolet. The total cost is $52,704.22. This is a planned expenditure and the funds exist in the ER&R budget. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. Ll 104 �GOM CGG WHATCOM COUNTY ADMINISTRATIVE SERVICES I NG 0 FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 3 February 2012 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Award of Bid 12-06 for Two Extended Cab Pickup Trucks ■ Background & Purpose Bids were advertised for two half ton 4x4 extended cab pickup trucks. These will replace two Public Works M&O units that are due for retirement. Seven bids were received on Tuesday January 17 and are noted below. �; d��' 2�i1'•1�^ L ��,`��--?. k �."_,��.: e`' d,= \�--.c,-..`, a� r�L��, .�.:l `r. e 4 gg -,3�-; ;i ��],�'.`, �vH .�Aw Bud Clary ChevroletChevrolet• • • ' • . • 1 • 1 F150XLEi • • • • i i i i • 1 • 1 For i•• •• i i i EMIEMM�1� 1 • (l Diehl Ford ' • 1 • 1 F150XLT• • • • • i • of EEMMEM� Public Works Equipment Services is requesting approval to award to the low bidder, Bud Clary Chevrolet for a total amount of $52,704.22. ■ Funding This is a planned expenditure. The funds for this purchase are in the current ER&R budget. I concur with this request. Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 105 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director 6r/do�� FROM: Eric L. Schlehuber, PW Equipment Services Manage Jeff Gollen, PW Maintenance & Operations Superintendent RE: Bid #12-06, Half -Ton Extended Cab 4x4 Pickup DATE: January 30, 2012 ■ Requested Action After researching the costs for half -ton extended cab 4x4 pickup, I am requesting Executive and Council approval to purchase two 2012 Chevrolet Silverado 1500 4WD Extended Cab trucks to replace the following: DEFT REPLACE UNIT MAKE 1 MODEL EST MILEAGE M&O 141 2002 Ford F150 Ext Cab 4X4 149,157.0 M&O 160 2003 Chevy Silverado K1500 Ext Cab 4X4 163,867.0 ■ Background and Purpose These units were approved as replacements in the 2011-2012 Equipment Rental and Revolving Capital Equipment Budget. The above listed department will use these units in the performance of county business. r BASE PRICE SALES TAX ON ,�/IrNf�bR(IjAIFS f 1©DELOR2 , BASE' R ? 2012 Chevrolet Silverado Bud Clary Chevrolet 1500 4WD Extended Cab $ 48,710.00 $ 3,994.22 $ 52,704.22 ■ Funding Amount and Source This amount was budgeted during the 2011-2012 Budget process. I am requesting Executive and Council approval to purchase these units from Bud Clary Chevrolet in Longview, Washington for the base price of $24,355.00 per unit for a total of $48,710.00 for two units plus sales tax of $3,994.22, for a total of $52,704.22. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the February 14, 2012 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 106 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-080 CLEARANCES Initial Date . Date Received in Council ff lice A enda Date Ass i ned, to: Originator: 2/03/12 r E C E M E FEB 0 7 2012 2/14/12 Finance/Coup Division Head: Dept. Head: Prosecutor: WHATCOM COUNTY COUNCIL Purchasin /Bud et.: 2/03/12 Executive: TITLE OF DOCU T: Approval to Purchase Waterborne Traffic Line Paint ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Maintenance & Operations is requesting approval to purchase Waterborne Traffic Line Paint using the Washington State Contract. The vendor is Alpine Products, Inc. It is anticipated that the total traffic line paint expenditures will be approximately $450,000.00. This is a regularly budgeted expenditure and all purchases are based on actual need. 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 107 WHATCOM COUNTY ADMINISTRATIVE SERVICES DATE: 3 February 2012 /GO M CO FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 �y Bellingham WA 982254082 �SHING�O Brad Bennett, Finance Manager TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Waterborne Traffic Line Paint • Background & Purpose Public Works Equipment Services/Maintenance & Operations is requesting approval to use the Washington State Contract for the purchase of waterborne traffic line paint. The vendor is Alpine Products Inc. White — cold weather 10.41� Yellow — cold weather 10.33 Product is purchased on an as needed basis and it is anticipated that expenditures will be approximately $450,000.00. • Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance ..- Approved as recommended: County Executive Date of Council Action EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director �GpM c0G P y 9SHINGS� MEMORANDUM 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360)676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager TO: The Honorable Jack Louws, County Executive and The Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, PW 'A6Director /�lX(a FROM: Eric L. Schlehuber, PW Equipment Services Manager Jeff Gollen, PW Maintenance & Operations Superintendent1P RE: State Bid Contract #07609 (Waterborne Traffic Line Paint) DATE: January 31, 2012 ■ Requested Action I am requesting Executive and Council approval to purchase the following material as needed during the remainder of 2012 (current state contract extension is for the period of 01/27/2010 through 11/30/2012) from the Washington State Bid Procurement List. �- ��-„ x< ,,.s.n,i N 'n ra..� /tf e4,. 5Y„^' 4 .J„ z <rv��.. .<aWi � �i.S,F .3„ -_, :.. •SF.9 kQ, y s � �.,�. ,'a-. ,t t�. �w"Z�,�1 Waterborne Traffic Marking Paint 07609 November 30, 2012 $ 450,000.00 This state contract has been awarded to Alpine Products, Inc. located in Auburn, Washington. Due to potential supplier issues as we had in 2010 and 2011, we are requesting this as a first source for waterborne traffic line paint. Combined, purchased from Sherwin Williams (Lewis County bid) and Alpine Products, Inc. (Washington State Bid Procurement List) will not exceed the above amount of $450,000.00. ■ Background and Purpose The Maintenance & Operations Division of the Public Works Department uses these materials regularly as part of the road maintenance program. This agreement is for the purpose of providing waterborne traffic marking line paint throughout the year to be used on county road maintenance and road projects as needed. ■ Funding Amount and Source These are regularly budgeted expenditures for material, which is used on an annual basis as needed and has been budgeted during the 2011-2012 Budget process. ■ Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the February 14, 2012 Whatcom County Council Meeting. Please contact Jeff Gollen at extension 50660 or Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Enclosures 109 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-081 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: originator: 2/03/12 R E C EW E D FEB 0 7 2012 WHATCOM COUNTY COUNCIL 2/14/12 Finance/Coup Division Head: Dept. Head: r. Prosecuto Purchasin /eud et. 2/03/12 Executive: TITLE OF DOCUXIAW. Approval to Purchase GPS Survey Equipment ATTACHMENTS: Memos from Finance and Public Works Engineering SEPA review required ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Engineering is requesting approval to purchase replacement GPS survey equipment using the Washington State Contract. The vendor is PPI Group for a total amount of $38,381.54. This is a planned purchase with adequate funds in the current budget. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. ii 110 WHATCOM COUNTY ADMINISTRATIVE SERVICES FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager DATE: 3 February 2012 TO: Jack Louws, County Executive FROM: Brad Bennett, Administrative Services Finance Manager SUBJECT: Approval to Purchase GPS Survey Equipment ■ Background & Purpose Public Works Engineering is requesting approval to purchase replacement GPS survey equipment using the Washington State Contract. The vendor is PPI Group. The total cost is $38,381.54. ■ Funding Funds for this purchase were approved in the 2012 budget. I concur with this request. i Admin. Services Finance Manager Approved as recommended: County Executive Date of Council Action 111 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Frank M. Abart Director MEMORANDUM Joseph P. Rutan, P. E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 715-7450 Fax: (360) 715-7451 TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, Director FROM: Joseph P. Rutan, P.E., County Engr/Ass't Directo P�f ra � James P. Karcher, P.E., Engineering Manager ,,rP k DATE: January 31, 2012 v RE: Purchase of Replacement GPS Survey Equipment ■ Requested Action Public Works respectfully requests County Executive and County Council approval to purchase replacement Global Positioning System (GPS) survey equipment for the Engineering Division in the amount of $38,381.54 (see attached quote). ■ Background and Purpose The new equipment, purchased off the current WA State Contract Procurement List, consists of a base unit, a rover unit, communication accessories, and tripod/attachment equipment. With the base and rover units working together with numerous satellites, the Survey Crew will be able to acquire quick and precise x, y, z state plane coordinates for ground shot locations. GPS equipment is the most efficient way of acquiring state plane coordinates - the industry standard for boundary and topographic survey control points. Engineering's existing GPS equipment is 10 years old, with replacement parts hard to find & expensive, the software unsupported & outdated and the time period per shot taking over one hour. ■ Funding Amount and Source The purchase price amount of $38,381.54 is included in the approved 2011 / 2012 Engineering Budget under 10852.7410.594430 "Equipment — Capital Outlays". Please contact Jim Karcher, at extension 50633, if you have any questions or concerns regarding this procurement issue. Attachment: GPS Quote 2 %3/]p 641,k? tk- XOA 112 PPI GROUP 18040 72nd Ave South Kent, Washington, 98032 Phone: 800-558-5368 Fax: 425-251-5482 Email: collinm@theppigroup.com TO: Whatcom County Public Works ATTN: Todd Jann Quotation Quote # Whatcom County GR5 Quote Date January 21, 2012 Expiration Date 31-Mar-12 SHIPPING SHIPPING State PAYMENT SALESPERSON JOB METHOD DATE Contract I TERMS DUE DATE Collin McCoy I N / A I FOB: Whatcom County IN / A 1#06906 130 Days Net IN / A T_- ^.e.. ii?y""'L.t�.7`r-s 1q'' .r'`�.�£ eri" 'ni �: x�"�'�+^ r •ems _'c x �.'...+'ter-r+_ kyo_yt4 �::5:�?�. r.�..a �'`,,._�'-,�.'`n� .�.�.�.Y..u...a... 1,... `tom...:.: �: Including: tea GPS Receivers Mth UHF Radio / 450- 470 MHz / GPS Only Tracking / Serial Cables (2) / USB Cables (2) / Removeable SD Memory / Chargers / Accessories / Case C/F Rover Pole (telescoping) rc 2M GPS Tripod / -1 REMOVE 'Items Removed from Kit Above $ 1,190.00 5 (59.50) $ 1,130.50 2 27-090902-03 1 OAF Upgrade / GLONASS Tracking $ 1,D00.00 $ (50.00)1 $ 950.00 2 02-850905-01 Topcon GR3 Quick Connect Adaptors $ 129.D0 5 (6.45) $ 122.55 2 02-850904-01 ITopcon GR3 Battery Dry Doors S 105.00 S (5.25) $ 99.75 2 01-050911-01 ITopcon GR3 Battery Charging Cradle Dock S 620.00 5 (31.00)1 $ 589.00 Quotation prepared by: Collin McCoy 360-303-5739 (M) To accept this quotation, sign here and return: _ SALES TAXI 8.7% SHIPPING EST: $ - TOTAL 113 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-082 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: Cheryl A Raymond 2/14/12 Finance / Council Division Head: Steven N. Oliver Treasurer 1 1� Dept. Head: Mark Bauthues Deputy Treasurer Prosecutor as=112 FEB 0 7 2012 PurchasingBudget: Executive: COUNCIL SUBJECT. Treasurer's Annual List of Property Tax Refunds ATTACHMENTS: 1. Cover Letter 2. Resolution 3. List of Property Tax Refunds Related County Contract #: Should Clerk schedule a hearing: NO/XI YES / / Requested Date: SUMMARYSTATEMENT. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. Pursuant to RCW 84.69.020 the Treasurer is required to ADS Facilities Management Present to the Council annually a list of Property Tax Refunds. ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail Juvenile Parks Planning COUNCIL ACTION TAKEN. • Prosecutor Public Works Sheriff Superior Court Treasurer CherylA Raymond Other Related File Numbers: Ordinance or Resolution Number (this item): AgendaBilL doc 114 WHATCOM COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA98227-5268 treasurer@co.whatcorn.wa.us TO: FROM: DATE: RE: MEMORANDUM Jack Louws, Whatcom County Executive STEVEN N. OLIVER TREASURER MARKT. BAUTHUES OEM JAN 2 5 2012 JACK LOUWS COUNTY EXECUTIVE Steven N. Oliver, Whatcom County Treasurer *A'(� January 24, 2012 Resolution property tax refunds We are presenting this resolution, consistent with RCW 84.69.020 for the annual list of property tax refunds. No action is required; however, a formal motion to approve the list would be appropriate. Please consider this resolution at your February 14, 2012 council meeting. Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (363)1�3-2477 1 2 3 4 5 6 7 SPONSORED BY: consent PROPOSED BY: Treasurer INTRODUCTION DATE: RESOLUTION NO. A RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR PROPERTY TAX REFUNDS WHEREAS, RCW 84.69.020 requires that the County Treasurer present a list of all petitions for property tax refunds made during the previous year to the County Council, and; WHEREAS, a list of the Whatcom County Treasurer's 2011 Petitions For Property Tax Refund is attached to this resolution, and; WHEREAS, the Whatcom County Council has received and reviewed the Treasurer's list of property tax refunds consisting of the names of the persons receiving the refunds, the amounts of the refunds, and reasons for the refunds for the year 2011 in accordance with RCW 84.69.020. NOW, THEREFORE BE IT RESOLVED, that the Whatcom County Council accepts the 2011 petition for property tax refund list, hereto attached as "Exhibit A". APPROVED this day of , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair APPROVED 8$ TO FORM: Civi r utor 116 PETITION FOR,REFUNDS PAID REPORT JANUARY 1, 2011 THROUGH DECEMBER 31, 2011 REFUND TYPE KEY BOE BOARD OF EQUALIZATION C CHANGE OF STATUS/CORRECTION DSTR DESTROYED PROPERTY ME MANIFEST ERROR OC OVERPAID DUE TO ERROR SNR SENIOR/DISABLED PROGRAM 117 cC CA I- CA LO M N O I-- -, 00 00 00 N N d- m I- O r- r- w r- O N O ti O r- O N O d T N I- I- I- M d' O 'It 00 O Co 00 T N I- N Co LO 00 (o O O d' M M O CD (o Co T I- (o I- O M O LO d' (o O� d M LO T M � N N N N d' M Co LO Co O dN' N dN' O ( co (O (o dM' 00 Co I- (D M O 0000 0000 � O dq' dM' d' Co d M V3 V3 CA N 63 co d T 63 N 63 63 N N T 63 N N Co V3 V3 V3 N O O_ Co (o 00CA M O 00 T 64 T T r- T LL) b9 b9 6-3 b9 b9 9 ' bb4 b9 b9 b9 EA d O T C ' M_ T b9 r V9 ER Q9 Q9 Q9 69 r 61k 61k �61k 61k 61k 61k 61k 613 Eta a+ y 0 CO T (p N 00 U7 T 00 N I- O 00 Cn I`•- L(3 CA L(3 0 M T d' CO N N N Lo T T O N O O CO I� 0') 00 T d' d O O r T O Cn T LO LO M N O d- O O O LO LO O O O r 00 (O T M d I- N Co 00 CO O O M O N M d O O LO O O O T T T 0 0 0 0 O O O O O O O T O 00 4 T 6 O T co O Lo O co O O O r O N r.+ b9 b9 00 b9 b9 es 69 V3 63 63 63 63 63 N E49 63 63 63 63 63 6-t V3 Ef3 M V , O O M 00 6.3 V3 613 69- V , V , V , V , T EA V, T CO T N T - V} 69- T V, V, Va Va V9- LO 0 0 0 0 0 0 0 0 co 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 't O T 0 0 0 0 0 0 0 0 LO O O O O O O O O O O O O O O O O O O O O O O O O O O T N O En V) V) V) V3 V , 64 V3 63 T V3 V , V3 V3 Qf, V3 V3 V3 V3 V3 V , V , V3. 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Q ==0 J �.62w-jwp¢U<O�=w~O CD 06 Za�C)m a) UJ (D(DYpz Jw❑ w -OofY of>-a0 zofOz=-X Z mJ �- HO w�>-2000U Of �= O (n Q O w Q I— Q~ O w Y w Q Q w 9 � a 0 O 2� o 2 U U U, o w-j3: 2 w 0 0. w Of Of Of� H w w w H Of af >+ ZwZWWWWZOZ ww w(nZZ I— cn�(npp��(nm(nU��U�p(n(n O O r N M It 0 M 1,- w O O N m"t O M 1— = w r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r r O O O O O O O O O O O O O O O O O O W N N N N N N N N N N N N N N N N N N ❑ N N N N N - - - - - - - - - - - - r r r r r N N N N N N N N N N N N N r r r r r r r r r r r r r 131 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-083 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Janell Wilson, Revenue De u ?d A-A-1 FEB 01 2012 WHATCOM COUNTY COUNCIL 02/14/12 Finance Council Division Head: Mark Bautlrues, Deputy Treasurer dl Dept Head: Steven N. Oliver, Treasurer z 2 Prosecutor � Purchasing/Budget: Executive: SUBJECT: Resolution canceling uncollectible personal property taxes. ATTACHMENTS: Cover letter Resolution Resolution with Exhibit SEPA review required? ( ) Yes ( SEPA review completed? ( ) Yes ( ) NO ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO Requested Date: SUMMARYSTATEMENT. The County Treasurer is required by law (RCW 84.56.240) to present a list of uncollectible personal property taxes to the Council for cancellation. Distribution Request Indicate those who should receive a copy after Council action. List specific names to the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Hearing Examiner Jail COUNCIL ACTION TAKEN. Juvenile Parks Planning Prosecutor Public Works Sheriff Superior Court Related County Contract #: Treasurer Janell Wilson Other Related File Numbers: Ordinance or Resolution Number (this item): 132 WHATCOM COUNTY TREASURER'S OFFICE COUNTY COURTHOUSE P.O. Box 5268 Bellingham, WA 98227-5268 treasurer@co.whatcom.wa.us M Cp� S < �'9Sh1NG�Gt' MEMORANDUM S'rEVEN N. OLIVER TREASURER MARK T. BAUTHUES CHIEF DEPUTY S REUN.17 i Z Dz� FEB 0 2 20IZ JACK LOUWS COUNTY EXECUTIVE TO: Jack Louws, Whatcom County Executive FROM: Steven N. Oliver, Treasurer)d,,._' DATE: February 02, 2012 RE: Resolution cancellation We are presenting this resolution, consistent with RCW 84.56.240 and RCW 59.20.030, for cancellation of personal property taxes which are considered to be uncollectible, for delivery to the Whatcom County Council for consideration at its meeting on February 14, 2012. Council's action is required to formally cancel the uncollectible personal property tax. We certify that we have made diligent search and inquiry for goods and chattels to collect such tax and were unable to collect the same. Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (360} ?A-2477 SPONSORED BY: Consent PROPOSED BY: Treasurer INTRODUCTION DATE: 02/14/2012 RESOLUTION NO. CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES WHEREAS, RCW 84.56.240 requires that the treasurer shall file with the county legislative authority (county council) a list of uncollectible personal property taxes; and WHEREAS, Council action is required to formally cancel the uncollectible personal property tax; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the uncollectible personal property tax, attached hereto as Exhibit A, is hereby cancelled. APPROVED this day of , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil 1e1 iat� ;!Atty. Kathy Kershner, Council Chair 134 Exhibit A Equipment and Machinery (Business) PROPERTY ID NAME AND ADDRESS 3029 SOUND HEARING INC 3084 NORTHWEST AVE BELLINGHAM, WA 98225 9759 IMS GENERAL PARTNERSHIP JOHN HOKSBERGEN 1524 SLATER RD BELLINGHAM, WA 98225 3367 BEL-AIRE HEATING AIR 2172 DIVISION ST BELLINGHAM WA 98226 REASON YR AMOUNT TOTAL DELETED PROPERTY 2009 $ 476.11 GONE 2010 $ 1,085.71 $ 1,561.82 DELETED PROPERTY 2010 $ 5.73 GONE 2011 $ 6.01 $ 11.74 DELETED PROPERTY 2009 $ 1,354.51 GONE 2010 $ 1,544.85 $ 2,899.36 11846 ARTISAN GROUP INC DELETED PROPERTY 2009 $ 35.15 7056 PORTAL WAY #A-2 2010 $ 81.94 FERNDALE WA 98248 $ 117.09 6567 EVERGREEN AUTOMOTIVE INC DELETED PROPERTY 2010 $ 93.19 122 OHIO ST GONE 2011 $ 200.51 BELLINGHAM WA 98226 $ 293.70 7439 SEHOME ENGINEERING INC DELETED PROPERTY 2009 $ 30.25 1325 KUBCIKB ST #3 OUT OF BUSINESS BELLINGHAM WA 98226 $ 30.25 12195 TAHITIMITAN OUT OF BUSINESS 2009 $ 1,267.93 1155 E SUNSET DR #117 ASSETS GONE BELLINGHAM WA 98226 $ 1,267.93 Page 1 of 2 135 Exhibit A Equipment and Machinery (Business) 1998 HORIZON BANK OUT OF BUSINESS 801 ALABAMA ST #169 FDIC TAKE OVER BELLINGHAM, WA 98226 12832 AVALON REALTY 4200 MERIDIAN ST#104 BELLINGHAM WA 98226 3299 MANNA MUSIC 414 W BAKERVIEW RD #105 BELLINGHAM, WA 98226 2010 $ 751.56 $ 751.56 GONE 2009 $ 169.04 DECEASED $ 169.04 OUT OF BUSINESS 2010 $ 9.57 12748 ELEMENTS DESIGN CENTER LLC OUT OF BUSINESS 2425 E BAKERVIEW RD NO ASSETS BELLINGHAM, WA 98226 9803 BLOCKBUSTER INC 1733 H STREET BLAINE WA 98230 OUT OF BUSINESS PER CHAPT11 BANKRUPTCY ORDER $ 9.57 2009 $ 1,014.19 $ 1,014.19 2010 $ 272.81 $ 272.81 12759 POPEYES CHICKEN & BISCUITS OUT OF BUSINESS 207 N SAMISH WAY GONE BELLINGHAM WA 98225 2009 $ 2,275.76 $ 2,275.76 4699 WAYNES CUSTOM DETAILING OUT OF BUSINESS 2010 $ 23.33 KELLER AUTOMOTIVE GONE SCOTT KELLER 6397 PORTAL WAY FERNDALE WA 98248 $ 23.33 2011 Total Write-off Businesses $ 10,698.15 Page 2 of 2 136 Exhibit B Mobile Homes PARCEL NAME and ADDRESS 95795 KELLY CALLOWAY 1580 W MAIN ST #7 FERNDALE WA 153657 JANICE M JENSEN 5545-15 B #111 SOUTH DELTA BC CANADA REASON YR AMOUNT TOTAL DELETED/Fire 2008 170.85 DESTROYED PROPERTY 2009 163.24 1982 OAK KNOLL 2010 96.47 DELETED 2009 28.10 DESTROYED PROPERTY 1971 BROOKDALE $430.56 $28.10 92252 TIM VRIELING DELETED 2004 117.52 6153 PORTAL WAY 2005 113.38 FERNDALE WA 98225 1978 CORINTHIAN 2006 107.13 2007 32.77 $370.80 43914 GARY B HODGE DELETED 2008 7.87 318 W ILLINOIS ST GONE BELLINGHAM WA 98225 1958ABC $7.87 87723 PAUL L & LINDA VAN LUVEN DELETED 2008 246.39 5565 BAYVUE RD OFFICE ERROR BLAINE WA 98230 1988 OAK MANOR $246.39 70974 SCOTT C GORDON DELETED 2008 64.23 4000 FLYNN ST #72 DESTROYED PROPERTY 2009 67.91 BELLINGHAM WA 98226 1973 NEW MOON $132.14 126621 OLIVER J WILKS DELETED 2004 69.61 2462 ZELL RD 2005 67.26 FERNDALE WA 98248 1978 RIDGEWOOD 2006 63.60 $200.47 Page 1 of 2 137 Exhibit B Mobile Homes 101329 CHERYL NEWBY DELETED/fire 2009 167.94 220 E POLE RD Destroyed Property 2010 153.21 LYNDEN WA 1984 FESTIVAL $321.15 122888 JAMIE G VERHLILST DELETED/GONE 2007 21.33 4700 ALDERSON RD #13 1982 LAYTON 2008 20.56 BLAINE WA 98230 2009 19.84 2010 _ 19.39 $81.57 24877 DEL RAY PROPERTIES INC DELETED 2011 31.23 2500 SAMISH WAY #9 DESTROYED PROPERTY BELLINGHAM WA 98229 1967 BUDGER $31.23 113566 BETTY L PAINTER DELETED 2006 147.02 MAZAR INVESTMENT ANADA LTD GONE 2007 130.68 WELKERS RD 1973 NEW MOON 2008 125.99 BLAINE WA 98230 2009 121.57 2010 121.54 $646.80 2011 Total Write-off Mobile Homes $2,497.08 Page 2 of 2 138 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AS7011-724C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 211412012 Introduction Division Head: Dept. Head: ` - co . �. Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT: Ordinance creating the Whatcom County Commission on Salaries for Election Officials ATTACHMENTS: SEPA review required? ( x) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x) Yes ( x ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance establishing Whatcom County Code section 2.22, creating the Whatcom County Commission on salaries for elected officials COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcomwa.us/council. 139 PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: FEBRUARY 14, 2012 ORDINANCE NO. ESTABLISHING WHATCOM COUNTY CODE SECTION 2.22, CREATING THE WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS WHEREAS, on July 26, 2011, the Whatcom County Council adopted Ordinance 2011-026, submitting a proposed Charter amendment to the voters of Whatcom County to create a citizens' commission to review and set salaries for county elected officials; and WHEREAS, the voters of Whatcom County approved the proposed Charter amendment at the November 2011 General Election; and WHEREAS, the voter -approved Charter amendment requires that the Whatcom County Council establish by ordinance and in accordance with law an independent citizens' commission on salaries for elected officials which shall fix the salaries for the county council, executive, assessor, auditor, prosecuting attorney, sheriff and treasurer. NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council hereby establishes Whatcom County Code 2.22, creating the Whatcom County Commission on Salaries for Elected Officials as outlined in "Exhibit A" to this ordinance ADOPTED this day of , 2012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk Kathy Kershner, Council Chair APPR VED AS TO FORM: () Approved () Denied Civil Deputy Prosecutor Jack Louws, County Executive Date: 140 EXHIBIT A (ORDINANCE ESTABLISHING COMMISSION ON SALARIES FOR ELECTED OFFICIALS) CHAPTER 2.22 WHATCOM COUNTY COMMISSION ON SALARIES FOR ELECTED OFFICIALS Sections: 2.22.010 Established. 2.22.020 Purpose. 2.22.030 Duties. 2.22.040 Membership - Term of office. 2.22.050 Meetings and operation. 2.22.060 Compensation. 2.22.070 Referendum. 2.22.010 Established. The Whatcom County Commission on Salaries for Elected Officials is hereby established as an independent county commission. 2.22.020 Purpose. The purpose of the commission is to fix the salaries of the county council, executive, assessor, auditor, prosecuting attorney, sheriff, and treasurer in accordance with this chapter, the county charter, and state law. The commission shall study the relationship of salaries to the duties of the elected officials and fix the salary for each position. Except as provided in this chapter, the commission shall be solely responsible for its own organization, and shall enjoy the fullest cooperation of all elected officials, departments, and agencies of the county. 2.22.030 Duties. (1) The commission shall prepare a schedule of salaries for elected officials for the succeeding two calendar years and file the schedules with the county council and county auditor no later than May 1, 2013, and no later than May 1 every two years thereafter. The chair of the commission shall sign each salary schedule filed by the commission, certifying that the schedules have been prepared and filed in accordance with the provisions of this chapter, Whatcom County Charter Section 6.100, and the rules, if any, of the commission. (2) Except as provided in subsection (3) of this section, the salary schedules prepared and filed by the commission in accordance with this section shall become effective January 1 of the following calendar year. The salary schedules will be incorporated into the county budget without further action by the county council, county executive, or commission, provided that salary decreases established by the commission shall become effective as to incumbent elected officials at the commencement of their next subsequent term of office. Salary increases established by the commission shall become effective for all elected officials regardless of their terms of office. (3) Salary increases and decreases shall be subject to referendum as provided in Whatcom County Code 2.22.080 and sections 5.50 and 5.60 of the Whatcom County Charter. 141 2.22.040 Membership — Term of office. (1) The commission shall consist of ten members. Six members shall be selected by lot and appointed and confirmed as provided in subsection (2) of this section. The remaining four members shall be appointed and confirmed as provided in subsection (3) of this section. The members of the commission may not include any officer, official, or employee of the county or any of their immediate family members. For the purposes of this section, "immediate family member" means parent, spouse, domestic partner, sibling, child, or dependent relative of an officer, official, or employee of the county, whether or not living in the same household. (2) Six of the ten commission members shall be selected by lot by the county auditor from among those registered voters eligible to vote at the time persons are selected for appointment to full terms on the commission. Of these six commission members, two shall be selected from each county council district established under Whatcom County Code 1.12. The county auditor shall establish policies and procedures for conducting the selection by lot. The policies and procedures shall include, but not be limited to, those for notifying persons selected and for providing a new selection if a person declines appointment or if, following the person's appointment, the person's position on the commission becomes vacant before the end of the person's term of office. The county auditor shall forward the names of persons selected under this subsection to the county executive who shall appoint those persons to the commission. Appointments made by the county executive shall be confirmed by the county council. (3) Four of the ten commission members shall be residents of the county and shall be appointed by the county executive and confirmed by the county council. The members appointed under this subsection shall all have experience in personnel management. Of these four members, one member shall be selected from each of the following fields of expertise: business, professional personnel management, legal profession, and organized labor. The county council may confirm or reject appointments made under this subsection. If the council rejects an appointment the county executive shall promptly appoint another person meeting the requirements of this subsection. (4) The members of the commission shall serve two-year terms, with their terms ending on December 31, 2014. Thereafter, all members shall serve for two years. No person may be appointed to more than two terms. Members of the commission may be removed by the county executive, with the approval of the county council, only for cause of incapacity, incompetence, neglect of duty, malfeasance in office, or for a disqualifying change of eligibility. Upon a vacancy in any position on the commission, a successor shall be appointed and confirmed to fill the unexpired term. The appointment and confirmation shall be concluded within thirty days of the date the position becomes vacant and shall be conducted in the same manner as the original appointment. 2.22.050 Meetings and operation. (1) All business of the commission shall be subject to the Open Public Meetings Act, Chapter 42.30 RCW. The commission shall meet biennially as provided in Whatcom County Charter Section 6.100. However, the commission may meet as frequently as it deems necessary. (2) The members of the commission shall elect a chair from among its members. (3) The county executive shall provide clerical support for the commission from available county staff. 142 2.22.070 Compensation. Members of the commission shall serve without compensation, but may receive_ reimbursement for mileage to and from meetings and for such other expenses directly related to their service if approved by the county executive. 2.22.080 Referendum. (1) Salary changes fixed by the commission shall be subject to referendum in the same manner as a county ordinance except as otherwise provided in RCW 36.17.024. Referendum petitions shall be prepared and processed in accordance with Whatcom County Charter Section 5.60, except that pursuant to RCW 36.17.024 referendum proposals must be filed with the county auditor within thirty days after filing of the salary schedules. (2) After the filing of a referendum petition the salary changes shall be suspended until approved by the voters as provided in Whatcom County Charter Section 5.60. If the voters fail to approve the salary changes for a two year biennium the commission may prepare and file a schedule of salaries for the second year of the biennium no later than May 1 of the first year of the biennium, which shall be prepared and filed and take effect as provided in Whatcom County Code 2.22.030. 143 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 -088 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPR 1126/2012 LJ E V E D 2114112 PW Comm - Introduction JPR 112612012 2128112 Council/Public Division Head: Hearin l De L Head: FEB 0 7 2012 Ol /l9 l2 Prosecutor: WHATCOM COUNTY Purchasin /Bud et: COUNCIL Executive: TITLE OF DO C VAYENT, Ordinance regarding an increase of the speed limit on a portion of Drayton Harbor Road. ATTACHMENTS: 1. Memo to County Executive and County Council 2. Citizen Petition 3. Ordinance 4. VicinityMap 5. Traffic Study for Drayton Harbor Road SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule.a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: February 28, 2012 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.) To comply with RCW 46.61.415 and a request by petition from local citizens to increase the speed limit on Drayton Harbor Road from 25 miles per hour to 35 miles per hour. 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.-waus1counciL 144 WHATCOM COUNTY `oM c JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT a :°Gy Assistant Director/County Road Engineer 3r 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 FRANK M. ABART �y nor Phone: (360) 715-7450 Director 'BNINGt Fax: (360) 715-7451 RECEIVED MEMO TO: The Honorable Jack Louws, Whatcom County Executive, and FEB 3 - 20112 Honorable Members of the Whatcom County Council JACK LOUWS THROUGH: Frank M. Abaft, Director COUNTY EXECUTIVE FROM: Joseph P. Rutan, P.E., County Engineer/Assistant Director`' DATE: January 26, 2012 SUBJECT: Ordinance regarding an increase of Speed Limit on a portion of Drayton Harbor Road Requested Action Adoption of an ordinance for an increase of speed limit from 25 miles per hour to 35 miles per hour on a portion of Drayton Harbor Road. Background and Purpose: To comply with RCW 46.61.415 and a request by petition from local citizens to increase the speed limit on Drayton Harbor Road 25 miles per hour to 35 miles per hour from the city limits of Blaine to Harborview Road. Information: This ordinance will allow a change of speed limit on a portion of Drayton Harbor Road in order to comply with the request from citizens. It is also to comply with RCW 46.61.415 to establish speed limits on certain county roads. 145 SPONSORED BY: PROPOSED BY: Public Works - En ing eering INTRODUCTION DATE: 2/14/2012 ORDINANCE NO. ESTABLISHMENT OF A SPEED LIMIT ON A PORTION OF DRAYTON HARBOR ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on County roads; and WHEREAS, a request by petition from local citizens to increase the speed limit on Drayton Harbor Road; and WHEREAS, the County Road Engineer has done a traffic study; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a speed limit is established as follows: The speed limit be set and posted at 35 miles per hour on Drayton Harbor Road, from the intersection of Harborview Road west to the city limits of Blaine. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by copy of this ordinance. 10.04. Provisions of this ordinance are hereby added to Whatcom County Code, Section ADOPTED this ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor , 2012. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair ( ) Approved () Denied Jack Louws, Executive Date: 146 0 0 PROPOSED SPEED CHANGE - --------- - A YTON HARBOR 25mph TO 35mpt SPEED INCREASE LOCATION LLJ ILI 0 >_ LLJ NOT TO SCALE LLJ & 0 < w LINC OL N RD. LLJ Q F I . V) Q V) 4 m ANDERSON CL �INT RD. Co tton wood Beach 0 BERG ki m BIRCH BAY 11 — I 147 Traffic Study For Drayton Harbor Road 1/03/12 From Mile Post 0.0 to Mile Post 1.13 This speed study was done in response to a petition dated October 30, 2011. The petition requested that the speed limit be raised to 35 mph on Drayton Harbor Road from Blaine City limits to Harborview Rd. The petition was from residents mostly in the Semiahmoo area and none from along the road in question. The contact person for the petition is Al Mason, 8950 Bald Eagle Drive, Blaine, Washington, phone, 360 371-7894. The study area is the portion of Drayton Harbor Road from Harborview Road to Blaine City limits. Road Information Drayton Harbor Road is classified as a Rural Minor Collector. The road is an east -west road that follows the shore of Drayton Harbor, and is one of three roads that accesses Semiahmoo. The current speed limit in the study area is 25 mph (Ordinance 1989). However, the speed limit in the City of Blaine is 35 mph and 40 mph from Harborview Road to Blaine Road. Lane width in the study area is 10 feet wide with 0-3 foot gravel shoulders. Traffic controls on the road consist of all -way stops at the intersection with Shintaffer Road. West of Shintaffer Road the houses and accesses are on both sides of the road, are more numerous and closer to the road. A 15 ton weight limit on the road was established in 1989. In 1991 signs were installed to close the road to thru traffic. The road was closed in 2005 when the road was damaged by a severe storm and reopened in 2008 after repairs were made. All closure signs were removed. Data Collection Traffic counts were taken at the beginning of November, 2011 in two locations along Drayton Harbor Road. The first one was taken between Harborview Road and Shintaffer Road (Mile Post 0.59). The second was taken between Shintaffer Road and Blaine City limits (Mile Post 0.06). Counter location 1 1506 ADT 38.8MPH (85%) Counter location 2 1374 ADT 35.8MPH (85%) There are several curves in the study area that were ball banked to determine if they would be suitable for the increased speed as requested by this petition to change the speed limit on Drayton Harbor Road. The road was run three times at 35 mph. At no time was there any curve that exceeded the 12 degree ball bank level. At 40 mph the 12 degree ball bank level was exceeded in both directions and on both sides of Shintaffer Road. .• West of Shintaffer Road there are a few small hills that restrict the sight distance of drivers. Stopping sight distance is measured to insure that a driver can stop before hitting an object in the road. It is measured from an eye sight of 3.5 feet above the ground and 6 inches for the object. In some circumstances the object elevation can be increased to 24 inches. Three hills were measured, all west of Shintaffer Road, with the first being closest to the city limits. The stopping sight distance was measured at three locations at the most restricted areas with results as follows: 6" from ground 24" from ground First Hill 210' 257' Second Hill 199, 250' Third Hill 136' 170' Stopping sight distance at 35 mph is 250 feet. The third hill is just before Shintaffer Road and just before you get to the stop sign. Collision History We have verified that there have been two collisions since 2007, both east of Shintaffer Road. The first in 2008, and the second in 2009, were single vehicle collisions with no injuries. One driver was under the influence of alcohol and the other driver was not located. Conclusion Drayton Harbor Road is one of three county roads that accesses Semiahmoo and carries about one third of the traffic to that area. Traffic speed studies are measured and based on "the 85th percentile." In this section of Drayton Harbor Road the 85th percentile is around 35 mph which shows that the road is functioning at a higher speed than the posted 25 mph speed. Therefore, the only concern of raising the speed limit is within the area of limited sight distance. 149 IECE0WE County Engineering Dept 10/30/11 P, I NOV — 1 2011 i L� Joe Rutan, j WHATCONI COUNTY PUBLIC WORKS ENGINEERING DIVISION I have enclosed the petitions to indicate our desire to have the speed limit on Drayton Harbor Road increased in the section which now 25 to 35, thus making it the same speed along Drayton Harbor Road and easier to navigate. , The original signed petitions were sent to Barbara Brenner, for her to present to the County Council. Thank you in advance for taking the time and effort to consider our proposal. Respectfully, f 1. rf � rev 032011 ; Al Mason �.w, Blaine -- 150 WE THE UNDERSIGNED DO HEREBY PETITION WHATCOM COUNTY TO CHANGE THE SPEED LIMIT FROM 25 TO 35 ON THE SECTION OF ROAD FROM HARBORVIEW RD NW ON DRAYTON HA BO RD TO THE BLAINE CITY LIMIT, ABOUT 1.2 MILES. DATE SUBMITTED /O 3 PRINT NAME !SIGNATURE ii iADDRESS !CITY i n� i j �� �a � a � � � �,LA v r � so �4dk- ` r1 J-4- /1 I_ 1 / f� \ i �,6 �� �^ : • li/o.Pivrt7 iJl./L � . I c�f I, ti��••�r c.J�t. � i 1Nv6 /'%.0 /� I 04 h� 4 E► l.� tit l-L r 1. �A LG�'� v „� qZ vtSZ t194 J 5�4 ; � r QIA..nP w!i se 3d .� r, . iO3 V Oi c C-m-nar- 3fiwc= ��L3 %13 it BALL ER6CE V*l !�LAK; i,)A Z y4( D5l aay 151 WE THE UNDERSIGNED DO HEREBY PETITION WHATCOM COUNTY TO CHANGE THE SPEED LIMIT FROM 25 TO 35 ON THE SECTION OF ROAD FROM HARBORVIEW RD NW ON DRAYTON HARBOR RD TO THE BLAINE CITY LIMIT, ABOUT 1.2 MILES. DATE SUBMITTED n E)I NIT NIA NAC �cllf NIATI Inc (A r%r%n ref li O (Lw A vl :.ME -A ..TALAWAM xJVULC7_rt' Irit11,1 -rpi- I - E- L fs LA t'''� "�� WE THE UNDERSIGNED DO HEREBY PETITION WHATCOM COUNTY TO CHANGE THE SPEED LIMIT FROM 25 TO 35 ON THE SECTION OF ROAD FROM HARBORVIEW RD NW ON DRAYTON HARBOR RD TO THE BLAINE CITY LIMIT, ABOUT 1.2 MILES. DATE SUBMITTED PRINT NAME SIGNATURE (ADDRESS (CITY i p / ` 1 f IF �wm__ MAIO limm.�� malt, moo`,/ M 1 M14-631 ,t, o wl i s IN I R , i I �wop llSol s _. ._ P�►°t� }-E �5�, v1vX- 153 WE THE UNDERSIGNED DO HEREBY PETITION WHATCOM COUNTY TO CHANGE THE SPEED LIMIT FROM 25 TO 35 ON THE SECTION OF ROAD FROM HARBORVIEW RD NW ON DRAYTON HARBOR RD TO THE BLAINE CITY LIMIT, ABOUT 1.2 MILES. DATE SUBMITTED PRINT NAME SIGNATURE (ADDRESS CITY L PV�Dvas. 0�sb (�LoOgM t�� - , 9a-z30 'mot _ w� 6 cr— -2-3 1 n ' " 3 6-l/S/qQC y AO i ctck G�- v cz 7d 2- X - ��, rYAT(34, 'c_ JeAI4�F- "TT :9140 ULPA6 Lf, Pe-- Acsr 992-70 i 154 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 — 44 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori nator: 1/17/2012 1/24/2012 -Introduction Division Head: 2/14/2011 Pia & Council Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Ordinance establishing the Lummi Island Ferry Advisory Committee ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance establishing the Lummi Island Ferry Advisory Committee COMMITTEE ACTION.• COUNCIL ACTION.• 1/24/2012: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcont.wa.usleouncil. 155 I:/ord/20I2/I.ummiIsland Advisory Committee PROPOSED BY: WEIMER AND BRENNER SPONSORED BY: CONSENT INTRODUCTION DATE: JANUARY 24. 2012 ORDINANCE NO. ESTABLISHING THE LUMMI ISLAND FERRY ADVISORY COMMITTEE WHEREAS, Whatcom County operates the Lummi Island Ferry, which serves as the only public transportation link to Lummi Island; and WHEREAS, the operations of the Lummi Island Ferry significantly affects the people and community of Lummi Island; and WHEREAS, the Whatcom County Council believes that those citizens most affected by county operations and decisions should have a voice in those operations and decisions; and WHEREAS, Whatcom County recently signed a long-term lease with the Lummi Nation to ensure continued operation of the Lummi Island Ferry; and WHEREAS, there are still significant issues remaining to ensure the long term affordability and operation of the Lummi Island Ferry; and WHEREAS, the recent Citizen's Task Force for the Lummi Island Ferry provided valuable professional analysis and recommendations for the ongoing beneficial operation of the Lummi Island Ferry; and WHEREAS, one of the recommendations from the Citizen's Task Force for the Lummi Island Ferry was to create an ongoing Lummi Island Ferry Advisory Committee; and NOW THEREFORE BE IT ORDAINED, by the Whatcom County Council that Whatcom County Code Chapter 2.145, Lummi Island Ferry Advisory Committee, is hereby established as outlined in Exhibit A to this ordinance. APPROVED this day of ATTEST: Dana Brown Davis, Clerk of the Council APPR AS TO M: vil Deputy Prosecutor 2012. WHATCOM COUNTY COUNCIL WHATCON COUNTY, WASHINGTON Kathy Kershner, Council Chair WHATCOM COUNTY EXECUTIVE WHATCON COUNTY, WASHINGTON Jack Louws, County Executive ) Approved ( ) Denied Date Signed: 156 EXHIBIT A (ORDINANCE ESTABLISHING A LUMMI ISLAND FERRY ADVISORY COMMITTEE) Chapter 2.145 LUMMI ISLAND FERRY ADVISORY COMMITTEE Sections: 2.145.010 Established. 2.145.020 Purpose. 2.145.030 Function. 2.145.040 Membership — Term of office. 2.145.050 Organization — Meetings. 2.145.060 Committee staffing. 2.145.010 Established. There is hereby established the Lummi Island Ferry Advisory Committee. 2.145.020 Purpose. The Lummi Island Ferry Advisory Committee provides review and recommendations to the Whatcom County Council and Executive on issues that affect the ongoing operations and infrastructure of ferry service to Lummi Island. The committee also provides a forum for those who depend upon Lummi Island ferry service to voice their ideas and concerns about the ferry service. 2.145.030 Function. To advise the County Council or the Executive on the following functions: A. Review and provide recommendations on proposed changes to ferry operations and fares; and B. Review at least annually ferry revenue and expenditures, ferry fund balance, and actual versus targeted fare return, and C. Assist the County in collecting information from ferry riders on actual and desired ferry services, concerns, and ideas for improved service; and D. Analyze and develop recommendations to continue and improve the cost effective operation of ferry service to Lummi Island; and E. Research, review, and make recommendations regarding ferry replacement, long- term planning, parking, transportation to and from ferry docks, alternative docking locations, alternative funding sources, and other major capital and operational issues regarding ferry service to Lummi Island. 157 2.145.040 Membership - Term of office. A. The committee shall consist of 7 voting members, with at least 5 of them residents or property owners on Lummi Island. A quorum shall consist of at least half of the appointed members. B. The County Council shall appoint the committee members. Member terms will be three years; provided, that the terms of members first appointed will be staggered so that three of the committee members shall be appointed for two years. Members of the committee shall serve without compensation. 2.145.050 Organization - Meetings. A. Meetings of the committee shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. B. At every meeting, the committee will schedule an open session to take public comment on ferry issues. C. Written records of meetings, resolutions, research, findings and recommendations shall be kept and such records shall be public. D. The committee shall adopt its own rules and procedures for the conduct of business. E. The committee shall elect a chairperson from among its members who shall preside at its meetings. F. The committee shall determine its meeting schedule and agenda, but shall meet at least quarterly. G. The committee may form and appoint ad hoc committees to work on specific issues, so long as at least two committee member is also members of each ad hoc committee. H. The committee shall comply with Whatcom County Code 2.03 - Boards and Commissions. 2.34.060 Committee staffing. The committee is encouraged to operate and hold its meetings as independent of county staffing and resources as possible. Staffing and other resources for the Committee shall be requested through the County Executive's Office. All staff time and county resources expended in support of the committee will be considered ferry operation expenses. The committee is authorized to request from the Executive's Office information from administrative departments as necessary. 158 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-089 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: M.A. 21112012 211412012 Planning & Matt W. Aamot E C O 5`\u// n n E D Development Comm. Division Head: Roxanne Michael 21141,2012 Council Dept. Head: Sam RyanoZ ] R FES 2012 U / LU Prosecutor: Royce Buckingham oZ - WHATCOM COUNT'( COUNCIL Purchasing/Budget: Executive: Jack Louws TITLE OF DOCOWNT. Proposed amendments to the Whatcom County Comprehensive Plan and Zoning Ordinance that are to be considered for initiation this year. ATTACHMENTS: 1. Cover letter 2. Proposed Resolution Initiating Comprehensive Plan and Zoning Amendments 3. City of Bellingham letter. Application materials are on file at the Council office. SEPA review required? ( X') Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date ' SEPA wil I be completed on those amendments initiated by the Council prior to final Council action. 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.) Under the Growth Management Act, the County Council is to consider amendments to the Comprehensive Plan no more frequently than once per year (with certain exceptions). Whatcom County Code 2.160.050 indicates that proposed Comprehensive Plan amendments are to be "initiated" for further review by a majority vote of the County Council. Additionally, Whatcom County Code 20.90.030 allows the Council to initiate zoning amendments. Planning and Development Services is forwarding the proposed amendments so that the Council can determine which items to initiate for further review. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on [the County's website at: www.co.whatcom.wa.us/council. 159 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive, - R5 Cct t Bellingham, WA 98226 9097 y 360-676-6907, T1Y 800-833-6384 '•lnya�°� 360-738-2525 Fax FEB 0 3 2012 February 1, 2012 ((��[[�� JACK LOUWS NTY To: Jack Louws, The Honorable Whatcom County Execu'rtiVe- EXECUTIVE The Honorable Whatcom County Council From: Matt W. Aamot, Senior Planner t pl,� Through: Sam Ryan, Planning & Development Services Director Roxanne Michael, Long Range Planning Division Manager RE: Proposed Resolution Initiating Comp Plan & Zoning Amendments Pursuant to state and local law, proposed comprehensive plan and zoning amendments are initiated for further review by the County Council each year. Whatcom County has received the following applications or proposed the following amendments for consideration in 2012. These proposals are grouped together under the heading of comprehensive plan amendments and zoning amendments and are generally shown with higher priority items, as determined by Planning & Development Services management, listed first within each group: Comprehensive Plan Amendments' ✓ Rural element revisions required by the Growth Management Hearings Board decision; ✓ Agricultural Strategic Plan Implementation, including review of the "Rural Study Areas" for possible inclusion in the 100,000 acres of land available for agricultural use under Resolution 2009-040; ✓ Specified Fittings R5A to Rural Industrial & Manufacturing (RIM) amendment; ✓ Six year capital improvement program and level of service amendments; ✓ Whatcom County Comprehensive Plan transportation amendments; ✓ Capital facility planning for the east County; ✓ Mineral Resource Lands (MRL) Expansion - North Star Rd.; and ✓ Establishing interlocal agreements with service providers, such as water & sewer districts, in unincorporated urban growth areas only when needed. Zoning Amendments ✓ Whatcom County Zoning Code (Title 20) review and amendments; ✓ UR-MX zone building size limitations; ✓ Allowing small scale slaughterhouses in the Agriculture zoning district; • Prohibiting commercial kennels in the Rural zoning district; and • Fazon Lake TDR sending area. The Council should determine which of the above applications to initiate for further review in 2012. Initiated applications will be submitted for SEPA review, evaluated 160 by the Planning Department, and go to a public hearing before the Planning Commission prior to returning to the County Council for review. In addition, several projects that were initiated for review in previous years are included in the proposed resolution, as review has not been completed: Comprehensive Plan Amendments' • Mineral Resource Lands (MRL) Expansion - Lummi Island. Zoning Amendments ✓ Lake Whatcom Watershed stormwater and land clearing amendments; ✓ Birch Bay Watershed Action Plan; ✓ Wind Energy Systems; and • Offsite wetland mitigation/habitat restoration. Thank you for your consideration. 1 Comprehensive plan amendments may also include related zoning amendments. ' This comprehensive plan amendment includes a related zoning amendment. The black dot denotes lower priority items, as determined by management. 2 161 Comprehensive Plan & Zoning Amendments, 2/1/2012 Sponsored by: Proposed by: Introduction date: RESOLUTION NO. INITIATING COMPREHENSIVE PLAN AND ZONING AMENDMENTS WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council may consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year (with certain exceptions); and WHEREAS, the provisions of WCC 2.160.050 indicate that Comprehensive Plan amendments are to be "initiated" for review by approval of a resolution by the County Council. WCC 20.90.030 indicates that the Council may also initiate zoning amendments; and WHEREAS, the Whatcom County Planning and Development Services Department has forwarded a docket of proposed Comprehensive Plan and zoning amendments to the County Council for consideration; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates for formal review the amendments shown on attached Exhibit A. APPROVED this day of ATTEST Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: �R � Q t \\�,\ _t� Civil Deputy Prose r 2012. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Kathy Kershner, Council Chair 162 0-0 0-0 0-0 0-0 0-0 Or oz Or Oz Or oz Or Oz or<.. Oz O N O N O N O N O N Ln0 40 W O NO F`O. N N N N N DCC m-an (nC r—Lo (� lC G) O 0) a) a) N' ;aO X' (D o .. z art° (D (D orX C oo 3� (D �(� c�z rt o rt o n a Q w o ar �< — rr. Q Di Q zT ° LO Di ° �n n n� aj 0 zT a) 0 zT o zT aj 0 ° Z)Z)rt Z)Z)rt Z)rt Z)Z)rt o,. 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Within Gundel dwelling/five acres (R5A) to Rural Industrial and the SE 1/4 of and Ken Manufacturing for approximately 1.86 acres located on section 25, T39N, Mann the north side of Smith Rd., west of the Guide Meridian. R2E, W.M. PLN2012- Agricultural Whatcom Resolution 2011-023 was approved by the County Council Proposal relates 00007 Strategic Plan County on 7/26/2011 declaring support for the Whatcom County to Agricultural Implementation Planning Agricultural Strategic Plan. An immediate priority in this and Rural lands plan is to review the Rural Study Areas as listed in the 2007 Rural Land Study and make recommendations for possible changes in accordance with Resolution 2009-040 (100,000 acre target), Resolution 2011-023 (the Agricultural Strategic Plan), and RCW 36.70A.170 and .177. Other immediate and short-term priorities in this plan include developing tools that can be incentives for agricultural operators within the priority agricultural areas, including parcel reconfiguration. All of these activities will begin in the 2012 year, and may lead to proposed changes to the agricultural portions of the Comprehensive Plan and zoning regulations. PLN2012- Small Scale Gabriel Amend the Official Whatcom County Zoning Ordinance to Proposal relates 00008 Slaughterhouses Claycamp allow small scale slaughterhouses in the Agriculture to the Agriculture zoning district. Zoning District PLN2012- MRL Expansion - Ferndale Amend the comprehensive plan designation from Rural to Parcel # 00009 North Star Rd. Ready Mineral Resource Lands (MRL) and amend the zoning 390110 212100; Mix & map to expand a MRL overlay zone on approximately Within the SW 1/4 Gravel 19.7 acres on the west side of North Star Rd., south of of section 10, Brown Rd. 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N O` r r �y — 0 5' X LO 0 m M --I n 0� 7 m N r 5• 0 N r�r rt V' P� -• O 3 rt cn 3 -h rr -0 07 G ,rt l0 r r0r rt '� n p7 O 0 (n rt m m Q N O n 00 '� rt 7 p VI. O �' 1p m (D rt m - 0 0 rt LO 0 rLO rt � � O 0- rt Y U) 0 Q Z m 0 Z D D ko(f)rt D ° Z m T r-r W O `r rn m �Wzy 3 166 File # PLN2012-00006 Specified Fittings (R5A to RIM) V11 Subject Parcel paFO.- PtOOM COG r o ,,``t' -1—F �'as a January 2012 USE OF WNA160M COUNTY S 6i5 OATA IMPIMES THE USEA'S AGNFEMENT WRG 111E dODUWIHG STATEMENT' Whelcpm C",47 dlaulolnrp any"."oly WmertI Ublilly or �ar[aNT ul Tilneaa el Ihle mnp Ior eery parllculae ppipole, a:tt,xr exprev or ImpIIBd No rapr=se wu or �arramy la ma9a wnnminp IN e[[uY Ary,cu.1[y,[ampleleneaaa r qualifypl NJ on Ihia mad. Any., of 1map acuimeaor, —1,h Ml1 Ipr use Ibbreel1 anC WH dammapeees to h1ablibal1W. r 1— Aaanl of Irpm and apxlntl ena tlanece. lava. or Ilabli;lr eY:alm Irpm env pee oltMa meo. Feet 0 137,5275 550 825 1,100 167 File # PLN2012-00009 FORyq�� apC SOOM C004 tiFs^,. 3't' 20/2 MRL Expansion - North Star Rd. .'_. � Subject Parcel January2012 IIExGxWXLGGM .... 'SMSORU-IMSMFxsFx's NGRFlNl Mi WI'!II iilx FGI10..G $[4I{MFNl ®• • • • N • .. r . • Existing MRL WM1llmm GoeNl ANleimeem xme,y v: mer:Mz!alr��f!ar.nziry mrme[s el In!: meo r>aa[rFar;l:mr • • • • • • • • mFllea.Na:eFaetll,e,rve:nn,![melem.m,ae,laa.a[r ani':[eReoueL mo+.m�s�i�.�lo���lanrc!o°!al�sna i. em°. V MIEWnalmm L,eJ x,l r�vintl ae! le . . ....a[ O[v.. nN. vrllevlxle slsina Im�[a,•ru o!!11s nao. Feet 0 235 470 940 1.410 1•B80 168 YN)" File # PLN2011-00009 IVIRL Expansion - Lummi Island V///, Subject Parcel Existing MRL January 2012 % DEE OF W ATCDAA COUNN'S GIS DATA IMPLIE3 ME USER'S _H R.I. W, I Ul. TD.D­. Feet 0 225 450 900 1,350 1.800 169 BELL/� �0 Cy PLANNING AND COMMUNITY DEVELOPMENT DEPARTMENT 210 Lottie Street, Bellingham, WA 98225 Telephone: (360) 778-8300 Fax: (360) 778-8302 TTY: (360) 778-8382 sill NG� RECEIVED January 27, 2012 Matt Aamot LONG RANGE Senior Planner PLANNING DIVISION Whatcom County Planning and Development Services 5280 Northwest nrive, Suite 5 Bellingham, WA 98226 RE: Docket File # PLN2012-00003 Dear Mr. Aamot: Thank you for the. oppprtunity.to comment,on.the proposed docket request to amend Chapter 20.24.161 of the Whatcom County Code (WCC) to reduce .the maximum floor area from 5,000,to 2,500 square feet for non-residential uses within the Urban Residential Mixed (URMX) zoning district. The URMX zoning district is located in Bellingham's Northern Urban Growth Area (UGA) and governed by the jointly adopted Urban Fringe Subarea Plan. This plan. provides the policies intended to ensure that development proposals are consistent with the City's vision for its UGA. The -proposed URMX- amendment is consistent with the adopted Urban Fringe Subarea Plan, including the following policy: 2.18 Commercial uses will be clustered in a single center which is no larger than (2) two acres, excluding areas used for multi -family. The commercial uses shall not exceed 2,500 square feet per building. The Pia��mi► g and Cornmun ty D eveiapr rent Department recormmiends that the County Council docket the proposed amendment for review in 2012. Additionally, the City requests to be a party of record if this proposal is included in the annual docket. Please send any public notice information to: Moshe Quinn, Planning and Community Development Department, City Hall, 210 Lottie Street, Bellingham, WA 98225. If�you have any questions;; please do..not hesitate. to contact :Moshe Quinn,. at 778-8354 or email at mquinn@cob.,org. rely Jeff o Direct r Planning and, Community:Development Department -:I;;. - ..:. ; ... 170 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole January 10, 2012 CALL TO ORDER Council Member Sam Crawford called the meeting to order at 6:30 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, Pete Kremen and Carl Weimer Absent: None SPECIAL ORDER OF BUSINESS 1. ANNUAL REORGANIZATION OF THE WHATCOM COUNTY COUNCIL (AB2012- 021) County Council Chair Knutzen moved to nominate Kershner. The motion carried by the following vote: Ayes: Brenner, Kremen, Crawford, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) County Council Vice -Chair Weimer moved to nominate Knutzen and removed his name from consideration. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Executive Pro-Tempore Mann moved to nominate Weimer. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Flood Control Zone District Board of Supervisors Chair Committee of the Whole, 1/10/2012, Page 1 171 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. (Clerk's Note: Committee acting as the Whatcom County Board of Supervisors.) Mann moved to nominate Kershner. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Finance and Administrative Services Committee Kremen withdrew his name from consideration. Kershner withdrew her name from consideration. Crawford nominated Mann, Crawford, and Weimer. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Health Committee Kershner nominated Kershner, Kremen, and Weimer. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Planning and Development Committee Crawford nominated Mann, Knutzen, and Brenner The nominations to carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Public Works and Safety Committee Kershner nominated Brenner, Kremen, and Mann. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Natural Resources Committee Knutzen nominated Weimer, Knutzen, and Crawford. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Committee of the Whole, 1/10/2012, Page 2 172 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Nays: None (0) Bellingham International Airport Advisory Kershner nominated Crawford. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Council of Governments Knutzen withdrew his name from consideration. Mann withdrew his name from consideration. Crawford stated this is the only group in which a councilmember gets to regularly interact with all the municipalities' elected officials. Kremen nominated Kershner and Crawford. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Developmental Disabilities Board Kershner nominated Weimer. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Drayton Harbor Shellfish Protection District Kremen nominated Weimer. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Flood Control Zone District Advisory Committee Brenner nominated Knutzen. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Intergovernmental Tribal Relations Committee Committee of the Whole, 1/10/2012, Page 3 173 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. LEOFF Kremen nominated Knutzen and Brenner. The nominations carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Crawford nominated Mann. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Local Emergency Planning Committee Weimer nominated Kremen and withdrew his name from consideration. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Marine Resources Committee Knutzen nominated Mann. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Mental Health Advisory Board Knutzen nominated Brenner. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) North Sound Mental Health Administration Brenner nominated Kershner. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Northwest Clean Air Agency Kremen withdrew his name from consideration. Committee of the Whole, 1/10/2012, Page 4 174 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Mann nominated Weimer. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Northwest Regional Council Mann nominated Kershner. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Opportunity Council Weimer nominated Mann and withdrew his name from consideration. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Portage Bay Shellfish Protection District Knutzen nominated Weimer. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Public Defense Advisory Mann nominated Brenner and withdrew his name from consideration. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Public Health Advisory Board Mann nominated Brenner. Brenner withdrew her name from consideration. She nominated Knutzen. Knutzen accepted the nomination. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Committee of the Whole, 1/10/2012, Page 5 175 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Solid Waste Advisory Committee Kremen nominated Brenner. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Substance Abuse Advisory Board Kershner nominated Crawford. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) WSAC Legislative Steering Committee Knutzen nominated Kremen and Kershner. Kershner stated she and Councilmember Kremen would both like to be the appointed councilmember to the steering committee meetings. Kremen stated he served in the legislature for a long time. He still has close working relationships with some of the more influential members of the legislature, members of the WSAC Legislative Steering Committee, the Speaker of the House, Chairman of the Senate Transportation Committee, Chairman of the House Ways and Means Committee, and both gubernatorial candidates. The councilmembers voted for the nominations as follows: Kershner: Kershner, Mann and Knutzen (3) Kremen: Kremen, Crawford, Brenner and Weimer (4) The Committee appointed Councilmember Kremen as the main representative to the WSAC Legislative Steering Committee. Whatcom Transit Authority Knutzen withdrew his name from consideration and nominated Kremen. The nomination carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) OTHER BUSINESS Kershner stated she would respect folks who attend the advertised public hearings and County staff who have to sit in the audience until late hours. She would like to either Committee of the Whole, 1/10/2012, Page 6 176 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. limit Open Session to 20 minutes and move the rest of it to the end of the meeting, or move the Open Session to after the Public Hearings. Mann stated he likes the option of scheduling the Open Session after Public Hearings. Brenner stated she also likes the option of scheduling the Open Session after Public Hearings. Crawford stated he likes the way they schedule it now. The Council and elected officials should give the message to the people that the Council is as open and accessible as possible. Kremen stated he agrees with being open and accessible, but accepting the first 20 minutes of Open Session and deferring the balance of the Open Session to the end of the meeting still affords open access and still considers the people and staff who come for the agenda items. Kershner moved to change the regular Council agenda schedule so that the Public Hearings are scheduled before the Open Session. Kremen stated that staff will have to stay to the end of the meeting. Mann stated they are only changing the order of the Public Hearing and Open Session. The nomination carried by the following vote: Ayes: Kremen, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Crawford (1) ADJOURN The meeting adjourned at 7:05 p.m. The Council approved these minutes on , 2012. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Acting Committee Chair Committee of the Whole, 1/10/2012, Page 7 177 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council January 10, 2012 CALL TO ORDER Council Chair Kathy Kershner 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, Pete Kremen and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:07:16 PM) Crawford recognized and thanked retired County Auditor Shirley Forslof and former County Executive Pete Kremen for their years of service to Whatcom County. Forslof thanked the County Councilmembers. Kremen thanked the Councilmembers. Kershner announced that the Committee of the Whole addressed it's Annual Reorganization of the Whatcom County Council (AB2012-021) during the Committee of the Whole meeting. She thanked the County Council staff and Judge Ira Uhrig for the Oath of Office Ceremony. SPECIAL PRESENTATION 1. COUNTY EXECUTIVE JACK LOUWS TO GIVE INTRODUCTORY REMARKS TO THE COUNCIL (AB2012-017) (7:13:23 PM) Jack Louws, County Executive, stated he congratulates Councilmembers Brenner, Crawford, and Kremen for their election or reelection to the Council. He spoke about his family's history with Whatcom County government and his goals as the new County Executive, which include his plans for the Deputy Administrator position, a County Code review, making a new jail a reality, revising the right -to -farm ordinance, and the biennial budget for the next two years. Whatcom County Council, 1/10/2012, Page 1 178 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. MINUTES CONSENT (7:19:46 PM) Knutzen moved to approve the three Minutes Consent items. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SURFACE WATER WORK SESSION FOR NOVEMBER 15, 2011 2. REGULAR COUNTY COUNCIL FOR NOVEMBER 22, 2011 3. REGULAR COUNTY COUNCIL FOR DECEMBER 6, 2011 OPEN SESSION (7:20:13 PM) The following people spoke: • Bob Burr spoke about his recent experience in the Whatcom County jail. • T. King spoke about the Occupy Bellingham eviction from Maritime Heritage Park and the County jail system. • Elizabeth Kilanowski submitted a handout (on file) and spoke about the Whatcom Watershed Information Network. • Wendy Harris spoke about the County's plans to protect the environment in the future. • Shane Roth spoke about his application for the Planning Commission. • Charles Law spoke about the need for public debate and comment and about a mineral resource land (MRL) on Aldrich Road (AB2011-435) being removed from the Council agenda. • Ronna Loerch spoke about councilmember comments regarding the Cascadia Weekly, Caitac, and the clean up of Occupy Bellingham movement in the park. • Yoshi Revelle spoke about unearned income and resources and society's over- consumption. • Karen Weill spoke about appointing Shane Roth to the Whatcom County Planning Commission. • (Clerk's Note: The speaker following Karen Weill requested that his/her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Ken Carrascl submitted a handout (on file) and spoke about electric cars and renewable energy for transportation. • Kathy Berg submitted a handout (on file) and spoke about the new Implementation Subcommittee of the Birch Bay Steering Committee to address the Birch Bay Subarea Plan. • Doralee Booth spoke about the Waterfront Group at Birch Bay. • Scott Hackett spoke submitted a handout and spoke about the Washington State Grange. Whatcom County Council, 1/10/2012, Page 2 179 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. • Steve Seymour spoke about his application to the Whatcom County Flood Control Zone District Advisory Committee. • Bonnie Barker spoke about her recent treatment by the Bellingham Police Department and the County jail staff. • Larry Helm spoke about the effect of an Occupy Bellingham event on area businesses. • David Haggith, Washington State Dairy Federation, spoke about the Federation's endorsements of specific citizens from the dairy industry who've applied for citizen committee vacancies. • Larry Williams spoke about the energy crisis. • Chet Dow spoke about reappointing Gary Honcoop to the Whatcom County Planning Commission. • Joan Dow spoke about reappointing Gary Honcoop to the Whatcom County Planning Commission. PUBLIC HEARINGS 1. RESOLUTION IN SUPPORT OF PARTICIPATION IN THE VOLUNTARY STEWARDSHIP PROGRAM CONSISTENT WITH RCW 36.70A.710 (AS AN ALTERNATIVE APPROACH TO CRITICAL AREAS PROTECTION FOR AGRICULTURAL ACTIVITIES) (AB2011-279C) (8:07:56 PM) Kershner opened the public hearing, and the following people spoke: Karl Uppiano, stated the citizens of the county must not lose their capacity for self- determination through its direct and accountable local government processes. The House Bill is written from the State's perspective. Opting in to the program would muddy jurisdictional boundaries and add an unnecessary layer of complexity to local planning efforts. Direct control could be irretrievably lost. Opting in isn't required or necessary. The Council can decide to not opt in. Opting in to the program is intended to increase the State's input into local planning efforts that would seek to remedy any perceived shortcomings or results. The United States was designed as a federation, a hierarchy of governments. Control shouldn't become too concentrated. The Growth Management Act (GMA) emphasizes the necessity to facilitate regional circumstances and preferences. Preserve natural resources without forfeiting local rights. Ellen Baker stated the program interests would extend jurisdiction -wide. If the County opts in to the program, a small watershed could become a countywide concern. It could become very complicated. There's not direct control, so things could happen that they don't intend. The State can modify this legislation in the future. If the County opts in, it could become embroiled in something over which the State has control. George Boggs, Whatcom Conservation District, referenced letters from the District's Board (on file) and stated they support opting in to the voluntary stewardship program. They must find a better way to harmonize and protect agriculture and critical areas. The community is in conflict now about where individual property rights and a community's responsibility begin. Every farmer has affirmed they want clean, abundant supplies of water. If they are having a negative impact, they want to fix it, as long as it's practical. The program offers the community an opportunity to come together. They need to achieve Whatcom County Council, 1/10/2012, Page 3 180 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. a better understanding of the importance of agriculture and critical areas. Recognize the potential conflict between the two, and identify what can be done to accommodate both. The community must reach consensus, which it hasn't done now, about when it's an individual's responsibility to take protective actions versus when it's necessary for the community to provide assistance to maintain viability of farmers and ranchers, when taking extraordinary steps to enhance and protect critical areas are necessary. This is a local process. The work plan is developed and submitted to the Commission, which can only say that the plan is inadequate and send it back. The County doesn't lose local control if it does or doesn't concur. Greg Brown stated he is opposed to opting in to the program. He agrees with previous speakers. They need to solve conflicts internally. They don't need the State involved. It's the County's job to determine whether a plan is adequate. Don't opt in to the program. Shannon Moore stated he supports opting in to the program. It's a good solution. Give it a try. There is a lot of room for the farm community to participate. Many farmers want to be good stewards and good farmers. It's a good concept. He does conservation work every day. Over the past 20 years, he's seen many changes in the way farmers work as good stewards. Lindsay Taylor, ReSources North Sound Bay Keeper Team, stated she recommends that the County not opt in to the program. The current critical areas ordinance (CAO) is adequate for protecting farmland and critical areas from harmful impacts. The Conservation District staff complements the CAO by offering numerous workshops, tours, presentations, site visits, and assistance with farm plans. If more citizens volunteered to implement the improvements and best management practices suggested by the Conservation District, the water resources would not be so compromised, and the County would not be faced with making this complicated decision. Only 80 landowners voluntarily requested a farm plan from the Conservation District from December 2008 to December 2010. Ranches and dairies along streams do not farm plans or adequate stream buffers despite the numerous volunteer opportunities. The volunteer stewardship program is a volunteer -based system. If volunteerism in Whatcom County continues at this rate, which is about five percent, they will continue to have compromised waters in the future. If the County opts in to the program, it will take years to identify priority watersheds, evaluate species and habitats, organize and oversee watershed groups, and take the steps outlined in the program. The voluntary stewardship program states that the watershed groups must provide measurable benchmarks within ten years of funding. The funding is uncertain. A delay of ten years or more is unacceptable. There is no difference between the goals of the program and the CAO. Opportunities are already in place. Volunteer levels won't change with the program, because the incentives aren't any different. The program doesn't include enforcement for buffers and water quality violations. They have documented ongoing agricultural pollution from manure draining into water courses. This has been happening for years despite education programs. Although education and volunteerism are important, they can only accomplish part of the job. Critical areas are critical in providing clean water and air. Don't replace the CAO and Conservation Program on Agricultural Lands (CPAL) programs with a volunteer -based system, because there aren't enough volunteers. Scott Hackett, Whatcom County Granges President, stated they are opposed to the opting in to the volunteer stewardship program. The County has a working CAO. Other Whatcom County Council, 1/10/2012, Page 4 181 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. counties considering opting in don't yet have a CAO. The program's output and costs are undefined. They don't know what they're getting into. Counties want to opt in to protect themselves from environmental lawsuits. However, several groups are planning to sue Whatcom County anyway, because this is a voluntary program. Roger Almskaar submitted a handout (on file) and stated he speaks on behalf of the Whatcom County Chapter of the Citizens Alliance for Property Rights. A Ruckelshaus report done two years ago compared the efforts of all 39 counties in dealing with agriculture and critical areas. A conclusion of the report was that 33 of the 39 counties have exempted or conditionally -exempted agriculture. Whatcom County went far beyond that with its buffers, fences, and other requirements. They must do a much better job of writing and implementing the critical areas ordinance. He read from his handout about the reasons for not opting in to the program. It isn't necessary to involve the State. The program is too complex. There would be a lack of local control. Local plans will be subject to legal challenges. The funding is insufficient. He is in favor of the Executive's proposal to do a code scrub. Donna Shaw stated opt out of the program. There hasn't been enough time for a public discussion. The issue has been very contentious for five years. Ceding County authority to the State is an issue that needs more discussion. The State will let the County opt in later if that's what the County wants. The Birch Bay stormwater district only has one person on the board who lives in the Birch Bay area. There are two County employees, two members of the Sierra Club, two members from ReSources, one employee from British Petroleum (BP), and one person who lives in the Birch Bay/Terrell Creek area. The rest all live in Bellingham. Don't take control further away from local property owners by turning it over to the State. Dan Wood, Washington Farm Bureau, stated he filed the last three property rights initiatives in the state. It's a misunderstanding of the property rights movement to suggest the voluntary stewardship program is harmful to property rights. It's not about a choice to opt out of the Growth Management Act. They tried, but was not able to get it through the legislature. Therefore, they created a voluntary stewardship program that 35 agricultural organizations have supported. It protects the property rights of farmers and also makes it safe to address the needs of critical areas. Under the old system, which will be in effect if the County doesn't opt in to the program, the County will have to review and revise the CAO related to agricultural activities. The County will likely be sued, because some people don't think they are regulating agriculture enough, and some people want CPAL to go away. There is no funding from the State to deal with that. The old system has regulatory approaches, appeals to boards and courts, and court orders. They could regulate away the ability of farmers to use their lands, and it's an unfunded mandate. The new program is voluntary. There are no appeal provisions. The appeals under the GMA are tied to Revised Code of Washington (RCW) 36.70A.040. This program is an alternative to that. There are no court orders under the program. Agricultural activities are protected. The County doesn't have to move forward unless it receives funding. The program includes a process to identify where agriculture is harming critical areas and the environment, so they can fix it with voluntary measures. The GMA doesn't include credit for voluntary efforts. Skip Richards stated the claims from the previous speaker have no legal force and effect. There is no accountability or liability. The Act, once passed, vests all that authority in the State Conservation Commission. Many questions remain unanswered. The Act is Whatcom County Council, 1/10/2012, Page 5 182 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. complex. County legal counsel contradicted the claim of coverage against lawsuits. He submitted questions to the Conservation Commission two months ago, and has heard nothing back. The Conservation Commission hasn't updated its website since August 16. He's not the only person who has raised these questions. Move on with the substance of the CAO first, and then maintain a harmonious relationship between the natural environment and human activity. He recommends the County not opt in to the program. Wendy Harris stated she is opposed to the program due to funding and timing issues. They don't have the luxury of time. They have severely degraded watersheds, including Drayton Harbor. She is concerned that the program will cause more delays. If funding doesn't come, they will have done nothing but waste more time and allow more degradation to occur. The water resources inventory area (WRIA) process indicated that there are problems with working together and finding consensus in handling water quality issues. This program will be just as contentious. However, it's important to acknowledge that the existing CAO doesn't work. Neither of the two options will really work. It's important to move to option three, which is making the critical area work. The CAO doesn't work because it isn't funded or enforced. They need more regulation, which is expensive. It's appropriate for the County to subsidize environmental protection on farmland, because they want food and the farmers to have a profit. It's just as important to protect the environment. Ronna Loerch stated a local farmer told her that he has an enormous number of regulation layers, including 12 State permits and 12 federal permits, just to run his farm. He doesn't operate with a profit. The CAO needs work. She trusts the farmer's desire to not opt in to the program. Larry Helms stated he is a farmer. The bill doesn't say who will be appointed to the committee or what the committee will do. It doesn't describe the costs. Don't opt in to something that is bad government. Demand a better deal from the legislature. The farming community has the knowledge, facilitators, and resources to do whatever they want to make these decisions. The question is whether they have the will. They don't need Olympia to make decisions for the County. Hearing no one else, Kershner closed the public hearing. Mann stated he supports not opting in to the program. Knutzen moved to opt in to the voluntary stewardship program with option that includes all of water resources inventory area (WRIA) 1. It is a very complicated bill that is hard to understand and read. He is left with the question of who he trusts. He's talked to most of the agricultural community and their organizations, who say the County should opt in to the program. The agricultural community is under attack in many ways. Do whatever they can to sustain the agricultural community. Peter Gill, Planning and Development Services Department, stated the resolution for alternative three is to opt in for all of WRIA 1. Knutzen asked if the Council would designate the priority watersheds after the County opts in to the program. Gill stated opting in is nominating it as a priority watershed. Whatcom County Council, 1/10/2012, Page 6 183 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Crawford stated the County legal counsel met with the Council today and said he was confused as to why there is a claim that there is not going to be an opportunity for appeal. He read from RCW 36.70A.280(1)(c). He asked Dan Wood, Washington Farm Bureau, about the possibility of appeals. Wood stated the appeals in general under the Growth Management Act are tied to RCW 36.70A.040. This bill is an alternative to RCW 36.70A.040, so they take away the basis and provision for appeal. They also included language in the legislation that says this is not appealable under the State Environmental Policy Act (SEPA). The staff of the Washington State Association of Counties has the same interpretation. The specific language in RCW 36.70A.280 has to do with options for the County if it first opts in to the voluntary stewardship program, and then come out of the program. The County has options that it wouldn't have if it doesn't opt in to the program in the first place, including the option to choose a model from amongst the existing upheld CAOs of four counties, including Whatcom County's CAO. Whatcom County can only choose one of those CAOs if it was first a county participating in the voluntary stewardship program, and then come back out of the program. They are basically back in to the system as it is now, with a few more options. If the County chooses the Whatcom County model after coming out of the program, one of the questions that can be appealed is whether there is enough similarity between Whatcom County and Whatcom County, to where it's regionally applicable. They are limited to that one appeal if they choose the Whatcom County model. Another option is if Whatcom County chooses its own CAO, and asks the Department of Commerce to first certify it. Then the State will defend an appeal. Crawford asked Mr. Wood to explain what specific legislation that says the County isn't going to be subject to the kind of litigation that it is today, without being in the program. Wood stated anyone can file a frivolous lawsuit, even if there is no basis for it. Eric Johnson has been clear about saying it doesn't mean someone is restricted from filing a claim. However, there is no basis for a claim under the program. They've taken away the appeal process by moving it from RCW 36.70A.40 to the alternative to RCW 36.70A.040. The legislation doesn't specifically say one can't appeal, but there is no provision for appeals. Language was added that this isn't appealable under SEPA. Brenner stated she is against the motion. Everyone seems sincere. SEPA is only one part of the law. The Council decision can be and will be appealed. She has no confidence that the State will defend the County. The State can refuse to say that the plan is adequate. She doesn't trust the State. She trusts local government more than the State. There's no such thing as free money. If the County gets the money, it will be required to do much more. Many farmers are so desperate that they hope it will work. Farmers have been treated horribly. The County has prioritized agricultural land, but not farmers. They need to work on that. This is an opportunity to fine-tune the existing critical areas ordinance. The County will get sued no matter what. She would rather make the decisions locally. Kremen stated he has many reservations about this proposal. The objectives and goals are laudable. He commends the maker of the motion for his steadfast and unwavering support of agriculture during his time on the County Council. However, this proposal is a false expectation with a lot of unknowns. He has concerns about local control, the State of Washington, and accountability. Therefore, he won't support the motion. He does respect Councilmember Knutzen for championing agriculture in the community. Whatcom County Council, 1/10/2012, Page 7 184 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 he agrees with Councilmembers Brenner and Kremen. This will be a lot of time consuming and wasteful paperwork, which is the last thing that farmers need. It will be expensive. The funds won't ever materialize. Any time and energy the County puts into it now will be for nothing, even if they opt in to the program. There are too many unanswered questions. The Council must know what it's dealing with. The loss of local control is a big concern. He likes having local control. They may have disagreements, but they are local disagreements. Everyone knows who they're dealing with. There is benefit to that. They do want to support agriculture, and many agricultural groups support this program. However, there are complexities and unknowns. He's not confident the benefits exist. He's not willing to do this right now. He credits Greg Brown for bringing this forward in the first place and for creating awareness, concern, and scrutiny. Weimer stated the environmentalists, Tribes, and property rights advocates are all saying the County should not opt in to the program. He congratulates the Ruckelshaus people for bringing all those groups together. He is against the motion. He lived through the WRIA process. Good things came out of that process. To a great degree, it was a State -led process that cost the County much more than the value of the benefits the County received. The same thing will happen here. The State promises the County $100,000 or $150,000 per year, which isn't nearly sufficient to accomplish this work. It will create a false expectation that the County will be able to help farmers with more than the money will provide. The CAO currently is being used as an example in the Ruckelshaus program of what other communities ought to adopt to be in compliance. The County already has this in place and a method for tweaking this and allowing farmers to have flexibility. The Agricultural Advisory Committee provided the County with a list of things it wants the Council to work on. This was not on that list. This program will divert the Council from working on those items on the list. He will not support the motion. Knutzen stated he supports the motion. He's heard repeatedly about local control. The farmers have the State Department of Ecology, State Department of Fish and Wildlife, the Department of Agriculture, and the Conservation Districts telling them what they have to do. The program does provide local control. The agricultural community has done their research and hired their own attorney to research this bill. The councilmembers are saying they don't understand the bill. The farmers hired someone who understands it to talk to the councilmembers. The farmers brought someone here who was involved in the process. Now the Council is saying it still doesn't understand the program. Trust the local community and what they advise the Council. The County won't get this opportunity again. It must decide by January 22. Many different agencies, including the Environmental Protection Agency (EPA), are already telling these farmers how to do their jobs. Support the motion. Brenner stated those State agencies will still be involved. The federal agencies will still be involved. The County can't tell the federal agencies to not be involved. The hardest thing to accept is the rush to get this done. The Council has had little time to look at the program. She's suspicious of the motives and timing. Whatcom County Council, 1/10/2012, Page 8 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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 supports the motion with some reluctance and concern. The Council's legal counsel has expressed concerns about one of the advertised benefits of the program, which is the potential for less litigation. Having worked with the Farm Bureau, he's committed to them that he would respect their recommendation about opting in. They hired a respected attorney who advised the Farm Bureau that the legislation is okay. The County Council tried for a long time to get funding for the CPAL farm plans. The other advertised benefit is that the County will receive badly -needed funding. Some of these farming families have been here for over 100 years. Financial assistance for the plan evaluations will be helpful to the farmers. Nothing applies until the County receives the funding. If the County opts in, but doesn't see results, it can opt out after two years. Whatcom County's plan is a model plan for the other counties. The Hearing Board has turned into a frustrating political appointment game that doesn't work well. If any of this ends up in court, a judge would have a hard time looking at the initial legislation that points to the current CAO and say the County doesn't meet the expectations and should therefore be sued. He will support the motion. Knutzen stated Futurewise supports the program. Some in the environmental community do support the program. There is an evenly -divided opinion. The motion failed by the following vote: Ayes: Crawford and Knutzen (2) Nays: Kremen, Brenner, Weimer, Mann and Kershner (5) OTHER ITEMS 1. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TO ALLOW ELECTRIC VEHICLE INFRASTRUCTURE (AB2011-431) (9:04:40 PM) Knutzen reported for the Planning and Development Committee and moved to adopt the ordinance. Crawford stated he is in favor of the ordinance. It's a great thing. Given the changing times and potential Code scrub, they should allow other things in many of these zones. This change makes sense. Brenner stated she supports the ordinance. Any Code scrub should say, in every section necessary, any use not mentioned in the Code is allowed. There is no way they can keep up with everything, including really good environmental solutions. They violate the law all the time without knowing it. Make sure that people aren't violating the law just by doing something if it's not in the Code. Mann stated he supports the ordinance. He would like to see a more permissive proposal come out of the Planning Commission. It's reasonable to have these charging stations in other places. Given the time it takes to fill a car with gas versus to charge a car, someone would need a station larger than a typical gas station. It's fine as it is now. They won't need charging stations on every corner soon. If they see a need for more charging stations, they can change the Code. Adopt the ordinance. The motion carried by the following vote: Whatcom County Council, 1/10/2012, Page 9 :• 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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: Kremen, Crawford, Brenner, Weimer, Mann and Kershner (6) Nays: None (0) Absent: Knutzen (out of the room) (1) 2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN MAP AND ZONING MAP TO REMOVE A MINERAL RESOURCE LANDS (MRL) ZONING OVERLAY FROM THE EXISTING RURAL (11110) ZONE AND CHANGE THE MRL DESIGNATION TO RURAL FOR APPROXIMATELY 90 ACRES ON ALDRICH ROAD (AB2011-435) (Clerk's Note: This item was withdrawn from the agenda.) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON COUNTIES INSURANCE POOL AND COUNTIES AND OTHER LOCAL GOVERNMENT ENTITIES FOR THE PURPOSE OF JOINT PURCHASE OF INSURANCE AND FOR FUNDING OF SELF -INSURED BENEFITS FOR EMPLOYEES AND THEIR DEPENDENTS (AB2012-034) (9:08:17 PM) Crawford moved to approve the request. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF HEALTH TO PROVIDE STATE AND FEDERAL FUNDING FOR THE OPERATION OF VARIOUS HEALTH DEPARTMENT PROGRAMS, IN THE AMOUNT OF $1,401,597 (AB2012-035) (9:08:59 PM) Kremen moved to approve the request. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BENNETT ENGINEERING TO PROVIDE REQUIRED MONITORING SERVICES FOR THE CEDARVILLE AND Y ROAD LANDFILLS, IN THE AMOUNT OF $46,290 (AB2012-036) (9:09:37 PM) Crawford moved to approve the request and asked the Chair to read an email from John Hutchings from the Public Works Department. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 1/10/2012, Page 10 187 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 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. RESOLUTION ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO YEARS OLD FROM THE WHATCOM COUNTY JAIL INMATE TRUST FUND (AB2012-038) (9:11:17 PM) Crawford moved to approve the resolution. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. ORDINANCE REPEALING WHATCOM COUNTY CODE CHAPTER 2.65, ELECTION PRECINCT OFFICERS (AB2011-432) (9:11:43 PM) Crawford moved to adopt the ordinance. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 8. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2012) (AB2011-389) (9:12:35 PM) Kershner thanked everyone who applied to serve. Birch Bay Shellfish Protection District Advisory Committee (Clerk's Note: See the attached voting tally.) The Council appointed Bradley Carter. Board of Equalization - District 2 (Clerk's Note: See the attached voting tally.) The Council appointed Sonya Merk. Horticulture Pest and Disease Board Crawford moved to appoint Brian Ciesler and John Davies by acclamation. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Planning Commission - District 2 (Clerk's Note: See the attached voting tally.) Whatcom County Council, 1/10/2012, 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. The Council appointed Gary Honcoop. Solid Waste Advisory Committee Crawford moved to appoint Marjorie Ann Leone. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Surface Mininq Advisory Committee Brenner moved to appoint James F. Carr, Chris Hatch, and Jason Vander Veen by acclamation. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 9. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM) ADVISORY COMMITTEE, AND THE THREE FLOOD SUBZONE ADVISORY COMMITTEES FROM ACME/VAN ZANDT, LYNDEN/EVERSON, AND SUMAS/EVERSON/ NOOKSACK: VARIOUS APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2012) (AB2011-389A) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Flood Control Zone District Advisory Committee - Impacted Cities Knutzen moved to appoint Robert Bromley and John Perry by acclamation. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Flood Control Zone District Advisory Committee - Geographic Areas (Clerk's Note: See the attached voting tally.) The Board of Supervisors appointed Scott Bedlington, Steve Seymour, and Dan McShane. Flood Control Zone District Advisory Committee - Special Districts (Clerk's Note: See the attached voting tally.) The Board of Supervisors appointed Ron Bronsema and Harry Williams. Whatcom County Council, 1/10/2012, Page 12 i• 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. Birch Bay Watershed and Aquatic Resource Management (BBWARM) Advisory Committee Crawford nominated Carter, Garman, and Inloes. He asked if applicant Scott Inloes meets the residency requirement of the position, or if the applicant is a British Petroleum - (BP) represented position. Kathy Berg stated BP is a part of BBWARM Advisory Committee. They originally had an employee who was very qualified for this kind of work on the Advisory Committee. It's appropriate to carry on the tradition of allowing BP to be represented. Crawford asked if there is already a BP representative on the Advisory Committee, and this would be a second seat for BP. Berg stated she doesn't believe so. Crawford stated there was testimony that most people on the Advisory Committee don't live in the area. He asked if that is correct. Berg stated she doesn't know about the resident requirements. Crawford stated the address on Mr. Inloes' application is the business address for BP. He has questions, given the concern raised earlier, but he doesn't know if that's true. Berg it's not true that all the committee members live in Bellingham. Everyone knows they work for BP. She doesn't know their personal residences. Brenner asked if Bradley Carter lives in the area. Crawford stated he does. Brenner asked if there is a problem with the appointment if a person doesn't live in the district. Karen Frakes, Prosecutor's Office, stated she can look at the ordinance. Brenner moved to hold these appointments in Council until the Council receives answers. The motion failed by the following vote: Ayes: Brenner and Kremen (2) Nays: Crawford, Weimer, Knutzen, Mann and Kershner (5) Crawford voted for Garmen and Inloes. Kremen asked how the Council can proceed if it's unclear or unknown whether the applicant must reside in the district. Frakes stated she can look at the ordinance. (Clerk's Note: Discussion of this item continued later in the meeting.) Acme/Van Zandt Flood Subzone Advisory Committee (Clerk's Note: See the attached voting tally.) Whatcom County Council, 1/10/2012, Page 13 190 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The Board of Supervisors appointed John La Monte and Galen Smith. Lynden/Everson Flood Subzone Advisory Committee (Clerk's Note: See the attached voting tally.) The Board of Supervisors appointed Ron Bronsema and Jeff De Jong. Birch Bay Watershed and Aquatic Resource Management (BBWARM) Advisory Committee (Clerk's Note: Discussion of this item is continued from earlier in the meeting.) Dana Brown -Davis, Clerk of the Council, stated the ordinance regarding residency requirements isn't clear. She prefers that the Council hold appointments until they can review the ordinance. Brenner moved to hold in Council the Birch Bay Watershed and Aquatic Resources Management appointments. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen and Kershner (6) Nays: Mann (1) 10. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS AND REAPPOINTMENTS TO THE BOARDS AND COMMITTEES IN PREPARATION FOR THE YEAR 2012 (AB2012-037) (9:41:15 PM) Brenner moved to confirm all the appointments by acclamation. Weimer asked if these appointments are being made by Executive Louws or former Executive Kremen. Jack Louws, Executive, stated he hasn't had the opportunity to meet with the applicants, so the appointments are the work of former Executive Kremen. He defers to Mr. Kremen, who has done a good job of vetting these people. He looks forward to working with the appointees. Weimer asked if he could see the names of all the people who applied, not just who is appointed, in the future. Kremen stated that in most cases, these were sole applicants. A couple of the positions had one or two other applicants. That's been the case for the 16 years during which he was County Executive. Brenner read the committees and the names of all the appointees. Kremen asked if he has to abstain or if he is able to vote. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Whatcom County Council, 1/10/2012, Page 14 191 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. Nays: None (0) APPROVAL OF COMPREHENSIVE PLAN AMENDMENTS 1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND ZONING MAPS TO CREATE A MINERAL RESOURCE LANDS DESIGNATION AND ZONING OVERLAY OFF OF DORAN AND BOWMAN ROADS IN THE SOUTH FORK NOOKSACK VALLEY, SOUTH OF ACME (AB2011-232) (Clerk's Note: This item was withdrawn from the agenda.) 2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN MAP AND ZONING MAP TO REMOVE A MINERAL RESOURCE LANDS (MRL) ZONING OVERLAY FROM THE EXISTING RURAL (R10) ZONE AND CHANGE THE MRL DESIGNATION TO RURAL FOR APPROXIMATELY 90 ACRES ON ALDRICH ROAD (AB2011-435) (Clerk's Note: This item was withdrawn from the agenda.) 3. MOTION AND VOTE TO APPROVE THE ABOVE -ADOPTED COMPREHENSIVE PLAN AMENDMENTS CONCURRENTLY (AB2011-104) (Clerk's Note: This item was withdrawn from the agenda.) INTRODUCTION ITEMS (9:46:27 PM) Brenner moved to accept the Introduction Items, including a substitute for Introduction Item one. The motion carried by the following vote: Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AMENDING 2012 WHATCOM COUNTY BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $961,6 -,`_�9 $1,189,558 (AB2012-039) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.14 WIND ENERGY SYSTEMS (AB2011-223) 3. ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE TO GEORGIA MANOR WATER ASSOCIATION TO ALLOW FOR THE PROVISION OF WATER TO ASSOCIATION MEMBERS, APPLICATIONS FOR SAME HAVING BEEN FILED BY LINNEA G. SMITH, AUTHORIZED AGENT, RECEIVED BY COUNCIL 5/4/11 (AB2011-181) Whatcom County Council, 1/10/2012, Page 15 192 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 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. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED (AB2012-040) OTHER BUSINESS Kershner stated that on future Council agendas, public hearings items will be scheduled before the open session. Public hearings are announced to the community, and many community members come to speak at the hearings. Also, many county staff members attend to give staff reports for those items. The change respects the community members who come to speak on those items. