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HomeMy WebLinkAboutPacket Jan 10 2012WHATCOM COUNTY COUNCIL AGENDA BILL NO (AR2011-279C) CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PDS �2 9 J 1 r L f E D LS 12/6/2011 Introduced 111012012 Committee Division Head., j,Z'Sa-4 a J AN 0 3 V1012012 Dept. Head: ioZ'c�� -2012 WHATCOM COUNTY COUNCIL Hearing Prosecutor: Ja-3c7 - I Purchasing/Budget: z �`�✓ �I a` Executive: TITLE OF DOCUMENT. Consideration of Voluntary Stewardship Program option as allowed by the State Legislature through ESHB 1886, as an alternative approach to critical areas protection for agricultural activities. ATTACHMENTS: 1. Staff Report 2. Resolution: Alternative 2 — "Opt -in" Drayton Harbor 3. Resolution: Alternative 3 — "Opt -in" WRIA 1 SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) No SEPA review completed? ( ) Yes ( x) NO Requested Date: January 10, 2012 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: As required by RCW 36.70A.035 and ESHB 18866, the Whatcom County Council will hold a public hearing on January 10, 2012 to consider whether or not to opt into the Voluntary Stewardship Program created by the Legislature through ESHB 1886. Published: As required by RCW 36.70A.035 and ESHB 1866, the Whatcom County Council will hold a public hearing on January 10, 2012, to consider whether or not to opt into the Voluntary Stewardship Program created by the Legislature through ESHB 1886. Counties that opt in may rely on the voluntary stewardship program to protect critical areas on agricultural lands in areas covered by the program. This is an opportunity for the public to provide input on this decision, and what watersheds to include if there is a decision to opt in. 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 oM CO J.E. "Sam" Ryan Planning & Development Services 3r° p Director 5280 Northwest Drive Bellingham, WA 98226-9097 r 360-676-6907, TTY 800-833-6384 9SyN��O 360-738-2525 Fax RECEIVED DEC 3 0 2011 Memorandum PETE iCREMEN COUNTY EXECUTIVE TO: Whatcom County Council THROUGH: Sam Ryan, Director FROM: Roxanne Michael, AICP, Long Range Planning Manager Peter Gill, Senior Planner DATE: December 29, 2011 SUBJECT: Voluntary Stewardship Program (Ruckelshaus) Whatcom County has until January 22, 2012 to decide whether to opt -in or opt -out of the Voluntary Stewardship Program (Ruckelshaus). The attached staff report discusses the program and the County's options. In the event that the County Council decides to opt -in, staff has prepared two alternative draft resolutions, attached as Exhibits A and B. The draft resolution in Exhibit A would apply only to the Drayton Harbor watershed, while the other resolution would apply to the whole WRIA watershed within Whatcom County. The portions of the resolutions that differ from each other are italicized. If you have questions regarding this issue, please contact Peter Gill at extension 50263. Attachments: Staff Report Exhibit A - Draft Resolution, Drayton Harbor watershed Exhibit B - Draft Resolution, WRIA watershed 2 SPONSORED BY: Council PROPOSED BY: PDS RESOLUTION # RESOLUTION IN SUPPORT OF PARTICIPATION IN THE VOLUNTARY STEWARDSHIP PROGRAM CONSISTENT WITH RCW 36.70A.710. WHEREAS, the Washington State Legislature enacted ESHB 1886 (RCW 36.70A.700 - 36.70A.760), known as the Ruckelshaus Process Bill, giving counties the option to participate in the Voluntary Stewardship Program (VSP), provided that they do so voluntarily prior to January 22, 2012; and WHEREAS, prior to electing to participate in the VSP, a county is required to confer with tribes, environmental and agricultural interests in an open and transparent manner and provide public notice before opting -into the program; and WHEREAS, Whatcom County has held the following open and advertised public meetings for discussion of the VSP: • Thursday, July 28, 2011, a public training forum and webinar viewing in the Council Chambers of the County Courthouse, • Wednesday, November 9, 2011, Special Council Committee of the Whole - a presentation by Eric Johnson, Executive Director WA State Association of Counties, held in the County Courthouse, • Thursday, November 17, 2011, Agricultural Advisory Committee Special Meeting to hear presentations and discussion regarding the VSP option, held at Lynden Fire Station 71, • Tuesday, January 10, 2012, Public Hearing on the VSP at a regular Council meeting; and WHEREAS, Whatcom County has invited public input through publication of the aforementioned meetings, notification sent to representatives of Tribes, shellfish advisory committees, and environmental and agricultural interest groups, and notification on the County Planning Department website, all in compliance with RCW 36.70A.710; and WHEREAS, following said consultation and in consideration of written comments and comments taken at the public meeting, the Council elects to have Whatcom County participate in the VSP; and WHEREAS, it appears to be in the best interest of the public to opt -into the Voluntary Stewardship Program; Exhibit A - Drayton Harbor Watershed 3 NOW THEREFORE BE IT RESOLVED that the Whatcom County Council officially elects to opt -into the Voluntary Stewardship Program in the Drayton Harbor watershed, including both the Dakota and California Creek basins ("watershed area"), and adopts the following findings: a. Farming is vital to the economy of Whatcom County and is significant within the approximate 36,500 acre watershed area, comprising roughly 15,000 acres of agricultural operations and contributing to the countywide market production value of $326,450,000, and further that farmland in the watershed area is at risk of conversion; b. Given adequate funding, time, and community support, there is a likelihood of success of implementing the VSP in the watershed; c. Existing watershed programs and data relevant to the VSP include the WRIA 1 Watershed Management Plan with related reports, data, and information available from member organizations of the WRIA 1 Joint Board, as well as information specific to Drayton Harbor as listed in item "e. " below; and these plans and implementation strategies can be integrated into the VSP. BE IT FURTHER RESOLVED that the County nominates the Drayton Harbor drainage area, including both Dakota and California Creeks, as the priority watershed area ("area"), and adopts the following findings: a. Farming is vital and significant within the area, operating on over 15,000 acres of the approximate 36,500 acres comprising the total area; b. The area provides salmonid habitat and other critical and economically important ecological functions that may be impacted by farming and other activities; c. Biological diversity within the area is important to water and habitat quality and viability and may be vulnerable to potential adverse impacts, including agricultural activities; d. There is local leadership within the area, including the Drayton Harbor Shellfish Protection District Advisory Committee, with commitment from the County, Whatcom Conservation District, and other agencies and stakeholders that increase the likelihood of success in the area, e. Regional watershed strategies, Drayton Harbor Total Maximum Daily Load (TMDL) study, Shellfish Recovery Plan, and other microbial source tracking projects and monitoring projects are available and relevant to the area and can be incorporated into a watershed plan under the VSP; f. Technical assistance is available locally as necessary to develop and implement a watershed plan according to the requirements of the VSP; and g. With adequate funding, there is a high likelihood of success with a local effort to establish and implement the VSP in this area. Exhibit A - Drayton Harbor Watershed 4 BE IT FURTHER RESOLVED that by adoption of this resolution Whatcom County is eligible for state grant -funding to accomplish the intent of the Voluntary Stewardship Program, and that Whatcom County will proceed as required under RCW 36.70A.700 through .760 to implement the requirements of the Voluntary Stewardship Program once adequate funding is provided by the state; and BE IT FURTHER RESOLVED that existing critical area regulations (WCC 16.16) governing agricultural activities within critical areas remain in effect throughout the county, and are supplanted by regulations governing the participation in the Voluntary Stewardship Program only in the specific area where implementation of the VSP takes place through the approval of a watershed work plan in accordance with RCW 36.70A.720 and .725. APPROVED this day of , 2012 ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Pcutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON , Chairperson Exhibit A - Drayton Harbor Watershed k" SPONSORED BY: Council PROPOSED BY: PDS RESOLUTION # RESOLUTION IN SUPPORT OF PARTICIPATION IN THE VOLUNTARY STEWARDSHIP PROGRAM CONSISTENT WITH RCW 36.70A.710. WHEREAS, the Washington State Legislature enacted ESHB 1886 (RCW 36.70A.700 - 36.70A.760), known as the Ruckelshaus Process Bill, giving counties the option to participate in the Voluntary Stewardship Program (VSP), provided that they do so voluntarily prior to January 22, 2012; and WHEREAS, prior to electing to participate in the VSP, a county is required to confer with tribes, environmental and agricultural interests in an open and transparent manner and provide public notice before opting -into the program; and WHEREAS, Whatcom County has held the following open and advertised public meetings for discussion of the VSP: • Thursday, July 28, 2011, a public training forum and webinar viewing in the Council Chambers of the County Courthouse, • Wednesday, November 9, 2011, Special Council Committee of the Whole - a presentation by Eric Johnson, Executive Director WA State Association of Counties, held in the County Courthouse, • Thursday, November 17, 2011, Agricultural Advisory Committee Special Meeting to hear presentations and discussion regarding the VSP option, held at Lynden Fire Station 71, • Tuesday, January 10, 2012, Public Hearing on the VSP at a regular Council meeting; and WHEREAS, Whatcom County has invited public input through publication of the aforementioned meetings, notification sent to representatives of Tribes, shellfish advisory committees, and environmental and agricultural interest groups, and notification on the County Planning Department website, all in compliance with RCW 36.70A.710; and WHEREAS, following said consultation and in consideration of written comments and comments taken at the public meeting, the Council elects to have Whatcom County participate in the VSP; and WHEREAS, it appears to be in the best interest of the public to opt -into the Voluntary Stewardship Program; Exhibit B WRIA Watershed 6 NOW THEREFORE BE IT RESOLVED that the Whatcom County Council officially elects to opt -into the Voluntary Stewardship Program in the Water Resource Inventory Area (WRIA) 1 watershed within the county boundaries and adopts the following findings: a. Farming is vital to the economy of Whatcom County and is significant within the county's WRIA 1 watershed, operating according to the USDA on an estimated 102,584 acres and producing $326,450,000 in market value of production, and further that farmland is at risk of conversion, with total land in farms dropping by 19% between 2002 and 2007; b. Given adequate funding, time, and community support, there is a likelihood of success of implementing the VSP in the watershed; c. Existing watershed programs and data relevant to the VSP include the WRIA 1 Watershed Management Plan, WRIA 1 Salmon Recovery Plan, Lower Nooksack River Basin Bacterial Total Maximum Daily Load, and other related reports, data, and information available from member organizations of the WRIA 1 Joint Board; and these plans and implementation strategies can be integrated into the VSP. BE IT FURTHER RESOLVED that the County nominates the Drayton Harbor drainage area, including both Dakota and California Creeks, as the priority watershed area ("area"), and adopts the following findings: a. Farming is vital and significant within the area, operating on over 15,000 acres of the approximate 36,500 acres comprising the total area; b. The area provides salmonid habitat and other critical and economically important ecological functions that may be impacted by farming and other activities; c. Biological diversity within the area is important to water and habitat quality and viability and may be vulnerable to potential adverse impacts, including agricultural activities; d. There is local leadership within the area, including the Drayton Harbor Shellfish Protection District Advisory Committee, with commitment from the County, Whatcom Conservation District, and other agencies and stakeholders that increase the likelihood of success in the area; e. Regional watershed strategies, including the WRIA 1 Management Plan, Drayton Harbor Total Maximum Daily Load (TMDL) study, Shellfish Recovery Plan, and other microbial source tracking projects and monitoring projects are available and relevant to the area and can be incorporated into a watershed plan under the VSP; f. Technical assistance is available locally as necessary to develop and implement a watershed plan according to the requirements of the VSP; and g. With adequate funding, there is a high likelihood of success with a local effort to establish and implement the VSP in this area. Exhibit B WRIA Watershed 7 BE IT FURTHER RESOLVED that by adoption of this resolution Whatcom County is eligible for state grant -Funding to accomplish the intent of the Voluntary Stewardship Program, and that Whatcom County will proceed as required under RCW 36.70A.700 through .760 to implement the requirements of the Voluntary Stewardship Program once adequate funding is provided by the state; and BE IT FURTHER RESOLVED that existing critical area regulations (WCC 16.16) governing agricultural activities within critical areas remain in effect throughout the county, and are supplanted by regulations governing the participation in the Voluntary Stewardship Program only in the specific area where implementation of the VSP takes place through the approval of a watershed work plan in accordance with RCW 36.70A.720 and .725. APPROVED this day of , 2012 ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: J Civil Deputy Pr cutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON , Chairperson Exhibit B WRIA Watershed 8 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT I. BACKGROUND INFORMATION File Name: Ruckelshaus Center - Voluntary Stewardship Program (VSP) Applicant: Whatcom County Planning and Development Services Department Public Notice: Legal notice was published in the Bellingham Herald on December 10, 2011 and a public hearing is to be held on January 10, 2012. Summary of Request: (1) Consider whether to approve a resolution to "opt -into" the Ruckelshaus Voluntary Stewardship Program consistent with ESHB 1886 and RCW 36.70A, as an alternative approach for Counties to protect critical areas on agricultural lands. a) Identify the watershed(s) that will participate in the program b) Nominate watersheds for consideration by the State Conservation Commission as state priority watershed. Public Comments: Written comments and feedback on the decision to "Opt -in" are being logged here: http://www.co.whatcom.wa.us/pds/naturalresources/criticalareas/cao.issp Background: 1. On September 13, 2005, the Whatcom County Council updated its Critical Areas Ordinance (CAO) to include Best Available Science pursuant to RCW 36.70A.172. The CAO includes provisions that allow for agricultural activity within regulated critical areas and their buffers with an approved Farm Conservation Plan. 2. In 2007 a moratorium was placed on the requirement for local governments to update their critical areas ordinances as they applied to agricultural activities. 3. The Ruckelshaus Center was charged with resolving the conflicts between protecting agricultural land as well as critical areas under the Growth Management Act, which resulted in ESHB 1886, codified as RCW 36.70A.700-760. 4. Counties that choose to participate must take action within six months of the effective date of the law, or January 22, 2012. 5. If Whatcom County chooses to not opt -in the County is required to update the Critical Areas Ordinance according to the timelines in RCW 36.70A.130, or June 30, 2016. Section I —Background Page 1 of 7 9 6. The Voluntary Stewardship Program was the subject of the following open and advertised public meetings: Thursday, July 28, 2011, a public training forum webinar put together by the Washington State Conservation District was presented in the Council Chambers of the County Courthouse. This meeting was well attended by Council members, Planning Commissioners, staff, and many members of the public. Wednesday, November 9, 2011, Special Council Committee of the Whole - a presentation by Eric Johnson, Executive Director WA State Association of Counties, was held in the County Courthouse. Questions from Council and the public on the merits of the program followed the presentation. A motion to approve the contract that would have funded the outreach and research on the VSP failed 3 to 4. Thursday, November 17, 2011, Agricultural Advisory Committee Special Meeting to hear presentations and discussion regarding the VSP option was held at Lynden Fire Station 71. There was a panel of speakers at the meeting, including: Whatcom Conservation District, Lummi Nation, Washington Cattlemen's Association, and two informed citizens. The meeting was well attended by approximately 40 members of the public. The Agricultural Advisory Committee voted to recommend the County "opt -in" to the Voluntary Stewardship Program by a vote of 5 to 4. 7. A web page with background information on the Voluntary Stewardship Program was added to the County Planning Department website, htti)://www.co.whatcom.wa.us/pds/naturalresources/criticalareas/cao.isso. 8. On December 20, 2011 notification was sent to representatives of Tribes, shellfish advisory committees, environmental, and agricultural interest groups requesting comments on opting into the Voluntary Stewardship Program. 