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Kremen stated he commends Councilmember Kershner for doing an excellent job chairing the first Council meeting of her term as Council Chair. ADJOURN The meeting adjourned at 9:49 p.m. The Council approved these minutes on , 2012. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Whatcom County Council, 1/10/2012, Page 16 193 0 0 Z 0 3. O O 3 v n n m a a' 0 _ 0 0 I o I0 X = m x O o I0 X 3 fD F o f X ) 0 a � 0 m CD X fD CD X m X 3 7 N A W v Z 0 3 m m a 6 'G L97 O j 194 75 `.< o 3 CDCD� �. CL cn Hd M W 0 m m 3 m x x; 33 m v 3 W 0 7 CD N x3 0 CD m 3 v m xx3 ID ID N 195 C IC ICD ��=3 omim W p W y 0 3 o cn v m 3 m d xx O a W p W o m o 0 o a v � CD=) n 3 m �X�X�Mll A Ol OII--A N OW O a O h c CD O U) D _O rr m 3 N O N O 3 N D N O 3 3 W 00 CD D a� c� CD L 196 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 January 24, 2012 CALL TO ORDER Council Chair Kathy Kershner called the meeting to order at 6:00 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, Pete Kremen and Carl Weimer Absent: None 1. STRATEGY PLANNING DISCUSSION AND POSITIONS TO BE TAKEN REGARDING COLLECTIVE BARGAINING (AB2012-018) 2. DISCUSSION REGARDING POTENTIAL PROPERTY ACQUISITION FOR THE FLOOD CONTROL ZONE DISTRICT (AB2012-018) (Council Acting as the Whatcom County Flood Control District Board Of Supervisors) 3. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING PENDING LITIGATION (AB2012-018) Kershner stated that discussion of agenda items one, two, and three will take place in executive session pursuant to RCW42.30.110(1)(i), (4)(a), and (1)(b). Executive session will conclude no later than 7:00 p.m. If the meeting extends beyond the stated conclusion time, she will step out of the meeting to make a public announcement. Crawford moved to go into executive session until no later than 7:00 p.m. to discuss the 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, Kremen and Weimer (7) Nays: None (0) OTHER BUSINESS ADJOURN The meeting adjourned at 6:59 p.m. The Council approved these minutes on , 2012. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Committee of the Whole, 1/24/2012, Page 1 197 1 2 3 4 5 6 7 8 9 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 Jill Nixon, Minutes Transcription Kathy Kershner, Council Chair Committee of the Whole, 1/24/2012, Page 2 WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2012-064 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori 'nator: SM 1/6/12 2� 2�� p � ID R LC LC v 1124112 Introduction Public Hearing 2114112 Division Head: JAN .1 7 2017- yy HA'7 CDIVI COUNTY COUNCIL Dept. Head: Prosecutor: Purchasing/Budget: Executive: TITLE OF L r NT ommunity Development Block Grant Closeout — Kulshan Community Land Trust Affordable Housing Grant ATTACHMENTS: Memorandum; Summary Project Report SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: February 14, 2012 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.) Whatcom County received a CDBG General Purposes Grant from the State of Washington's Department of Commerce in the amount of $500,000. A final public hearing is requested in accordance with the grant requirements and in order to receive community input on this grant -funded project. A Final Grant Closeout Report and Final Budget must be completed and submitted to Dept. of Commerce before year end, and the County Executive respectfully requests Council's authorization to sign and submit the Report. Recommended Legal Notice Language: NOTICE IS HEREBY GIVEN that a public hearing will be held by the Whatcom County Council in the Council Chambers, 1" Floor, 311 Grand Avenue, Bellingham, WA on Tuesday, February 14th at 7:00 p.m. The purpose of the hearing is to invite community input on the recent Community Development Block Grant Whatcom County received from the State of Washington's Department of Commerce. This grant was utilized in partnership with the Kulshan Community Land Trust to acquire land for their Home Ownership Opportunities Program, for the benefit of low and moderate income homeowners in Whatcom County. This is an ongoing project and the grant contract period is now nearing completion. Additionally, 2012 CDBG funding is available, and Whatcom County invites potential applicants to present eligible project proposals. Up to $1 million may be available to the county on a statewide competitive basis to fund public facility, housing, economic development, or community facility projects that principally benefit low and moderate income persons. Whatcom County will serve as the lead agency and partner with a local non-profit, district or other local jurisdiction in the application process. For more information, contact the County Executive office, County Courthouse, at 676-6717. COMMITTEE ACTION. COUNCILACTION: 1/24/2012: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing 11 on the County's website at: www.co.whatcom.wauslcouncil. 199 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 389 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 11/16/2011 1/10/2012 Council Division Head. - Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. New Year Appointments to FCZD Advisory Committee and Subzones 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.) Council acting as the Flood Control Zone District Board of Supervisors COMMITTEEACTION: COUNCIL ACTION. 1/10/2012: Council appointed various positons. BBWARM appointments held in Council 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. 200 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360) 676-6690 (360) 738-2550 Fax (360) 738-4555 TTY �GpM CO f WHATCOM COUNTY COUNCIL COLINCIL-APPOINTED BOARDS AND COMMISSIONS VACANCIES COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT ADVISORY (BBWARM) COMMITTEE 2 Vacancies, current members eligible to reapply, four year terms. Applicants must live within the district boundary. The BBWARM Committee assists the residents of the area and the Flood Control Zone District Board of Supervisors with implementing the BBWARM District. Committee members geographically represent a broad spectrum of stakeholders from within the BBWARM District boundaries. Generally meets on the third Wednesday of every month. Applicants: • Bradley C. Carter • Tom Fenton • Keats Garman (Position B Incumbent) • Scott Inloes* *Scott Inloes is an eligible applicant IF the Council adopts the Resolution amending Whatcom County Code 100.06, Subzone Advisory Committees, regarding member requirements (AB2012-045), scheduled for Natural Resources Committee and Council. 201 DR CiFE f; PETE KREMEN County Executive DEC �;2 8 2011 WHATCOM:000NTY COUNCIL �aPtG�;'; �9SHi 4V m�0 COUNCILMEMEERS: Barbara E. Brenner Sam Crawford Kathy Kershner BIII Knutzen Tony Larson Ken Mann Curl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse:3LI/�4 Which position on this board are you applying for (if applicable)? Do you meet the residency/employment/afflilatlon requirements of the position for which you're applying (If applicable)? (Please see vacancy list for requirements,) (X) yes ( ) no Which Council district do you reside in? ( ) One ( ) Two (x) Three Are you a US citizen? (xJ yes ( ) no Are you a registered voter? (,C) yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes (-.4 no If yes, dates: Name; R1-aALe G CQry' e.;- Date: `7 Street Address: 4 7C°1 City: _S/441/_Q m/A zip Code: c1A2 � Mailing Address (if different from street address): Day Telephone; 34,6 33:2 153 IQ Evening Telephone: O3 801 249 1 E-mall address: 1_2,CC Ai,—�5d3(0 VA 0 Oc>-Co M Cell Number: Occupation (If retired, please Indicate former occupation): Agirc-o ti- are SPeG,&, 1 �2k Us. c'us4am S Professional/Community Activities: VbWPN+ ll-t j �j r� car F� li�ar� W..�1.14,,A -presa.ry0,, Wjkks,K±t >_ra.pk W� 1,�ry �udub�r Ss y�,����n�s Education: MAsters, We -ter ZmsoLrrr 6-4Acr or - Qualifications related to position. {fir: nn-\ i�ah�.9 `: lJ��� ►�rea,I laclti� e� �4tlr=r P, Qe iLhy ecco Describe why you are Interested In serving on this board or commisslon: X'� :.x AG; V;c- dp-y J� ``440 , .A�n rO a w711 A SA 4��f �r� C^a A#JArJci.'1v�^4,#4 1-04 Do you or your spouse have a financial Interest In or are you an employee or officer of any business or agency that does business with Whatcom County? ( } yes no If yes, please explain: References (please include daytime telephone number): � I- 'Sea3r72,5-6P -2F (PS.0. L 3a.-'r;�44► AC�6R� Signature of applicant: As a candidate for a public bard or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, Impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position, 202 10/i0 'd 6£9ZZ££09£ 'ON XVJ 301. o ,WHE swolsoo so Wd ££,ZO GEM iiH-H-OEQ `EC E V[ED JACK LOUWS COLINCILMEMBERS: County Executive P4GOM co�� JAN 17 2011 Barbara E. Brenner 3'r Sam Crawford hy WHATCOM COUNTYKatBillKershner Knutzen r COUNCIL Pete Kremen 4S#11WG�� Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASPRINT LEO� �! �. aNd Name of board or committee -please see reverse: �c.,,..i� ntiwswh�i� _�i�-ors You must specify which position you are applying for. Please refer to Vacancy List. Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (✓yes ( ) no Which Council district do you reside in? ( ) One ( ) Two (V�Three Are you a US citizen? (VI"Y'es ( ) no Are you a registered voter? (V�es ( ) no Have you ever been a member of this Board/Commission? ( ) yes (Vjno If yes, dates: Name: �ok%? L_n:Lo Date: Street Address: ;�,q -Z— I-xG�zie, Z,h e City: �%C!/�� ��J/23%� Mailing Address (if different from street address): Day Telephone: �?jW _ ��9 - -17`0 E-mail address: Mt � Evening Telephone: Cell Number: Occupation (If retired, please indicate former occupation): Professional/Community Activities: 1�� ye-aC5 05 12 /Ikz o(I)kQi Qualifications related to position: 0 f�%�J_ �1. 6 %✓G4 d Ci L12 .S: � � c� I ✓/S/6Z Describe why you are interested in serving on this board or commission: 7�6 aw-- M��vd�e Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (ono �J If yes, please explain: ��� gyuC� f�«r�er' IN ,b 4e References (please include daytime telephone number): Day - agy-C-LS Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 203 AZ9&4- Z/�%- 6oUf7C(G x4vy�/-5- -;�% ,psi elclf o� G�� �C°o ��� Al f�(C aA7111Z, 00,06 6A611 all- y u 71 col Z- e csnc1t b-uc� 2cx"olues; Mel A&01 & ahcl, 1,06,-e 600rk-a l)1 i-A -7270574- 7�- ��j�/hers Ile dc4M pa k o(A�a L 77 an 61 Cc� �c-���d g�a"f� I j -7Aa IA 0,q W �/�V/r 1A) Ircd�a anal .6g7 -y y PETE KREMEN COUNCILMEMBERS: County Executive (c M cod, Barbara E. Brenner rP �' Sam Crawford VC D 3•.,��.,:,:-�, . � Kathy Kershner Bill Knutzen DECd 8 2011 Tony Larson LJG Ken Mann 9SH�NG�� Carl Weimer WHATCOM COUNTY APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY S"ND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (✓ryes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( Three Are you a US citizen? ( OVIYes ( ) no Are you a registered voter? (,'yes ( ) no Have you ever been a member of this Board/Commission? (yes ( ) no If yes, dates: Name: K &VM04 Date: Street Address: g��aj a City: 6 / Zip Code: Mailing Address (if different from street address): Day Telephone: 3&a.,�_3_�L1 —�5� Evening Telephone: E-mail address: K�l.SL Q�.l�� (,S'j Cell Number: Occupation (If retired, please indicate former occupation): k n &S"!rZ /7 "a f+r" Professional/Community Activities: Education Qualifications related to position: Describe why you are interested in serving on this board or commission: ►.�I[►J�iR�IJ_��/.'^.�l �, .P A I .._.A ' .. _ [Ott T'. RT' ...io/' ' � i 1 .i - - — I Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (e'r 'no If yes, please explain: References (please include daytime telephone number): Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 205 DEC :21 2011 APPLICATION FOR APPOINTMENT TO WHATCOl*PffRW!,@@#W AND COMMISSIONS COUNCIL PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Birch Bay WaterShed and Aquatic Resources Management Advisory (BBWARM) Committee Which position on this board are you applying for (if applicable)? Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (x) yes () no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (X) yes ( ) no Are you a registered voter? (X) yes () no Have you ever been a member of this Board/Commission? ( ) yes (X) no If yes, dates: Name: Scott Inloes Street Address: 4519 Grandview City: Blaine, WA Mailing Address (if different from street address): Date: December 28, 2011 Zip Code: 98230 Day Telephone: 360-371-1530 Evening Telephone: 360-599-4712 E-mail address: Scott.Inloes@bp.com Cell Number: 360-599-4712 Occupation (If retired, please indicate former occupation): Env. Engr. At Cherry Point Refinery Professional/Community Activities: Member of Air and Waste Management Education: B.S. Chemical Engineering Qualifications related to position: I have been working in the Environmental field for over 15 years. Describe why you are interested in serving on this board or commission: I am interested in working with the members of the Birch Bay Watershed regarding the various challenges and opportunities associated with storm water management within the District. I am encouraged by the proactive efforts of the community members within the District and believe that my education, experience and background in the area of the storm water/water management will help inform decisions made by the committee on behalf of the greater community. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? (x) yes () no If yes, please explain: I work at the Cherry point Refinery References (please include daytime telephone number): Mike Abendhoff, 360-371-1519 Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 206 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 (360) 676-6690 (360) 738-2550 Fax (360) 738-4555 TTY WHATCOM COUNTY COUNCIL COUNCIL -APPOINTED BOARDS AND COMMISSIONS VACANCIES COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer SUMAS/EVERSON/NOOKSACK FLOOD CONTROL SUBZONE ADVISORY COMMITTEE 2 Vacancies, four year terms. Applicants must live within the subzone boundary. The Committee is an integral part of the program reviewing the Comprehensive Plan for flood control, discusses and recommends budget appropriation, and is a liaison with the public at meetings. The Committee has special meetings throughout the year, as needed. Applicant: Ed Bosscher (incumbent) 207 JACK LOUWS County Executive DISTRIBUTED TO FEB 0 6 2012 COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann WHAFCOM COUNTY COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: You must specify which position you are applying for. Please refer to Vacancy List. 615052,41 A10 6 R 5 Ac k- Sv,444 5 / {v u CO d/ % 0 L y; S o f2 v /Y R7!L- Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (X) yes ( ) no Which Council district do you reside in? O One (Q Two ( ) Three Are you a US citizen? 0 yes ( ) no Are you a registered voter? yes ( ) no Have you ever been a member of this Board/Commission? (14 yes ( ) no If yes, dates: Name: v (3 o S Sc H L n Date: 2- :a /'Z- Street Address: V8Q C,A r C o L. LL- s �2 City: /-- VE_ /Z Sa ,,/ - 1/l/A - Zip Code: y Mailing Address (if different from street address): _ Day Telephone: 3 6 0 % 6" 6- � -7 0 .6 Evening Telephone: 514- &1 E' E-mail address: c%/E4 bRr(2 v e /-/. i AOT 6 /M Cell Number: a/ S 73 3 � Occupation (If retired, please indicate former occupation): f2,91- tz y"ti Aa/ Professional%Community Activities: S,c ,-/d v L r3 J A(Z ID - 2 A u 4/c Education: H OO L Qualifications related to position: Describe why you are interested in serving on this board or commission: 1 o cv /Z'? To 14 SaL U 7_17- ater/ 6 iy <W#,47- Ty by W.L TH S w.LZ-T' C/z�c--/� Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (?c) no If yes, please explain: References (please include daytime telephone number): Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 208 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-084 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: SM 1131112 Feb. 14, 2012 Council Originator: ((`V�J E � V E D � � Division Head: FEB f17 2012 U Dept. Head: Prosecutor: WHATCOM COUNTY Purchasing/Budget: A COUNCIL 1 Executive: 18& 1 1 1 TITLE OF DO ENT: Appointment to the Whatcom County Development Standards Technical Advisory Committee. ATTACHMENTS. Application for appointment: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Carl Reichhardt to the Development Standards Technical Advisory Committee (TAQ. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #. Related File Numbers: Ordinance or Resolution Number. Please Note. Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wauslcounciL 209 RECEVE"' PETE KREMEN �� com co COUNCILMEMBERS: County Executive 1'fl/ . GZ I ..t �' Barbara E. Brenner s'4_1Qj� Sam Crawford Kathy Kershner Knutzen V, 1 sy JACK LOUWS Tolny Larson pSHiN�lo OUNTY EXECUTIVE Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: DEVE[.OPF-/c--NT 5TA&ii>A2nS %ci4,vlcAt-,4Dy/s�iz�r You must specify which position you are applying for. Please refer to Vacancy List. Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (A) yes ( ) no Which Council district do you reside in? ( ) One ( ) Two (X) Three Are you a US citizen? ()() yes ( ) no Are you a registered voter? (x) yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes Cv,) no If yes, dates: Name: L %lE/cH1FgF_D IF Date: /��r/Z Street Address: 1360 9 5'&Mi*9 to pp-iV,,-- City: �94 ,AW E Zip Code: 9 9Z 56 Mailing Address (if different from street address): Day Telephone: 3687 Evening Telephone: 366-5-71-Z7-67 E-mail address: Car%r r-C-ciyi a, Cow Cell Number: Occupation (If retired, please indicate former occupation): Ifk..) crr - Ee-ICAffB,Pp= F$E U�iR Professional/Community Activities: kME21cd�u $0ceE7-1- DF CiYiz- AH&R1C4.0 10AfZ--,P_ tuaa-cS ksocl4yay . C MZ±155/oIu6P_ 6C 5i£cI4- 7;A ly�F7aiL t5 &x)62 D15-Alu-. Education: RS C E Qualifications related to position: .1 41q ✓G STi AJP,4 eas ;rZ,_1 Describe why you are interested in serving on this board or commission: J7 tVoyz_p Lr Kr-- 'T / 6-4Fo41-! Co A4,0'fvveTy �S�,e vices A.) •Au 14916A 4F Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? (X) yes ( ) no If yes, please explain: :71fE FLIZ" j 4,-IoA � Fo,� UccAS/d.c�.f Lc.Y jJ�E 5 Co<43& r cJ !o X=D2 TNF CauAlY}' - ;Co-4D 7J�SA4Aj References (please include daytime telephone number): e6 C-rx,t? kla CAe Twy Y,4,uo P,�-TeR-s o,y - 6 76 - (P 7 3y Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 210 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-085 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 1/31/12 Feb. I4, 20I2 Council Originator: CE C E u V E D FEB 0 7 2012 Division Head: Dept. Head: Prosecutor: I 1A' Q (� n%� COUNTY HATCO M COUNTY Purchasing/Budget: • COUNCIL Executive: TITLE OFDO NT. Appointments to the American's With Disabilities Act (ADA) Compliance Committee ATTACHMENTS: Application for Reappointment SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his reappointment of Joel Bergsbaken to serve a second term on the American's With Disabilities Act (ADA) Compliance Committee. Further, the County Executive requests confirmation of his appointment of Debbie Adelstein and Steve Oliver for their first term on this committee, filling the two positions representing elected officials of Whatcom 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 Coun 's website at. www.co.whatcom.waus1council. 211 JRN-20-2012 13:35 From: To:6766775 Pa9e:1'1 JACK LOUWS County Exeoutivo COUNCILMEMBERS: Ewbara E. Brenner Sarni Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: _ ADA CgmDliance Committee You must specify which position you are applying for. Please refer to Vacancy List. Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (X) yes () no Which Council district do you reside in? (X) One ( ) Two ( ) Three Are you a US citizen? (X) yes ( ) no Are you a registered voter? (X) yes ( ) no Have you ever been a member of this Board/Commission? (X) yes ( ) no If yes, dates: 2009-2011 Name: Joel Berr sbaken _ Date: January 19, Z012 Street Address: 114 W. Maanolia, Suite J.% City: Bellingham Zip code: 98225 Mailing Address (if different from street address); Day Telephone: _ 360-647-0910 _ Evening Telephone: E-mail address: jbergsbaken(&hsdc,gra Cell !Number; 360-201-6284_ Occupation (If retired, please indicate former occupation): _. base Management Deaf and -hard of hearin_s� Professional/Community Activities: _AdvocacyfQr individuals Who are Deaf and Hard of Hearing or Deaf -Blind. Also volunteer Mediator with Whatcom Dispute resolution Center Education: $A 4inguistics, BS Rehabilitation CounselmaLDcaf Studies _ Qualifications related to position: «ve.r 20 years pxperlencP working with -individuals with hearing loss in educaxional, residential. academic. and coups ling environments. _ Describe why you are interested in serving on this board or commission: wave -an interest both professionally and personally that Individuals with hearina loss in our community are given eauI access to goygrnment services., I would lit. to offer my experience W the committee rggardings1ccess for individuals wi h hearing loss _ Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? (X) yes ( ) no If yes, please Explain: I am Program Coordinator for the Hegrjng Speech anal_ Deafness Center which serves -Whatcom county. References (please include daytime telephone number): Sue Hodges, Americans -With DisabilitipZ Act Coordinator. City of Qellingham Department of p - 6 _6._6961 Signature of applicant: As a candidate for a public and or commission, the above information will be available to the County Council, County Executive, and th46 public, All board and commission members are expected to be fair, Impartial, and respectful of the public, county staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 212 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-086 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM 1130112 Feb. 14, 2012 Council Originator.* ra E C E V D Division Head: FEB 0 7 2012 Dept. Head: Prosecutor: WHATCOM COUNTY Purchasing/Budget: A A INCII COUNCIL V v 1 v Executive: TITLE OFDOCeJJff1T. Reappointment to the Whatcom County Veteran's Advisory Board ATTACHMENTS: Application for Reappointment SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( )Fes ( X) NO SEPA review completed? ( ) Yes ( X) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his reappointment of Christopher Brown to the Whatcom County Veteran's Advisory Board. COMMITTEE ACTION.• COUNCILACTION, 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. 213 JACK LOUWS County Executive P4c,gm CO � a NINGT0 COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: j/���� `S�'t You must specify which position you are applying for. Please refer to Vacancy List. Do you meet the reside ncy/em p loyment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) k x yes () no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? yes ( ) no Are you a registered voter? A yes ( ) no Have you //ever been a member of this Board/Commission? Kyes ( ) no If yes, dates: Name: li� r r ��,G: - r� ov�JYI Date: V2 V� 2, Street Address: .�'21/ 6 City: Zip Code Mailing Address (if different from street address): Day Telephone: E-mail address: Occupation (If retired, please indicate former occi Professional/Community Activities: Education: Qualifications related to position: 5� Evening Telephone rX . pation) : U -;9g2_z ��"2e Cell Number:zs Describe why you are interested in serving on this board or commission: GTJJf/I �o/ /%�! �/©�-r r`�s�r�Zcv 4e!!r"/ 0 7X�`O i z ei ko6�-� you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? () yes v no If yes, please explain: References (please include daytime telephone number): Ali,-n Zke,- �'�� r ��T / �.�e Signature of applicant: As _a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 214 Christopher D. Brown 3116 Orleans St. Apt. 10 • Bellingham, WA • 98226 Email: cdbrown.vet@gmail.com Phone: 425.306.2571 QUALIFICATIONS SUMMARY -Possess wealth of experience pertaining to organizational collaboration and management -Able to handle variety of tasks in a high stress environment simultaneously and effectively -Highly developed communication, interpersonal, and problem solving skills -Effective program evaluation and process design experience EDUCATION He TRAINING WESTERN WASHINGTON UNIVERSITY: BACHELOR OF ARTS, HUMAN SERVICES, MINOR: PSYCHOLOGY (1UNE 2012) Relevant coursework: Program Planning and Evaluation; Non- Profit Management; Applied Research Methods; Small Group Systems; Organizational Systems; Community Systems; Social Psychology; Behavioral Neuroscience. WHATCOM COMMUNITY COLLEGE: ASSOCIATE IN ARTSAND SCIENCES, DIRECTTRANSFER DEGREE w/ HONORS (AUGUST 2010) Focused coursework: Computer Information Systems and Psychology UNITED STATES MARINE CORPS: BOOT CAMP (DECEMBER 2004) AND SCHOOL OF INFANTRY (APRIL 2005) Developed skills: Meticulous attention to detail; leadership; teamwork/collaboration; perseverance; dedication to duty; high stress decision -making; keen observation and awareness. PROFESSIONAL WORK EXPERIENCE WHATCOM COUNTY HEALTH DEPARTMENT, INTERN, SEPTEMBER 2011- DECEMBER 2011 Worked collaboratively with the manager of the Human Services division, Whatcom County Health Department. Strategized contract assessment tools, prepared social policy documents, researched public funding sources, began development of a system for returning Veterans to increase community service and professional development opportunities, and attended local community leadership meetings and trainings. VET CORPS, WWU NAVIGATOR, AUGUST 2010- AUGUST 2011 Collaborated with campus officials to create more effective Veteran supportive services and practices. Counseled and offered guidance to student Veterans and connected them with local resources. Served as liaison between Western Washington University, Vet Corps (AmeriCorps), the Washington State Department of Veterans Affairs, and Veteran students. WESTERN WASHINGTON UNIVERSITY, INTERN, APRIL 2011- DUNE 2011 Coordinated a Veteran specific training session for all WWU Counseling staff to improve their knowledge and proficiency in serving Veteran students. Identified individuals in various departments on Western's campus to serve as a point of contact for Veteran students. Collaborated with department heads on the creation of a new Veteran student resource guide. LEADER OF MARINES, UNITED STATES MARINE CORPS, SEPTEMBER 2006- AUGUST 2008 Trained, counseled, and led personnel in combat operations. Operated quasi -independently as a leader of a small group of Marines outside the safety of major military installations, for extended periods, in Iraq and Afghanistan. Supervised and maintained good order of company barracks that housed 100+ personnel. Served as liaison with outside agencies and managed junior personnel in order to conduct company level operations. Managed all company supplies and logistics worth hundreds of thousands in US$. Ensured 100+ personnel had adequate supplies for training and combat operations. 215 PROFESSIONAL VOLUNTEER EXPERIENCE FACULTYSEARCH COMMITTEE, WESTERN WASHINGTON UNIVERSITY, DECEMBER 2011- PRESENT Was recognized above my peers by professors and asked to serve as Student Representative for the Faculty Search Committee. Screened over 65 eligible applicants for Associate Professor position with Western Washington University's Human Services Department. Collaborated with faculty and staff on the scheduling and decision - making process. Will interview applicants and utilize tracking measures throughout decision process. CO- FOUNDER OF NON PROFIT ORGANIZATION, ONE LESS MOUNTAIN, JANUARY 2011- PRESENT Designed a pilot project to determine feasibility of peer support program for returning war Veterans. Tracked and evaluated success of program. Collaborated with colleagues in designing full-scale program using peer support model to provide transition assistance to Veterans. Serve on Board of Directors and strategize the use of limited time, energy, and resources of our constituents. Network with colleagues and increase awareness of organization. CO- FOUNDER AND COORDINATOR, WESTERN'S VETERAN COMMUNITY, SEPTEMBER 2010- PRESENT Developed the club infrastructure and recruited leadership. Create social and volunteer opportunities for student Veterans. Measure participation and success of projects to strategize future direction of club. Utilize online social media to market and increase stakeholder awareness. Collaborate with other agencies for fundraising opportunities and to promote community awareness. WHATCOMCOUNTYVETERANS ADVISORY BOARD, BOARD MEMBER, JUNE 2010- PRESENT Advise Whatcom County Executive, Council, and Health Department on best practices for Veteran supportive services. Provide oversight for Whatcom County Veterans Relief Fund, an amount just under $1,000,000 of public funds. Motions initiated and supported led to: a new County Veterans Specialist office and staff, contracts with equine therapy alternatives for Veterans, policy and procedures written for Veterans program, leveraged funding for federal VA Supportive Housing (VASH) vouchers and Supportive Services for Veterans and Families (SSVF) grants. Was nominated Vice -chair shortly after one year of service. PERSONAL MILITARY AWARDS RECEIVED Marine Corps Good Conduct Medal: Three years of good behavior and faithful service (SEPTEMBER 2007) Navy and Marine Corps Achievement Medal: Professional achievement and superior performance (JULY 2007) Purple Heart: For wounds received in action (JULY 2007) References available upon request. 216 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-087 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: SM I/3l/12 Feb.14, 2012 Council Ori 'nator: ^ D � E ^ � � � ,L� IU�ll1 (�(UJ" Division Head. FEB 0 7 2012 Dept. Head: Prosecutor: WHATCOM COUNTY Purchasing/Budget: A COUNCIL Executive: TITLE OF DOC NT.• Appointment to the Purchase of Development Rights Oversight Committee. ATTACHMENTS: Application of Greg Ebe SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws requests confirmation of his appointment of Greg Ebe to the Purchase of Development Rights Oversight Committee. COMMITTEE ACTION. • COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: rPlease Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wauslcounciL 217 JACK LOUWS County Executive AGO M CO` 3�P A QOUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen ' 4ING�Or COUNTY EXECUTIVE PeteKen Mann Carl Weimer JAN 27 2312 APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: PPr� 0ycr611 f You must specify which position you are applying for. Please refer to Vacancy List. Favar.cr Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (x) yes ( ) no Which Council district do you reside in? ( ) One ( ) Two W Three Are you a US citizen? W yes ( ) no Are you a registered voter? (X) yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes (►) no If yes, dates: Name:. . f-e* Ebe.. Date: Street Address: 2212 61r-e-A L!Zndevr 94 City: eusfcr 01 Wff Zip Code: 5!92 40 Mailing Address (if different from street address): Day Telephone: .3(vo b15-5255 Evening Telephone: E-mail address: ►-e-1 Lk e-b e r-mS. Gb wt Cell Number: 360 d iS- S25 S Occupation (If retired, please indicate former occupation): Pa fafo Grau/er- Professional/Community Activities: U. S. Po-1-afo Qmarq� , A44, bake.- Rof4r�e G/ccd (Pas-, A-4541.t4) • $o y s 61 r I s 61 u 6 o-r W Aafco ,,, Co. Soa,-d n e*, �c r. (B vq-va h.c( J Education: $ S ti✓`I E/►jjtneevc nq Se44fle Lin iy. H68 Qualifications related to position: S awt p4s4 Wha1con? /6ou111, A-, r,ccc/fug �i-�Se r ✓z�i o-n LD rvt !11 [ f %�- Q n he it ev Describe why you are interested in serving on this board or commission: l 6K-lt eae e- �yR a r j4raoi �s Ci uSe�ic® �00/ �ar- preSeri/iLj Cc14::�-r Ct4*uf-e r h 6Uha on�t Co . a-Kj ' k svve- U scoff --kz Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? unty? �X) yes ( ) no If yes, please explain: 0wri b.e Fa1,nits- LLG Gcnd Leonur (:l 05+c Luc, References (please include daytime telephone number): 7//7 0&441 M a b'e—err,, Signature of applicant: As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. 218 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2011-232 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 06/28111 07112111 Introduction Originator: Joshua Fleischmann 411 Cj C Lam_ D 07126111 Division Head: s> LG�.--.. l V JUL 0 5 2011 Hearing Dept. Head. J.E."Sam" 8/9/2011 P&D/Council Ryan WHATCOM COUNTY COUNCIL Prosecutor: Royce Buckingham — v 1/10/2012 Council Purchasing/Budget: 2/14/2012 Council — l Executive: Pete Kremen TITLE OF DOCUMENT. • Ordinance adopting amendments to the Whatcom County Comprehensive Plan and zoning maps to create a Mineral Resource Lands designation and zoning overlay off of Doran and Bowman roads in the South Fork Nooksack Valley, south of Acme(Concrete Nor' West application). ATTACHMENTS: (1) Proposed ordinance (2) Planning Commission Staff Report from 06/09/2011 Planning Commission Public Hearing. Notes: The Planning Commission was unable to reach a majority vote on the proposed amendment. Background materials are available for review at the County Council office. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing ? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 712612011 SUMIVIARYSTATEMENT OR LEGAL NOTICE LANGUAGE: Concrete Nor'West is requesting to amend the Comprehensive Plan Map and Zoning Map to expand the existing Mineral Resource Land (MRL) overlay by an additional 280 acres over the existing Commercial Forestry zone, and change the Commercial Forestry designation to a MRL designation. The site is located immediately adjacent to the southern boundary of the existing Saxon Site MRL designation, on the northern slope of Eddys Mountain, at the intersection of Doran and Bowman roads, and adjacent to an inactive County gravel pit formerly known as the Saxon Pit. The proposal is situated within the NW '/4 and NE '/4 of Section 28, T37N, R5E, W.M. Assessor's Parcel #'s 370528 180450 and 370528 461325. COMMITTEE ACTION: COUNCIL ACTION. 8/09/2011: Motion to approve failed 1-2, 7/12/2011: Introduced 5-2, Mann & Brenner Brenner & Mann opposed opposed 7/26/2011: Council Held to Planning & Development Committee & Council. Written record open to August 5, 2011, at 5:00 p.m. 8/09/2011: Council forwarded to concurrency review 4-3, Brenner, Mann & Weimer opposed 1/10/2012: Withdrawn from agenda 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. 219 WHATCOM COUNTY COUNCIL AGENDA BILL NO. a R2nl l W32 aped) CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Page Two of Agenda bill Originator: 2/14/2012 Council Division Head. - Dept. Head. Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Ordinance adopting amendments to the Whatcom County Comprehensive Plan and zoning maps to create a Mineral Resource Lands designation and zoning overlay off of Doran and Bowman roads in the South Fork Nooksack Valley, south of Acme (Concrete Nor'West application). ATTACHMENTS: SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes (x ) NO SEPA review completed? ( x ) 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.) Concrete Nor'West is requesting to amend the Comprehensive Plan Map and Zoning Map to expand the existing Mineral Resource Land (MRL) overlay by an additional 280 acres over the existing Commercial Forestry zone, and change the Commercial Forestry designation to a MRL designation. The site is located immediately adjacent to the southern boundary of the existing Saxon Site MRL designation, on the northern slope of Eddy's Mountain, at the intersection of Doran and Bowman roads, and adjacent to an inactive County gravel pit formerly known as the Saxon Pit. The proposal is situated within the NW % and NE % ofSection 28, T37N, R5E, W.M. Assessor's Parcel #'s 3 70528 1800450 and 370528 461325. COMMITTEEACTION: COUNCILACTION. 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. 220 63. The Associated Earth Sciences, Inc. report (December 24, 2008) estimates that there are approximately 2.2 million cubic yards of aggregate reserves above the water table on the subject site at the time of evaluation (p. 10). Additionally, this report estimates that there are about 2.1 million cubic yards beneath Parcel A of the existing MRL, which is adjacent to the subject site. 64. In compliance with the provisions of The State of Washington, Water Pollution Control Law (RCW 90.48) and provisions of The Federal Water Pollution Control Act (Clean Water Act), the Washington State Department of Ecology regulates mining operations under "The Sand and Gravel General Permit." Additionally, the Whatcom County Critical Areas Ordinance requires "... The proposed development will not cause contaminants to enter the aquifer and will not significantly adversely affect the recharging of the aquifer..." (WCC 16.16.520). CONCLUSIONS The proposed amendment is consistent with the approval criteria of WCC 2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan map is hereby amended from Commercial Forestry designation to Mineral Resource Lands (MRL) designation and the Official Whatcom County Zoning Ordinance map is hereby amended to expand the existing MRL overlay by an additional 280 acres over the existing Commercial Forestry zone for subject properties shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of , 2011 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: • v C eputy Prosecutor P. 15 Sam Crawford, Council Chair () Approved () Denied Pete Kremen, Executive Date: 221 WHATCOM COUNTY . Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum TO: Whatcom County Council FROM: Joshua Fleischmann, Planner . THROUGH: J.E. "Sam" Ryan, Director DATE: June 28, 2011 J.E. "Sam" Ryan Director RECEIVE[? J U N 2 9 -j"A PETE KREMEN COUNTY EXECUTIVE SUBJECT: Saxon MRL Comprehensive Plan Amendment Public Hearing, RE: PLN2009-00013 I am requesting that a public hearing be held for the above -mentioned comprehensive plan amendment proposal at the regularly scheduled County Council meeting on the night of July 26, 2011. This amendment proposal has received over 250 public comments, a large portion of which are in opposition to the proposal. In addition to the recent Planning Commission public hearing, I believe the public would like to voice their concerns to the County Council. e ►b%ts Q rA 1. e.re b�e�r� no,,-rA les-t �4nn 222 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # AN ORDINANCE AMENDING THE OFFICAL COMPREHENSVIE PLAN MAP AND ZONING MAP TO EXPAND THE EXISTING SAXON SITE MINERAL RESOURCE LAND (MRL) OVERLAY BY AN ADDITIONAL 280 ACRES OVER THE EXISTING COMMERCIAL FORESTZY ZONE, AND CHANGE THE COMMERCIAL FORESTRY DESIGNATION TO A MRL DESIGNATION WHEREAS, an application has been submitted by Concrete Nor' West to amend the Comprehensive Plan Map and Zoning Map to expand the existing Mineral Resource Land (MRL) overlay by an additional 280 acres over the existing Commercial Forestry zone, and change the Commercial Forestry designation to a MRL designation; and WHEREAS, the site is located immediately adjacent to the southern boundary of the existing Saxon Site Mineral Resource Land designation, on the northern slope of Eddys Mountain, at the intersection of Doran and Bowman roads, and adjacent to an inactive County gravel pit formerly known as the Saxon Pit. The proposal is situated within the NW 1/4 and NE'/4 of Section 28, T37N, R5E, W.M. Assessor's Parcel #'s 370528 180450 and 370528 461325; and WHEREAS, the proposed amendment has been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, the proposed amendment meets the approval criteria for comprehensive plan amendments, as required by Whatcom County Code (WCC) 2.160.080; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald, mailed and posted; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony, and recommended approval by a vote of 5-1; and WHEREAS, the Whatcom County Planning Commission forwarded its findings and reasons for action to the County Council; and WHEREAS, the County Council held a public hearing on the proposed amendment and considered all testimony; and WHEREAS, the County Council has adopted the following findings of fact and conclusions: P_ 1 223 FINDINGS 1. An application for comprehensive plan and related zoning amendments was received by Whatcom County on December 30, 2008. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 10, 2009. 3. The DNS was revised in order to allow all interested parties to comment, and issued on December 1, 2009. 4. The DNS was withdrawn and a mitigated determination of non -significance (MDNS) was issued on December 29, 2009. 5. Concrete Nor' West, the applicant, appealed the inclusion of a condition attached to the MDNS. 6. Friends of the Nooksack Samish Watershed appealed the issuance of a Determination of Non -Significance and requested that an Environmental Impact Statement be completed prior to the Planning Commission and Whatcom County Council considering the request toextend the Mineral Resource Lands Overlay to the subject 280-acre parcel. 7. The Hearing Examiner held a hearing on May 12, 2010. 8. In a ruling on June 16, 2010, the Examiner denied the appeal of Friends of the Nooksack Samish Watershed requesting that the Hearing Examiner overturn the Determination of Non -Significance, and upheld the appeal of Concrete Nor' West of the mitigation conditions attached to the DNS. 9. On June 25, 2010, a notice of appeal of the Hearing Examiner decision was filed on behalf of the Friends of the Nooksack Samish Watershed by David Mann. 10. On September 14, 2010, there was consideration of the appeal in executive session during the Council Committee of the Whole. 11. At the Regular County Council meeting on September 14, 2010, the Hearing Examiner's Finding of Fact of this appeal as expressed in his decision were adopted and incorporated, by reference, by the Whatcom County Council. 12. Notice of the Planning Commission hearing was posted at the subject site on March 10, 2011. 13. Notice of the Planning Commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on March 14, 2011. P. 2 224 14. Notice of the Planning Commission hearing was e-mail to interested parties on April 1, 2011. 15. Notice of the Planning Commission hearing was published in the Bellingham Herald on April 5, 2011. 16. Notice of the postponement of the Planning Commission hearing was e-mailed to interested parties on April 6, 2011. 17. Notice of the postponement and reschedule of the Planning Commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on April 7, 2011. 18. Notice of the rescheduled of the Planning Commission hearing was e-mail to interested parties on April 11, 2011. 19. Notice of the rescheduled Planning Commission hearing was e-mailed to interested parties on May 16, 2011 20. Notice of the rescheduled Planning Commission hearing was posted at the subject site on May 19, 2011. 21. Notice of the rescheduled Planning commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on May 23, 201 L 22. Notice of the rescheduled Planning Commission hearing was published in the Bellingham Herald on May 25, 2011. 23. Notice of the proposed amendment was sent to the Department of Commerce on May 25, 2011. 24. On May 25, 2011 the Department of Commerce acknowledged receipt of the notice, and that a copy of the notice had been forwarded to other state agencies. 25. Notice of the rescheduled Planning commission hearing was e-mailed to interested parties on May 31, 2011 26. The Planning Commission held a public hearing relating to the subject amendment on June 9, 2011. 27. An existing surface mine is located on MRL designated land adjacent to the subject site. A State Department of Natural Resources (DNR) Reclamation Permit was originally issued for this mine in 1978, for a mine of 20 acres. 28. In 1997, a revision was made to the DNR Reclamation Permit to allow extraction to a depth of 25 feet. P. 3 225 29. On March 5, 2004 Whatcom County approved ADM2003-00012 for expansion of the mine to 41 acres. 30. The State Department of Natural Resources Reclamation Permit was revised in 2008 to expand the site to 41 acres. 31. The Whatcom County Comprehensive Plan contains specific criteria for designating Mineral Resource Lands. 32. Mineral resource designation criteria # 1, 2 and 3 state: 1. Non-metallic deposits must contain at least one million cubic yards of proven and extractable sand, gravel, or rock material per new MRL Designation. 2. Minimum MRL Designation size is twenty acres. 3. Expansion of an existing MRL does not need to meet criteria 1 or 2. The proposed 280-acre MRL is immediately south of, and adjacent to, an existing —180 acre MRL. Therefore, it is an expansion of an existing MRL and is not required to comply with criteria 1 and 2 33. Mineral resource designation criterion # 4 states, "MRL Designation status does not apply to surface mines permitted as an accessory or conditional use for the purpose of enhancing agriculture or facilitating forestry resource operations." The subject site does not contain a surface mine permitted for agricultural or forestry operations. Therefore, this criterion does not apply. 34. Mineral resource designation criterion # 5 states, "All pre-existing legal permitted sites meeting the above criteria (criteria 1-4) will be designated." There is not an existing permitted mine on the subject site. Therefore, the subject site would not qualify under this criterion and must meet criteria 6-10. 35. Mineral resource designation criterion # 6 states "The site shall have a proven resource that meets the following criteria: Construction material must meet WSDOT Standard Specifications for common borrow criteria for road, bridge and municipal construction, or Whatcom County standards for other uses. Sand and gravel deposits must have a net to gross ratio greater than 80% (1290 cy/acre/foot)." The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, that confirms that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity P. 4 226 tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. The County's Geologist has reviewed the aggregate data submitted for the proposed area and concludes that the sand and gravel net to gross ratio will be greater than 80%. 36. Mineral resource designation criterion #7 states "MRL Designations must not. be within nor abut developed residential zones or subdivisions platted at urban densities." The subject site is zoned Commercial Forestry. The adjacent properties to the north of the proposal are zoned Commercial Forestry and Rural Forestry. The adjacent properties to the east of the proposed amendment are zoned Commercial Forestry. The adjacent properties to the south of the proposal are zoned Commercial Forestry. The adjacent properties to the west of the proposal are zoned Rural Forestry and Commercial Forestry. The northwest corner of the proposed parcel touches the southeast corner of an approximately 10 acre parcel that is zoned Rural (R5A). There are no urban density subdivisions adjacent to the site. 37. Mineral resource designation criterion # 8 states "MRL Designations must not occur within the 10 year zone of contribution for designated wellhead protection areas, as approved by the State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems, in accordance with source control provisions of the regulations on water system comprehensive planning. MRL designations may be modified if a wellhead protection area delineated subsequent to MRL designation encompasses areas within a designated MRL. If a fixed radii method is used to delineate a wellhead protection area, the applicant may elect to more precisely delineate the wellhead protection boundary using an analytical model; provided, that the delineated boundary proposed by the applicant is prepared by a professional hydrogeologist; and further provided, that the delineated boundary has been reviewed and approved by the Washington State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems. The hydrogeologist shall be selected by mutual agreement of the County, water purveyor, and -applicant; provided, if agreement cannot be reached the applicant shall select a consultant from a list of no less than three qualified consultants supplied by the County and water purveyor. According to GIS mapping, the proposed MRL is not within a designated wellhead protection area of any public water system. Therefore, staff finds that this criterion is met. However there are numerous private wells nearby. 38. Mineral resource designation criterion # 9 states, "MRL Designation should not enclose by more than 50% non -designated parcels." There is a parcel that would be enclosed by greater than 50% through approval of the proposed MRL designation. This parcel is zoned Commercial Forestry. Single family residential development is not permitted in the Commercial Forestry zone. Staff met with the Long Range Planning Division and Natural Resources Division supervisors on P. 5 227 December 15, 2010 to discuss the application of criteria #9 to the subject proposal. At this meeting, it was determined that the intent of this criterion is to prevent mineral resource lands from enclosing upon parcels where residential uses are allowed. Additionally, this criterion states that MRL designations "should not", rather than "shall not" enclose parcels by more than 50%. 39. Criterion #10 is specific to Designated Urban and Rural Areas, and therefore is not applicable to this proposal. 40. Mineral resource designation criterion # 11 states, "Must demonstrate higher value as mineral resource than forestry resource based upon: soil conditions, accessibility to market, quality of mineral resource, sustainable productivity of forest resource." Based on the Soil Survey of Whatcom County, the soil conditions on the site are in the top 1/3 of Whatcom County soil classifications in regards to Site Index. Site Index is a measure of forest quality based on expected height of a dominant tree species at a given age. Additionally, the Productivity Class, which is the yield in cubic meters per hectare per year calculated at the age of culmination of mean annual increment for fully stocked natural stands, for the soils at the proposed site are in the upper 50-75% of Whatcom County soil classifications. Soil conditions have no impact on the quality of underlying mineral resources on this site. The resources extracted from the current Saxon Site MRL are classified as pit run. Pit run is generally transported to construction sites, but could also be extracted to be processed in a concrete batch plant or asphalt batch plant. There are no limitations to where the construction sites may occur, but the cost of transporting resources makes it likely to be local. The County Geologist indicated that there are 2 concrete batch plants and 2 asphalt batch plants in Whatcom County. There are a number of mills in Whatcom County that are available for processing timber extracted from the proposed site. Both timber and mineral resources must travel to reach the market. The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, that confirms that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. In accordance with the Surface Mining Act, mines that result in more than 3 acres of mine - related disturbance or that have a high -wall that is both higher than 30 feet and steeper than 45 degrees are required to have a reclamation plan. The basic objective of reclamation at mines is to reestablish the vegetative cover, soil stability, and water conditions at the site. Through these reclamation plans, sites can be reclaimed into productive forest lands. In instances when forest productivity may be reduced due to disturbance of forest soils, it may be beneficial to amend the soil. P. 6 228 Designated mineral resources in Whatcom County are not abundant enough to provide a 50-year supply. Forest land can be converted for mineral resource extraction and returned to productive forestry through a reclamation plan, as required by the Washington State Department of Natural Resources, through the Surface Mining Reclamation Program. With the ability to resume productive forestry after reclamation of mineral resource extraction sites, in staff s opinion there is a higher value in scarce mineral resources than in forestry. 41. In addition to the ten specific criteria for designating MRLs, the Whatcom County Comprehensive Plan contains goals and policies that are applicable to the proposal. 42. Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources. Noise and dust are concerns associated with mining operations. The Whatcom County Natural Resources Report - Mineral Resources Background Document (Nov. 1994) indicates that: ... Emissions of dust, either through crushing and screening, or excavation and transfer, may be significant and are to some extent unavoidable. Mitigating measures, however, may be taken to reduce such impacts. ... Rapid reclamation of sites is very important in reducing the amounts of particulate matter emitted. ... Numerous studies show a link between distractive noise and human health. Unwanted noise can cause health problems such as stress, sleep disruption, and hinder mental and social well being. ... The noise levels at one hundred feet (100') from operating excavation and transport equipment are typically 70-80 decibels. Noise from crushers, screens and washers typically approach 90 decibels at similar distances. Noise levels decrease with distance at approximately 6 decibels per doubling of distance from source of the noise. The rate at a typical mine site would then be as follows: Distance (feet) Level. (dBA) 50 84 100 78 200 72 400 66 800 60 1500 55 ... The control of noise can be achieved through (1) reducing the sound produced, (2) interrupting the path of the sound, and (3) protecting the recipient ... The impacts of P. 7 229 noise can be moderated by restricting hours of operation, construction of berms to act as sound buffers, .locating pit activities in one area at a time, and by installation of muffling equipment on machinery. The construction of a twenty foot berm around a pit with 2:1 slopes on both sides of its peak may reduce sound from a typical 80 dBA to 50 dBA one hundred feet away from the noise source ... Some additional noise impacts may be unavoidable ... (pp. 25-27). Maximum permissible noise levels are established under WAC 173-60, and surface mines must also comply with the noise standards of WCC 20.73.701, which include limitations on days and hours of operation. Additionally, mining in an MRL requires an administrative approval permit from Whatcom County. The criteria for receiving an administrative approval permit include: Buffers are established -6f sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. When completing a reclamation segment, buffer may be reduced for a three-month period to establish the final reclaimed topography (WCC 20.73.130(3)). Therefore, the specific size and composition of the buffers would be established through the permitting process to mitigate noise and dust impacts. In addition to letters submitted by citizens, the County has received letters from the following, regarding potential impacts to water quality and salmon restoration: • The Lummi Nation dated January 15, 2010 • The Lummi Nation dated March 25, 2011 • The Nooksack Indian Tribe dated December 23, 2009 In his June 16, 2010 decision, the Hearing Examiner cited a prior case involving a proposed Comprehensive Plan amendment to expand a Mineral Resource Lands overlay, in which he concluded "that future review of a mining project on the property will be subject to requirements for environmental analysis and mitigation, both under SEPA and pursuant to Whatcom County regulation of Mineral Resource Lands, including meeting the requirement for a permit to conduct surface mining. This will provide adequate analysis of and specific mitigation for any adverse environmental impacts of actual surface mining on this site. 43. Policy 8K-2: Consider the maintenance and upgrade of public roads. Address all truck traffic on county roads in a fair and equitable fashion. The Whatcom County Natural Resources Report - Mineral Resources Background Document (Nov. 1994) states that "... Damage to roads can be severe, as many roads are not designed to accommodate heavy vehicles. Most county roads have insufficient gravel underlayment, limited widths, small shoulders, substandard geometrics and inadequate paving for sustained use by heavy trucks, as they were not designed or built for such purposes. However, many state highways are built to withstand heavy truck traffic, and in Whatcom County many of the significant mining areas are near these highways." (pp. 27) P. 8 230 Whatcom County Public Works Engineering, in a memo of January 6, 2011 (Exhibit E), stated in part: • Haul route shall be via Doran Rd to Hwy-9. Doran Rd is classified as a Rural Local Access road. Doran Rd is not an all-weather construction road, therefore it is subject to road weight restrictions. During weight restrictions time, the owner will not be able to haul unless the owner rebuilds the road to all-weather standards. • The owner shall contact WSDOT regarding any additional impacts on the state facilities such as sight distance and intersection improvements on Doran Rd and Hwy-9. Copy of the letter regarding ay WSDOT requirements shall be submitted to the County. • Doran Rd Bridge #159 conditions and crossing will be reviewed at the time of project permit application. • Traffic Study with proposed trip distribution shall be submitted at the time of project permit application. Further improvements may be required based on the traffic generated. • Proposed future development may be subject to more requirements based on submitted project proposal, information and details at the time of project permit application. 44. Policy 8K-3: Avoid adversely impacting water quality. The protection of aquifers and recharge zones should have precedence over surface mining in the event it is determined by the county that adverse impacts cannot be avoided through the standard use of best management practices. Avoid contamination of aquifers by using uncontaminated material for reclamation or on -site storage. There are numerous private wells in the area. According to the adopted Critical Areas Ordinance — Critical Aquifer Recharge Area map, over half of the proposed parcels are underlain by a surficial aquifer, the susceptibility of which has not been assessed. The area of the surficial aquifer is in the flatter, northern portion of the proposed parcels. As part of reclamation, importing material. is occasionally used, but is discouraged by the Department of Natural Resources because of the potential for contamination. Most sites use material that had been pushed aside in order to access the resource. 45. Policy 8K-4: Require, where there exists County jurisdiction, the reclamation of mineral resource lands on an ongoing basis as mineral deposits are depleted. Best Management Practices should be used to achieve this. The Surface Mining Act is a reclamation law that requires a permit for each mine that: (1) results in more than 3 acres of mine -related disturbance, or (2) has a high -wall that is both higher than 30 feet and steeper than 45 degrees. Assuring reclamation is a key responsibility of the Department of Natural Resources (DNR), which administers the Surface Mining Act. In order for the County to assume jurisdiction of enforcement of surface mine reclamation, the County would need to agree to the following, per 332-18- 01001 WAC: a) Enforce all provisions of the act, these rules, and the approved reclamation plan; b) Continuously employ enough qualified mine regulatory personnel to achieve the purposes of the act and these rules; P. 9 231 c) Assume full responsibility for all aspects of enforcement that are described in the contract between the department and the County; d) Provide the department with copies of all documents related to enforcement; and e) Comply with all related written policies of the department. If the County were to assume jurisdiction of enforcement of surface mine reclamation, DNR would maintain sole authority to approve reclamation plans, to issue reclamation permits, , to issue declarations of abandonment, to cancel reclamation permits, and to develop reclamation regulations and standards. 46. Policy 8K-5: Have an ultimate use for the land used for mineral extraction which will complement and preserve the value of adjoining land. Reclamation permits obtained from the Department of Natural Resources require that local governments must formally approve the subsequent use of mine sites prior to receiving a reclamation permit. If mining were to occur in the future, the subsequent use of the land would be based upon uses allowed by the underlying zone. In this case, the underlying zone is Commercial Forestry and the subsequent use would be required to meet the provisions of Whatcom County Code WCC 20.43 Commercial Forestry District. 47. Policy 8L-1: Discourage new residential uses from locating near designated mineral deposit sites until mineral extraction is completed unless adequate buffering is provided by the residential developer. There are parcels nearbythat have the ability to support new residential uses, either due to the fact that the parcel is presently vacant, or a buildable lot could be created by land division. In 1994, Whatcom County Council adopted WCC Chapter 14.06 Mineral Resource Land Disclosure in order to promote a good neighbor policy between the mineral resource industry and property owners. This disclosure is required as follows: 14.06.030(1) Upon the conveyance of a fee interest in real property the seller shall require that the notice of disclosure be signed by the purchaser and recorded in the County auditor's office in conjunction -with the deed conveying the real property when the real property is on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan. 14.06.030(2) Upon the issuance of a discretionary development permit for land on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan, the discretionary development permit shall include a condition that the owners of the property be required to sign a statement of acknowledgment containing the notice of disclosure on forms provided by Whatcom County, which shall then be recorded in the County auditor's office. 14.06.030(3) All building permits and discretionary development permits for land on or within 500 feet of the area designated as mineral resource land on P. 10 232 the map or maps comprising the Whatcom County comprehensive plan shall contain the notice of disclosure. According to Whatcom County GIS data, the only parcels that would be subject to WCC 14.06 that are not presently affected by this chapter are zoned and designated commercial forestry and only allow living quarters directly related to forestry activities. 48. Policy 8L-4: Buffer mineral resource areas adjacent to existing residential areas. Buffers preferably should consist of berms and vegetation to minimize impacts to adjacent property owners. Buffers should be reduced for a limited period of time during reclamation if quality minerals are contained therein. Buffering of mining operations are required under WCC 20.73.131(3) which requires that Buffers are established of sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. When completing a reclamation segment, buffer may be reduced for a three-month period to establish the final reclaimed topography. 49. Policy 8N-2: Allow rock crushing, washing and sorting in the forest zones when appropriate as long as conflicts with other land uses can be mitigated. These activities are presently allowed in the Commercial Forestry zone, either outright, through the administrative approval process, or through the conditional use process. Any mitigation required for mining activities would be addressed as part of the permitting process. 50. Policy 8N-3: Allow commercial surface mining operations in the forest zones when appropriate as long as conflicts with other land use zones can be mitigated. Clearing for, or expansion of, rock pits for nonforest practice uses or development of surface mines is considered a conversion activity under Washington Administrative Code (WAC) 222-16-10. As a conversion activity, a permit would be required by Whatcom County. Any mitigation required for commercial surface mining operations would be addressed as part of the permitting process. Within the Commercial Forestry District, subject to the administrative approval process, the following uses are permitted: Surface mining subject to Washington State's Surface Mining Act (Chapter 78.44 RCW), and accessory washing, sorting, and rock crushing when within a Mineral Resource Land Special District subject to the requirements of Chapter 20.73 WCC and all other applicable regulations. Mineral processing facilities within the Commercial Forestry District are subject to the conditional use permitting process. 51. Goal 8P: Designate Mineral Resource Lands (MRLs) containing commercially significant deposits throughout the county in proximity to markets in order to avoid construction P. 11 233 aggregate shortages, higher transport costs, future land use conflicts and environmental degradation. Balance MRL designations with other competing land uses and resources. The subject site is: • Approximately 12 miles east-southeast of the Bellingham city limits; • Approximately 18 miles south-southeast of the Everson and Nooksack city limits; • Approximately 12.5 miles north-northeast of Sedro Woolley • Note: These are straight-line distances, not driving distances. While creating a MRL designation would provide protection for mineral resources, it would remove the Commercial Forestry District resource designation. Additionally there are residential uses on nearby Rural and Rural Forestry lands. 52. Policy 8P-1: Seek to designate a 50 year supply of commercially significant construction aggregate supply to the extent compatible with protection of water resources, agricultural lands, and forest lands. In 1994 the Whatcom County Surface Mining Advisory Committee published the Final Report and Recommendations regarding mineral resources within the county. Among other things, this report studied the supply and demand of mineral resources. The report notes that there is a deficit of roughly 97 million cubic yards of sand and gravel resources between the supply in presently designated MRLs and the expected demand over a 50-year planning period. This deficit is not due to a lack of resources in the county, but rather, a lack of access. The report estimates that there are nearly 1.2 billion cubic yards of sand and gravel resources in the county not presently protected by the MRL designation, but that the vast majority of viable resources are constrained by their location within the Agriculture District; by buffers on pipelines, streams, wetlands, or wellheads; by existing MRL designations; or by higher density zoning districts. 53. Policy 8P-2: Ensure that at least 50% of the total areas designated for construction aggregate is within 10 miles from cities and urban growth areas where feas-iUe. Greater than 50% of the total areas designated for construction aggregate are within 10 miles of cities and/or UGAs. 54. Policy 8P-4: Allow mining within designated MRLs through an administrative approval use permit process requiring: 1. on -site environmental review, with county as lead agency, and 2. application of appropriate site specific conditions, and 3. notification to neighboring property owners within 1,000 feet to insure opportunity for written input and/or appeal, and 4. access to de novo review by the Hearing Examiner if administrative approval or denial is appealed.. P. 12 234 Pursuant to WCC 20.73.130 Administrative Approval Uses, Surface mining subject to Washington State's Surface Mining Act and accessory washing and sorting is a use permitted subject to administrative approval, provided that: -Application of additional site specific conditions may be required to mitigate potential impacts that are not otherwise regulated through WCC 20.73.650 and 20.73.700 or through federal, state, or local regulations -The notification requirements of WCC 20.84.235 shall be expanded to all property owners within 1,000 feet of the external boundaries of the subject property. -Appeal to the hearing examiner under WCC 20.84.235 of an administrative permit shall be made by de novo review. Additionally, pursuant to .Hearing Examiner Decision and phased SEPA Threshold Determination, further SEPA review will occur at any point in the future in which site specific actions are being applied for through the administrative approval use permit process. 55. Policy 8P-5: Consider potential resource areas identified in the Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington (GeoEngineers, Inc., Sept. 30, 2003) during county review of land development projects in order to avoid development incompatible with mineral resource extraction. The GeoEngineers publication "Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington" identifies the Saxon Site MRL site as 1 of 24 Whatcom County MRL areas. The properties associated with this proposal are located immediately south of the Saxon MRL. 56. Policy 8Q-1: Ensure that adequate riparian buffers are maintained along rivers and streams. Riparian buffers along rivers and streams, as well as buffers associated with wetlands and other critical areas are determined on a case -by -case basis, depending on site specific conditions. Any application for surfacing mining would be reviewed for site specific conditions as part of the administrative approval process. 57. Policy 8Q-2: Ensure proper treatment of wastewater prior to discharge. The Department of Ecology regulates wastewater through the Sand and Gravel General Permit. This permit regulates discharges of process water, stormwater, and mine dewatering water associated with sand and gravel operations, rock quarries, and similar mining operations, including stockpiles of mined material. 58. Policy 8Q-3: Provide and maintain best management practices for erosion control to prevent sedimentation. The Department of Ecology Sand and Gravel General Permit requires the permittee to develop, maintain, and comply with their erosion and sediment control plan. This plan must contain information on all the best management practices and structures that control Type 2 P. 13 235 stormwater. Type 2 stormwater is from portions of a site where mining has temporarily or permanently ceased; from storage areas for stockpiles of raw materials or finished products; or from portions of a site with exposed soils, cleared in preparation for mining or other industrial activity. If properly managed, Type 2 stormwater won't typically require treatment prior to discharge, however treatment may be required if it exceeds the turbidity limit. 59. Policy 8Q-4: Provide proper storage and containment of hazardous materials, and provide for appropriate on -site spill response and clean-up materials and personnel. The Department of Ecology Sand and Gravel General Permit requires the permittee to develop and maintain a spill plan. The plan must identify the materials of concern, spill prevention measures, and spill response procedures. 60. Policy 2J-4: Protect culturally and spiritually significant places from non -essential development that is viewed as incompatible by the affected community. The County has received letters from the following, regarding potential impacts to cultural resources: • The Washington State Department of Archaeology and Historic Preservation (DAHP) dated December 15, 2009. • The Nooksack Indian Tribe dated December 23, 2009. The letter from the DAHP noted that there are reports of prehistoric and historic artifacts on nearby properties and that the Nooksack Valley has a high probability for archaeological resources and burials. Any cultural resources on proposed site would be destroyed by mineral mining. The letter also noted that archaeological sites are protected by law, and that permits must be obtained from the DAHP prior to excavation, removal, or alteration of cultural resources. Finally, the DAHP requested a professional archaeological survey of the proposed site be conducted, and that the concerned Tribes' cultural committees and staff be consulted regarding cultural resource issues. 61. The Washington State Department of Natural Resources completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried BeA ock Resources in the Bellingham 1:100, 000 Quadrangle, Washington (Jan. 2001). This study indicates that the working lifetime of most of the significant pits in the county is 10 to 20 years (p. 5). 62. The Whatcom County Surface Mining Advisory Committee Final Report and Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing MRLs to satisfy demand over the first 20 years of the planning period. However, there is an imbalance in the demand and supply of sand and gravel. There is a greater need for gravel resources than sand and, as we approach the end of the 20-year planning period, we can anticipate a shortage of gravel. Additionally, shortly after the 20-year planning period, we will run out of sand and gravel resources if existing MRLs are not expanded... (p. 7). P. 14 236 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor'West) Staff Report, Page 1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. OVERVIEW File # PLN2009-00013 File Name: MRL — Saxon Rd. Applicant: Concrete Nor' West dba 4M2K, LLC Summary of Request: Amend the Comprehensive Plan Map and Zoning Map to expand the existing Mineral Resource Land (MRL) overlay by an additional 280 acres over the existing Commercial Forestry zone, and change the Commercial Forestry designation to a MRL designation. Location: The site is located immediately adjacent to the southern boundary of the existing Saxon Site Mineral Resource Land designation, on the northern slope of Eddys Mountain, at the intersection of Doran and Bowman roads, and adjacent to an inactive County gravel pit formerly known as the Saxon Pit. The proposal is situated within the NW '/4 and NE '/4 of section 28, T37N, R5E, W.M. Assessor's Parcel #'s 370528 180450 and 370528 461325. Use of Subject Site: Timber stand/vacant Use of Surrounding Properties: North: These properties are zoned Commercial Forestry and Rural Forestry with a MRL Overlay, and have a MRL Comprehensive Plan Designation. These properties are forested or have recently been harvested. East: These properties are zoned Commercial Forestry and have a Commercial Forestry Comprehensive Plan Designation. These properties are forested or have recently been harvested. South: These properties are zoned Commercial Forestry and have a Commercial Forestry Comprehensive Plan Designation. These properties are forested or have recently been harvested. 237 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor'West) Staff Report, Page 2 West: These properties are zoned Commercial Forestry and Rural Forestry and have Commercial Forestry and Rural Forestry Comprehensive Plan Designations. The property zoned and designated as Commercial Forestry has been recently harvested. The property zoned and designated Rural Forestry contains a residence on the property and is classified as Open Space Agricultural Conservation for the purposes of the Current Use Taxation program (RCW 84.34). Northwest: Adjacent to the northwest corner of the westernmost proposed parcel is land zoned R(5) and designated as Rural in the Comprehensive Plan. These parcels contain residences. II. BACKGROUND In 1978, a sand and gravel mining site was opened at the intersection of Bowman and Doran roads in the South Fork Valley. This site was permitted by the Washington State Department of Natural Resources under the site name Saxon. This permit was for extraction on 20 acres to a depth of 20 feet. In 1997, a revision was made to the permit to allow extraction to a depth of 25 feet. In September 2008, a permit was issued to expand the site to 41 acres with an allowed depth of 65 ft. In December 2008, an application was filed on behalf of Concrete Nor'West, doing business as 4M2K LLC, to amend the comprehensive plan map and zoning map. This application would expand the MRL designation, changing the Commercial Forestry designation to MRL and expanding the existing MRL zoning overlay over the Commercial Forestry zone. On November 10, 2009 the SEPA official issued a SEPA Determination of Nonsignificance (DNS). On December 1, 2009, another SEPA DNS was issued because the original DNS had not been sent to citizens who had requested notification. During the comment period associated with the second DNS there were numerous public comments submitted. On December 28, 2009 the SEPA official issued a Notice of Withdrawal of the SEPA DNS. The next day, December 29, 2009, a Mitigated Determination of Nonsignificance (MDNS) was issued. This MDNS was appealed by the applicant and Friends of the Nooksack Samish Watershed, an organized community group in the area. -- Concrete Nor'West appealed the mitigating condition that read: "The amendment of the Comprehensive Plan to include the subject property in a MRL designation shall not be effective until such time as additional environmental review is completed to address site specific issues, and a Development Agreement pursuant to RCW 36.70B.170 and WCC 20.92.850 is entered between Whatcom County and Concrete Nor'West." Concrete Nor'West took the position that MRL designations become effective upon approval by the County Council, that site specific impacts should be dealt with through Whatcom County Code (WCC) 20.73 Mineral Resource Lands Special District, and that the requirement for a 0) 238 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 3 Development Agreement constituted a revision to current procedures for reviewing surface mining proposals established in the Whatcom County Code. The Friends of the Nooksack Samish Watershed appealed the MDNS arguing that an assessment of potential significant adverse impacts associated with future mining at this location should be prepared and made available to the decision makers before Planning Commission makes a recommendation and the County Council makes a decision on the proposed comprehensive plan map and zoning map amendment. The concerns are included in the numerous citizen comments included as exhibits to this staff report. Generally, these concerns are in regard to protection of the underlying aquifer and potential impacts to nearby private wells; impacts on the quality of life related to noise, dust, and traffic; impacts to property value; impacts to nearby farms; impacts to the South Fork Nooksack River and the continuing efforts to restore endangered fish species; and impacts to the Samish River, which part of the proposed site drains to. Additionally, both the Lummi Nation and Nooksack Indian Tribe provided comments concerning potential water quality and salmonid population impacts related to mining within the South Fork Nooksack River sub -basin. They note there have been numerous salmon restoration projects and thousands of dollars spent by not only the Lummi Nation and Nooksack Indian Tribe, but also other WRIA 1 Watershed Planning and Salmon Recovery Initiating Governments, including Whatcom County. In addition to concerns about potential environmental impacts related to mining, the Nooksack Indian Tribe and Lummi Nation provided comments noting the possible impacts to cultural resources. The Washington State Department of Archaeology and Historic Preservation also provided a letter stating that there is a high probability for archaeological resources and burials in the Nooksack Valley, and that should future mining occur they would request a professional archaeological survey. The appeals were heard by the Hearing Examiner on May 12, 2010, and a decision was entered on June 16, 2010. In the decision the Hearing Examiner upheld the appeal of Concrete Nor' West of the mitigation conditions and denied the appeal of Friends of the Nooksack Samish Watershed. In the decision, the Hearing Examiner noted that the Mineral resource Lands designation is not a right to mine, and that a permit would still be required before mining could occur. It would be through the permitting process that the environmental review should occur. Additionally, the Hearing Examiner noted that there was no authority allowing the SEPA official to use SEPA authority to set aside the statutory process requirements for obtaining a permit, as set forth in the Whatcom County Code, in favor of a different process. On June 25, 2010, a notice of appeal of the Hearing Examiner decision was filed on behalf of the Friends of the Nooksack Samish Watershed. On September 14, 2010, there was consideration of the appeal in executive session during the Council Committee of the Whole. At the Regular County Council meeting on September 14, 2010, the Hearing Examiner's Finding of Fact of this appeal as expressed in his decision were adopted and incorporated, by reference, by the Whatcom County Council. 3 239 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 4 III: ANALYSIS OF THE PROPOSED AMENDMENT Pursuant to Whatcom County Code (WCC) 2.160, the planning commission and county council must find that all of the following criteria are satisfied in order to approve the proposed amendment. A. That the amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. Growth Management Act The Growth Management Act (GMA) includes a planning goal to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses" (RCW 36.70A.020(8)). Additionally, the GMA required counties to designate mineral resource lands that have long-term significance for extraction of minerals and adopt regulations to assure conservation of these mineral resource lands (RCW 36.70A.170 and 36.70A.060). Staff Comment: To address the mandates of the Growth Management Act, Whatcom County formed the Surface Mining Advisory Committee in the 1990s. Zoning regulations for the Mineral Resource Lands Special District were adopted in May of 1992 in accordance with RCW 36.70A.060. In May of 1994, the Mineral Resources Background Document was published and was revised in November 1994. The purpose of the document was to provide background information to decision makers and the general public regarding conservation and extraction of mineral resources in Whatcom County. Figure 6 of this document identified Interim Designation of Mineral Resource Lands and Classification of Mineral Resource Areas. These interim designations and designation criteria were then incorporated into the draft 1994 Comprehensive Plan as well as subsequent drafts. A final version of the Comprehensive Plan was adopted in 1997. In Chapter 8 — Resource Lands, this adopted version includrd Mineral Resource Lands Designations and designation criteria, as required under RCW 36.70A.170. Whatcom County Comprehensive Plan The Comprehensive Plan contains ten specific applicable criteria for designating MRLs. These ten designation criteria, along with other applicable goals and policies, are set forth in italics and addressed below. 1. Non-metallic deposits must contain at least one million cubic yards of proven and extractable sand, gravel, or rock material per new MRL Designation. Staff Comment: See Criteria #3. 4 240 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 5 2. Minimum MRL Designation size is twenty acres. Staff Comment: See Criteria 93. 3. Expansion of an existing MRL does not need to meet criteria 1 or 2. Staff Comment: The proposed 280-acre MRL is immediately south of, and adjacent to, an existing —180 acre MRL. Therefore, it is an expansion of an existing MRL and is not required to comply with criteria 1 and 2. 4. MRL Designation status does not apply to surface mines permitted as an accessory or conditional use for the purpose of enhancing agriculture or facilitating forestry resource operations. Staff Comment: The subject site does not contain a surface mine permitted for agricultural or forestry operations. Therefore, this criterion does not apply. 5. All pre-existing legal permitted sites meeting the above criteria will be designated. Staff Comment: The subject site does not contain a surface mine. Therefore, the subject site would not qualify under this criterion and must meet criteria 6-10 below. 6. The site shall have a proven resource that meets the following criteria: • Construction material must meet WSDOT Standard Specifications for common borrow criteria for road, bridge and municipal construction, or Whatcom County standards for other uses. • Sand and gravel deposits must have a net to gross ratio greater than 80% (1290 cy/acre/foot). Staff Comment: The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, confirming that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. The County's Geologist has reviewed the aggregate data submitted for the proposed area and concludes that the sand and gravel net to gross ratio will be greater than 80%. For the above reasons, staff concludes that the applicant has demonstrated compliance with mineral resource lands designation criterion # 6. 241 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 6 7. MRL Designations must not be within nor abut developed residential zones or subdivisions platted at urban densities. Staff Comment: The subject site is zoned Commercial Forestry (CF). The adjacent properties to the north of the proposed amendment are zoned Commercial Forestry and Rural Forestry. The adjacent properties to the east of the proposed amendment are zoned Commercial Forestry. The adjacent properties to the south of the proposed amendment are zoned Commercial Forestry. The adjacent properties to the west of the proposed amendment are zoned Rural Forestry and Commercial Forestry. The northwest corner of the proposed parcel touches the southeast corner of an approximate 10-acre parcel that is zoned Rural (R5A). There are no residential zones or urban density subdivisions adjacent to the site. Therefore, staff finds that this criterion is met. 8. MRL Designations must not occur within the 10 year zone of contribution for designated wellhead protection areas, as approved by the State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems, in accordance with source control provisions of the regulations on water system comprehensive planning. MRL designations may be modified if a wellhead protection area delineated subsequent to MRL designation encompasses areas within a designated MRL. If a fixed radii method is used to delineate a wellhead protection area, the applicant may elect to more precisely delineate the wellhead protection boundary using an analytical model; provided, that the delineated boundary proposed by the applicant is prepared by a professional hydrogeologist; and further provided, that the delineated boundary has been reviewed and approved by the Washington State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems. The hydrogeologist shall be selected by mutual agreement of the county, water purveyor, and applicant; provided, if agreement cannot be reached the applicant shall select a consultant from a list of no less than three qualified consultants supplied by the county and water purveyor. Staff Comment: According to GIS mapping, the proposed MRL is not within a designated wellhead protection area of any public water system. Therefore, staff -finds that this criterion is met. However, it is important to note that there are numerous private wells in the area. 9_ MRL Designation should not enclose by more than 50% non -designated parcels. Staff Comment: There is a parcel that would be enclosed upon by greater than 50% through approval of the proposed MRL designation. Staff met with the Long Range Planning Division and Natural Resources Division supervisors on December 15, 2010 to discuss the application of criteria #9 to the subject proposal. At this meeting, it was determined that the intent of this criterion is to prevent mineral resources lands from enclosing upon parcels where residential uses are allowed. Additionally, this criterion states that MRL designations "should not", rather than "shall not" enclose parcels by 0 242 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 7 more than 50%. Based upon direction given at this meeting, staff finds that the intent of the criterion has been met. 10. Criterion 10 is specific to designated urban and rural areas, and therefore does not apply. The Comprehensive Plan contains an additional criterion for Designated Forestry Areas. 11. Must demonstrate higher value as mineral resource than forestry resource based upon: • soil conditions • accessibility to market • quality of mineral resource • sustainable productivity of forest resource Staff Comment: Based on the Soil Survey of Whatcom County, the soil conditions on the site are in the top 1/3 of Whatcom County soil classifications in regards to Site Index. Site Index is a measure of forest quality based on expected height of a dominant tree species at a given age. Additionally, the Productivity Class, which is the yield in cubic meters per hectare per year calculated at the age of culmination of mean annual increment for fully stocked natural stands, for the soils at the proposed site are in the upper 50-75% of Whatcom County soil classifications. Soil conditions have no impact on the quality of underlying mineral resources on this site. The resources extracted from the current Saxon Site MRL are classified as pit run. Pit run is generally transported to construction sites, but could also be extracted to be processed in a concrete batch plant or asphalt batch plant. There are no limitations to where the construction sites may occur, but the cost of transporting resources makes it likely to be local. The County Geologist indicated that there are 2 concrete batch plants and 2 asphalt batch plants in Whatcom County. There are a number of mills in Whatcom County that are available for processing timber extracted from the proposed site. Both timber and mineral resources must travel to reach the market, whether it's a processing plant or construction site. The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, that confirms that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. In accordance with the Surface Mining Act, mines that result in more than 3 acres of mine - related disturbance or that have a high -wall that is both higher than 30 feet and steeper than 45 degrees are required to have a reclamation plan. The basic objective of reclamation at mines is to reestablish the vegetative cover, soil stability, and water conditions at the site. Through these reclamation plans, sites can be reclaimed into productive forest lands. In instances when forest productivity may be reduced due to disturbance of forest soils, it may 7 243 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 8 be beneficial to amend the soil. With the ability to resume productive forestry after reclamation of mineral resource extraction sites, in staff s opinion there is a higher value in scarce mineral resources than in forestry. In addition to the designation criteria, there are several other Comprehensive Plan policies and goals within Chapter 8 — Natural Resources that apply to the subject application: Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, ok.natural resources. Staff Report: The Whatcom County Natural Resources Report — Mineral Resources Background Document (Nov. 1994) indicates that noise and dust are concerns associated with mining operations. Maximum permissible noise levels are established under WAC 173-60, and surface mines must also comply with the noise standards of WCC 20.73.701, which include limitations on days and hours of operation. Additionally, mining in an MRL requires an administrative approval permit from Whatcom County. The criteria for receiving an administrative approval permit include buffers of sufficient size and vegetation or berm ing to ensure compliance with applicable regulations and performance standards. During reclamation, buffers may be reduced for a three month period to establish final reclaimed topography. Therefore, the specific size and composition of the buffers would be established through the permitting process to mitigate noise and dust impacts. In addition to letters submitted by citizens, the County has received letters from the following, regarding potential impacts to water quality and salmon restoration: • The Lummi Nation dated January 15, 2010 • The Lummi Nation dated March 25, 2011 • The Nooksack Indian Tribe dated December 23, 2009 In his June 16, 2010 decision, the Hearing Examiner cited a prior case involving a proposed Comprehensive Plan amendment to expand a Mineral Resource Lands overlay, in which he concluded "that future review of a mining project on the property will be subject to requirements for environmental analysis and mitigation, both under SEPA and pursuant to Whatcom County regulation of Mineral Resource Lands, including meeting the requirement for a permit to conduct surface mining. This will provide adequate analysis of and specific mitigation for any adverse environmental impacts of actual surface mining on this site. Policy 8K 2: Consider the maintenance and upgrade ofpublic roads. Address all truck traffic on county roads in a fair and equitable fashion. Staff Comment: The Whatcom County Natural Resources Report - Mineral Resources 244 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 9 Background Document (Nov. 1994) states: ... Damage to roads can be severe, as many roads are not designed to accommodate heavy vehicles. Most county roads have insufficient gravel underlayment, limited widths, small shoulders, substandard geometrics and inadequate paving for sustained use by heavy trucks, as they were not designed or built for such purposes. However, many state highways are built to withstand heavy truck traffic, and in Whatcom County many of the significant mining areas are near these highways. (pp. 27) Whatcom County Public Works Engineering, in a memo of January 6, 2011 (Exhibit E), stated general concerns and specific requirements that may be conditioned as part of any future mining applications. Policy 8K-3: Avoid adversely impacting water quality. The protection of aquifers and recharge zones should have precedence over surface mining in the event it is determined by the county that adverse impacts cannot be avoided through the standard use of best management practices. Avoid contamination of aquifers by using uncontaminated material for reclamation or on -site storage. Staff Comment: As noted above in Designation Criteria #8, there are numerous private wells in the area. According to the adopted Critical Areas Ordinance — Critical Aquifer Recharge Area map, over half of the proposed parcels are underlain by a surficial aquifer, the susceptibility of which has not been assessed. The area of the surficial aquifer is in the flatter, northern portion of the proposed parcels. As part of reclamation, importing material is occasionally used, but is discouraged by the Department of Natural Resources because of the potential for contamination. Most sites use material that had been pushed aside in order to access the resource. Policy 8K 4: Require, where there exists County jurisdiction, the reclamation of mineral resource lands on an ongoing basis as mineral deposits are depleted. Best Management Practices should be used to achieve this. Staff Comment: The Surface Mining Act is a reclamation law that requires a permit for each mine that: (1) results in more than 3 acres of mine -related disturbance, or (2) has a high -wall that is both higher than 30 feet and steeper than 45 degrees. Assuring reclamation is a key responsibility of the Department of Natural Resources (DNR), which administers the Surface Mining Act. In order for the County to assume jurisdiction of enforcement of surface mine reclamation, the County would need to agree to the following, per 332-18-01001 WAC: a) Enforce all provisions of the act, these rules, and the approved reclamation plan; b) Continuously employ enough qualified mine regulatory personnel to achieve the purposes of the act and these rules; E 245 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 10 c) Assume full responsibility for all aspects of enforcement that are described in the contract between the department and the County; d) Provide the department with copies of all documents related to enforcement; and e) Comply with all related written policies of the department. In doing so, DNR would maintain sole authority to approve reclamation plans, to issue reclamation permits, to issue declarations of abandonment, to cancel reclamation permits, and to develop reclamation regulations and standards. Policy 8K-5: Have an ultimate use for the land used for mineral extraction which will complement and preserve the value of adjoining land. Staff Comment: Reclamation permits obtained from the Department of Natural Resources require that local governments must formally approve the subsequent use of mine sites prior to receiving a reclamation permit. If mining were to occur in the future, the subsequent use of the land would be based upon uses allowed by the underlying zone. In this case, the underlying zone is Commercial Forestry and the subsequent use would be required to meet the provisions of Whatcom County Code WCC 20.43 Commercial Forestry District. Policy 8L-1: Discourage new residential uses from locating near designated mineral deposit sites until mineral extraction is completed unless adequate buffering is provided by the residential developer. Staff Comment: There are parcels nearby that have the ability to support new residential uses, either due to the fact that the parcel is presently vacant, or a buildable lot could be created by land division. In 1994, Whatcom County Council adopted WCC Chapter 14.06 Mineral Resource Land Disclosure in order to promote a good neighbor policy between the mineral resource industry and property owners. This disclosure is required as follows: 14.06.030(1) Upon the conveyance of a fee interest in real --property the seller shall require that the notice of disclosure be signed by the purchaser and recorded in the County auditor's office in conjunction with the deed conveying the real property when the real property is on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan. 14.06.030(2) Upon the issuance of a discretionary development permit for land on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan, the discretionary development permit shall include a condition that the owners of the property be required to sign a statement of acknowledgment containing the 101 246 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 11 notice of disclosure on forms provided by Whatcom County, which shall then be recorded in the County auditor's office. 14.06.030(3) All building permits and discretionary development permits for land on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan shall contain the notice of disclosure. According to Whatcom County GIS data, the only parcels that would be subject to WCC 14.06 that are not presently affected by this chapter are zoned and designated commercial forestry and only allow living quarters directly related to forestry activities. Policy 8L-4: Buffer mineral resource areas adjacent to existing residential areas. Buffers preferably should consist of berms and vegetation to minimize impacts to adjacent property owners. Buffers should be reduced for a limited period of time during reclamation if quality minerals are contained therein. Staff Comment: Buffering of mining operations is required under WCC 20.73.131(3) which requires that: Buffers are established of sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are .within applicable regulations and performance standards. When completing a reclamation segment, buffer may be reduced for a three-month period to establish the final reclaimed topography. Policy 8N-2: Allow rock crushing, washing and sorting in the forest zones when appropriate as long as conflicts with other land uses can be mitigated. Staff Comment: These activities are presently allowed in the Commercial Forestry zone, either outright, through the administrative approval process, or through the conditional use process. Any mitigation required for mining activities would-be addressed as part of the permitting process. Policy 8N-3: Allow commercial surface mining operations in the forest zones when appropriate as long as conflicts with other land use zones can be mitigated. Staff Comment: Clearing for, or expansion of, rock pits for nonforest practice uses or development of surface mines is considered a conversion activity under Washington Administrative Code (WAC) 222-16-10. As a conversion activity, a permit would be required by Whatcom County. Any mitigation required for commercial surface mining operations would be addressed as part of the permitting process. Within the Commercial Forestry District, subject to the administrative approval process, the following uses are permitted: 11 247 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor'West) Staff Report, Page 12 Surface mining subject to Washington State's Surface Mining Act (Chapter 78.44 RCW), and accessory washing, sorting, and rock crushing when within a Mineral Resource Land Special District subject to the requirements of Chapter 20.73 WCC and all other applicable regulations. Mineral processing facilities within the Commercial Forestry District are subject to the conditional use permitting process_ Goal 8P: Designate Mineral Resource Lands (MRLs) containing commercially significant deposits throughout the county in proximity to markets in order to avoid construction aggregate shortages, higher transport costs, future land use conflicts and environmental degradation. Balance MRL designations with other competing land uses and resources. Staff Comment: The subject site is: • Approximately 12 miles east-southeast of the Bellingham city limits; • Approximately 18 miles south-southeast of the Everson and Nooksack city limits; • Approximately 12.5 miles north-northeast of Sedro Woolley • Note: These are straight-line distances, not driving distances. While creating a MRL designation would provide protection for mineral resources, it would remove the Commercial Forestry District resource designation. Additionally there are residential uses on nearby Rural and Rural Forestry lands. Policy 8P-1: Seek to designate a 50 year supply of commercially significant construction aggregate supply to the extent compatible with protection of water resources, agricultural lands, and forest lands. Staff Comment: In 1994 the Whatcom County Surface Mining Advisory Committee published the Final Report and Recommendations regarding mineral resources within the county. Among other things, this report studied the supply and demand of mineral resources. The report notes that there is a deficit of roughly 97 million cubic yards of sand and gravel resources between the supply in presently designated MRLs and the expected demand over a 50-year planning period. . Policy 8P-2: Ensure that at least 50% of the total areas designated for construction aggregate are within 10 miles from cities and urban growth areas where feasible. Staff Comment: Greater than 50% of the total areas designated for construction aggregate are within 10 miles of cities and/or UGAs. Policy 8P-4: Allow mining within designated MRLs through an administrative approval use permit process requiring: 12 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 13 1. on -site environmental review, with county as lead agency, and 2. application of appropriate site specific conditions, and 3. notification to neighboring property owners within 1,000 feet to insure opportunityfor written input and/or appeal, and 4. access to de novo review by the Hearing Examiner if administrative approval or denial is appealed. Staff Comment: Pursuant to WCC 20.73.130 Administrative Approval Uses, Surface mining subject to Washington State's Surface Mining Act and accessory washing and sorting is a use permitted subject to administrative approval, provided that: -Application of additional site specific conditions may be required to mitigate potential impacts that are not otherwise regulated through WCC 20.73.650 and 20.73.700 or through federal, state, or local regulations. -The notification requirements of WCC 20.84.235 shall be expanded to all property owners within 1,000 feet of the external boundaries of the subject property. -Appeal to the hearing examiner under WCC 20.84.235 of an administrative permit shall be made by de novo review. Additionally, pursuant to Hearing Examiner Decision and phased SEPA Threshold Determination, further SEPA review will occur at any point in the future in which site specific actions are being applied for through the administrative approval use permit process. Policy 8P-5: Consider potential resource areas identified in the Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington (GeoEngineers, Inc., Sept. 30, 2003) during county review of land development projects in order to avoid development incompatible with mineral resource extraction. Staff Comment: The GeoEngineers publication "Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington" identifies the Saxon Site MRL site as 1 of 24 Whatcom County MRL areas. The properties associated with this proposal are located immediately south of the Saxon MRL. Policy 8Q-1: Ensure that adequate riparian buffers are maintained along rivers and streams. Staff Comment: Riparian buffers along rivers and streams, as well as buffers associated with wetlands and other critical areas are determined on a case -by -case basis, depending on site specific conditions. Any application for surfacing mining would be reviewed for site specific conditions as part of the administrative approval process. Policy 8Q-2 Ensure proper treatment of wastewater prior to discharge. Staff Comment: The Department of Ecology regulates wastewater through the Sand and Gravel General Permit. This permit regulates discharges of process water, stormwater, and 13 249 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 14 mine dewatering water associated with sand and gravel operations, rock quarries, and similar mining operations, including stockpiles of mined material. Policy 8Q-3 Provide and maintain best management practices for erosion control to prevent sedimentation. Staff Comment: The Department of Ecology Sand and Gravel General Permit requires the permittee to develop, maintain, and comply with their erosion and sediment control plan. This plan must contain information on all the best management practices and structures that control Type 2 stormwater:.Type 2 stormwater is from portions of a site where mining has temporarily or permanently ceased; from storage areas for stockpiles of raw materials or finished products; or from portions of a site with exposed soils, cleared in preparation for mining or other industrial activity. If properly managed, Type 2 stormwater won't typically require treatment prior to discharge, however treatment may be required if it exceeds the turbidity limit. Policy 8Q-4 Provide proper storage and containment of hazardous materials, and provide for appropriate on -site spill response and clean-up materials and personnel. Staff Comment: The Department of Ecology Sand and Gravel General Permit requires the permittee to develop and maintain a spill plan. The plan must identify the materials of concern, spill prevention measures, and spill response procedures. Policy 2J-4 Protect culturally and spiritually significant places from non -essential development that is viewed as incompatible by the affected community. Staff Comment: The County has received letters from the following, regarding potential impacts to cultural resources: • The Washington State Department of Archaeology and Historic Preservation (DAHP) dated December 15, 2009. • The Nooksack Indian Tribe dated December 23, 2009. ^` The letter from the DAHP noted that there are reports of prehistoric and historic artifacts on nearby properties and that the Nooksack Valley has a high probability for archaeological resources and burials. Any cultural resources on proposed site would be destroyed by mineral mining. The letter also noted that archaeological sites are protected by law, and that permits must be obtained from the DAHP prior to excavation, removal, or alteration of cultural resources. Finally, the DAHP requested a professional archaeological survey of the proposed site be conducted, and that the concerned Tribes' cultural committees and staff be consulted regarding cultural resource issues. 