9. A Public Hearing on the Voluntary Stewardship Program is scheduled Tuesday, January 10, 2012 at a regular Council meeting. Section I —Background Page 2 of 7 10 If opting in, Whatcom County must (1) identify which watersheds will participate in the VSP, and (2) nominate watersheds for consideration by the Washington Conservation Commission as state priority watersheds. For purposes of identifying which watersheds should participate in the VSP, the County must consider (RCW 36.70A.710(3)): a) the role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland; (b) the overall likelihood of completing a successful program in the watershed; and (c) existing watershed programs, including those of other jurisdictions in which the watershed has territory. For purposes of identifying priority watersheds, the County must consider (RCW 36.70A.710(4)): (a) the role of farming within the watershed, including the number and acreage of farms, the economic value of crops and livestock, and the risk of the conversion of farmland; (b) the importance of salmonid resources in the watershed; (c) an evaluation of the biological diversity of wildlife species and their habitats in the geographic region, including their significance and vulnerability; (d) the presence of leadership within the watershed that is representative and inclusive of the interests in the watershed; (e) integration of regional watershed strategies, including the availability of a data and scientific review structure related to all types of critical areas; (f) the presence of a local watershed group that is willing and capable of overseeing a successful program and that has the operational structures to administer the program effectively, including professional technical assistance staff and monitoring and adaptive management structures; and (g) the overall likelihood of completing a successful program in the watershed. If Whatcom County does elect to enroll in the VSP, implementation of the program is not required until adequate funding is made available. Current funding estimates for program development and administration are roughly $100,000 - $150,000/year if money is made available. If money is not made available, this program will not be required to be implemented. Implementation of the VSP is based on watershed -level work plans developed by local watershed groups with oversight authority from Washington State Conservation Commission. For each participating watershed, the program requires development of a work plan that includes: 1) Measurable benchmarks that, within 10 years after receipt of funding, are designed to result in the protection and enhancement of critical areas functions and values through voluntary, incentive -based measures; 2) Goals for participation by agricultural operators necessary to meet the protection and enhancement benchmarks of the work plan; 3) Provisions for technical assistance to ensure individual stewardship plans contribute to the goals and benchmarks of the work plan; Section It — Policy Analysis Page 3 of 7 11 4) Baseline monitoring for: (i) participation and implementation of the voluntary stewardship plans and projects; (ii) stewardship activities; and the effects on critical areas and agriculture relevant to the protection and enhancement benchmarks developed for the watershed. Whatcom County has at least three alternatives to consider with the Voluntary Stewardship Program (VSP): 1) Not "opting -in" to the Voluntary Stewardship Program; or 2) "Opting -in" Whatcom County, with Drayton Harbor in the VSP, and nominating it as a priority watershed for funding; 3) "Opting -in" Whatcom County, with all of the unincorporated Water Resource Inventory Area 1 (WRIA 1) Watershed in the VSP , and nominating sub- basin(s) to be considered "priority" watersheds for funding. Factors to be considered when evaluating these options are described below. Vote no on the resolutions and continue on with our existing Critical Areas Ordinance, until it is updated, no later than June 30, 2016. Our existing CAO allows for site specific management of critical areas for ongoing agriculture, rather than the prescriptive approach to management that is applied to all other land uses (WCC 16.16.290 & Appendix A). This approach has worked in the past when resources were available to properly implement. This should be considered before embarking on a new process that will likely result in a similar management approach. Vote yes on the Resolution and identify the Drayton Harbor (see Figure 1) as the watershed where the VSP will apply. Nominate the same watershed as a "priority" Watershed. Factors to consider: Any watershed in Whatcom County could be inserted for Drayton Harbor. Applying this program in a small watershed offsets some of the uncertainties and risk involved with a voluntary program. It allows the program to take a community approach, with local involvement and local leadership. It also focuses limited resources, in order to achieve success. Drayton Harbor offers some unique opportunities: • Drayton Harbor is not part of the Nooksack Watershed, so it provides an opportunity to try the voluntary approach in an area that is not a focus of Salmon Recovery. • The watershed groups in the basin have been active since the 1990's. • There are well documented water quality concerns that have not been resolved with past actions and regulations'. t - Drayton Harbor Shellfish Protection District Recovery Plan, 2007 Update, March 2007 Section II — Policy Analysis Page 4 of 7 12 Agricultural uses are significant in the basin. Agriculture makes up approximately 15,000 acres, or 40% of Dakota Creek and 5,000 acres, or 25% of California Creek2. Dakota and California Creeks provides spawning and rearing habitat for Salmonid, including Chinook, Chum, Coho, and cutthroat trout3. There is conditional approval of shellfish harvesting in Drayton Harbor that is under constant threat of closure. ;, r ,ting-in" Whatcom County, Watershed:. the VSP, and o bc considered "r:: ,watersheds Vote yes on the Resolution and identify Water Resource Inventory Area 1 (WRIA 1) as the watershed where the VSP will apply. Nominate one or more watersheds for consideration by the State Conservation Commission as a state priority watershed. Factors to consider: This alternative would include all of the agricultural areas of Whatcom County, except for the areas draining to Samish Bay (see Figure 1). A watershed will need to be nominated as "priority" watershed to receive funding for implementation. The Drayton Harbor watershed could be this watershed for all the reasons listed above in Alternative 2. Including the whole WRIA 1 Watershed would allow this program to be implemented on a wider scale if successful in a priority watershed. Figure 1: Map of WRIA 1 Watershed Boundaries, including Drayton Harbor 2- WRIA 1 Watershed Management Project: 2010 State of the Watershed Report, June 30, 2011 3 - Shoreline Master Program Update -Vol 1, Shoreline Inventory and Characterization Report, Part 111, Chapter 17, Whatcom County. June 2006 Section II —Policy Analysis Page 5 of 7 13 Discussion: Whatcom County has the option of participating in the Voluntary Stewardship Program, if action is taken by January 22, 2012. The program offers an optional management program for agriculture activity within the standard critical areas and their buffers. Proponents argue that it provides equal weight to the Growth Management Act goals of protecting critical areas and protecting the viability of agriculture. By implementing the Voluntary Stewardship Program the County's focus would shift from getting farm plans permitted to meeting measurable water quality and habitat goals at a watershed scale. A watershed group would be responsible for coming up with a work plan to meet watershed goals, and getting it approved by WA State Conservation Commission. This work plan is not required to be approved by Whatcom County Council. Current funding estimates for program development and administration are roughly $100,000 - $150,000/year. This may be appropriate funding for a smaller watershed, but an on -the -ground, voluntary process that depends on active monitoring would be difficult to achieve for the entire WRIA 1 Watershed. The VSP seems to be geared toward Counties that have not updated their critical areas ordinances to include agricultural lands. Whatcom County's Critical Areas Ordinance (WCC 16.16) was updated in 2005 to include special provisions only for agriculture that allow for agricultural activity within regulated critical areas and their buffers with an approved Farm Conservation Plan. These special provisions were included to balance the GMA goals of viable agricultural lands and the protection of critical areas. In addition to our Conservation Program on Agricultural lands, Whatcom County code 16.16.260(E) allows for a watershed -based management plan that could be implemented outside of the Ruckelshaus Voluntary Stewardship Program. In order to do this, there will need to be political will and resources made available to develop and implement such a program. Taking this local approach through our own Critical Areas Ordinance would minimize the state process. Section II — Policy Analysis Page 6 of 7 14 �' r Based on experience implementing the our County's Conservation Program on Agricultural Lands, meetings with the Agricultural Advisory Committee, discussions with interested stakeholders, and feedback from the public, staff recommends the Council either: • Do not opt in, and continue with our existing Critical Areas Ordinance that does have special provisions for agriculture; or • Opt in with a small watershed to test this approach and make the most of State resources. This is Alternative 2. Exhibit A: Resolution for Alternative 2: Opt in with a single watershed Exhibit B: Resolution for Alternative 3: Opt in all of WRIA 1 Section III —Recommendations Page 7 of 7 15 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011-431 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 1112212011 121612011 Introduction Gary Davis %% �G D lv/ �C Division Head: Roxanne Michael 111012012 Planning and NOV 2 9 21111 Development &Council Dept. Head: Sam Ryan � I' - di � I '' Prosecutor: Royce Buckingham � WHF`OM C®UNTY 00 6A IL Purchasing/Budget: Executive: Pete Kremen j l,/ jo TITLE O DO UMENT. Electrical Vehicle Infrastructure ATTACHMENTS: 1. Proposed Ordinance 2. Planning Commission Findings of Fact and Reasons for Action 3. Staff Memorandum SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X') NO SEPA review completed? ( X) Yes ( ) NO Requested Date 'The Council must (told a hearing if they want to change the Planning Commission's recommendation IWCC 2.160.100(2)i. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposed ordinance to amend WCC Title 20 to allow electric vehicle infrastructure in all zones. COMMITTEE ACTION: COUNCIL ACTION: 12/06/2011: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2010-00022 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. 16 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: December 6, 2011 ORDINANCE NO. AMENDING THE WHATCOM COUNTY ZONING CODE TO ALLOW ELECTRIC VEHICLE INFRASTRUCTURE WHEREAS, State law requires counties to allow electric vehicle infrastructure in their nonresidential zones; and WHEREAS, the Whatcom County Planning Commission held a public hearing on October 13, 2011 on draft amendments to the zoning code. The Planning Commission recommended approval of amendments following a work session on October 27, 2011; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendations; and WHEREAS, legal notice requirements have been met; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS OF FACT 1. During the 2009 session the Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. 2. The purpose of HB 1481 is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient and cost-effective electric vehicle infrastructure that such a transition necessitates. 3. Notice of the proposed amendment was sent to the Department of Commerce and other state agencies on August 16, 2011. On August 16, 2011 Commerce notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed Page 1of3 17 amendment have been received from Commerce, to date. 4. On August 24, 2011 the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 19, 2011. No comments were received regarding this determination. 5. Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on September 30, 2011. 6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. CONCLUSIONS 1. The proposed amendments are consistent with the Comprehensive Plan, and are in the public interest. 2. The proposed amendments will result in no significant environmental impacts, and are intended to result in a reduction in per -vehicle tailpipe emissions. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County zoning code (WCC Title 20) is hereby amended as shown in 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. Page 2of3 ADOPTED this day of 2011. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy ros �or Sam Crawford, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: Page 3of3 19 File # PLN2011-00022 October 28, 2011 Electric Vehicle Infrastructure Planning Commission Recommendations, Page 1 WHATCOM COUNTY PLANNING COMMISSION Electric Vehicle Infrastructure Zoning Code Amendments FINDINGS OF FACT AND REASONS FOR ACTION 1. During the 2009 session the Washington State Legislature passed House Bill 1481 (HB 1481), an Act relating to electric vehicles. The Bill addressed electric vehicle infrastructure including the structures, machinery, and equipment necessary and integral to support an electric vehicle, including battery charging stations, rapid charging stations, and battery exchange stations. 2. The purpose of HB 1481 is to encourage the transition to electric vehicle use and to expedite the establishment of a convenient and cost-effective electric vehicle infrastructure that such a transition necessitates. 3. Notice of the proposed amendment was sent to the Department of Commerce and other state agencies on August 16, 2011. On August 16, 2011 Commerce notified Whatcom County that notice of the proposed amendment had been received and had been forwarded to other interested parties as required. No comments regarding the proposed amendment have been received from Commerce, to date. 4. On August 24, 2011 the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non -Significance (DNS) in regards to the proposed text amendment, a non -project action. The comment period for this determination ended on September 19, 2011. No comments were received regarding this determination. S. Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on September 30, 2011. 6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. 1 20 File # PLN2011-00022 October 28, 2011 Electric Vehicle Infrastructure Planning Commission Recommendations, Page 2 CONCLUSIONS 1. The proposed amendments are consistent with the Comprehensive Plan, and are in the public interest. 2. The proposed amendments will result in no significant environmental impacts, and are intended to result in a reduction in per -vehicle tailpipe emissions. RECOMMENDATION Based upon the above findings and conclusions, the Whatcom County Planning Commission recommends approval of: Exhibit A, Whatcom County Zoning Code amendment. WHATCOM COUNTY PLANNING COMMISSION A ldb '41. Michelle Luke, Chair Date Sam Ryan, Se etary Date Commissioners present at the October 27, 2011 meeting when the vote was taken: Ken Bell, Rod Erickson, Gary Honcoop, John Lesow, Ilichelle Luke, David Onkels, and Jeff Rainey. Vote: Ayes: 7, Nays: 0, Abstain: 0, Absent: 2. Motion carried to adopt the above amendment. N 21 Exhibit A: Whatcom County Code, Title 20 October 28, 2011 Draft Proposed Amendments DRAFT Title 20 Electric Vehicle Infrastructure Amendments 20.24 Urban Residential Mixed (UR-MX) District 20.24.150 Conditional Uses. .161 The following uses may be approved within a neighborhood center where the locational criteria (WCC 20.24.161(2)) and site criteria (WCC 20.24.161(3)) are met; the floor area per nonresidential use does not exceed 5,000 square feet; and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. (1) Uses. (a) Commercial uses with a neighborhood or specialty nature including, but not limited to, barber and beauty shops, bakeries, drugstores; provided, that food markets may have no more than two gasoline pump islands, hardware stores, restaurants and coffee shops with or without drive -up service, electric vehicle rapid charging stations and battery exchange facilities (accessory to food markets with gasoline pump islands), stationery stores, laundromats, video rental, bookstores, frame shops and other small convenience retail, rental, or repair shops. 20.59 Rural General Commercial (RGC) District 20.59.100 Accessory Uses 22 Exhibit A: WCC Title 20 Proposed Amendments October 28, 2011 Draft .106 Electric vehicle rapid charging stations and battery exchange facilities, accessory to automobile service stations. 20.60 Neighborhood Commercial Center (NC) District 20.60.100 Accessory Uses. .105 Electric vehicle rapid charging stations and battery exchange facilities, accessory to conditionally approved service stations. 20.61 Small Town Commercial (STC) District 20.61.100 Accessory Uses. . .109 Electric vehicle rapid charging stations and battery exchange facilities, accessory to automobile service stations. 20.62 General Commercial (GC) District Page 2 of 6 23 Exhibit A: WCC Title 20 Proposed Amendments October 28, 2011 Draft 20.62.100 Accessory Uses. .105 Electric vehicle rapid charging stations and battery exchange facilities, accessory to automobile service stations. 20.63 Tourist Commercial (TC) District 20.63.100 Accessory Uses. .105 Electric vehicle rapid charging stations and battery exchange facilities, accessory to service stations. 20.64 Resort Commercial (RC) District 20.64.100 Accessory Uses. .112 Electric vehicle rapid charging stations and battery exchange facilities, accessory to conditionally approved service stations. 20.65 Gateway Industrial (GI) District Page 3 of 6 24 Exhibit A: WCC Title 20 Proposed Amendments October 28, 2011 Draft 20.65.100 Accessory Uses. .108 Electric vehicle rapid charging stations and battery exchange facilities, accessory to service stations. 20.66 Light Impact Industrial (LII) District 20.66.100 Accessory Uses. .108 Electric vehicle rapid charging stations and battery exchange facilities, accessory to gas stations. 20.67 General Manufacturing (GM) District 20.67.100 Accessory Uses. .109 Electric vehicle rapid charging stations and battery exchange facilities, accessory to gas stations. 20.68 High Impact Industrial (HII) District Page 4of6 25 Exhibit A: WCC Title 20 Proposed Amendments October 28, 2011 Draft 20.68.100 Accessory Uses. 108 Electric vehicle rapid charging stations and battery exchange facilities. 20.69 Rural Industrial - Manufacturing (RIM) District 20.69.100 Accessory Uses. .110 Electric vehicle rapid charging stations and battery exchange facilities, accessory to gas stations. 20.70 Airport Operations (AO) District 20.70.100 Accessory Uses .107 Electric vehicle rapid charging stations and battery exchange facilities, accessory to gas stations. 20.97 Definitions Page 5 of 6 26 Exhibit A: WCC Title 20 Proposed Amendments October 28, 2011 Draft 20.97.111 Electric vehicle battery exchange facility. "Electric vehicle battery exchange facility" means a fully automated facility that will enable an electric vehicle with a swappable battery to enter a drive lane and exchange the depleted battery with a fully charged battery through a fully automated process, which meets or exceeds any standards, codes, and regulations set forth by chapter 19.27 RCW and consistent with rules adopted under RCW 19.27.540, 20.97.113 Electric vehicle charging station. "Electric vehicle charging station" means a private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy (no more than 220 volts, by conductive or inductive means) to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station is allowed accessory to any principal use and meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. 20.97.115 Electric vehicle rapid charging station. "Electric vehicle rapid charging station" means a type of electric vehicle charging station that allows for faster recharging of electric vehicle batteries through higher power levels (typically 480 volts) and that meets or exceeds any standards, codes, and regulations set forth by chapter 19.28 RCW and consistent with rules adopted under RCW 19.27.540. Page 6 of 6 27 WHA,TCOM COUNTY COUNCIL AGENDA BILL NO. 2011-435 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: 11122111 Introduction Originator: Joshua 12 / 6 / 11 Fleischmann d Q D Division Head: -V V DEC. 0.2 �p 2011 1/10/12 P&D/Council Dept. Head: J.E. "Sam" �p4Q , 1 �a I Ryan WHATCONI COUNTY COUNCIL Prosecutor: Karen Frakes ', Purchasin /Bud et: 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 hearing ? ( ) 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 ]vE 1/4 of Section 14, T39N, R2E, W.M. Assessor's Parcel Ws 390214400339 and 390214468400. COMMITTEE ACTION.• COUNCIL ACTION. 12/06/2011: Introduced Related County Contract 4: 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 J.E. "Sam" Ryan Director GOM C Planning & Development Services � 5280 Northwest Drive_. , Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �9SyNGCO2 360-738-2525 Fax — RECEIV ED MEMORANDUM NOV 292011 PETE KREMEN COUNTY EXECUTIVE TO: Whatcom County Council THROUGH: J.E. "Sam" Ryan, Director �i� FROM: Joshua Fleischmann, Planner II DATE: November 28, 2011 SUBJECT: Mineral Resource Lands (NIRL) 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 NIRL 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. 29 PROPOSED BY: PDS SPONSORED BY: CONSENT INTRODUCTION DATE: DECEMBER 6, 2011 ORDINANCE NO. 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 THE ALDRICH ROAD 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; and 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: P. 1 30 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 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. P. 2 31 12. 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. 13. 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)." After reviewing the criteria, it is the County Geologist's recollection and opinion that the material on site meets the requirements of criterion #6. 14. Mineral resource designation criterion #7 state, "NIRL 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. 15. 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." P. 3 32 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. 16. Mineral resource designation criterion # 9 states, "MRL Designation should not enclose by more than 50% non -designated parcels." ' The MRL designation does not enclose by more than 50% non -designated parcels. 17. 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. 18. 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." 19. Policy 7A-2: Foster a diverse, private -sector job base, which will provide family - wage jobs at the state median income level or greater, and facilitate the retention and expansion of existing businesses. This option would allow the landowners the potential to utilize all the densities over the roughly 90 acres. According to the Bureau of Labor Statistics (BLS), the median hourly wage in the State of Washington is $18.76, whereas the median hourly wage for construction and extraction occupations (a category which includes a wide range of jobs and experience level) within the Bellingham metropolitan area is $22.82. Meanwhile, the median hourly wage for farming, fishing, and forestry occupations (a category which includes a wide range of jobs and experience level) within the Bellingham metropolitan area is $16.77. Under this proposal, the construction occupations on the 8 additional buildable lots would provide family wage jobs above the state median income (based on data provided by the BLS), while the agricultural occupations on the reserve tract would provide jobs below the state median level (based on data provided by the BLS). 