14 250 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report; Page 15 Coin -Wide Planning Policies County -Wide Planning Policy I-9 states that: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. Staff Comment: The property immediately to the north is designated as an MRL and the applicant has demonstrated that the subject site contains marketable mineral resources. Therefore, the proposed MRL designation would facilitate protection and potential utilization of proven mineral resources. Interlocal Agreement Staff Comment: Staff is not aware of any interlocal agreements affecting the subject site. B. That further studies made or accepted by the department of planning and development services indicate changed conditions that show the need for the amendment. Whatcom County Comprehensive Plan Policy 8P-1 is to "Seek to designate a 50 year supply of commercially significant construction aggregate supply to the extent compatible with protection of water resources, agricultural lands, and forest lands." The County designated MRLs in 1997 that were believed to meet the 50-year supply, but were based on limited information. Several subsequent studies have addressed the mineral supply issue. The Washington State Department of Natural Resources (DNR) completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (Jan. 2001). This study indicates that the working lifetime of most of the significant pits in the county is 10 to 20 years (p. 5). DNR's report constitutes a "further study" that suggests a need for additional aggregate resources in proximity to the developing portions of Whatcom County. Additionally, the County contracted with Geo-Engineers to study the supply of sand, gravel and bedrock in Whatcom County. Their study, entitled Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington, was completed in September 2003. The Whatcom County Surface Mining Advisory Committee analyzed the 50- year demand and supply for mineral resources after considering the Geo-Engineers study. The Whatcom County Surface Mining Advisory Committee Final Report and Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing MRLs to satisfy demand over the first 20 years of the planning period. However, there is an imbalance in the demand 15 251 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 16 and supply of sand and gravel. There is a greater need for gravel resources than sand and, as we approach the end of the 20-year planning period, we can anticipate a shortage of gravel. Additionally, shortly after the 20-year planning period, we will run out of sand and gravel resources if existing MRLs are not expanded. Over the 50-year planning period, there would be a mineral resource deficit of approximately 105 million cubic yards if additional MRLs are not designated. This includes a deficit of about 96.9 million cubic yards of sand & gravel and 8.1 million cubic yards of bedrock... (p. 7). The public policy of Whatcom County is to seek to designate a 50-year supply of mineral resources in MRLs. Studies indicate that this goal has not yet been achieved. Therefore, staff finds that this criterion is satisfied. C. That the public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: 1. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. Staff Comment: The proposed MRL is 280 acres and is zoned Commercial Forestry. Permanent living quarters unassociated with operation or oversight of forest management activities are prohibited uses under WCC 20.43 Commercial Forestry, and would continue to be prohibited under a MRL zoning overlay. Extraction of mineral resources would result in a conversion from forest land, as defined by RCW 76.09.020(8), though the parcels would still be zoned Commercial Forestry. Where mineral resources are extracted and therefore converted from forest land, upon reclamation, future forest practices would no longer be regulated solely by DNR, but would also require permits from Whatcom County. 2. The anticipated effect upon the ability of the County and/or otner service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. Staff Comment: The subject site is within the Mt. Baker School District. Residential housing is prohibited within the Commercial Forestry zone with a Mineral Resource Overlay. According to the Coordinated Water System Plan map, the subject site is not located within a designated water service area. Public sewer does not serve the site. The proposed site is also located outside of any fire district. Appropriate mitigating measures may need to be implemented to ensure adequate road and bicycle/pedestrian facilities are provided upon application for mining. 16 252 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 17 3. Anticipated impact upon designated agricultural, forest and mineral resource lands. Staff Comment: The proposed site is currently designated forest lands. This proposal would allow for mining activities over the site. If mining activities occur, it would result in the removal of forestry activities and conversion of the forest land, as defined by RCW 76.09.020(8), wherever mining operations occur. Upon completion of mining operations, the land shall be reclaimed to an approved subsequent use, which would be dictated by the underlying zoning. Therefore, upon completion of mining activities, the site would be returned to active forestry regulated by WCC 20.43 Commercial Forestry. D. That the amendment does not include nor facilitate illegal spot zoning. According to the Official Whatcom County Zoning Ordinance: "Illegal spot zoning" means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole (WCC 20.97.186). In 1997, the Washington Supreme Court, in the case of Citizens for Mount Vernon v. The City of Mount Vernon (133 Wn.2d 861) indicated "... Spot zoning is a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan ..." The Court, quoting professor Richard L. Settle, went on to say: The vice of `spot zoning' is not the differential regulation of adjacent land but the lack of public interest justification for such discrimination. Where differential zoning merely accommodates some private interest and bears no rational relation-st ip to promoting legitimate public interest, it is `arbitrary and capricious' and hence `spot zoning.' The proposed MRL clearly has private interests behind it (as do many amendments submitted by private parties). However, it also includes a degree of "public interest justification" because it would provide a proven source of sand/gravel in proximity to urban growth area markets in a situation where Whatcom County does not have a designated 50-year supply of mineral resources in accordance with the policy of the Comprehensive Plan. Additionally, the site is directly adjacent to an existing MRL designation. Therefore, it appears that the proposal would not constitute spot zoning. 17 253 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 18 IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION An application for comprehensive plan and related zoning amendments was received by Whatcom County on December 30, 2008. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 10, 2009. The DNS was revised in order to allow all interested parties to comment, and issued on December 1, 2009. 4. The DNS was withdrawn and a mitigated determination of non -significance (MDNS) was issued on December 29, 2009. 5. Concrete Nor'West, the applicant, appealed the inclusion of a condition attached to the MDNS. 6. Friends of the Nooksack Samish Watershed appealed the issuance of a Determination of Non -Significance and requested that an Environmental Impact Statement be completed prior to the Planning Commission and Whatcom County Council considering the request to extend the Mineral Resource Lands Overlay to the subject 280-acre parcel. 7. The Hearing Examiner held a hearing on May 12, 2010. 8. In a ruling on June 16, 2010, the Examiner denied the appeal of Friends of the Nooksack Samish Watershed requesting that the Hearing Examiner overturn the Determination of Non -Significance, and upheld the appeal of Concrete Nor' West of the mitigation conditions attached to the DNS. On June 25, 2010, a notice of appeal of the Hearing Examiner decision was filed on behalf of the Friends of the Nooksack Samish Watershed by David -Mann. 10. On September 14, 2010, there was consideration of the appeal in executive session during the Council Committee of the Whole. 11. At the Regular County Council meeting on September 14, 2010, the Hearing Examiner's Finding of Fact of this appeal as expressed in his decision were adopted and incorporated, by reference, by the Whatcom County Council. 12. Notice of the Planning Commission hearing was posted at the subject site on March 10, 2011. 13. Notice of the Planning Commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on March 14, 2011. 18 254 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 19 14. Notice of the Planning Commission hearing was e-mail to interested parties on April 1, 2011. 15. Notice of the Planning Commission hearing was published in the Bellingham Herald on April 5, 2011. 16. Notice of the postponement of the Planning Commission hearing was e-mailed to interested parties on April 6, 2011. 17. Notice of the postponemen_t.and reschedule of the Planning Commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on April 7, 2011. 18. Notice of the rescheduled of the Planning Commission hearing was e-mail to interested parties on April 11, 201 L 19. Notice of the rescheduled Planning Commission hearing was e-mailed to interested parties on May 16, 2011 20. Notice of the rescheduled Planning Commission hearing was posted at the subject site on May 19, 2011. 21. Notice of the rescheduled Planning commission hearing was mailed to surrounding property owners within 2,000' of the proposed MRL on May 23, 2011. 22. Notice of the rescheduled Planning Commission hearing was published in the Bellingham Herald on May 25, 2011. 23. Notice of the proposed amendment was sent to the Department of Commerce on May 25, 2011. 24. On May 25, 2011 the Department of Commerce acknowledged receipt of the notice, and that a copy of the notice had been forwarded to other state agencies. 25. Notice of the rescheduled Planning commission hearing was e-mailed to interested parties on May 31, 2011 26. An existing surface mine is located on MRL designated land adjacent to the subject site. A State Department of Natural Resources (DNR) Reclamation Permit was originally issued for this mine in 1978, for a mine of 20 acres. 27. In 1997, a revision was made to the DNR Reclamation Permit to allow extraction to a depth of 25 feet. 19 255 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 20 28. On March 5, 2004 Whatcom County approved ADM2003-00012 for expansion of the mine to 41 acres. 29. The State Department of Natural Resources Reclamation Permit was revised in 2008 to expand the site to 41 acres. 30. The Whatcom County Comprehensive Plan contains specific criteria for designating Mineral Resource Lands. 31. Mineral resource designation criteria # 1, 2 and 3 state: 1. Non-metallic deposits must contain at least one million cubic yards of proven and extractable sand, gravel, or rock material per new MRL Designation. 2. Minimum MRL Designation size is twenty acres. 3. Expansion of an existing MRL does not need to meet criteria 1 or 2. The proposed 280-acre MRL is immediately south of, and adjacent to, an existing —180 acre MRL. Therefore, it is an expansion of an existing MRL and is not required to comply with criteria 1 and 2 32. Mineral resource designation criterion # 4 states, "MRL Designation status does not apply to surface mines permitted as an accessory or conditional use for the purpose of enhancing agriculture or facilitating forestry resource operations." The subject site does not contain a surface mine permitted for agricultural or forestry operations. Therefore, this criterion does not apply. 33. Mineral resource designation criterion # 5 states, "All pre-existing legal permitted sites meeting the above criteria (criteria 1-4) will be designated." There-ts not an existing permitted mine on the subject site. Therefore, the subject site would not qualify under this criterion and must meet criteria 6-10. 34. Mineral resource designation criterion # 6 states "The site shall have a proven resource that meets the following criteria: Construction material must meet WSDOT Standard Specifications for common borrow criteria for road, bridge and municipal construction, or Whatcom County standards for other uses. • Sand and gravel deposits must have a net to gross ratio greater than 80% (1290 cy/acre/foot)." 20 256 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 21 The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, that confirms that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. The County's Geologist has reviewed the aggregate data submitted for the proposed area and concludes that the sand and gravel net to gross ratio will be greater than 80%. 35. Mineral resource designation criterion #7 states "MRL Designations must not be within nor abut developed residential zones or subdivisions platted at urban densities." The subject site is zoned Commercial Forestry. The adjacent properties to the north of the proposal are zoned Commercial Forestry and Rural Forestry. The adjacent properties to the east of the proposed amendment are zoned Commercial Forestry. The adjacent properties to the south of the proposal are zoned Commercial Forestry. The adjacent properties to the west of the proposal are zoned Rural Forestry and Commercial Forestry. The northwest corner of the proposed parcel touches the southeast corner of an approximately 10 acre parcel that is zoned Rural (R5A). There are no urban density subdivisions adjacent to the site. 36. Mineral resource designation criterion # 8 states "MRL Designations must not occur within the 10 year zone of contribution for designated wellhead protection areas, as approved by the State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems, in accordance with source control provisions of the regulations on water system comprehensive planning. MRL designations may be modified if a wellhead protection area delineated subsequent to MRL designation encompasses areas within a designated MRL. If a fixed radii method is used to delineate a wellhead protection area, the applicant may elect to more precisely delineate the wellhead protection boundary using an analytical model; provided, that the delineated boundary proposed by the applicant is prepared by a pro-essional hydrogeologist; and further provided, that the delineated boundary has been reviewed and approved by the Washington State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems. The hydrogeologist shall be selected by mutual agreement of the County, water purveyor, and applicant; provided, if agreement cannot be reached the applicant shall select a consultant from a list of no less than three qualified consultants supplied by the County and water purveyor. According to GIS mapping, the proposed MRL is not within a designated wellhead protection area of any public water system. Therefore, staff finds that this criterion is met. However there are numerous private wells nearby. 37. Mineral resource designation criterion # 9 states, "MRL Designation should not enclose by more than 50% non -designated parcels." 21 257 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 22 There is a parcel that would be enclosed by greater than 50% through approval of the proposed MRL designation. This parcel is zoned Commercial Forestry. Single family residential development is not permitted in the Commercial Forestry zone. Staff met with the Long Range Planning Division and Natural Resources Division supervisors on December 15, 2010 to discuss the application of criteria #9 to the subject proposal. At this meeting, it was determined that the intent of this criterion is to prevent mineral resource lands from enclosing upon parcels where residential uses are allowed. Additionally, this criterion states that MRL designations "should not", rather than "shall not" enclose parcels by more than 50%. 38. Criterion #10 is specific to Designated Urban and Rural Areas, and therefore is not applicable to this proposal. 39. Mineral resource designation criterion # 11 states, "Must demonstrate higher value as mineral resource than forestry resource based upon: soil conditions, accessibility to market, quality of mineral resource, sustainable productivity of forest resource." Based on the Soil Survey of Whatcom County, the soil conditions on the site are in the top 1/3 of Whatcom County soil classifications in regards to Site Index. Site Index is a measure of forest quality based on expected height of a dominant tree species at a given age. Additionally, the Productivity Class, which is the yield in cubic meters per hectare per year calculated at the age of culmination of mean annual increment for fully stocked natural stands, for the soils at the proposed site are in the upper 50-75% of Whatcom County soil classifications. Soil conditions have no impact on the quality of underlying mineral resources on this site. The resources extracted from the current Saxon Site MRL are classified as pit run. Pit run is generally transported to construction sites, but could also be extracted to be processed in a concrete batch plant or asphalt batch plant. There are no limitations to where the construction sites may occur, but the cost of transporting resources makes it likely to be local. The County Geologist indicated that there are 2 concrete baTch plants and 2 asphalt batch plants in Whatcom County. There are a number of mills in Whatcom County that are available for processing timber extracted from the proposed site. Both timber and mineral resources must travel to reach the market. The applicant submitted a report from Associated Earth Sciences, Inc. dated September 10, 2009, that confirms that LA Abrasion, Degradation, Sand Equivalent, and Specific Gravity tests of the subject material meets Washington State Department of Transportation (WSDOT) specifications for Unbound Granular Applications, Hot -Mix Asphalt and for Portland Cement Concrete. The County's Geologist has reviewed the data and agrees with the submitted conclusions. In accordance with the Surface Mining Act, mines that result in more than 3 acres of mine - related disturbance or that have a high -wall that is both higher than 30 feet and steeper than PIP) 258 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 23 45 degrees are required to have a reclamation plan. The basic objective of reclamation at mines is to reestablish the vegetative cover, soil stability, and water conditions at the site. Through these reclamation plans, sites can be reclaimed into productive forest lands. In instances when forest productivity. may be reduced due to disturbance of forest soils, it may be beneficial to amend the soil. Designated mineral resources in Whatcom County are not abundant enough to provide a 50-year supply. Forest land can be converted for mineral resource extraction and returned to productive forestry through a reclamation plan, as required by the Washington State Department of Natural Resources, through the Surface Mining Reclamation Program. With the ability to resume productive forestry after reclamation of mineral resource extraction sites, in staff s opinion there is a higher value in scarce mineral resources than in forestry. 40. In addition to the ten specific criteria for designating MRLs, the Whatcom County Comprehensive Plan contains goals and policies that are applicable to the proposal. 41. Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources. Noise and dust are concerns associated with mining operations. The Whatcom County Natural Resources Report - Mineral Resources Background Document (Nov. 1994) indicates that: ... Emissions of dust, either through crushing and screening, or excavation and transfer, may be significant and are to some extent unavoidable. Mitigating measures, however, may be taken to reduce such impacts. ... Rapid reclamation of sites is very important in reducing the mounts of particulate matter emitted. ... Numerous studies show a link between distractive noise and human health. Unwanted noise can cause health problems such as stress, sleep disruption, and hinder mental and social well being. ... The noise levels at one hundred feet (100') from operating excavation and transport equipment are typically 70-80 decibels. Noise from crushers, screens and washers typically approach 90 decibels at similar distances. 23 259 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 24 Noise levels decrease with distance at approximately 6 decibels per doubling of distance from source of the noise. The rate at a typical mine site would then be as follows: Distance feet Level dBA 50 84 100 78 200 72 400 66 800 60 1500 55 ... The control of noise can be achieved through (1) reducing the sound produced, (2) interrupting the path of the sound, and (3) protecting the recipient ... The impacts of noise can be moderated by restricting hours of operation, construction of berms to act as sound buffers, locating pit activities in one area at a time, and by installation of muffling equipment on machinery. The construction of a twenty foot berm around a pit with 2:1 slopes on both sides of its peak may reduce sound from a typical 80 dBA to 50 dBA one hundred feet away from the noise source ... Some additional noise impacts may be unavoidable ... (pp. 25-27). Maximum permissible noise levels are established under WAC 173-60, and surface mines must also comply with the noise standards of WCC 20.73.701, which include limitations on days and hours of operation. Additionally, mining in an MRL requires an administrative approval permit from Whatcom County. The criteria for receiving an administrative approval permit include: Buffers are established of sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. When colleting a reclamation segment, buffer may be reduced for a three-month period to establish the final reclaimed topography (WCC 20.73.130(3)). Therefore, the specific size and composition of the buffers would be established through the permitting .process to mitigate noise and dust impacts. In addition to letters submitted by citizens, the County has received letters from the following, regarding potential impacts to water quality and salmon restoration: • The Lummi Nation dated January 15, 2010 • The Lummi Nation dated March 25, 2011 • The Nooksack Indian Tribe dated December 23, 2009 In his June 16, 2010 decision, the Hearing Examiner cited a prior case involving a proposed Comprehensive Plan amendment to expand a Mineral Resource Lands overlay, in which he 24 260 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor'West) Staff Report, Page 25 concluded "that future review of a mining project on the property will be subject to requirements for environmental analysis and mitigation, both under SEPA and pursuant to Whatcom County regulation of Mineral Resource Lands, including meeting the requirement for a permit to conduct surface mining. This will provide adequate analysis of and specific mitigation for any adverse environmental impacts of actual surface mining on this site. 42. Policy 8K-2: Consider the maintenance and upgrade of public roads. Address all truck traffic on county roads in a fair and equitable fashion. The Whatcom County Natural Resources Report - Mineral Resources Background Document (Nov. 1994) states that "... Damage to roads can be severe, as many roads are not designed to accommodate heavy vehicles. Most county roads have insufficient gravel underlayment, limited widths, small shoulders, substandard geometrics and inadequate paving for sustained use by heavy trucks, as they were not designed or built for such purposes. However, many state highways are built to withstand heavy truck traffic, and in Whatcom County many of the significant mining areas are near these highways." (pp. 27) Whatcom County Public Works Engineering, in a memo of January 6, 2011 (Exhibit E), stated in part: • Haul route shall be via Doran Rd to Hwy-9. Doran Rd is classified as a Rural Local Access road. Doran Rd is not an all-weather construction road, therefore it is subject to road weight restrictions. During weight restrictions time, the owner will not be able to haul unless the owner rebuilds the road to all-weather standards. • The owner shall contact WSDOT regarding any additional impacts on the state facilities such as sight distance and intersection improvements on Doran Rd and Hwy-9. Copy of the letter regarding ay WSDOT requirements shall be submitted to the County. • Doran Rd Bridge #159 conditions and crossing will be reviewed at the time of project permit application. • Traffic Study with proposed trip distribution shall be submitted at the time of project permit application. Further improvements may be required based on the traffic generated. • Proposed future development may be subject to more requirements based on submitted project proposal, information and details at the time of project permit application. 43. Policy 8K-3: Avoid adversely impacting water quality. The protection of aquifers and recharge zones should have precedence over surface mining in the event it is determined by the county that adverse impacts cannot be avoided through the standard use of best management practices. Avoid contamination of aquifers by using uncontaminated material for reclamation or on -site storage. There are numerous private wells in the area. According to the adopted Critical Areas Ordinance — Critical Aquifer Recharge Area map, over half of the proposed parcels are underlain by a surficial aquifer, the susceptibility of which has not been assessed. The 25 261 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 26 area of the surficial aquifer is in the flatter, northern portion of the proposed parcels. As part of reclamation, importing material is occasionally used, but is discouraged by the Department of Natural Resources because of the potential for contamination. Most sites use material that had been pushed aside in order to access the resource. 44. Policy 8K-4: Require, where there exists County jurisdiction, the reclamation of mineral resource lands on an ongoing basis as mineral deposits are depleted. Best Management Practices should be used to achieve this. The Surface Mining Act is a reclamation law that requires a permit for each mine that: (1) results in more than 3 ages of mine -related disturbance, or (2) has a high -wall that is both higher than 30 feet and steeper than 45 degrees. Assuring reclamation is a key responsibility of the Department of Natural Resources (DNR), which administers the Surface Mining Act. In order for the County to assume jurisdiction of enforcement of surface mine reclamation, the County would need to agree to the following, per 332-18- 01001 WAC: f) Enforce all provisions of the act, these rules, and the approved reclamation plan; g) Continuously employ enough qualified mine regulatory personnel to achieve the purposes of the act and these rules; h) Assume full responsibility for all aspects of enforcement that are described in the contract between the department and the County; i) Provide the department with copies of all documents related to enforcement; and j) Comply with all related written policies of the department. If the County were to assume jurisdiction of enforcement of surface mine reclamation, DNR would maintain sole authority to approve reclamation plans, to issue reclamation permits, , to issue declarations of abandonment, to cancel reclamation permits, and to develop reclamation regulations and standards. 45. Policy 8K-5: Have an ultimate use for the land used for mineral extraction which will complement and preserve the value of adjoining land. T Reclamation permits obtained from the Department of Natural Resources require that local governments must formally approve the subsequent use of mine sites prior to receiving a reclamation permit. If mining were to occur in the future, the subsequent use of the land would be based upon uses allowed by the underlying zone. In this case, the underlying zone is Commercial Forestry and the subsequent use would be required to meet the provisions of Whatcom County Code WCC 20.43 Commercial Forestry District. 46. Policy 8L-1: Discourage new residential uses from locating near designated mineral deposit sites until mineral extraction is completed unless adequate buffering is provided by the residential developer. 26 262 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor'West) Staff Report, Page 27 There are parcels nearby that have the ability to support new residential uses, either due to the fact that the parcel is presently vacant, or a buildable lot could be created by land division. In 1994, Whatcom County Council adopted WCC Chapter 14.06 Mineral Resource Land Disclosure in order to promote a good neighbor policy between the mineral resource industry and property owners. This disclosure is required as follows: 14.06.030(1) Upon the conveyance of a fee interest in real property the seller shall require that the notice of disclosure be signed by the purchaser and recorded in the County auditor's office in conjunction with the deed conveying the real property when the real property is on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan. 14.06.030(2) Upon the issuance of a discretionary development permit for land on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan, the discretionary development permit shall include a condition that the owners of the property be required to sign a statement of acknowledgment containing the notice of disclosure on forms provided by Whatcom County, which shall then be recorded in the County auditor's office. 14.06.030(3) All building permits and discretionary development permits for land on or within 500 feet of the area designated as mineral resource land on the map or maps comprising the Whatcom County comprehensive plan shall contain the notice of disclosure. According to Whatcom County GIS data, the only parcels that would be subject to WCC 14.06 that are not presently affected by this chapter are zoned and designated commercial forestry and only allow living quarters directly related to forestry activities. 47. Policy 8L-4: Buffer mineral resource areas adjacent to existing residential areas. Buffers preferably should consist of berms and vegetation to minimize impacts to adjacent property owners. Buffers should be reduced for a limited period of time during reclamation if quality minerals are contained therein. Buffering of mining operations are required under WCC 20.73.131(3) which requires that Buffers are established of sufficient size and with sufficient vegetation or berming to ensure that noise, dust, and other impacts to surrounding property owners are within applicable regulations and performance standards. When completing a reclamation segment, buffer may be reduced for a three-month period to establish the final reclaimed topography. 48. Policy 8N-2: Allow rock crushing, washing and sorting in the forest zones when appropriate as long as conflicts with other land uses can be mitigated. 27 263 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 28 These activities are presently allowed in the Commercial Forestry zone, either outright, through the administrative approval process, or through the conditional use process. Any mitigation required for mining activities would be addressed as part of the permitting process. 49. Policy 8N-3; Allow commercial surface mining operations in the forest zones when appropriate as long as conflicts with other land use zones can be mitigated. Clearing for, or expansion of, rock pits for nonforest practice uses or development of surface mines is considered a conversion activity under Washington Administrative Code (WAC) 222-16-10. As a conversion activity, a permit would be required by Whatcom County. Any mitigation required for commercial surface mining operations would be addressed as part of the permitting process. Within the Commercial Forestry District, subject to the administrative approval process, the following uses are permitted: Surface mining subject to Washington State's Surface Mining Act (Chapter 78.44 RCW), and accessory washing, sorting, and rock crushing when within a Mineral Resource Land Special District subject to the requirements of Chapter 20.73 WCC and all other applicable regulations. Mineral processing facilities within the Commercial Forestry District are subject to the conditional use permitting process. 50. Goal 8P: Designate Mineral Resource Lands (MRLs) containing commercially significant deposits throughout the county in proximity to markets in order to avoid construction aggregate shortages, higher transport costs, future land use conflicts and environmental degradation. Balance MRL designations with other competing land uses and resources. The subject site is: • Approximately 12 miles east-southeast of the Bellingham city limits; • Approximately 18 miles south-southeast of the Everson and Nooksack city limits; • Approximately 12.5 miles north-northeast of Sedro Woolley • Note: These are straight-line distances, not driving distances. While creating a MRL designation would provide protection for mineral resources, it would remove the Commercial Forestry District resource designation. Additionally there are residential uses on nearby Rural and Rural Forestry lands. 51. Policy 8P-1: Seek to designate a 50 year supply of commercially significant construction aggregate supply to the extent compatible with protection of water resources, agricultural lands, and forest lands. In 1994 the Whatcom County Surface Mining Advisory Committee published the Final 28 264 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 29 Report and Recommendations regarding mineral resources within the county. Among other things, this report studied the supply and demand of mineral resources. The report notes that there is a deficit of roughly 97 million cubic yards of sand and gravel resources between the supply in presently designated MRLs and the expected demand over a 50-year planning period. This deficit is not due to a lack of resources in the county, but rather, a lack of access. The report estimates that there are nearly 1.2 billion cubic yards of sand and gravel resources in the county not presently protected by the MRL designation, but that the vast majority of viable resources are constrained by their location within the Agriculture District; by buffers on pipelines, streams, wetlands, or wellheads; by existing MRL designations; or by higher density zoning districts. 52. Policy 8P-2: Ensure that at least 50% of the total areas designated for construction aggregate is within 10 miles from cities and urban growth areas where feasible. Greater than 50% of the total areas designated for construction aggregate are within 10 miles of cities and/or UGAs. 53. Policy 8P-4: Allow mining within designated MRLs through an administrative approval use permit process requiring: 1. on -site environmental review, with county as lead agency, and 2. application of appropriate site specific conditions, and 3. notification to neighboring property owners within 1,000 feet to insure opportunity for written input and/or appeal, and 4. access to de novo review by the Hearing Examiner if administrative approval or denial is appealed.. Pursuant to WCC 20.73.130 Administrative Approval Uses, Surface mining subject to Washington State's Surface Mining Act and accessory washing and sorting is a use permitted subject to administrative approval, provided that: -Application of additional site specific conditions may b—e required to mitigate potential impacts that are not otherwise regulated through WCC 20.73.650 and 20.73.700 or through federal, state, or local regulations -The notification requirements of WCC 20.84.235 shall be expanded to all property owners within 1,000 feet of the external boundaries of the subject property. -Appeal to the hearing examiner under WCC 20.84.235 of an administrative permit shall be made by de novo review. Additionally, pursuant to Hearing Examiner Decision and phased SEPA Threshold Determination, further SEPA review will occur at any point in the future in which site specific actions are being applied for through the administrative approval use permit process. 54. Policy 8P-5: Consider potential resource areas identified in the Report Engineering Geology 29 265 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 30 Evaluation Aggregate Resource Inventory Study Whatcom County, Washington (GeoEngineers, Inc., Sept. 30, 2003) during county review of land development projects in order to avoid development incompatible with mineral resource extraction. The GeoEngineers publication "Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington" identifies the Saxon Site MRL site as 1 of 24 Whatcom County MRL areas. The properties associated with this proposal are located immediately south of the Saxon IVIRL. 55. Policy 8Q-1: Ensure that adequate riparian buffers are maintained along rivers and streams. Riparian buffers along rivers and streams, as well as buffers associated with wetlands and other critical areas are determined on a case -by -case basis, depending on site specific conditions. Any application for surfacing mining would be reviewed for site specific conditions as part of the administrative approval process. 56. Policy 8Q-2: Ensure proper treatment of wastewater prior to discharge. The Department of Ecology regulates wastewater through the Sand and Gravel General Permit. This permit regulates discharges of process water, stormwater, and mine dewatering water associated with sand and gravel operations, rock quarries, and similar mining operations, including stockpiles of mined material. 57. Policy 8Q-3: Provide and maintain best management practices for erosion control to prevent sedimentation. The Department of Ecology Sand and Gravel General Permit requires the permittee to develop, maintain, and comply with their erosion and sediment control plan. This plan must contain information on all the best management practices and structures that control Type 2 stormwater. Type 2 stormwater is from portions of a site where mining has temporarily or permanently ceased; from storage areas for stockpiles of raw materials or finished products; or from portions of a site with exposed soils, cleared in preparatTbn for mining or other industrial activity. If properly managed, Type 2 stormwater won't typically require treatment prior to discharge, however treatment may be required if it exceeds the turbidity limit. 58. Policy 8Q-4: Provide proper storage and containment of hazardous materials, and provide for appropriate on -site spill response and clean-up materials and personnel. The Department of Ecology Sand and Gravel General Permit requires the permittee to develop and maintain a spill plan. The plan must identify the materials of concern, spill prevention measures, and spill response procedures. 59. Policy 2J-4: Protect culturally and spiritually significant places from non -essential development that is viewed as incompatible by the affected community. 30 266 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 31 The County has received letters from the following, regarding potential impacts to cultural resources: • The Washington State Department of Archaeology and Historic Preservation (DA14P) dated December 15, 2009. • The Nooksack Indian Tribe dated December 23, 2009. The letter from the DAHP noted that there are reports of prehistoric and historic artifacts on nearby properties and that the Nooksack Valley has a high probability for archaeological resources and burials. Any cultural resources on proposed site would be destroyed by mineral mining. The letter also noted that archaeological sites are protected by law, and that permits must be obtained from the DAHP prior to excavation, removal, or alteration of cultural resources. Finally, the DAHP requested a professional archaeological survey of the proposed site be conducted, and that the concerned Tribes' cultural committees and staff be consulted regarding cultural resource issues. 60. The Washington State Department of Natural Resources completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (Jan. 2001). This study indicates that the working lifetime of most of the significant pits in the county is 10 to 20 years (p. 5). 61. The Whatcom County Surface Mining Advisory Committee Final Report and Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing MRLs to satisfy demand over the first 20 years of the planning period. However, there is an imbalance in the demand and supply of sand and gravel. There is a greater need for gravel resources than sand and, as we approach the end of the 20-year planning period, we can anticipate a shortage of gravel. Additionally, shortly after the 20-year planning period, we will run out of sand and gravel resources if existing MRLs are not expanded... (p. 7). 62. The Associated Earth Sciences, Inc. report (December 24, 2008) estimates that there are approximately 2.2 million cubic yards of aggregate reserves above the water table on the subject site at the time of evaluation (p. 10). Additionally, this report estimates that there are about 2.1 million cubic yards beneath Parcel A of the existing MRL, which is adjacent to the subject site. 63. In compliance with the provisions of The State of Washington Water Pollution Control Law (RCW 90.48) and provisions of The Federal Water Pollution Control Act (Clean Water Act), the Washington State Department of Ecology regulates mining operations under "The Sand and Gravel General Permit." Additionally, the Whatcom County Critical Areas Ordinance requires "... The proposed development will not cause contaminants to enter the aquifer and will not significantly adversely affect the recharging of the aquifer..." (WCC 16.16.520). 31 267 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 32 V. PROPOSED CONCLUSION The subject amendment is consistent with the approval criteria of WCC 2.160.080. VI. RECOMMENDATION Staff recommends approval of the proposed Mineral Resource Lands designation for the proposed amendment. ATTACHMENTS: • Exhibit A — Map of the Subject Properties • Exhibit B — Determination of Non -Significance (DNS) issued November 10, 2009 and Distribution List • Exhibit C — Revised Determination of Non -Significance (DNS) issued December 1, 2009 and Revised Distribution List • Exhibit D — E-mails from the Washington State Department of Natural Resources dated December 14, 2009 and January 4, 2010 • Exhibit E — Letter from the Washington State Department of Archaeology and Historic Preservation dated December 15, 2009 • Exhibit F — Letter from the Nooksack Indian Tribe dated December 23, 2009 • Exhibit G — E-mail and Letter from the Lummi Nation dated January 121h and 15`h, 2010 • Exhibit H — Letter from the Lummi Nation dated March 25, 2011 • Exhibit I — Letter from Lesa Starkenburg-Kroontje dated December 28, 2009 • Exhibit J — Letter from David Stalheim dated December 28, 2009 • Exhibit K — Notice of Withdrawal of SEPA Determination of Non -Significance and issuance of Mitigated Determination of Non -Significance (MDNS) issued December 29, 2009, and Mitigating Conditions • Exhibit L — Letter from Lesa Starkenburg-Kroontje dated January 11, 2010 • Exhibit M — Memorandum submitted by Lesa Starkenburg-Kroon4c to the Whatcom County Hearing Examiner dated May 21, 2010 • Exhibit N — Whatcom County Hearing Examiner Findings of Fact, Conclusions of Law, and Decision for files numbered SEP2009-00132, PLN2009-00013, APL2010-0004, and APL2010-0005 • Exhibit O — Whatcom County Council Findings of Fact, Conclusions of Law, and Decision regarding the SEPA Appeal of Friends of the Nooksack Samish Watershed from the Hearing Examiner's Decision. • Exhibit P — Whatcom County Public Works Engineering Memo dated January 6, 2011 • Exhibit Q — Citizen letters 32 •: File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 33 Exhibit A t } 1 Il V f jdf{' i� £4Cze ILI r r . t � p ! s \ File #PLN2009-0013 MRL - Saxon Rd. PLN2009-00013 Subject Properties ...•... Existing MRL 33 ..---T,...€...,� yQ r Z �IA.........°y.� / f p i�`AS ^3i f ...... MU., �} �"3•� tip. °`4 { i +iti2 '• �� \ �� : ' i iidrwt• l � \ �. �. Oaa♦�"iiY• Y ••Y •iay ` � �' / 4 `"u'.''.aL °a January 2011 wthwx MEroe�.w i. m/��`<LLu iu„Ps.ab<.�N gn�ae�y rymn�x �1 �ravl [niaC w m ��yw4rli -MEY�n xmlvin w�wdh�w�x I Yxel P :60 iW 1Wi 3<Gp 3.'Oh 269 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-435 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 11122111 Introduction Originator: Joshua Pi 12 / 6 / 11 Fleischmann 0 ,l ILA E D J �I Division Head: U DEC 0 2 2011 1/10/12 P&D/Council Dept. Head. J.E."Sam" �p4Q , �1a�1� 1/24/12 P&D/Council Ryan WHATCOM COUNTY COUNCIL Prosecutor: Karen Frakes 11 1 2/14/12 Council Purchasing/Budget: Executive: Pete Kremen TITLE OFDOCUMENT. Ordinance adopting amendments to the Whatcom County Comprehensive Plan and zoning maps to remove a Mineral Resource Lands (MRL) zoning overlay from the existing Rural (R10) zone and change the MRL designation to Rural for approximately 90 acres on Aldrich Rd, just south of King Tut Rd. ATTACHMENTS: (1) Proposed ordinance SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a !tearing ? ( ) Yes (X) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NO TICE LA NG UA GE. Robert Sorensen Jr. is requesting to amend the Comprehensive Plan Map and Zoning Map to remove a Mineral Resource Land (MRL) zoning overlay from the existing Rural (R10) zone and change the MRL designation to Rural for approximately 90 acres on Aldrich Rd, just south of King Tut Rd. The proposal located within the NE 114 of Section 14, T39N, R2E, W.M. Assessor's Parcel #'s 390214400339 and 390214468400. COMMITTEE ACTION. COUNCIL ACTION. 1/10/2012: Withdrawn from the agenda 12/06/2011: Introduced 1/24/2012: Amended to remove findings 13, 19, 20, 41 and 1/10/2012: Withdrawn from the agenda amend language in finding 32 and forwarded to Council 1/24/2012: Council Approved to forward as amended in for approval. Committee to concurrent reveiw 7-0. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: se Note: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinting t he County's website at. www.co.whatcom.wa.us/council. 270 WHATCOM COUNTY J.E. "Sam" Ryan Director Planning & Development Services 3sP�`°M CO ; 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �9SyNG4°r 360-738-2525 Fax — RECEIVED M E M O RA N D U M NOV 292011 PE: E KREMEN COUNTY EXECUTIVE TO: Whatcom County Council THROUGH: J.E. "Sam" Ryan, Director �iew, FROM: Joshua Fleischmann, Planner II DATE: November 28, 2011 SUBJECT: Mineral Resource Lands (MRL) Removal - Aldrich Rd. In December 2010, an application for a comprehensive plan map and zoning map amendment was submitted and later docketed by the Whatcom County Council. The proposal is to amend the Whatcom County Comprehensive Plan Map and Zoning Map, removing the MRL zoning overlay, and re -designating approximately 90 acres of MRL to Rural. At its October 27, 2011 meeting, the Planning Commission found the approval criteria within Whatcom County Code (WCC) 2.160 - Comprehensive Plan Amendments had been met and recommended approval of the proposed amendments. If you have any questions, please contact Joshua Fleischmann at extension 50796. 271 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE # AN ORDINANCE AMENDING THE OFFICAL COMPREHENSIVE PLAN MAP AND ZONING MAP TO REMOVE A MINERAL RESOURCE LANDS (MRL) ZONING OVERLAY FROM THE EXISTING RURAL (R10) ZONE AND CHANGE THE MRL DESIGNATION TO RURAL FOR APPROXIMATELY 90 ACRES ON ALDRICH RD, JUST SOUTH OF KING TUT RD. WHEREAS, an application has been submitted by Robert Sorensen Jr to amend the Comprehensive Plan Map and Zoning Map to remove a Mineral Resource Lands (MRL) zoning overlay from the existing Rural (R10) zone and change the MRL designation to Rural for approximately 90 acres on Aldrich Rd, just south of King Tut Rd.; and WHEREAS, the site is located east of Aldrich Rd, south of King Tut Rd, North of W. Hemmi Rd. The proposal is situated within the NE 1/4 of Section 14, T39N, R2E, W.M. Assessor's Parcel #'s 390214400339 and 390214468400; and WHEREAS, the proposed amendment has been reviewed under the State Environmental Policy Act (SEPA); and WHEREAS, the proposed amendment meets the approval criteria for comprehensive plan amendments, as required by Whatcom County Code (WCC) 2.160.080; and WHEREAS, notice of the Whatcom County Planning Commission hearing on the proposed amendment was published in the Bellingham Herald, mailed and posted; and WHEREAS, the Whatcom County Planning Commission held a public hearing on the proposed amendment and considered all testimony, and recommended approval, provided, however, the applicant will submit an application to re -designate Parcel C as Open Space Agriculture prior to the Comprehensive Plan docket vote by the County Council; and WHEREAS, the applicant has submitted both a Current Use Application Farm and Agricultural Land Classification Parcels with Same Ownershipform, and an Application for Transfer of Designated Forest Land to Current Use Classification form to the Whatcom County Assessor's office; and WHEREAS, the applicant has applied to have Parcel C re -designated as Open Space Agriculture; and P. 1 272 WHEREAS, the Whatcom County Planning Commission forwarded its findings and reasons for action to the County Council; and WHEREAS, the County Council has adopted the following findings of fact and conclusions: FINDINGS 1. Notice of the Planning Commission hearing was mailed to surrounding property owners within 1,000' of the proposed site on October 14, 2011. 2. Notice of the Planning Commission hearing was posted at the subject site on October 17, 2011. 3. Notice of the Planning Commission hearing was published in the Bellingham Herald on October 14, 2011. 4. The Planning Commission held a public hearing relating to the subject amendment on October 27, 2011. 5. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 22, 2011. 6. The Whatcom County Comprehensive Plan does not contain specific criteria for de -designating Mineral Resource Lands. 7. The Whatcom County Comprehensive Plan contains specific criteria for designating Mineral Resource Lands. 8. Mineral resource designation criterion # 1 state, "'Non-metallic deposits must contain at least one million cubic yards of proven and extractable sand, gravel, or rock material per new MRL designation." This proposal affects an existing MRL designation, therefore the volume requirements are not applicable. 9. Mineral resource designation criterion #2 states, "Minimum MRL Designation size is twenty acres." The present MRL designation is greater than 20 acres. 10. Mineral resource designation criterion #3 states, ""Expansion of an existing MRL does not need to meet criteria 1 or 2." This proposal is for removal of the roughly 90 acre MRL designation. As it is not an expansion, this criterion does not apply and criteria 1 and 2 are P. 2 273 applicable 11. Mineral resource designation criterion # 4 states, "MRL Designation status does not, apply to surface mines permitted as an accessory or conditional use for the purpose of enhancing agriculture or facilitating forestry resource operations. The subject site does not contain a surface mine permitted for agricultural or forestry operations. Therefore, this criterion does not apply. 12. Mineral resource designation criterion # 5 states, "All preexisting legal permitted sites meeting the above criteria (criteria 14) will be designated." There is not an existing permitted mine on thesubject site. Therefore, the subject site would not qualify under this criterion and must meet criteria fr 10. 13. Mineral resource designation criterion #7 state, "MRL Designations must not be within nor abut developed residential zones or subdivisions platted at urban densities." The subject site is zoned R(10) with an MRL zoning overlay. The subject site is not within, nor does it abut, developed residential zones or subdivisions platted at urban densities. The areas to the north, west, and south, are designated Rural and zoned R(10). The area to the east is zoned and designated Agriculture. 14. Mineral resource designation criterion # 8 states, "NIRL Designations must not occur within the 10 year zone of contribution for designated wellhead protection areas, as approved by the State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems, in accordance with source control provisions of the regulations on water system comprehensive planning. MRL designations may be modified if a wellhead protection area delineated subsequent to MRL designation encompasses areas within a designated MRL. If a fixed radii method is used to delineate a wellhead protection area, the applicant may elect to more precisely delineate the wellhead protection boundary using an analytical model; provided, that the delineated boundary proposed by the applicant is prepared by a professional hydrogeologist; and further provided, that the delineated boundary has been reviewed and approved by the Washington State Department of Health for Group A systems, and by the Whatcom County Health Department for Group B systems. The hydrogeologist shall be selected by mutual agreement of the County, water purveyor, and applicant; provided, if agreement cannot be reached the applicant shall select a consultant from a list of no less than three qualified consultants supplied by the County and water purveyor." According to GIS mapping, a portion of the MRL is within the 10 year zone of contribution of the James L. Calman Community Water System. Additionally, there are numerous private wells in the region. P. 3 274 15. Mineral resource designation criterion # 9 states, "WRL Designation should not enclose by more than 50% non -designated parcels." The MRL designation does not enclose by more than 50% non -designated parcels. 16. In addition to the nine specific criteria for designating MRLs, the Whatcom County Comprehensive Plan contains goals and policies that are applicable to the proposal. 17. Policy 2H-1: Review and retain regulations that serve to protect the public welfare, health, and safety. Future activities would still be subject to Whatcom County Code (WCC) Title 20 - Zoning. The objective of Title 20 is to "...assure the highest standards of environment for living, and the operation of commerce, industry, agriculture and recreation; and to assure maximum economies in order to conserve the highest degree of public health, safety, morals and welfare." 18. Policy 7H-5: Support mining, which is compatible with other land use and environmental policies, including surface mining of sand, gravel, and rock and subsurface mining of other minerals found in Whatcom County such as gold and silver. The proposal would not support mining, as it would remove the protection of the sand deposits as a material of long term commercial significance. 19. Policy 8A-6: Prioritize agricultural activity in land use decisions when land is composed of prime and/or productive agricultural soils and agriculture is the highest value resource use. This proposal affects 2 lots of record for use or for sale. The applicant's proposal to remove the MRL designation on Parcel B would allow the applicant the potential to utilize all seven densities on their 71 acre parcel. Currently, they most likely could not utilize all seven for the purpose of division. The removal of the MRL designation Parcel C would most likely have no impact on the applicant's ability to utilize all four densities other than design features and configuration. 20. Policy 83-1: Conserve for mineral extraction designated mineral resource lands of long-term commercial significance. The use of adjacent lands should not interfere with the continued use of designated mining sites that are being operated in accordance with applicable best management practices and other laws and regulations. The proposal would remove the protection of the underlying mineral resources for the purpose of commercial extraction. 21. Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources. P. 4 275 The proposal would eliminate any potential commercial mineral extraction impacts to nearby land uses, health, safety, or natural resources. 22. Policy 8K-2: Consider the maintenance and upgrade of public roads. Address all truck traffic on county roads in a fair and equitable fashion. The proposal would eliminate truck traffic and potential impacts to public roads related to commercial mineral extraction. 23. Policy 8K-3: Avoid adversely impacting water quality. The protection of aquifers and recharge zones should have precedence over surface mining in the event it is determined by the county that adverse impacts cannot be avoided through the standard use of best management practices. Avoid contamination of aquifers by using uncontaminated material for reclamation or on -site storage. The proposal would eliminate the potential for commercial mineral resource extraction and any associated impacts to aquifers. 24. Policy 8K-4: Require, where there exists County jurisdiction, the reclamation of mineral resource lands on an ongoing basis as mineral deposits are depleted. Best Management Practices should be used to achieve this. This proposal would eliminate the potential for commercial mineral extraction. Outside of MRLs, if minerals are extracted for non-commercial and non -building purposes, any volume greater than 10,000 cubic yards is considered surface mining by Whatcom County and would require a conditional use permit. This extraction can take place on up to 3 acres, with anything larger being prohibited outside of MRLs. 25. Policy 8K-5: Have an ultimate use for land used for mineral extraction which will complement and preserve the value of adjoining land. This proposal would eliminate the potential for commercial mineral resource extraction. The zoning and designation would be consistent with the lands to the north, south, and west. 26. Policy8L-1: Discourage new residential uses from locating near designated mineral deposit sites until mineral extraction is completed unless adequate buffering is provided by the residential developer. This proposal would eliminate the potential for commercial mineral resource extraction. There would be no reason to discourage residential uses from locating nearby, as this site would no longer be designated as mineral resource land of long-term commercial significance. 27. Policy 8L-3: Allow accessory uses to locate near or on the site of the mineral extraction source when appropriate. Authorize crushing equipment to locate near the mineral extraction sources as a conditional use provided that all pertinent regulatory standards are maintained. Site asphalt and concrete batch plants as a conditional use, addressing potential impacts for the site. P. 5 276 If the NIRL designation and zoning overlay are removed, commercial mineral extraction and processing would be prohibited. In addition to commercial mineral extraction, any accessory uses and conditional uses provided under WCC 20.73 Mineral Resource Lands Special District (MRL) would be prohibited by removing the MRL designation and zoning overlay. 28. Policy 8L-4: Buffer mineral resource areas adjacent to existing residential areas. Buffers preferably should consist of berms and vegetation to minimize impacts to adjacent property owners. Buffers should be reduced for a limited period of time during reclamation if quality minerals are contained therein. This proposal would eliminate the potential for commercial mineral resource extraction, as well as the requirement of WCC 20.73.131(3)to buffer mining. 29. Goal 8P: Designate Mineral Resource Lands (MRLs) containing commercially significant deposits throughout the county in proximity to markets in order to avoid construction aggregate shortages, higher transport costs, future land use conflicts and environmental degradation. Balance MRL designations with other competing land uses and resources. The subject site is: • Approximately 3.5 miles northeast of the concrete batch plant on W Creighton Ave, Ferndale; • Approximately 3.25 miles south-southwest of the concrete batch plant on River Rd, Lynden; • Approximately 6.5 miles north-northwest of the concrete batch plants on Hannegan Rd and Bakerview Spur, Bellingham; • Approximately 9.5 miles west-northwest of the concrete batch plant on Cedarville Rd, Bellingham • Note: These are straight-line distances, not driving distances. Designating a proven mineral resource in proximity to these and other markets would further several of the objectives of Comprehensive Plan Goal 8P. 30. Policy 8P-1: Seek to designate a 50 year supply of commercially significant construction aggregate supply to the extent of compatible with protection of water resources, agricultural lands, and forest lands. This site contains no mineral resources of long-term commercial significance. A letter from Adam Prince, of Alissi Consulting Inc. states that the sand on site is no longer suitable for septic systems. 31. Policy 8P-2: Ensure that at least 50% of the total areas designated for construction aggregate is within 10 miles From cities and urban growth areas where feasible. Under this proposal, greater than 50% of the total areas designated for P. 6 277 construction aggregate are within 10 miles of cities and/or UGAs. 32 Policy 8P-4: Allow mining within designated MRLs through an administrative approval use permit process requiring: 1. On -site environmental review, with county as lead agency, and 2. Application of appropriate site specific conditions, and 3. Notification to neighboring property owners within 1,000 feet to insure opportunity for written input and/or appeal, and 4. Access to de novo review by the Hearing Examiner if administrative approval or denial is appealed. This proposal would eliminate the potential for commercial mineral resource extraction. 33. Policy 8P-5: Consider potential resource areas identified in the Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington (Geoengineers, Inc., Sept. 30, 2003) during county review of land development projects in order to avoid development incompatible with mineral resource extraction. The GeoEngineers publication "Report Engineering Geology Evaluation Aggregate Resource Inventory Study Whatcom County, Washington" does not identify the Aldrich Rd NIRL as 1 of the 24 Whatcom County MRL areas. 34. Policy 8Q-2: Ensure proper treatment of wastewater prior to discharge. Under this proposal, the stormwater would be regulated through Chapter 2 of the Whatcom County Development Standards. 35. Policy 8Q-3: Provide and maintain best management practices for erosion control to prevent sedimentation. Under this proposal, best management practices or erosion and sediment control are regulated by Whatcom County Code (WCC) Title 20. Additionally, permit conditions require proper erosion control and that sedimentation shall be controlled and kept on site. 36. Policy 11G-1: Manage stormwater runoff to minimize surface water quality and quantity impacts and downstream impacts on channel morphology, property owners, and aquatic habitats. Under this proposal, the stormwater would be regulated through Chapter 2 of the Whatcom County Development Standards. 37. The DNR completed a study entitled Reconnaissance Investigation of Sand, Gravel, and Quarried Bedrock Resources in the Bellingham 1:100,000 Quadrangle, Washington (]an. 2001). This study indicates that the working lifetime of most of the significant pits in the county is 10 to 20 years (p. 5). 38. The Whatcom County Surface Mining Advisory Committee Final Report and P. 7 278 Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing MRLs to satisfy demand over the first 20 years of the planning period. However, there is an imbalance in the demand and supply of sand and gravel. There is a greater need for gravel resources than sand and, as we approach the end of the 20-year planning period, we can anticipate a shortage of gravel. Additionally, shortly after the 20-year planning period, we will run out of sand and gravel resources if existing MRLs are not expanded... (p. 7). CONCLUSIONS The proposed amendment is consistent with the approval criteria of WCC2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan map is hereby amended from Mineral Resources Lands (MRL) to Rural designation and the Official Whatcom County Zoning Ordinance map is hereby amended to remove the existing MRL zoning overlay from roughly 90 acres over the R(10) zone for subject properties shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of 12012 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair APPROVED as to form: Deputy Prosecutor P. 8 ( ) Approved ( ) Denied Jack Louws, County Executive Date: 279 Exhibit A SCH'ULTZ p �` .•_ � .r+ec3ri&r.ee . ,� tl./w.r/./w♦/q' YtlFtl \.!.•J•Y 111 II_ . tl.1 .• qiJ.. tl `..... gg*. ......l... H. iFFl. .f.w.•Ti •. .. M.f lgtlT.Flf { R io .•q qa•f .•...Fags i.i File #PLN2011-00010 MRL - Aldrich Rd. - Removal of existing MRL Designation and zoning overlay-, from MRL to Rural, RIOA uuusa 1,;;;;;;; Existing MRL /,904104160 P. 9 a Dc,'abw 2011 a � .11 l� FYrtf-141T' � 2J K4 L. W 11at .IIR. 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