20. 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. 21. Policy 8A-6: Prioritize agricultural activity in land use decisions when land is P. 4 33 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. 22. 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. 23. Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources. The proposal would eliminate any potential commercial mineral extraction impacts to nearby land uses, health, safety, or natural resources. 24. 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. 25. 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. 26. 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. P. 5 34 27. 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. 28. 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. 29. 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. If the MRL 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. 30. 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. 31. 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 P. 6 35 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. 32. 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. In 2004 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. Under this proposal, designated mineral resource lands within Whatcom County would decrease, increasing the projected gap between supply and demand over the 50 year planning period. 33. 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 construction aggregate are within 10 miles of cities and/or UGAs. 34. Policy 8P-4: Allow mining within designated NIRLs 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. 35. 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 MRL as 1 of the 24 Whatcom County NIRL areas. P. 7 36 36. 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. 37. 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. 38. 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. 39. The 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). 40. The Whatcom County Surface Mining Advisory Committee Final Report and Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing NIRLs 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 NIRLs are not expanded... (p. 7). 41. A letter from Adam Prince, of Alissi Consulting Inc. states that the sand on site is no longer suitable for septic systems. 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 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. P. 8 37 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 ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor P. 9 2011 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHI.NGTON Chairperson ( ) Approved ( ) Denied Jack Louws, County Executive Date: Exhibit A File #PLN2011-00010 MRL - Aldrich Rd. Removal of existing MRL Designation and zoning overlay; from MRL to Rural, RICIA Y Y YY � � .vi• 3L,A rM'�� i����i';. �'.i..F i'.`A�'4�.4* ::.;... Existing MRL L �waj n YlnsHi�+w Nw ..-qr•x ve plfxYa hi.Y .�„na asyliMlV pp:1`6i. a= -a f ppR 1'- 10 39 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 21 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to. Originator: 1 /3/2012 Division Head. - Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: 2012 Reorganization of Whatcom County Council ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEEACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcomwa.uslcouncil. 2012 WHATCOM COUNTY COUNCIL COMMITTEE PREFERENCE J Indicates Chair of Committee County Council v t. Ym ih e � �-r+'� Carl fat Committee Assignments I � �• ,Sam -' Cr`svoai : i aplz n. xseFe ershne .;G �` Came m� n: ann elmer?srem,e,: Couna Ithalr ersori J �`.Councll=V[ce=Cliair arson J J i:zEzec0. Pro-Tempore J 8oard7of:Supervisors Chair of FCZD J Standiinti'Committees: FOce'sAAdmnistrative.Services Health Committee J J PIanni9g,8� Development J J J Putillc-lNo 0-&Safety J J 'Natutall.Resources J J J SyOther'-committee Assionments 'ellln ha` Intemational.Al ortAdvlso J r Councl,-:o:Govern ments (COG) (2) J J J J _� Develo .n'ental. Disabilities Board J Drayton-fl rti r Shellfish Protection; District ._._�..._.._ ___^_„ (attached explanation) SKEnef9Y Facility, Slte Evaluation Council (EFS� . J '$FloodsCon[ipl.Z.one Committee (Ex Officlo) J Intergovernmental Tribal Relations Committee (2) J J aLEOFF Board` J Local€Eme' en ' Planning Committee LEPQ J J -A hne-=Resources Committee ���lental Hea,lt h.Advlsory. Board: J Y=Iv_o tFi.SounOp d'.Mental-HealthiAdministretlon= J -NorthN e4-p- ean-Alr Agency ;.. J J North�westRegional Council (NWRC) J `QpportUnitp;,Council J J Polage.,Bay Shellfish Protection District . J - - upllj �D- ense'Advisory J J ''-Publ'ie=Heafth:Advisory Board s_`501id=Wa8te: Advisory +sSutistance'Atiuse Advisory Board J r WSAC Legislative Steering Committee J J tWhatcom=::Trdnsit Authority J J WHATCOM COUNTY COUNCIL MEMBERS Council at Large 2012 Bill Knutzen 410-2000 Term expires 1-2014 District I Position A Kathy Kershner 220-7535 Term expires 1-2014 Position B Pete Kremen 734-3802 Term expires 1-2016 District II Position A Ken Mann 483-6020 Term expires 1-2014 Position B Sam Crawford 671-7262 Term expires 1-2016 District III Position A Carl Weimer 384-5919 Term expires 1-2014 Position B Barbara E. Brenner 384-2762 Term expires 1-2016 ALL MAIL FOR COUNCIL MEMBERS SHOULD BE SENT TO THE FOLLOWING ADDRESS: WHATCOM COUNTY COUNCIL 311 GRAND AVENUE, SUITE 105 BELLINGHAM, WA 98225 (360) 676-6690 FAX: (360) 738-2550 council@co.whatcom.wa.us 42 2012 WHATCOM COUNTY COUNCIL COMMITTEES Finance and Administrative Services Committee Council Meeting - Tuesdays Health Council Meeting — Tuesdays (as needed) (Adopted 911112007) Natural Resources Committee Council Meeting - Tuesdays Planning and Development Committee Council Meeting - Tuesdays Public Works and Safety Committee Council Meeting - Tuesdays Bellingham International Airport Advisory Committee (BIA) Meets every other month — 2"d Thursday at 9:30 a.m. - First meeting is January 12, 2012 (held at General Aviation Terminal, 4201 Mitchel/ Way) Purpose: To serve as an advisory board for the management of the Bellingham International Airport and the Port Commission. This committee will address concerns over the policies, direction, and impact of BIA upon the Whatcom County community. It will maintain awareness of the economic mandate placed upon the Port which affect policy decisions and apply such knowledge in reaching any recommendations which are to be directed to the Aviation Manager. Whatcom Council of Governments (WCOG) Meets Monthly — typically 2"d Wednesday at 3:30 p.m. (Two representatives from County Council — Both will serve on the Full Council and one of the two will serve also on the Executive Board & Transportation Policy Board) (held at 314 E. Champion) First meeting TBA Purpose: Whatcom Council of Governments is a body of representatives, mostly elected officials that act together in reviewing and solving regional issues. They are supported by a small staff. Much of the work accomplished relates to transportation issues of every kind. The Washington State Governor has reposed special trust in the WCOG by designating it as both the Metropolitan Planning Organization (MPO) and the Regional Transportation Planning Organization (RTPO). Local elected officials make decisions about roads and other transportation topics as members of this organization. I:/committees/2012/Council Committees 43 Drayton Harbor Shellfish Protection District Advisory Committee Meets every other month - 3rd Wednesday at 4 p.m. (held at the Marine Drive Harbormaster's Conference Room in Blaine) Purpose: Members must be property owners that reside within the Shellfish Protection District or have a direct interest from one of the following groups: Commercial Shell fishing, Agriculture, Ports, Fish Processing, Recreational Boating, Blaine City Council, or Drayton Harbor Management Committee. The board's duties are to advise the County Council on the proposed actions and operations relating to the restoration of water quality in the Drayton Harbor watershed. Northwest Economic Council (formally the EDC) Meets every month —4th Wednesday at 7:30 a.m. (held at Barkley Village Conference Room; 2211 Rimland Drive, Ste. 106) Please note: The Northwest Economic Council will be restructuring their board in 2012. This board position will more than likely be filled by the County Executive not a councilmember. Flood Control Zone Advisory Meets every month — 2"d 'Thursday at 7 p.m. (held at Civic Center - Garden Level Conference Room) Purpose: Committee assists and makes recommendations to the Flood Control Zone District Board of Supervisors in performing flood damage repairs, maintenance and improvements, and minimizing future flood damage through prevention and management on the Nooksack River, its watershed and the other watersheds within Whatcom County. Serves as an Ex-Officio member (non -voting). Public Health Advisory Board Meets every other odd month — 1st Wednesday at 7 a.m. First meeting will be held January 51h (held at the Health Department Conference Room) Purpose: The Board shall serve in an advisory capacity to the Health Department on all issues related to the County Health Department and its programs. Members are residents of the county, eight of which are appointed by the Executive, subject to the County Council confirmation. One member is appointed by County Council for a term of one calendar year. Developmental Disabilities Board Meets Monthly — 4th Monday at 4:30 p.m. (will not meet in April, June and December) (held at Saint Luke's Community Health Education Center) Purpose: The Board shall serve in an advisory capacity to the department of Developmental Disabilities Services. The Board plans services for developmentally disabled people and coordinates those services. Residents of Whatcom County. Members shall include but not be limited to representatives of public, private, or voluntary agencies, representatives of I:/committees/2012/Council Committees 44 local government units and citizens knowledgeable about developmental disabilities. *Mental Health Advisory Board Meets every other month - 2"d Monday at 12 p.m. First meeting is January 9, 2012. (held at Saint Luke's Community Health Education Center) Purpose: The Board shall be broadly representative of the demographic character of the County and the mentally ill persons served therein. The Board plans services for treatment of the mentally ill; members include community representatives (government, business, education, families of mentally ill persons, and mental health professionals), residents of Whatcom County. *Substance Abuse Advisory Board Meets every other month — 2"d Monday at 12 p.m. First meeting is January 9, 2012. (held at Saint Luke's Community Health Education Center) Purpose: The Board serves in an advisory capacity to the Human Services Division of the Whatcom County Health Department on all issues related to substance abuse. *Mental Health Advisory Board and Substance Abuse Advisory Board will combined meetings LEOFF Board Meets Monthly - 2"d Wednesday at 9 a.m. (held in County Executive Conference Room) Purpose: The Whatcom County law enforcement officers' and firefighters' disability board is established pursuant to RCW 41.26.110. The board has jurisdiction involving members of the "Washington Law Enforcement Officers' and Firefighters' Retirement System" of Whatcom County, other than members covered by a city which has established its own disability board. Such board shall act upon and either approve or disapprove all claims for disability from those within its jurisdiction. Local Emergency Planning Committee (LEPC) Meets Quarterly — 15t meeting is January 24 at 1:30 p.m. (held at Saint Luke's Health Education Center) Purpose: The LEPC was created in 1987 to fulfill local hazardous materials responsibilities designated by congress in the Superfund Amendment Reauthorization Act (SARA) Title III. The state of Washington implemented the congressional mandate with the adoption of WAC 118. Also known as the Emergency Planning and Community Right -to -Know Act (EPCRA), the legislation requires LEPCs to develop a local hazardous materials response plan and to maintain public files that show chemical inventories of facilities regulated by the Act. The Whatcom County Sheriff's I:/committees/2012/Council Committees 45 Office Division of Emergency Management facilitates the activities of the LEPC. The Sheriff is Chair of the Committee. It was the legislative intent of the Act that LEPCs be composed of a broad cross-section of the community including: state and local elected officials, response organizations, health officials, community groups, concerned environmental organizations and regulated businesses and industries. Marine Resource Committee Meets Monthly — 1st Thursday at 6 p.m. (held at Civic Center Building,, Garden Level Conference Room) Purpose: The Whatcom County marine resource committee will address local marine issues and recommend remedial action to local authorities. The committee will build local awareness of issues, and gather support for remedies consistent with the benchmarks for performance as established in the August 20, 1998 report to the conveners by the Murray -Metcalf northwest straits citizens' advisory commission. North Sound Mental Health Administration Board of Directors Meets only on even numbered months — 2"d Thursdays at 1:30 p.m. (February 9, April 12, June 14, August 9, October 11 and December 13) (in addition, representative may be appointed to one of four committees: Finance Committee, Executive Personnel Committee, Planning Committee, or Quality Management Oversight Committee) (held in Mount Vernon) Purpose: The North Sound Mental Health Administration is a Regional Support Network for Island, San Juan, Skagit, Snohomish & Whatcom Counties. They join together to enhance our community's mental health and support recovery for people with mental illness served in the North Sound region, through high quality culturally competent services. Northwest Clean Air Agency Meets Monthly - 2"d Thursday at 1:30 p.m. (will not meet January and July) (held in Mount Vernon office) Purpose: The Northwest Air Pollution Authority's seven member Board of Directors establish policies and oversee agency operations. The Board is comprised of a representative from each of the three counties, a representative from each of the three largest cities -- Bellingham, Mount Vernon and Oak Harbor -- and a Member -at -Large selected by the other six members. Northwest Regional Council Meets three times a year — Thursday (March 22, June 28 and November 8) at 10:a.m. (held at Skagit County Commissioner's Hearing Room in Mount Vernon) Purpose: The Northwest Regional Council (NWRC) has been serving people of Island, San Juan, Skagit and Whatcom Counties since 1971. They are governed by a board of directors that is composed of two elected officials I:/committees/2012/Council Committees 46 from each member county. Efforts are concentrated in planning and implementing services for people who are older or disabled and who need assistance caring for themselves. NWRC funds community -based care programs in order to help people live in their own homes and communities for as long as possible, postponing or eliminating the need for institutional care. (Meets at Skagit County Commissioners Hearing Room in Mt. Vernon) Portage Bay Shellfish Protection District Meets twice a year or as needed (held at Civic Center Building, Garden Level Conference Room) Purpose: The committee advises the County Council on the proposed actions and operations relating to the restoration of water quality in the Portage Bay Watershed. Members must have a direct interest in the Shellfish Protection District. Opportunity Council (OC) Meets Monthly — 4tn Thursday at 4 p.m. (November & December are combined into one meeting on December 6, 2012) (does not meet July & August) Purpose: The Opportunity Council (OC) creates innovative, collaborative solutions and partnerships to meet the needs of disadvantaged person in our communities. Development and Executive staff provide technical assistance, planning, strategic development, financial and organizational direction, leadership on agency -wide systems, and the political and institutional relationships vital to the future of the agency and communities. The OC plays a key role in the development and ongoing operations of, many local, state and national groups that improve the lives of low-income, homeless and disadvantaged persons. Public Defense Advisory Committee Meets once per year Purpose: The Committee shall submit its observation of the public defender system to the Executive and the County Council not less than annually. Solid Waste Advisory Committee Meets Quarterly — 4t" Thursday at 5:30 p.m. (January 26, April 26, July 26 and October 25) (held at Civic Center Building, Garden Level Conference Room) Purpose: The Whatcom County solid waste advisory committee is established to be comprised of a county -wide group of representatives of citizens, public interest groups, business, the waste management industry, and local elected public officials to provide for coordination and information exchange between the groups about sold waste issues and to provide ongoing public input and advice to Whatcom County on solid waste management issues. I:/committees/2012/Council Committees 47 The Whatcom County solid waste advisory committee shall advise and make recommendation to the county executive and council on matters within their scope and charge. WSAC Legislative Steering Committee (Washington Association of Counties) Meets generally four times a year (during Legislative session) (January 19, February 2, February 16 and March 1) Purpose: The Legislative Steering Committee is responsible to prepare and recommended a proposed legislative program for consideration of the membership at the Annual Meeting. The Legislative Steering Committee shall monitor events of each legislative session and shall be empowered to adopt policy relating to legislation, executive branch policies and operation, and the activities of other organizations and associations. Whatcom Transit Authority (WTA) Meets Monthly - 3rd Thursday at 8 a.m. Executive Committee Meets Monthly - 2"d Thursday at 8 a.m. (will not meet in January) Purpose: The Board concurs and approves all matters pertaining to the running of the WTA. Any item over $25,000 must be brought to the Board for approval. In addition, the board member attends the Executive Committee meeting listed above. The Board discusses the following: route changes; services offered to the public, service planning; major personnel issues; labor negotiation issues; fiscal issues; funding issues; capital expenditures; major purchases; grants and contracts. I:/committees/2012/Council Committees 48 WTTATCnM 171777NTY rn77NCTT. AGF.N1)A RTT.T. Nn 2012�0Qi;' CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: AL 01103112 jjED) lRi [-' C E W E D JAN 0 3.2111 Z WHATGOM COUNTY COUNCIL 01110112 Council Division Head: Dept. Head: Prosecutor: Purchasing/Budg et: Executive: TITLE OF DOCUMENT. Executive Louws to give introductory remarks 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.) County Executive Jack Louws to give introductory remarks to Council COMMITTEE ACTION. Related County Contract #. Related File Numbers: COUNCIL ACTION. Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Whatcom County Council Special Surface Water Work Session November 15, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 10:30 a.m. in the Whatcom County Civic Center Annex, Garden Room, 322 N. Commercial, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Bill Knutzen and Ken Mann Absent: Kathy Kershner, Tony Larson and Carl Weimer SURFACE WATER WORK SESSION (AB2011-024) 1. WATER RESOURCE INVENTORY AREA (WRIA) AND THE LOWER NOOKSACK STRATEGY John Hutchings, Public Works Department, gave a staff report and stated they must decide how to go forward with this water resource planning effort and the scope of the strategy and water plan update. He submitted a handout (on file) and described the history of watershed planning in Whatcom County. Crawford asked and there was discussion of how the $8 million was spent on watershed planning during the WRIA effort. Brenner asked and there was discussion of the deliverables received from the Utah State University (USU) contract. Knutzen stated and there was discussion of how controversial it is to get water rights into the community rather than spend another $2.6 million. Brenner asked and there was discussion of: • Whether they are going through all this to develop their case that will eventually go to federal court. • Whether the information from USU is good to use and will be part of the record. • Whether the Tribes are seriously interested in this. • Whether they will have a better chance of resolving the issues than if they don't do anything. The following people spoke: • Roger Brown, Birch Bay Water and Sewer District, stated he submitted a letter on September 9 expressing his views. This violates the watershed management plan and detailed implementation plan. It is not necessary to Surface Water Work Session, 11/15/2011, Page 1 50 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. do a coordinated water system plan update now. If they do, follow the procedures in that plan. The County, not the Public Utility District (PUD), should be the lead entity. Review the entire program. Consider a general adjudication in State court. • Clare Fogelsong, City of Bellingham, stated don't slow down and wait to do this. The water resource inventory area (WRIA) process biased the negotiation toward in -stream flows. They don't know the out -of -stream needs and issues. They must know that information. The Lummi and Nooksack Tribes asked for federal adjudication. • Wendy Harris stated get community buy -in before going forward. The County should provide basic community education explaining water rights issues. • Marty Mayberry, Bertrand Water Improvement District (WID), stated they're not talking about the other resolution option. The community doesn't understand the impact of quantification of instream flow rights. That makes everyone else junior to those instream flow rights. The County must deal with the gravity of the issue and decide which process to follow. Consider whether it will make any difference in the end. • Henry Bierlink, Farm Friends, stated he has requested the Tribal requests for federal adjudication. • Doug Allen, Department of Ecology, described the status of Ecology's negotiation with the Tribes. Hutchings asked if doing due diligence in preparing this information and in engaging the Tribes is something they have to do anyway. Mayberry stated that's the County's decision. Councilmembers need to know how serious this issue is. Mann asked and there was discussion of educating him as well as the community about the significance of what is happening. Crawford asked and there was discussion of the status of the timeline. Bierlink stated the County was part of the federal negotiations, but there isn't support to be there now. The County must deal with water quantity issues. He supports the information Mr. Hutchings presented. This plan deals with gathering the information they need. Mann asked and there was discussion of whether the Tribes' requests are outside of this WRIA process or will harm the process. The following person spoke: • Steve ]ilk, Whatcom PUD General Manager, stated the objective of the Joint Board isn't to take anything from anyone else. The PUD's interest is to provide leadership on a piece of this process they've been promoting for 12 years. The water purveyors of the County must join together to develop a way to secure their needs. He spends many hours monitoring water negotiations throughout the state. The only county with any success was Walla Walla County. Get the out -of -stream water purveyors, with representation of all stakeholders, together to do what they need to do. Surface Water Work Session, 11/15/2011, Page 2 51 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Knutzen asked and there was discussion about the situations in Walla Walla County and Kittitas County. The following person spoke: • Marion Beddill stated that if this will be settled in court, the County should be as well prepared as possible. She supports continuing work on the collection and preparation of data. The data collected so far has improved how they deal with water. She congratulated Mr. Hutchings for successfully summarizing the process over time. Jilk stated there have been many discussions about the coordinated water system plan update between the County Health Department, water associations, water and sewer districts, and all the Cities. They agree that the update must be done. The Cities will update their individual system plans, and they want to coordinate with the County's plan. They are in the process of water negotiations. This is the best way to approach it. The following person spoke: • John Wolpers, Health Department, stated the coordinated water system plan needs to be updated. They use it regularly. It makes sense to do it now. Brown stated it's fine if the Health Department needs to update the plan for their service areas. The County should be the lead and have a specific scope of work. He's concerned it will create statutory color to a planning process that violates the watershed management plan. He described what is happening in Walla Walla County and the difference from Whatcom County. Consider general adjudication in State court. It's an open process that results in certainty. Skip Richards stated the history from Mr. Hutchings has serious misleading comments. They've been stalling. Some parties have gone outside the document and are doing their own thing. Any more documents must be legally binding. The problem with the plan is that it is only a planning document, and people are being excluded. Make sure everyone is always involved rather than allow back room deals. Crawford asked the next step. Hutchings stated they must address the issue of representation. He will present a scope of work for a coordinated water system plan update and reestablish the committee. 2. FLOOD CONTROL ZONE DISTRICT MID -BIENNIUM BUDGET (Clerk's Note: Council acting as the Flood Control Zone District Board of Supervisors.) Paula Cooper, Public Works Department, submitted a handout (on file) and stated this budget will come forward in a supplemental budget request. It was discussed by the Advisory Committee. Jon Hutchings, Public Works Department, stated the work plan and budget are inconsistent. There needs to be a budget adjustment to reconcile the budget. Surface Water Work Session, 11/15/2011, Page 3 52 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 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. Cooper stated $239,551 is a negative increase to the flood balance, but that tends to end up as a balanced budget. It's not likely they will spend everything that is budgeted. About $250,000 is budgeted for emergencies. Hutchings described adjustments made recently to the current budget and the effects on the 2012 budget. Crawford asked and there was discussion of how the numbers in the resolution in the Council packet match the handouts. Brenner asked and there was discussion of additional revenues. Cooper referenced the handouts and described the proposed adjustments to the 2012 budget. Crawford stated they will forward this to the Finance Committee and schedule a public hearing. Hutchings stated they must work to define the system of dikes and levees that they're managing, and decide what they're not going to do. Many people are coming forward asking for money for things that aren't part of the system and don't have local sponsors. ADJOURN The meeting adjourned at 12:30 p.m. The Council approved these minutes on , 2011. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Surface Water Work Session, 11/15/2011, Page 4 53 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 November 22, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, Tony Larson and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:01:37 PM) Crawford announced that the following items were discussed in executive session during the Committee of the Whole meeting: • Discussion with Chief Civil Deputy Prosecutor Randall Watts regarding two cases of pending litigation (AB2011-018) • Strategy planning discussion and positions to be taken regarding collective bargaining (AB2011-036) • Discussion with Public Works Administration regarding issues related to Swift Creek (AB2011-018) Pete Kremen, County Executive, read and presented Ray Fann, who served on the Noxious Weed Control Board for 35 years, with a signed proclamation making November 22, 2011 Ray Fann Day. Ray Fann stated he thanks the many people who have made this program one of the best in the nation. They must stay on top of noxious weed problems. He appreciates everything Executive Kremen and the Council have done. MINUTES CONSENT (7:06:30 PM) Knutzen moved to approve the Minutes Consent items. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. COMMITTEE OF THE WHOLE FOR OCTOBER 25, 2011 Whatcom County Council, 11/22/2011, Page 1 54 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 2. REGULAR COUNTY COUNCIL FOR OCTOBER 25, 2011 OPEN SESSION (7:06:57 PM) The following people spoke: • Rick Kiene spoke about the reconveyance of Department of Natural Resources (DNR) property on Lake Whatcom. • Bob Burr spoke about the 99 Percent/Occupy movement and a Constitutional amendment to save the country. • (Clerk's Note: The speaker following Bob Burr requested that his/her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Ronna Loerch spoke about the 99 Percent/Occupy movement and using community resources to help. • Sherry Keizer submitted a handout (on file) and spoke about her request for a zoning text amendment. • James Bauckman spoke about creating a database of people who want to get involved by trading or bartering. • Shane Roth spoke about the 99 Percent/Occupy movement. • Eric Goheen spoke about shipping coal to China. • Bruce Diele spoke about discrimination against the poor and the 99 Percent/Occupy movement. PUBLIC HEARINGS 1. ORDINANCE GRANTING ASSIGNMENT OF A NON-EXCLUSIVE FRANCHISE FROM BROADSTRIPE, LLC TO WAVE DIVISION I, LLC D/B/A WAVE BROADBAND (AB2011-344) (7:33:11 PM) Crawford opened the public hearing, and the following person spoke: Patrick Lemons stated he has been a Broadstripe customer for 17 years. It has been a nightmare. Currently, there is a temporary cable stretched across his property. He wants to know if the new owner is going to take care of the problems. Hearing no one else, Crawford closed the public hearing. Weimer moved to adopt the ordinance. Brenner stated these are businesses and this is a transfer from one business to another. The County Council can't force a business to provide a service. They're not a utility. It's frustrating. She would like to know more about the problems they're experiencing. Larson stated the ordinance requires Wave to take on all the responsibilities of Broadstripe. Mr. Lemons can review the franchise agreement to see what his rights are. Whatcom County Council, 11/22/2011, Page 2 55 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's legal counsel can talk to Mr. Lemons about the County's obligation under the franchise. Kershner asked what would happen if the Council didn't approve this ordinance. Crawford stated the Council is simply fulfilling the agreement. Mann stated the franchise agreement is non-exclusive, so anyone can compete with the company. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.12, COUNCIL DISTRICT BOUNDARIES (AB2011-035A) (7:41:33 PM) Crawford stated rules dictate that the Council have the hearing, and then vote on the hearing at a meeting subsequent to the public hearing meeting. He opened the public hearing, and the following person spoke: Tjalling Ypma, Whatcom County Districting Committee Districting Master, stated he thanks the Council and County staff for their help in the process. He explained the process the committee followed. Hearing no one else, Crawford closed the public hearing. Crawford stated this item will be held in Council for a vote in two weeks. 3. ORDINANCE LIMITING THE 2012 GENERAL FUND PROPERTY TAX LEVY (AB2011-361) (7:46:23 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Weimer moved to adopt the ordinance. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY AND STATE PURPOSES IN WHATCOM COUNTY FOR THE YEAR OF 2012 (AB2011-362) (7:47:27 PM) Crawford opened the public hearing, and the following person spoke: Ronna Loerch stated the following five ordinances seem to be increasing taxes. She asked if the Council is planning to raise property taxes. She asked where the County gets its taxes other than property taxes. Be fair about what they're taxing. Government needs to be funded, and citizens must pay their fair share. Make sure the taxes are fair. Whatcom County Council, 11/22/2011, Page 3 56 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Hearing no one else, Crawford closed the public hearing. The ordinances levying the taxes are usually unremarkable. Generally, the Council looks at each item through the budget process. He explained the biennial budget process. Mann moved to adopt the ordinance. Kershner stated the taxes are collected fairly and distributed into 68 funds to provide County services. She thanked Ms. Loerch for asking the question. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) S. ORDINANCE AUTHORIZING THE LEVY OF TAXES FOR COUNTY CONSERVATION FUTURES PURPOSES FOR 2012 (AB2011-363) (7:51:25 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Mann moved to adopt the ordinance. Kershner asked the balance in the conservation futures fund. Dewey Desler, Deputy Administrator, stated the balance will be about $2.2 million at the end of the year. The County collects about $1 million per year. The same amount of taxes collected last year will be collected this year. The Executive has proposed that amount for the last 16 years. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. ORDINANCE AUTHORIZING THE LEVY OF 2012 PROPERTY TAXES FOR COUNTY ROAD PURPOSES (AB2011-364) (7:53:48 PM) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to adopt the ordinance. She doesn't have any problem with traffic law enforcement in the unincorporated, but she would like to know the details of that amount. Dewey Desler, Deputy Administrator, described the history of using road funds for traffic enforcement on County roads. Brenner stated she would like to know how the County came up with the amount of the service years ago. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 11/22/2011, Page 4 57 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 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. 7. RESOLUTION AUTHORIZING THE LEVY OF TAXES FOR WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT FOR 2012 (AB2011-365) (7:56:27 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford opened the public hearing and, hearing no one, closed the public hearing. Knutzen moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 8. RESOLUTION ADOPTING THE 2012 BUDGET FOR THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND SUBZONES (AB2011-366) (7:57:50 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Crawford opened the public hearing and, hearing no one, closed the public hearing. Brenner moved to approve the resolution. She asked if the Flood Control Zone District Advisory Committee unanimously voted to support the resolution. Knutzen stated the vote was not unanimous. There was some disagreement on which projects were cut. It was a pretty strong recommendation from the committee. The biggest disagreement had to do with how much they could divide one staff person. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) CONSENT AGENDA (8:01:20 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through eight. Item eight includes the fuel, not just a card lock system. Crawford stated the amount in item three is just the bid amount, not the actual budgeted amount, which will be about $500,000. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 11/22/2011, Page 5 01 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND VISITING NURSE HOME CARE TO PROVIDE NURSING SERVICES AT THE WHATCOM COUNTY JAIL AND WORK CENTER, IN THE AMOUNT OF $783,290 (AB2011-372) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DR. STUART ANDREWS, M.D. TO PROVIDE PHYSICIAN SERVICES AT THE WHATCOM COUNTY JAIL AND WORK CENTER, IN THE AMOUNT OF $65,610 (AB2011-373) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MAO WESTWOOD PHARMACY TO PROVIDE PHARMACEUTICAL SERVICES AT THE WHATCOM COUNTY JAIL AND WORK CENTER, IN THE AMOUNT OF $137,622 (AB2011-374) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES RECOVERY CENTER TO PROVIDE FOR CONTINUANCE OF SUBSTANCE ABUSE EVALUATION SERVICES TO YOUTH REFERRED TO AND SENTENCED UNDER THE CHEMICAL DEPENDENCY DISPOSITION ALTERNATIVE IN JUVENILE COURT, IN THE AMOUNT OF $30,000, FOR A TOTAL AMENDED AMOUNT OF $60,000 (AB2011-375) 5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A MAINTENANCE AGREEMENT BETWEEN WHATCOM COUNTY AND IDENTIX BIOMETRIC SOLUTIONS FOR THE MAINTENANCE OF ELECTRONIC FINGERPRINT MACHINES, IN THE AMOUNT OF $24,015 (AB2011-376) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTH SOUND MENTAL HEALTH ADMINISTRATION FOR CRISIS RESPITE BEDS AND STAFF AT THE TRIAGE CENTER AND TO CONTINUE FUNDING FOR MENTAL HEALTH SERVICES AT THE RAINBOW CENTER, IN THE AMOUNT OF $411,156, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $697,156 (AB2011-377) 7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE DEPARTMENT OF ECOLOGY TO PROVIDE A WASHINGTON CONSERVATION CORPS CREW TO DO PROJECTS THAT ADVANCE SALMON RECOVERY, WATER QUALITY, AND SHELLFISH PROTECTION PRIORITIES, IN THE AMOUNT OF $30,000 (AB2011-379) 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND REISNER DISTRIBUTOR, INC. TO EXTEND THE TERM OF SERVICES FOR THE PURPOSE OF PROVIDING FUEL THROUGH A CARD LOCK FUELING SYSTEM FOR FLEET VEHICLES, IN THE AMOUNT OF APPROXIMATELY $400,000, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF APPROXIMATELY $1,200,000 (AB2011-381) Whatcom County Council, 11/22/2011, Page 6 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. OTHER ITEMS 1. ORDINANCE ESTABLISHING THE LUMMI NATION FERRY LEASE FUND (AB2011-358) (8:04:45 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt. Brenner stated she is against the ordinance. She doesn't support the lease. The public right-of-way already exists. She likes the idea of working with the Lummi Nation on projects, but it isn't right to lock up that amount of money. The road fund revenue is declining. Larson stated he doesn't support the lease, but does support this ordinance because it creates transparency. He asked if the money will collect interest in the new fund. Dewey Desler, Deputy Administrator, stated the County will continue to collect interest. This new fund allows transparency and provides additional tools to the Public Works Department as it implements the elements of the lease. Larson asked if there are any accounts that aren't collecting interest. Desler stated all County funds are invested with a lot of review and for the benefit of safe interest generating instruments. Some funds require the interest to go toward certain functions. Most of the money is invested for the benefit of the general fund. There are no requirements for the interest from this fund. Brenner stated this isn't an issue of transparency, but whether the County should legally have this lease in place the way it is. She doesn't believe it's legal, so she can't support the fund. The motion carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 2. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, SECOND REQUEST, IN THE AMOUNT OF $10,196,813 (AB2011-360) (8:08:40 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Brenner moved to amend to remove item 37, the Hovander River Walk item in the amount of $175,000. It would be great to have the project, but it isn't an essential need in this economy. The money in the fund can be used for essential capital facilities, such as stormwater facilities. The County won't have enough money to pay for all the stormwater facilities it must have. Revenues will continue to decline. If the economy rebounds, she would like to do this project, but the County can't afford it right now. The motion to amend failed by the following vote: Whatcom County Council, 11/22/2011, Page 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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: Brenner and Knutzen (2) Nays: Larson, Crawford, Weimer, Mann and Kershner (5) The motion to adopt the ordinance carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND REICHHARDT & EBE ENGINEERING, INC. FOR COTTONWOOD NEIGHBORHOOD DRAINAGE IMPROVEMENTS DESIGN ASSISTANCE, IN THE AMOUNT OF $78,019.52 (AB2011-378) (8:11:53 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved approval. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND BIRCH BAY WATER AND SEWER DISTRICT FOR BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT PROGRAM IMPLEMENTATION (AB2011-380) (8:12:41 PM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved approval. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF STEPHEN LOCKWOOD TO THE WHATCOM COUNTY VETERAN'S ADVISORY BOARD (AB2011-383) (8:13:41 PM) Kershner moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Whatcom County Council, 11/22/2011, Page 8 61 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF FREDERICK MUENSCHER TO THE BICYCLE/PEDESTRIAN ADVISORY COMMITTEE (AB2011-384) (8:14:13 PM) Knutzen moved to confirm the appointment. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (8:14:56 PM) Crawford stated items five through 11 were withdrawn from the agenda. The City of Bellingham is considering possible changes. It shouldn't impact the County's settlement agreement for the urban residential, mixed use (UR-MX) zone. Mann moved to introduce items one through four and item 12. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $194,803 (AB2011-385) 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, TWELFTH REQUEST, IN THE AMOUNT OF $2,026,569 (AB2011-386) 3. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, THIRD REQUEST, IN THE AMOUNT OF $131,894 (AB2011-387) 4. ORDINANCE FOR 2012 PROJECT BUDGET REQUEST #1, LIGHTHOUSE MARINE PARK DOCK REPLACEMENT PROJECT, IN THE AMOUNT OF $240,000 (AB2011-388) S. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE BELLINGHAM URBAN GROWTH AREA (AB2011- 340A) 6. INTERLOCAL AGREEMENT BETWEEN THE CITY OF BLAINE AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE BLAINE URBAN GROWTH AREA (AB2011-340B) 7. INTERLOCAL AGREEMENT BETWEEN THE CITY OF EVERSON AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE EVERSON URBAN GROWTH AREA (AB2011-340C) Whatcom County Council, 11/22/2011, Page 9 62 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 8. INTERLOCAL AGREEMENT BETWEEN THE CITY OF FERNDALE AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE FERNDALE URBAN GROWTH AREA (AB2011-340D) 9. INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNDEN AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE LYNDEN URBAN GROWTH AREA (AB2011-340E) 10. INTERLOCAL AGREEMENT BETWEEN THE CITY OF NOOKSACK AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE NOOKSACK URBAN GROWTH AREA (AB2011- 340F) 11. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SUMAS AND WHATCOM COUNTY CONCERNING PLANNING, ANNEXATION AND DEVELOPMENT WITHIN THE SUMAS URBAN GROWTH AREA (AB2011-340G) 12. ORDINANCE AMENDING WHATCOM COUNTY CODE 9.32, UNLAWFUL DISCHARGE OF FIREARMS, TO ESTABLISH A NO -SHOOTING ZONE IN THE GLENHAVEN LAKES AREA OF WHATCOM COUNTY (AB2011-275A) OTHER BUSINESS (8:16:28 PM) There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:16:31 PM) Brenner reported on the Mt. Baker High School Veterans Day Service. Kershner reported that she commends the Public Works Department for sending out a newsletter to citizens in flood -prone areas with information about how to handle emergencies. Also, she attended the Washington State Association of Counties (WSAC) Convention. The budget crisis at the state is going to trickle down to local communities. They must all keep an eye on the ball. Crawford reported on Transportation Improvement Board (TIB)-approved road improvements to the Bakerview Road and Interstate 5 intersection. There is an upcoming Economic Development Investment (EDI) request for the County's portion of the project. He supports the project because they've received the TIB grant. ADJOURN The meeting adjourned at 8:20 p.m. The Council approved these minutes on , 2011. ATTEST: WHATCOM COUNTY COUNCIL Whatcom County Council, 11/22/2011, Page 10 63 1 2 3 4 5 6 7 8 9 10 11 12 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Whatcom County Council, 11/22/2011, Page 11 •A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council December 6, 2011 CALL TO ORDER Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL Present: Barbara Brenner, Sam Crawford, Mann, Tony Larson and Carl Weimer Absent: None FLAG SALUTE ANNOUNCEMENTS (7:02:47 PM) Kathy Kershner, Bill Knutzen, Ken Crawford recognized and thanked Councilmember Larson for serving on the County Council and campaigning for the position two years in a row. He read from and presented a certificate of appreciation. SPECIAL PRESENTATION 1. PRESENTATION BY PETER DWORKIN AND LISA MCSHANE REGARDING JAIL PLANNING TASK FORCE RECOMMENDATIONS (AB2011-078C) (7:03:41 PM) Crawford introduced the speakers. Peter Dworkin, Jail Planning Task Force Co -Chair, referenced the Jail Planning Task Force Recommendations to the County Council, dated December 6, 2011 (on file) and described the three main points: retain a professional jail planner; continue the Task Force, and; Reestablish the Law and Justice Council. Lisa McShane, Jail Planning Task Force Co -Chair, stated it's important to hire a jail planner quickly. She thanked members of the public who come to their Task Force meetings. MINUTES CONSENT (7:08:56 PM) Mann moved to approve the Minutes Consent items. Whatcom County Council, 12/6/2011, Page 1 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 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 motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. SPECIAL COMMITTEE OF THE WHOLE FOR NOVEMBER 9, 2011 2. COMMITTEE OF THE WHOLE FOR NOVEMBER 9, 2011 3. REGULAR COUNTY COUNCIL FOR NOVEMBER 9, 2011 4. COMMITTEE OF THE WHOLE FOR NOVEMBER 22, 2011 OPEN SESSION (7:09:25 PM) The following people spoke: • Mike McKenzie spoke about the ferry and Lummi Island Task Force recommendations. • Stewart Rich submitted a handout (on file) and spoke about the Lummi Island Task Force recommendations (handout). • Clayton Petree submitted a handout (on file) and spoke about housing affordability. • Kay Sardo submitted a handout (on file) and spoke about the loss of social services and jail costs. • Don Hansey spoke about serving on the County Council for its first 13 years and thanked Tony Larsen. • Irene Morgan, Whatcom County Reentry Coalition Founder, spoke about the Jail Planning Task Force and alternatives to jail. • Joy Guilfillen, Whatcom County Reentry Coalition President, spoke about restorative justice. • Ronna Loerch spoke about the Occupy Movement and using a consensus process for decision -making. • Dick Whitmore spoke about the Lake Whatcom watershed reconveyance. • Tom Westergreen spoke about the Lake Whatcom watershed reconveyance. • Diane Kanda, Right Size Jail Coalition Member, spoke about the Jail Task Force Recommendations. • Eric Copine spoke about the Occupy Bellingham movement, mental health facilities in the jail system, and commuter rail service from Bellingham to Seattle. • James Bachman spoke about jail alternatives to help those in need. • (Clerk's Note: The speaker following James Bachman requested that his/her testimony not be included in the minutes. The speaker's testimony is available on the meeting's audio recording.) • Steve Howie spoke about creating a public, education, and government (PEG) station with Comcast. • Shane Roth, spoke about Consent Agenda item 4, AB2011-400, regarding the contract with ReSources. • Katie Fleming, ReSources Youth Education Manager, spoke about Consent Agenda item 4, AB2011-400, regarding the contract with ReSources. • Greg Brown spoke about the Jail Planning Task Force. Whatcom County Council, 12/6/2011, Page 2 66 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. Mike Gleason spoke about E-Verify and the Economic Development Investment (EDI) programs. Larry Helm spoke about the Jail Planning Task Force. Christina Maginnis spoke about Consent Agenda item 32 regarding EDI funding. PUBLIC HEARINGS 1. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 552 ACRES IN THE SMITH ROAD/GUIDE MERIDIAN AREA (CAITAC USA) FROM R10A TO RSA (AB2011-345) (8:02:26 PM) Crawford opened the public hearing, and the following people spoke: Michelle Luke submitted and read from a handout (on file) and described the Planning Commission process for it's review of the Caitac rezone applications and limited area of more intense rural development (LAMIRD). The Planning voted to recommend approval. Most believed that the best use of the property is urban development. Becky Taylor stated she supports the ordinance. The Association of Realtors support the proposal. Caitac is a natural extension of Cordata. It has existing infrastructure. Caitac is not suitable for agricultural protection. Perry Eskridge submitted and read from a handout (on file) and stated the Association of Realtors supports the ordinance. It is not agricultural land. It is a property rights issue. The City of Bellingham has opposed the project, but it won't update their plan until 2016. The area has water and sewer nearby from the City. Ronna Loerch stated she is against the ordinance. The property is rural. Leave the perennial grass. It is good for the environment. They are acquiescing to a developer. Caitac owns a lot of property and is a sizeable corporation. This speaks to the issue of greed. Thelma Follett submitted a handout (on file) and stated she is against the ordinance. It sets an unhealthy and dangerous precedent to upzone. There is no need for increased rural development. According to the Cascadia Weekly, the plan will result in sprawling Bellingham to double its size. According to a blogger, Caitac has not fulfilled its promises that include affordable housing, youth sports, schools, farmland conservation, and salmon recovery. Don't rely on the testimony of Caitac. She continued to quote from the Cascadia Weekly's coverage of the issue. Carol Follett stated she is against the ordinance. Once they cover fertile ground, they can't go restore it. They must wait to make these decisions more carefully. They don't need this land now. Instead, redevelop existing places. Protect the farmland. Patrick Alesse stated he is against the ordinance. Other people's service dollars must support people who want their property rights protected. Leave development in the city. Whatcom County Council, 12/6/2011, Page 3 67 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Kane Hall stated he's concerned the Caitac development will adversely affect downtown and development in the city. The zoning amendment is not consistent with the Growth Management Act (GMA). They must protect a strong urban core and sustainable agriculture. Develop within the urban growth area (UGA). Brian Evans submitted and read from a handout (on file) and stated he is the Executive Officer of the Building Industry Association of Whatcom County, which supports the ordinances. The rezones make the zone similar to surrounding properties. It will benefit the building community. The cluster housing concept impacts less area. This project embodies green building and low impact building. He is a member of the Meridian School District School Board, which supports doing business with Caitac and supports the increased taxes. He lives in the neighborhood, and supports the ordinance as a citizen. Dan McShane described the history of this area. Feeling sorry for Caitac because it was left out of the urban growth area is not the issue. The decision is changing the rural zoning of this rural area. He referenced Comprehensive Plan policy 2GG-4. If the Council approves this ordinance, it will violate this policy. They want rural character to be defined by existing rural character that is there. Therefore, they ought no change the rural character in a pocket surrounded by rural areas. The clustered lots proposed are 12,500 square feet. If including the roads, that's not near the density the Council established for urban density for the city of Bellingham. David Christensen stated he supports the ordinance in order to be consistent with surrounding properties. The people are already coming to the area for recreation. It would create jobs in a way consistent with the way it's already used. It is consistent with existing uses and planning principles. Chet Dow stated he supports the ordinance. Failing to approve the ordinance will perpetuate sprawl and leapfrogging out into the county. There is a lot of land in one place to build housing efficiently to provide modestly priced housing. Bonnie Barker stated she is against the ordinance due to traffic concerns. Bob Carmichael submitted a handout (on file) and stated this project is different from the project proposed in 2006. One objective is to preserve the rural character of the property. Another objective is to preserve the potential of the property for future urban growth. This will preserve the rural character and potential for future urban growth per the development agreement. He described the conditions of the development agreement. Adopt the ordinance. Jean Melious stated she is against the ordinance. The development is in a rural area. It doesn't make sense to say they are going to decrease rural development by increasing rural development. They don't need more rural population. They can already accommodate the future rural population. Nathan Vickers stated he supports the ordinance. Caitac has been a good employer for him and other long-term employees. Caitac supports the local community. Caitac wants to help the City and County residents with unemployment. Whatcom County Council, 12/6/2011, Page 4 68 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. Jack Petree stated he supports the ordinance. The golf course is surrounded by nothing. There are miles of development beyond Bellingham. Caitac will help funnel development closer to Bellingham. Hearing no one else, Crawford closed the public hearing. Knutzen moved to adopt the ordinance. Brenner stated the rural, one unit per five acres (R5A) zone is a rural zone, despite what Futurewise said it was in a previous document. Her support of this item doesn't mean she supports the next item. Kershner stated she has considered all the information and listened to the public testimony. She rejects any article placed in the Cascadia Weekly or anybody's blog as being factually based. She finds that the conclusions of the Hearing Examiner are true, accurate, and have merit. Larson stated it's not a fact that he or any other councilmember feels sorry for Caitac or any developer. These decisions don't have to do with who the applicant is. They look at a lot of information. What matters is whether or not it makes sense. They don't always seem to look at the big picture. This is transition zoning from rural, one unit per ten acres (R10A) to R5A, consistent with the areas around it. He supports the ordinance. Mann stated that in the big picture, this is a good place to put people. He is against the ordinance. It will damage the existing housing market in the City of Bellingham. They have a housing glut right now. If this is supposed to be affordable housing, it will be the first affordable golf course community in the history of America. He doesn't believe the assertion that this will be an affordable housing project. His vote on this doesn't reflect his vote on the next item. Weimer stated he consistently supported the original Caitac proposal. It was a well - thought out and environmentally friendly proposal. It was everything they want for urban planning in a green field. The problem was they just didn't need it yet due to the existing urban growth areas in the City of Bellingham. They still don't need it. He agrees that this won't be developed as affordable housing. They hear how the City of Bellingham is not doing enough infill. Building 100 houses outside the City of Bellingham won't help that problem. People aren't building in the City because they have thousands of lots in rural areas that shouldn't be there. Those lots have no impact fees, urban services, or good building standards, so they're cheaper. As long as they continue to build lots in rural areas, the cities will continue to have problems developing. He is against the ordinance. Brenner stated their charge isn't to just do what someone subjectively decides is needed. Their charge is to provide predictability. The area has R5A zones all around it. It is rural, and they're keeping it rural. The developer is going to put all the lots close together and have a big open area that will never be developed. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann and Weimer (2) Whatcom County Council, 12/6/2011, Page 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 2. ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP AND APPROVAL OF A DEVELOPMENT AGREEMENT FOR APPROXIMATELY 9 ACRES IN THE SMITH ROAD/GUIDE MERIDIAN AREA (CAITAC USA) FROM R10A TO TOURIST COMMERCIAL (TC), AND AMENDING THE COMPREHENSIVE PLAN LAND USE DESIGNATION FROM RURAL TO RURAL TOURISM (AB2011-346) (8:54:19 PM) Crawford opened the public hearing, and the following people spoke: Terry Sirmans, Holiday Inn Express General Manager, stated Caitac is good to work for and employs 35 people at the Holiday Inn Express. Eighty percent of them have been there five years or longer. Their occupancy rate is about 88% and bring tax revenue to the City. Another hotel would do the same for the county. The company takes good care of its business and their people. They do a lot of donations to community organizations. Robert Anderson, Holiday Inn Express Front Desk Manager, stated Caitac is a good company to work for. He's been with the company for eight years. He has been able to grow in the organization. Building another hotel would give young adults an opportunity to grow in the hotel and hospitality business. Crawford stated that Carol Follet applies her testimony from the previous hearing to this hearing. Brian Evans stated there is an economic benefit to the county from the hotel and commercial development. The Smith Road and Guide Meridian are highly -traveled routes in the county. It would be an amenity for the existing golf course. He supports the rezone. Wendy Harris stated she is opposed to the ordinance. She is concerned about water supply. The County has not addressed this issue, even though it is usually addressed during the building permit phase. The Department of Ecology (DOE) raised concerns about water rights during the State Environmental Policy Act (SEPA) process that haven't been adequately addressed. DOE commented that the source of the water is unclear due to a lack of an existing water right to serve the increased development, and that it is not likely to issue permits for an exempt well. There's no assurance that enough water will be available to support the anticipated population growth resulting from this proposal. Patrick Alesse stated he is opposed to the ordinance. He is concerned about the availability of water, sewer, and fire services. There are no impact fees to pay for those services. Bob Carmichael stated the proposal would compliment the existing golf course and restaurant already on this site. This project encompasses 1.6 percent of the entire property. The Department of Ecology referenced new consumptive rights, which isn't necessary. Water is available. The location is good for a hotel. They are experienced hotel operators in Bellingham. It will bring tourism and jobs to the county. The County Comprehensive Plan emphasizes the need for good, clean rural tourist industries, which is what Caitac is trying to do. It won't change the character of the area. Paul Schissler stated he is not for or against the request. When they change the zone, they change the value of the land. The previous decision added over 50 development Whatcom County Council, 12/6/2011, Page 6 70 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 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. rights to the property. Each development right equals approximately $50,000. Such a decision has a bearing on predicting farmland value and buying development rights off the farmland when there is no transfer of development rights system. Hearing no one else, Crawford closed the public hearing. Kershner moved to adopt the substitute ordinance. Brenner stated she is against the ordinance. It's unnecessary to tell the Council the value of the development right. It's not about granting any right or value to someone. This isn't about who is making a proposal and who isn't. She can't support the ordinance. It feels too big and too close to Bellingham. It's not rural. Mann asked Planning staff about creating a limited area of more intense rural development (LAMIRD) here, and if that will create a problem with converting the area to an urban growth area (UGA) in the future. Tyler Schroeder, Planning and Development Services Department, stated the he's not aware of any language about expanding or locating UGA's in those areas. UGA's do go into rural areas. There is not a State law that requires a UGA expansion to look at the proximity to established LAMIRD's. Mann stated he supports the ordinance. It is a legitimate business investment and will create needed jobs. It's not a polluting industry. It doesn't have a downside to the community. It falls into the description of a type II LAMIRD for tourist commercial. There is already a golf course and infrastructure. Kershner stated she supported the original proposal from Caitac two years ago and all its amenities. Unfortunately, that wasn't supported. This project is a scaled -down version to start some kind of business out there. She supports the ordinance, but is disappointed that they let go of the wonderful opportunity provided by the original proposal. The motion carried by the following vote: Ayes: Larson, Crawford, Knutzen, Mann and Kershner (5) Nays: Brenner and Weimer (2) 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 9.32, UNLAWFUL DISCHARGE OF FIREARMS, TO ESTABLISH A NO -SHOOTING ZONE IN THE GLENHAVEN LAKES AREA OF WHATCOM COUNTY (AB2011-275A) (9:14:39 PM) Crawford opened the public hearing, and the following people spoke: Joe Rosinski stated he lives in the area, which is a quiet area. He is concerned about the use of firearms. A firearm was discharged two years ago, and he saw a bullet skipping across the water. Recently, he discovered a bullet hole in the side of his house. He is concerned about family safety. Hearing no one else, Crawford closed the public hearing. Whatcom County Council, 12/6/2011, Page 7 71 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Knutzen moved to adopt the ordinance. Brenner asked who owns a nearby large, undeveloped parcel to the southwest. Crawford stated the Department of Fish and Wildlife were concerned about protecting hunting areas, but he explained to them that the area has potential for development, which they understood. Dewey Desler, Former Deputy Administrator, stated that undeveloped large parcel is a location for a private school. Brenner asked if someone notified the property owners. Crawford stated they went through the public notice process that everyone sees. He's not aware that people received a mailed notice or a phone call. Brenner stated she is concerned about including the large parcel that is on the edge of the boundary and is not close to development. She asked if there is a legal problem with that. Knutzen stated he voted against this last time. He's changed his mind. It's unfortunate that a few people have to ruin it for everyone else. He is a responsible gun owner and hunter. Some people are doing some very irresponsible things, and regulations won't allow them to do anything about it. These kinds of incidents are unacceptable. Crawford stated no shooting zones don't stop people from shooting. It gives the Sheriff's Office another legal tool to deal with people who shoot. What Mr. Rosinksi described is already not legal. However, it's difficult when the deputy responds much later and doesn't get to witness the activity. If the deputy can ascertain that they are discharging a weapon in a no shooting zone, at least a citation can be issued. That was the situation in Kendall. The Sheriff's Office has been dealing with the problem person in this area. They need additional tools to get involved appropriately in the justice system. Larson stated asked how many citizens requested the restriction. Crawford stated two citizens requested it. Larson asked if the Sheriff's Office was called to the location. Desler stated there is a problem when people decide to shoot inside an urban area. This is a unique area of Whatcom County. It's highly urbanized with small lots. It's like a city neighborhood. People shouldn't walk around the neighborhood shooting a gun, which is what is happening. The Sheriff has said he can't do anything about it unless the Council creates a no shooting zone. The County has done that in other rural areas that have a highly urbanized area in them. It creates a fear and a dangerous situation that isn't necessary. Larson asked if there are many people shooting in the area. Desler stated one person shooting in this area is too many. Guns are consistently going off. It's disconcerting. The motion carried by the following vote: Whatcom County Council, 12/6/2011, Page 8 72 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Ayes: Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (6) Nays: Larson (1) 4. ORDINANCE AMENDING THE COMPREHENSIVE PLAN, URBAN GROWTH DESIGNATION AND COMPREHENSIVE PLAN AND ZONING MAP DESIGNATIONS FOR PROPERTY IN THE YEW STREET RESERVE UGA (AB2011-210) (9:32:11 PM) Dan McShane stated this entirely ignores County Code 2.160 that describes the process of amending the Comprehensive Plan during a settlement. Nothing is getting vetted appropriately, including the facts. It takes a piecemeal approach toward growth, which is a problem. The record includes the City of Bellingham 2008 annexation analysis of this area, which rejects the area because it is too expensive. Ultimately, the City has to provide the services for that area. The ordinance includes a statement that isn't supported regarding stormwater and water quality. He referenced a document called Forest Cover Impervious Surface Area and Mitigation of Stormwater Impacts by Booth, Hartley, and Jackson, which is the best available science and on which the stormwater manual is mostly based. Betsy Gross stated she speaks on behalf of People for Lake Padden. She asked the Council to postpone action until the County has sufficient land use information and scientific information to make a knowledgeable decision that protects the Lake Padden watershed and water quality. She described the work of the People for Lake Padden group. Wait until studies are done before making decisions about rezoning. Todd Donovan, Futurewise, stated the Yew Street Road proposal is bad policy. Certain points are inconsistent with State law. There is a tremendous cost to it. This proposal doesn't meet the goal of a higher density in the urban area. There isn't an urgency for this now. The rates of growth were based on robust assumptions about housing development in this area. The staff report reflects that. Good policy should involve robust collaboration between the City and County. The City of Bellingham is clear that it isn't interested in this area being in the urban growth area (UGA). There is no capital facilities plan. There is density of rural residential, two units per acre (RR2) in the proposal, which is designated to be an urban area, which the Growth Management Hearings Board won't approve. It will put the County on the line for further appeals it will probably lose. Wait to do this. Pat Gallery stated he supports the ordinance. The State mandated that each county meet projected growth. Based on information he's seen, they underestimated the amount of growth actually taking place in the county. The County Planning Commission studied this for some time, and recommended that this area be part of the UGA. Jack Petree submitted and read from a handout (on file) and stated he supports the ordinance. The Council must choose between rejecting sprawl and embracing "not in my backyard" attitudes. The Council must begin its job of reducing sprawl. Brad Swanson stated he represents area property owners. He asked the Council do adopt the ordinance. The substantial written record supports the ordinance. Reasons for adoption include the new school, fixing an error in the land capacity analysis, changed conditions since ordinance 2009-071, and resolving a petition from the Hearings Board. Don't be scared of the City's politics. This is a County decision. The Hearings Board said Whatcom County Council, 12/6/2011, Page 9 73 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. many times that the ultimate authority resides with the counties. The County may designate a UGA as it deems appropriate. The City wants to delay this indefinitely. Stormwater and future development will be dealt with by the most stringent regulations. The capital facilities exist and are planned for. The area is partially developed. The rezone mentioned earlier simply reverts back to previous zoning. The moment the City stopped providing services to the UGA, the density went to rural areas. The City's infill concept doesn't work, because the neighborhoods in the city won't accept new lots. The high rise urban village model isn't making progress. They must put this area back in the UGA. The City may not service the area until annexed, but the City won't consider the area for annexation if it's not in the UGA. Chris Moench stated he is a property owner in the area and is against the ordinance. He likes the area as it is. He's seen water quality and wildlife habitat degradation since 1989, particularly since the South Hills subdivision was built. The data is being collected about the Lake Padden water quality. Recently he's noticed significant algae blooms. Higher density will result in the degradation of Lake Padden. Best available science and development standards aren't working. Clayton Petree submitted and read from a handout (on file) and stated the capital facilities plan isn't missing. There are fires services by the South Whatcom Fire Authority and the City of Bellingham. At a past UGA settlement conference, the Mayor told the County that Bellingham would accept the restoration of the Yew Street area to settle the appeal. The Council has met the public participation plan. The fiscal study mentioned isn't an equal comparison. The City supports the density. Look at the Jones Engineers report showing the clean stream from the developed areas of this UGA versus the dirty stream from the dog park and golf course. Wendy Harris stated she is against the ordinance. It violates local, State, and federal procedure and substantive requirements. The County staff wasn't involved in writing the ordinance. There is no staff report from the planning professionals. There is a letter from the Planning Department against the proposal because it is procedurally flawed. Councilmembers are attempting to ignore staff decisions and professional advice. This will have impacts to water quality on the Lake Padden watershed. Consider the updated information about the Asian clam infestation. Lake Padden is an impaired body of water. This ordinance is inappropriate and disturbing. Mimi Brooks-Furlan stated she supports the ordinance. The street has been widened and improved. The new school was built with the understanding that the area would develop. They have a fire station and parks. The facilities are already there. It's close to downtown. Frank Muljat stated he owns property in the Yew Street Area and supports the ordinance. He understands the real estate market. There's no glut of homes. There's a shortage of homes. The median price is $208,000. That's affordable. People don't want to live in high rises. They want to live on one-third or one -quarter acre. If in the UGA, the area can create housing. Darcy Jones, Jones Engineers, stated County staff in 2004 was working to design infrastructure for the area. The City Comprehensive plan shows that infrastructure. There is a lot of public benefit to having the infrastructure outside the UGA. It serves the entire Whatcom County Council, 12/6/2011, Page 10 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. city. The area has sewer and water lines sized for urban density. Millions of dollars of public money was spent on infrastructure in the Yew Street UGA. There is an overlay to protect water quality. A PCB found in a trout was from the hatchery, not the lake quality. The outlet from the golf course is worse than the stream from the UGA. David Stalheim submitted a handout (on file) and stated he is against the ordinance. His stance is not related to his employment. Councilmembers must stop saying that it is. Recent court cases support the requirement for capital facilities. It will cost $15 million to finish the Yew Street Road improvements. None of the developments contributed to the road improvements. He questions who peer -reviewed the findings and census numbers from Mr. Petree. There is no source for data. It quotes population numbers that didn't exist. In the 2010 Census, the population numbers are off between 2008 and 2010 because the Office of Financial Management (OFM) underestimated the number of people per household. They don't create new demand or size urban growth areas based on those numbers. Jean Melious stated she is concerned that the Council doesn't give bloggers any credibility. Only Bellingham's UGA was used to calculate population density. They didn't look at the entire county. There is a grossly disproportionate capability for rural population allocation for more growth in rural areas. The County was fighting to have rural limited areas of more intense rural development (LAMIRDs) adjacent to the city of Bellingham. The County needs to stop saying it's the City's UGA's that aren't big enough. County planning advocates new growth in rural areas. There aren't any impact fees. Cal Leenstra stated he is in favor of the ordinance. It was in an urban service area before the UGA. It's been in the UGA since 1997. It's a perfect place to develop a community. It's no good for farming. It has City water and sewer. There are a hundred acres of parks in the area. His property is adjacent to a fully -developed community and elementary school. A fire department is nearby. A preliminary plat was approved, which can't be done without capital facilities. He was never discouraged from spending money in this area. He's cooperated with the City and County staff on the project. There is a demand for housing in the city. Let him get on with his work. Kane Hall stated he is against the ordinance. The time is passed to expand the UGA and have more development. Concentrate on high density infill. Promote development within the UGA. This amendment doesn't do that. A lot of money was spent on this area, but that doesn't make it the right decision for now. They must adhere to the Growth Management Act. He hopes that encourages development within the city. They must consider how they want their community to be. Efforts to develop downtown will be diluted by these actions. Constrict the land supply and create a community where they would like to live in the future. Hearing no one else, Crawford closed the public hearing. Kershner moved to adopt the ordinance. She apologized for her comments about the Cascadia Weekly. She meant that it is not part of the public record. This has been a very long process that goes back to an appeal process in 2010. This area is surrounded by the City of Bellingham on three sides, and was in the City's urban growth area (UGA) for years. The area is already half developed at urban levels. It has water, sewer, and a school. Settle the appeal by putting the area back into the UGA. There have been many Whatcom County Council, 12/6/2011, Page 11 75 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. public hearings to satisfy requirements allowing everyone to comment. Last year, the City of Bellingham asked the County Council to delay through 2011 so they could update their Comprehensive Plan. The County honored that request. However, the City in July indicated it would not update its Comprehensive Plan, which effectively left this area in the City's UGA. If the City wanted to make a statement to the County, it would have removed this area from its Comprehensive Plan. Adopting the ordinance will make all comprehensive plans back into the Growth Management Act (GMA). They are correcting a population error that was made in the land capacity analysis. This will set the record straight. Larson stated growth was a big issue when he decided to campaign for County Council. At the time, he supported including the area in the UGA. Development is sprawling into rural areas. They can't force people to live a certain place. Families make their decisions based on economic choices. There has to be a balance. The area has a school, fire department, water, and sewer. There are environmental impacts to sending kids from out of the area to the school. The improvements seem to make sense. He tried to find out why people think it doesn't make sense. They need to make smart choices, not just stop all development because they don't like it. He met with three Bellingham City Council Members, who said they don't have a problem with the area being in the UGA. It's clear that politics are going on. The community needs affordable housing. They don't get it by subsidizing it or constricting the land supply. At some point they need to decide if they want people to sprawl into the county or provide smart opportunities for people to live here. They can't keep saying no to development without a plan that makes sense. This makes sense. Mann stated they end up doing a lot of planning by litigation. The official statement from the City of Bellingham is that it doesn't want the area. He is hoping this would wait until the new administration takes office after the first of the year. If the City doesn't want it, and if the City threatens to sue the County, he doesn't want to force the UGA on the City. Wait until the new City and County administrations take office, and see if they can find common ground. He can't support the ordinance right now. Brenner stated the City doesn't want the area as a UGA. People hate both sprawl and infill in their backyard. The County has never forced a UGA on any City. Those are the jurisdictions that will provide services. They must work collaboratively. It sets a bad precedent to put a UGA on a City that it doesn't want it. Weimer stated he agrees with Councilmember Brenner. The City is saying it doesn't want the UGA. The Council is setting the County up for spending County taxpayer money on lawyers fighting with each other. The City, County, and Department of Ecology are working on water quality studies that may help answer concerns about stormwater in Lake Whatcom. There's no need to hurry and move forward. Wait until the City decides it's ready. He is against the ordinance. Knutzen stated he's torn on the issue, but he will support the ordinance. The County was told a number of things by the City that turned out to not be true. The County has been asking these people to wait and wait. The area is surrounded by the City and almost developed to City standards. It's the right thing to do. Mann moved to postpone consideration until the second meeting in February. Possibly the new Executive and Mayor will be able to work together. Whatcom County Council, 12/6/2011, Page 12 76 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 it was a mistake to put it in reserve status. This area had more than a decade to develop as an urban growth area. It was done in a coordinated and logical manner with all the applicable standards that the Growth Management Act suggests. Padden Hills developed in the area. The school district put in a new school due to the City's plans that the area would grow as a UGA. The Yew Street Road is planned for and has had substantial improvements, based on this being a UGA. The water system was a huge design effort that the City encouraged. It was all part of a coordinated plan that was supposed to work under Growth Management. Lake Padden has not been identified as an impaired water body, other than for polychlorinated biphenyl (PCB's). The People for Lake Padden website implies a massive pollution problem and suggests that the County is involved in that effort. He is not aware the County is doing any studies on Lake Padden. It is not a drinking water source, and must be considered different from Lake Whatcom. Mayor Pike committed the City government to address this issue in the 2011 City Comprehensive Plan update. Then the City pushed it back to 2016. That is a broken promise. He talked to County attorneys about the capital facilities plan. The City had to have a capital facilities plan when the area was a UGA before. He doesn't understand why the City is saying now that it doesn't have a capital facilities plan. He also talked to City Council Members. It seems the current majority is prepare to litigate in front of the Hearings Board on this issue. The City has tied the County up in a procedural knot. It is unfair and is poor planning practice that undermines the intent of the Growth Management Act. It is incumbent upon the City to address concerns soon, not in 2016. It's a matter of common sense and fairness. The City's long-term planning effort was derailed by creating the reserve designation. The capital facilities plan update and adoption, and a willingness to participate in a population projection analysis that is robust and meaningful should be the highest priority for both the County and the City. He is committed to make this one of their highest priority items on the 2012 docket. The City and County Planning staff should go through a thorough review process to address the City's concerns. The County will do what it can to help the City. He reluctantly supports the motion to postpone consideration. They need a collaborative approach. There is no gain to adoption tonight, knowing it will go into litigation. Instead, work in a collaborative process to get through the issues in the next year. He reluctantly can't support adoption, knowing that is coming from the City. Kershner stated they have a current, valid, legal appeal right now that this ordinance is designed to settle. Postponing the decision won't get the County out of it. Crawford stated that if they continue to litigate in front of the Hearings Board, and the County loses, he will approve that decision. That's not where they're at tonight. Knutzen stated he is against the motion to postpone consideration. Deal with it now. They've waited long enough. The County and City gave these people expectations on how this would be handled. The City has been under the impression that it is in charge of growth prohibition instead of growth management. The City is supposed to infill, but it isn't. This area is a perfect example of where the City should grow. Whatcom County Council, 12/6/2011, Page 13 77 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner stated they can have a professional respect even though the jurisdictions don't agree. The City is in charge of what happens inside the city. They must work with the other jurisdictions, not force it. If it becomes an urban growth area, the County will have to provide more services. They have to think of all the taxpayers, not just the owners in that area. It will cost the County if the area is a UGA and the City doesn't annex it. Mann stated his vote to postpone doesn't indicate that he supports the City's planning decisions. He has serious complaints about their decisions. This isn't about sticking it to Bellingham or proving a point. It's about working together in the future. The motion to postpone to February 28, 2012 carried by the following vote: Ayes: Crawford, Brenner, Weimer and Mann (4) Nays: Larson, Knutzen and Kershner (3) (Clerk's Note: The Council took a break at 10:49 p.m.) CONSENT AGENDA (10:56:27 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through three, five through 31, and 33. Knutzen withdrew item nine. Kershner stated three items on the Consent Agenda deal with funding from the general fund: the Commission Against Domestic Violence, the Food Bank, and the Humane Society. Last year she voted against all three because the County was spending the general fund into a deficit. This year, the Finance Department and the County Administration has managed the finances successfully. They have increased the reserves. This year, she is happy about and comfortable with voting for these items. She supports the local food bank, ensuring animals in Whatcom County are treated humanely, and preventing domestic violence. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MICHAEL BOBBINK LAND USE SERVICES, INC. TO PROVIDE HEARING EXAMINER SERVICES, IN THE AMOUNT OF $82,589.40 (AB2011-371) 2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL COOPERATIVE AGREEMENT BETWEEN WHATCOM COUNTY AND SKAGIT COUNTY FOR THE PURPOSE OF PROVIDING EACH OTHER WITH LABOR, EQUIPMENT OR MATERIALS ON A REIMBURSABLE BASIS FOR ROAD MAINTENANCE ACTIVITIES FROM JANUARY 1, 2012 THROUGH DECEMBER 31, 2015 (AB2011-398) Whatcom County Council, 12/6/2011, Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. 3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR THE PURPOSE OF PROVIDING FOR THE JOINT USAGE OF THE VACTOR WASTE SITE FACILITY FROM JANUARY 1, 2012, THROUGH DECEMBER 31, 2012 (AB2011-399) 4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND RE SOURCES TO PROVIDE EDUCATIONAL SERVICES TO PROMOTE WASTE PREVENTION, RECYCLING EFFORTS, AND PROPER HOUSEHOLD HAZARDOUS WASTE MANAGEMENT, IN THE AMOUNT OF $25,000 (AB2011-400) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. Crawford stated he is against the request. He is concerned about the way ReSources has inserted itself into the public dialog on some very challenging issues, in terms of the information it puts out to the community, particularly on the Cherry Point proposal. The Council hasn't had the benefit of doing any analysis. They've riled people up. He's concerned that some of that message gets put into the schools. He's not sure an organization who so vocally advocates a political position should be doing these kinds of educational programs in the schools. He would say that for any organization, regardless of their political leanings. Also, ReSources has decided to address issues in the community by means of litigation and in an adversarial way. They will initiate civil lawsuits where the Department of Ecology has already issues fines in pollution violations. It's time to wean them from providing County services because there is so much going on and so they can stand alone and become the political advocacy group they want to be. This is an opportunity to send that message. Brenner stated she is concerned about organizations that the County contracts with becoming very political. The County should work on a policy about what it expects and doesn't expect from contractors. ReSources was the only group that responded to this request for proposals (RFP). It's an important program. ReSources's biggest platform has been to reduce, reuse, and recycle. She's not comfortable about some of the areas they're heading into. However, the Council must first have a policy before denying someone for that reason. She wants the program in the schools this year. Larson stated that Whatcom County government's role doesn't include educating the kids about anything. Education should be done through the school's curriculum. There are many other kinds of projects in the budget. Kershner stated she originally voted against this today in Committee, based on Councilmember Crawford's comments. She received a phone call from a teacher who benefits from this program. She was very complimentary of the staff who testified tonight. She would like more information on exactly what is happening. It's good to educate kids to reduce, reuse, and recycle. It's not good to indoctrinate children on various political agendas. She's not ready to say this contract does that. She's willing to postpone her vote, or else she will vote in favor tonight. Whatcom County Council, 12/6/2011, Page 15 79 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Mann stated he supports the request. ReSources has been doing this program long before the coal issues came up. He deliberately has no opinion on any coal project anywhere in Whatcom County. This is a good education program that has been going on for a long time. ReSources is the only respondent to the RFP. The program is in the Solid Waste Comprehensive Plan. If they want to punish ReSources for being politically active, they are really punishing the kids in this case. They are not punishing ReSources. He agrees it would be better to not contract with folks who have political agendas. He doesn't want to indoctrinate the kids on something he might not agree with. It's reasonable to assume that they've been able to do the education program without talking about the political issue of coal. He would support having a better policy to decide how political a contractor can be. Knutzen stated he is against the request. He doesn't know how much of an effort the County made when putting out the RFP. He would like to see more entities apply. The question is where they draw the line. They are paying Washington State University (WSU) Cooperative Extension to teach kids what to eat. Now they're paying ReSources on how to dispose of what they eat. There may be some duplication. Maybe Cooperative Extension would be willing to bid on the project. If no one else is really willing to do the project, he may be more willing to support it. Now, he will vote against it. Weimer stated this program has been going on for 20 years. It's part of the Solid Waste Management Plan. The Department of Ecology requires the County to do some sort of waste reduction and recycling outreach. If this doesn't pass, they will have to come up with something else. The Solid Waste Advisory Committee and Solid Waste Executive Committee both reviewed this. There wasn't any negative concerns about this contract moving forward. Even the Sheriff has talked about bringing in Paul Akers and using his lean program. That's exactly what the school education program is. He supports the request. The motion carried by the following vote: Ayes: Brenner, Weimer, Mann and Kershner (4) Nays: Crawford, Knutzen and Larson (3) S. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND DOMESTIC VIOLENCE & SEXUAL ASSAULT SERVICES FOR FUNDING TO SUPPORT AND REPRESENT THE COMMISSION AGAINST DOMESTIC VIOLENCE IN THE AMOUNT OF $35,000 (AB2011-401) 6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM VOLUNTEER CENTER FOR THE PROVISION OF VOLUNTEER SERVICES, IN THE AMOUNT OF $30,000 (AB2011-402) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A SERVICE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE SOCIETY FOR ANIMAL CONTROL AND SHELTER SERVICES IN AN AMOUNT NOT TO EXCEED $403,178.01 (AB2011-403) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND THE WHATCOM HUMANE Whatcom County Council, 12/6/2011, Page 16 80 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. SOCIETY FOR THE RIGHT OF OCCUPANCY AT 1661 BAKER CREEK PLACE, BELLINGHAM, FOR ANIMAL CONTROL AND SHELTER SERVICES IN AN ANNUAL AMOUNT OF $10.00 (AB2011-404) 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND SUSTAINABLE CONNECTIONS TO PROVIDE FUNDING FOR ADVERTISING AND PROMOTION OF AGRITOURISM IN WHATCOM COUNTY, IN THE AMOUNT OF $31,200 (AB2011-405) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. Knutzen stated he is against the motion. They neglect commercial agriculture. He would vote for this if there were progress from last year, when he said the same thing. Crawford stated the councilmembers received an email today that included a survey of farm tour goers. It looks like Sustainable Connections was prepared to collect that data, but then the speaker today said they weren't. He will support the motion, based on what the representative said in the email about conducting the survey. For the hotel/motel tax to break even on the investment, the agricultural tourism industry in Whatcom County would have to generate 7,800 hotel nights per year, outside the incorporated cities. He looks at the issue based on the return on investment. However, this time next year, they will have the specific data that will tell them what they're getting for this investment. He's willing to fund this for another year to see if the program pays off. Mann stated the tax is voluntary by the hotel and motel industry. They chose to levy the tax on themselves. Then they formed the Lodging Advisory Committee to allocate how those funds are used. The Council should not micromanage their decisions on how to market. If they think marketing agritourism is worthwhile, it's their business. He's fine with approving the request, regardless of how many lodging nights per year are attributed to agritourism. The program is open to any farm to participate. Everyone has to pay a little to help with the printing cost. There's no reason any farm can't be on the list. Brenner asked whether lodging nights calculation includes ancillary things such as gas and food. Crawford stated he's calculating the direct reimbursement to this fund that pays for this promotion. Brenner stated there are other indirect benefits to the community. For some reason, the bigger farms aren't interested. Find out why the bigger farms aren't interested. She would like the answer. She agrees with the request because this group is taxing themselves, and they're the ones who make the decisions on how the money is spent. Knutzen stated the two biggest draws of agritourism aren't on the list. He doesn't know why. It seems they're trying to promote a certain type of organic, smaller farm. It seems like any commercial agriculture is neglected and not promoted. It seems like they're trying to promote what their view of agriculture should be in Whatcom County. Whatcom County Council, 12/6/2011, Page 17 81 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 that is a big assumption. Councilmember Knutzen should check that assumption. Get the facts. Weimer stated everyone is able to be on the list. It is targeted to farms that have activities for tourists, such as farm stands, u-picks, or tours. Some of the big commercial operations don't want tourists poking around on their property. That may be why they choose to not be a part of the tour. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Mann and Kershner (6) Nays: Knutzen (1) 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE TO PROVIDE FUNDING FOR CHAMBER OPERATIONS AND TOURISM PROMOTION OF THE MT. BAKER CORRIDOR IN THE AMOUNT OF $78,505 (AB2011-406) 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND BELLINGHAM WHATCOM COUNTY TOURISM TO PROVIDE FUNDING TO PROMOTE TOURISM IN THE AMOUNT OF $200,000 ANNUALLY, FOR A THREE YEAR TERM FOR A TOTAL AMOUNT OF $600,000 (AB2011-408) 12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM EVENTS TO PROVIDE FUNDING FOR ADVERTISING AND TOURISM PROMOTION OF THE ANNUAL SKI TO SEA RACE IN WHATCOM COUNTY, IN THE AMOUNT OF $30,000 (AB2011-409) 13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE HERITAGE FLIGHT MUSEUM TO PROVIDE FUNDING FOR ADVERTISING AND TOURISM PROMOTION IN WHATCOM COUNTY, IN THE AMOUNT OF $32,816 (AB2011- 410) 14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NORTHWEST REGIONAL COUNCIL TO PROVIDE FUNDING SUPPORT FOR THE BOUNDARY REVIEW BOARD, IN THE AMOUNT OF $18,000 (AB2011-411) 15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE BELLINGHAM FOOD BANK TO PROVIDE FUNDING FOR THE PROVISION OF COLLECTION, WAREHOUSING AND DISTRIBUTION OF FOOD TO NEIGHBORHOOD BANKS THROUGHOUT WHATCOM COUNTY, AS WELL AS SUPPORT FOR THE FOOD BANK'S GLEANING PROJECT, IN THE AMOUNT OF $58,000 (AB2011-412) 16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND NORTHWEST Whatcom County Council, 12/6/2011, Page 18 82 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. YOUTH SERVICES FOR THE TEEN COURT PROGRAM, IN THE AMOUNT OF $18,500, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $37,000 (AB2011-413) 17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE OPERATION OF THE MODERATE RISK WASTE FACILITY, IN THE AMOUNT OF $428,328 (AB2011-414) 18. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND KPFF CONSULTING ENGINEERS FOR DESIGN AND ENGINEERING SERVICES FOR LIGHTHOUSE MARINE PARK — BOAT LAUNCH RENOVATION PROJECT, IN THE AMOUNT OF $55,397 (AB2011-415) 19. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF BELLINGHAM FOR USE OF FIBER OPTIC CABLE, IN THE AMOUNT OF $2,500 PER YEAR FOR A PERIOD OF TEN YEARS (AB2011-416) 20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND COSCOMM INTERNATIONAL, INC. TO PROVIDE ADDITIONAL SERVICES AND INSTALLATION FOR THE REGIONAL INTEROPERABLE COMMUNICATIONS PROJECT, IN THE AMOUNT OF $35,761.21, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $223,964.47 (AB2011-417) 21. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WOMENCARE SHELTER TO PROVIDE 24-HOUR CRISIS SUPPORT SERVICES THROUGH ITS HELP LINE AND EMERGENCY CONFIDENTIAL SHELTER TO VICTIMS OF DOMESTIC VIOLENCE IN WHATCOM COUNTY, IN THE AMOUNT OF $19,000 (AB2011- 418) 22. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND SUN COMMUNITY SERVICES TO PROVIDE PERMANENT SUPPORTIVE HOUSING SERVICES AT GLADSTONE PROJECT FOR INDIVIDUALS WITH MENTAL ILLNESS, IN THE AMOUNT OF $10,020, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $20,040 (AB2011-419) 23. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM FAMILY & COMMUNITY NETWORK FOR SUBSTANCE PREVENTION SERVICES WITHIN THE FERNDALE AND BELLINGHAM SCHOOL DISTRICTS, IN THE AMOUNT OF $50,000 (AB2011-420) 24. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL TO PROVIDE OPERATING FUNDS FOR THE TRANSITIONAL HOUSING Whatcom County Council, 12/6/2011, Page 19 83 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. PROGRAM AND TRANSPORTATION ASSISTANCE FOR DSHS MEDICAL CARE RECIPIENTS, IN THE AMOUNT OF $246,776 (AB2011-421) 25. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND PIONEER HUMAN SERVICES TO PROVIDE PERMANENT SUPPORTIVE HOUSING FOR OFFENDERS RE- ENTERING THE COMMUNITY, AND CHRONICALLY HOMELESS VETERANS, IN THE AMOUNT OF $303,255 (AB2011-422) 26. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR SOLID WASTE COMPLIANCE MANAGEMENT AND LITTERING AND ILLEGAL DUMPING ENFORCEMENT SERVICES, IN THE AMOUNT OF $138,885.33 (AB2011-423) 27. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ACCEPT SUN LIFE STOP -LOSS POLICY FOR INSURANCE PROTECTION FOR THE SELF - INSURED MEDICAL PLAN IN 2012 IN THE AMOUNT OF $227,852 (AB2011- 424) 28. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE USE OF WASHINGTON STATE CONTRACT FOR THE ANNUAL 2012 SUPPLY OF SNOW AND ICE CONTROL PRODUCTS FROM A CONTRACT LIST OF VARIOUS SUPPLIERS IN AN AMOUNT THAT MAY EXCEED $35,000 (AB2011-425) 29. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE USE OF WASHINGTON STATE CONTRACT TO PURCHASE RADIOS AND RELATED EQUIPMENT FOR THE SHERIFF'S VEHICLES FROM VENDOR HARRIS CORPORATION IN THE AMOUNT OF $176,221.16 (AB2011-426) 30. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE PURCHASE OF ELECTION ENVELOPES FROM THE SOLE SOURCE PROVIDER, K & H INTEGRATED PRINT SOLUTIONS, IN THE APPROXIMATE AMOUNT OF $65,853 (AB2011-427) 31. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND ACS ENTERPRISE SOLUTIONS (EXIGENT) FOR ELECTRONIC RECORDING IMPLEMENTATION AS A PART OF THE AUDITOR'S OFFICE RECORDING SYSTEM, IN THE AMOUNT OF $64,270 (AB2011-428) 32. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT BOARD'S RECOMMENDATIONS FOR EDI FUNDING — BELLINGHAM TECHNICAL COLLEGE NW CENTER FOR FISHERIES AND CITY OF LYNDEN WATER TREATMENT PLANT (AB2011-429) (11:19:57 PM) Mann reported for the Finance and Administrative Services Committee and moved approval. Whatcom County Council, 12/6/2011, Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Brenner moved to amend to add that the City of Lynden's water treatment plant project include a stipulation that this County funding would be last in and last used if the bids are lower or the contingencies are not used. Reductions would be first from the grant portion, then second from the loan portion. Crawford asked how the Council expresses its preference on this issue. Dewey Desler, Former Deputy Administrator, stated the City of Lynden is seeking assurance that it will have money to pay for the project. The project has not yet gone out to bid. There is a nearly $4.5 million contingency budget as part of the cost of the project. Economic Development Investment (EDI) Board members would like the money used for construction. If Lynden spends $24 million on a $25 million project, the County would provide $1 million to meet the goal. The administration can work that out with the City of Lynden. The agreement can be constructed in that way. Kershner asked if this requirement will reduce the City's ability to get other funding. Scott Korthuis, City of Lynden Mayor, stated the motion allows the City access to the full funding if the bid comes in high. If the bid comes in lower, the City understands that this money is the first to come out. That works for the City. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Brenner moved to amend to require the City of Lynden to use contractors who use E-verify on the project portion that is paid using the EDI funds. Crawford stated the Council is aware that the City of Lynden has already weighed in on the E-verify issue, and voted unanimously to not adopt those policies. The Council is not saying the City of Lynden must now adopt those policies for the funds to be available. The intent of the motion is that the City would use contractors who use E-verify for the portion of this project that is funded with the EDI money. Korthuis stated that if E-verify is required, the City would use it. The City already uses it when required of its contractors. However, he doesn't want to be selected to be the only EDI recipient required to meet this requirement. Crawford restated the motion to amend to require the City of Lynden and Bellingham Technical College use contractors who use E-verify on the project portion that is paid using the EDI funds. Kershner asked if it's correct that the County requires E-verify on all contracts over $100,000. Desler stated it is correct, but the County has not imposed the requirement on other governments when there is a contract with the government. The E-verify program is an emotional issue. From the administration's perspective, it's not a big deal. Once it's being used, people find that it allows them to comply with the law. The contractor for Lynden would benefit in some ways. Whatcom County Council, 12/6/2011, Page 21 85 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 speculates that the City of Lynden voted as it did as a political statement to support its agricultural industry, which is really challenged. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Mann stated he is against the request from the City of Lynden. It is not an appropriate use of EDI funds. It is the biggest EDI request they've ever had. It's not sustainable economic development to fund a one-time construction project. The City of Bellingham is raising its water rates on its rate payers. The City of Lynden should do the same thing, and charge its residents what it costs to provide water. The councilmembers have heard that the County shouldn't give money to people who sue the County or provide subsidies. This is clearly a subsidy for a municipal function. Knutzen stated the City of Lynden is a taxpayer in Whatcom County. It voluntarily pays the EDI tax. It is the same argument Councilmember Mann made regarding the tourism fund. The EDI Board came out with a unanimous recommendation. Don't micromanage that Board. Brenner stated the project will help existing businesses expand and bring in new businesses. Businesses want to locate where services are available. The County paid the City of Ferndale for permitting to build affordable housing. This has a direct affect on business location, which must have adequate and safe water. Mann asked if they are trying to encourage the City of Lynden to develop a disproportionate level of business infrastructure. He thought they are trying to make Bellingham the employment center of the county. Brenner stated Bellingham is the employment center. That doesn't mean she wants to constrict business in the county. Mann stated this is the opposite of constricting business. This provides $6 million to a one-time building project. This is not the same situation as the lodging tax, which is a tax the owners instituted on themselves. They choose how to distribute it. This is not a voluntary tax. This is a State tax the County is allowed to keep. The EDI Board did not discuss this for very long, and they got the proposal the day before the meeting. The EDI Board doesn't include all the people who pay into the EDI fund. The Board is made up of elected officials. Sometimes, there is an incentive to grant a request from one elected official so that elected official will grant their request in the future. In the big picture, it is not economic development investment. Brenner moved to postpone for more information and to refer it back to the EDI Board for further review. Weimer stated he supports the motion to postpone. He has the same concerns as Councilmember Mann. He also has concerns about water rights. The constriction is about how much water Lynden has versus how much water the surrounding farmers have. They are building the project to expand, according to the Mayor. He would like information from the Department of Ecology about whether that's accurate. Whatcom County Council, 12/6/2011, Page 22 86 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Larson stated he is against the motion to postpone. Generally, a number of projects the Council has approved have not met the criterion of being about economic development. He prefers all projects funded from the EDI fund have a direct impact on long-term, sustainable jobs. However, the number of projects that meet that criterion are limited. The entire EDI program must be evaluated. There must be some mechanism outside the EDI Board that is doing economic development work. The Northwest Economic Council is going through a major restructure right now. There is an opportunity to look at that funding mechanism and get people who will start recruiting. Then, they will see more projects that have a more direct impact. In the meantime, that fund is growing. Public infrastructure is one of the specific purposes of the fund. He supports the project. The EDI funds are few relative to the overall cost of the project. Sending it back to the EDI Board will not result in a different response. The Board will think the Council is questioning the Board's review. The Board includes capable people. Don't postpone the requests. Brenner withdrew the motion and moved to vote on the two projects separately. The motion to vote on the two projects separately carried by the following vote: Ayes: Crawford, Brenner, Weimer, Knutzen and Mann (5) Nays: Kershner and Larson (2) Mann moved to approve the Bellingham Technical College project as amended. The motion to approve the Bellingham Technical College project as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) Mann moved to approve the City of Lynden project as amended. Brenner moved to postpone and refer it back to the EDI Board to reconsider. Mr. Desler said there wasn't much discussion by the EDI Board. Desler stated all the questions the EDI Board had were answered. This is a large project, there was an extensive discussion. The EDI Board has a presentation in October. The application came forward and was discussed. There wasn't any discussion like this. Brenner asked if the EDI Board had enough discussion. Desler stated he made the motion to support the project. The Council's amendments strengthen the program. Brenner withdrew her motion to postpone. Larson stated it's possible that the EDI Board will be different when this is referred back to them. They could be starting from scratch. That isn't prudent. Mann stated he is amazed this is going to be approved. He asked where they get $6 million dollars from a countywide fund to give to a population of 12,000 people. He asked how that is proportional and reasonable. Brenner stated this is an economic development fund. Decent infrastructure is required for economic development. Whatcom County Council, 12/6/2011, Page 23 87 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Weimer stated he will vote against the request for the same concerns. It's not wise to spend the EDI money in this fashion. The City of Blaine is in debt on a sewage treatment plant, and will ask for this money. The City of Bellingham has the same problem, and could ask for EDI money for its infrastructure on Yew Street Road. It isn't a good precedent. The motion to approve the City of Lynden project as amended carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen and Kershner (5) Nays: Mann and Weimer (2) 33. REQUEST APPROVAL OF THE ECONOMIC DEVELOPMENT INVESTMENT BOARD'S RECOMMENDATIONS FOR EDI FUNDING — CITY OF BELLINGHAM WEST BAKERVIEW OVERPASS PROJECT (AB2011-430) 34. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS CHAMBER OF COMMERCE FOR A MULTI -MEDIA YEAR-ROUND SCENIC BYWAY CORRIDOR & BIRCH BAY TOURISM PROMOTIONAL CAMPAIGN FOR A THREE YEAR TERM, IN THE AMOUNT OF $400,000, WITH THE INITIAL FUNDING FOR THE FIRST YEAR OF THE PROJECT IN THE AMOUNT OF $153,000 (AB2011-407) Mann reported for the Finance and Administrative Services Committee and moved approval of the request with the substitute scope of work, Exhibit A, and compensation, Exhibit B. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) OTHER ITEMS 1. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, ELEVENTH REQUEST, IN THE AMOUNT OF $194,803 (AB2011-385) (11:55:06 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 2. ORDINANCE AMENDING THE 2011 WHATCOM COUNTY BUDGET, TWELFTH REQUEST, IN THE AMOUNT OF $2,026,569 (AB2011-386) (11:55:46 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Whatcom County Council, 12/6/2011, Page 24 88 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 motion carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 3. ORDINANCE AMENDING THE 2012 WHATCOM COUNTY BUDGET, THIRD REQUEST, IN THE AMOUNT OF $131,894 (AB2011-387) (11:56:45 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 4. ORDINANCE FOR 2012 PROJECT BUDGET REQUEST #1, LIGHTHOUSE MARINE PARK DOCK REPLACEMENT PROJECT, IN THE AMOUNT OF $240,000 (AB2011-388) (11:57:26 PM) Mann reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) S. RESOLUTION PROVIDING A CONSISTENT APPROACH IN COUNTYWIDE RECOGNITION OF INDIVIDUALS OR GROUPS RESULTING IN A COUNCIL CHAMBER ARMREST PLACARD (AB2011-391) (11:57:46 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 6. RESOLUTION APPOINTING A DIRECTOR AND ALTERNATE DIRECTOR TO THE WASHINGTON COUNTIES RISK POOL BOARD (AB2011-392) (11:58:22 PM) Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 7. RESOLUTION AMENDING RESOLUTIONS 2008-077 AND 2010-053, RELATED TO SALARIES AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES (AB2011-393) (11:58:37 PM) Whatcom County Council, 12/6/2011, Page 25 89 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. Mann reported for the Finance and Administrative Services Committee and moved to approve the resolution with the substitute language submitted earlier by Human Resources Division staff. The motion carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AND CONTRACT AGREEMENT BETWEEN WHATCOM COUNTY, WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT AND LUMMI NATION FOR THE SAXON REACH IN -STREAM RESTORATION PROJECT, SOUTH FORK NOOKSACK, IN THE AMOUNT OF $70,000 (AB2011-394) (12:00:39 AM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BROWN AND CALDWELL FOR ADDITIONAL WORK ON THE DEMING LEVEE UPSTREAM IMPROVEMENT PROJECT, IN THE AMOUNT OF $15,600, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $75,600 (AB2011-395) (12:01:40 AM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND PACIFIC SURVEYING AND ENGINEERING FOR ONGOING DATA COLLECTION AND ADDITIONAL TECHNICAL SUPPORT FOR SWIFT CREEK INTERIM MITIGATION MEASURES, IN THE AMOUNT OF $25,330, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $336,855 (AB2011-396) (12:02:10 AM) Whatcom County Council, 12/6/2011, Page 26 90 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND ELEMENT SOLUTIONS FOR ADDITIONAL WORK ON THE NOOKSACK RIVER SEDIMENT MANAGEMENT PILOT PROJECT, IN THE AMOUNT OF $19,500, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $28,000 (AB2011-397) (12:02:53 AM) (Clerk's Note: Council acting as the Whatcom County Flood Control Zone District Board of Supervisors.) Mann reported for the Finance and Administrative Services Committee and moved to approve the request. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Knutzen, Mann and Kershner (6) Nays: Weimer (1) Weimer stated this is a black hole of money. Paula Cooper said this morning that she'll be back with more requests. It makes more sense to phone the State and federal agencies to ask if they're wasting the County's money than it does to engineer something for $50,000 to find out the agencies aren't going to approve this. 12. ORDINANCE AMENDING WHATCOM COUNTY CODE 1.12, COUNCIL DISTRICT BOUNDARIES (AB2011-035A) (12:04:30 AM) Crawford moved to adopt the ordinance. Brenner stated she is against the motion. She can't support the ordinance with the big change along the Guide Meridian. It used to be a straight boundary. It's important for people to be able to visualize their district. The motion carried by the following vote: Ayes: Larson, Crawford, Weimer, Knutzen, Mann and Kershner (6) Nays: Brenner (1) 13. RESOLUTION APPOINTING CHIEF DEPUTY AUDITOR DEBBIE ADELSTEIN TO SERVE AS INTERIM WHATCOM COUNTY AUDITOR FROM DECEMBER 31, 2011, UNTIL JANUARY 9, 2012 (AB2011-434) Crawford moved to approve the resolution. Whatcom County Council, 12/6/2011, Page 27 91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) INTRODUCTION ITEMS (12:07:48 AM) Mann moved to accept the Introduction Items. Knutzen asked if the Council has to have a decision on Ruckelshaus by January 22, 2012. Roxanne Michaels, Planning and Development Services Department, stated that's correct. Knutzen asked if the Council is tying its hands to opting out if they don't do something with this in the near future. Michaels stated they're introducing it tonight. Knutzen asked if they can meet all the requirements if this isn't addressed until January 10, 2012. Michaels stated they hope to have a decision on January 10. In addition to deciding whether or not to opt in, they must also decide on the watershed boundary. The motion carried by the following vote: Ayes: Larson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7) Nays: None (0) 1. CONSIDERATION OF THE VOLUNTARY STEWARDSHIP PROGRAM OPTIONS AS ALLOWED BY THE STATE LEGISLATURE THROUGH ESHB 1886, AS AN ALTERNATIVE APPROACH TO CRITICAL AREAS PROTECTION FOR AGRICULTURAL ACTIVITIES (AB2011-279C) 2. ORDINANCE AMENDING THE WHATCOM COUNTY ZONING CODE TO ALLOW ELECTRIC VEHICLE INFRASTRUCTURE (AB2011-431) 3. ORDINANCE REPEALING WHATCOM COUNTY CODE CHAPTER 2.65, ELECTION PRECINCT OFFICERS (AB2011-432) 4. 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) OTHER BUSINESS (12:11:20 AM) There was no other business. Whatcom County Council, 12/6/2011, Page 28 92 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 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. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Larson stated he thanks and appreciates everyone. He has a lot of respect for what everyone does. The Councilmembers thanked everyone for their work this year and wished everyone a Merry Christmas. Knutzen congratulated the Lynden High School football team for winning the State championship. ADJOURN The meeting adjourned at 12:14 a.m. on Wednesday, December 7, 2011. The Council approved these minutes on , 2011. ATTEST: Dana Brown -Davis, Council Clerk Jill Nixon, Minutes Transcription WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Whatcom County Council, 12/6/2011, Page 29 93 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-034 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Originator: 1212012011 u U E E �% u� E D u V JAN 0 3 .2011 0111012012 Consent Agenda Division Head: Dept. Head: 12/20/2011 i-Xh7 I' Prosecutor: WHATCOM COUNTYCOUNCIL Purchasing/Budget: Executive: TITLE OF DO UMENT: Washington Counties Insurance Pool Interlocal Agreement ATTACHMENTS: Memorandum to Pete ICremeH, County Executive SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUHAIAR 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.) Outlines agreement between Washington Counties Insurance Pool (WCIP) 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. COMMITTEEACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. r20/ //aoao Originating Department: Administrative Services (A.S.) — Human Resources Contract Administrator: Karen Sterling Goens, A.S. Human Resources Manager Contractor's / Agency Name: Washington Counties Insurance Pool (WCIP) 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 _X_ 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 $ 0 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 $ 0 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 $ 0 memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Outlines agreement between Washington Counties Insurance Pool (WCIP) and counties and other local government entities for the purpose of joint purchase of insurance and funding of self -insured benefits for employees and their dependents. Term of Contract: On -going Expiration Date: N/A Contract Routing Steps & Si ng off: [sign or initial] (indicate date transmitted] 1. Prepared by KSGPens Date_12/16/2011_ [electronic] 2. Attorney reviewed ✓ Date [electronic] 3. AS Finance reviewed Date [electronic] 4. IT reviewed if IT related N/A Date [electronic] 5. Corrections made Date [electronic] 6. Attorney signoff D" Giffin Date l 7. Contractor signed Mike Shelton Date_12/ 7/2011 8. Submitted to Exec Office _ KSGoens Date 74wf 1 9. Reviewed by DCA Date 10. Council approved (if necessary) N/A Date 11. Executive signed Date 12. Contractor Original Returned to dept. Date 13. County Original to Council Date hard copy printed Last Revised 6/9/11 95 P�GpM CGG WHATCOM COUNTY ADMINISTRATIVE SERVICES HUMAN RESOURCES ty r Whatcom County Courthouse 4SHIMG10 311 Grand Avenue, Suite #107 Bellingham, WA 98225-4038 (360) 676-6802 HR@co.whatcom.wa.us RECEIVED"AREN GOENS Manager MEMORANDUM DEC 272011 PETE KREMEN NTY EXECUTtV TO: Pete Kremen, County Executive FROM: Karen Sterling Goens, A.S. Human Resources Manag r RE: Interlocal Agreement with Washington Counties Insurance Pool (WCIP) DATE: December 16, 2011 Enclosed are two (2) originals of an Interlocal Agreement with the Washington Counties Insurance Pool for your review and signature. ■ Background and Purpose Whatcom County participates in the self -insured vision program through WCIP for four groups (Deputy Sheriffs Guild, Ferry Workers (IBU), Local 17, and WSNA. Recently the WCIP discontinued its self -insured medical program which necessitated changes in its By -Laws, Underwriting Guidelines, and Interlocal Agreement. Although Whatcom County has never participated in the medical portion of WCIP's self -insured program, we are nonetheless being asked to execute the Interlocal Agreement and two Amendments. ■ Funding Amount and Source There are no charges for this Agreement, it merely describes the Pool, its organization, governance, and participant requirements. ■ Differences from Previous Contract Whatcom County previously executed a Business Associate Agreement (#200504020), however did not have an Interlocal Agreement in place with WCIP. The present Agreement clarifies and updates our long-standing relationship with WCIP as vision plan provider. Thank you for your consideration. Feel free to call me with any questions (ext 50550). L'OUNTY ORIGINAL, A= 8 j` + D` 1N '9r Final Interlocal Agreement December 2000 " 1'a."1 qq `� jj3p' 's ; " { aoll isoao �a WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT THIS AGREEMENT is made and entered into by and among the counties and local governments organized and existing under the Constitution and laws of the State of Washington which are parties signatory to this Agreement: RECITALS WHEREAS, counties and local governments in the State of Washington have experienced a trend of increasing insurance premiums for the renewal of their health and welfare benefit programs; and WHEREAS, Chapter 48.62 RCW grants counties and local governments maximum flexibility to enter into agreements with each other to provide joint programs, which include programs of joint purchasing of insurance or reinsurance, joint self -insuring, and joint contracting for or hiring of personnel to provide risk management, claims, and administrative services; and WHEREAS, Chapter 39.34 RCW permits counties and local governments to make the most efficient use of their powers by enabling them to cooperate with other counties and local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, each of the members desires to join together with the other members for the purpose of funding self -insured health and welfare benefit risks and jointly purchasing insurance, reinsurance, and administrative services; and WHEREAS, it appears economically feasible and practical for the members to do so; NOW, THEREFORE, for and in consideration of the mutual benefits, covenants and agreements contained herein, the members agree as follows: Article 1 Definitions The following definitions shall apply to the provisions of this Agreement: (a) "Pool" shall mean the Washington Counties Insurance Pool created by this Agreement by the member employers. (b) "Health and welfare benefits" shall mean a plan or program established by WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 1 97 Final lnterlocal Agreement December 2000 counties and local governments for the purpose of providing employees and their dependents with health care (including dental and vision care, and employee assistance programs), accident, disability, death, or salary protection benefits. (c) "Bylaws" shall mean the Bylaws adopted by the Board of Directors of the Pool and all duly adopted amendments and revisions thereto. Article 2 Purpose This Agreement is entered into for the purpose of authorizing the creation of the Washington Counties Insurance Pool, which shall be organized under Chapters 48.62 and 39.34 RCW to provide to member employers health and welfare benefit programs. Article 3 Parties to Agreement Each party to this Agreement certifies that it intends to contract with all parties who are signatories of this Agreement on its effective date and with such other parties as may later be added to and become signatories to this Agreement. Each party also certifies that the cancellation or withdrawal of any party shall not affect this Agreement nor such party's intent to contract pursuant to the terms of this Agreement with the then re- maining parties. Article 4 Duration of Agreement This Agreement shall become effective when approved by ten employers. This Agreement shall have perpetual duration unless terminated as hereinafter provided. Article 5 Membership Composition Pool membership shall be open to units of local government in the State of Washington. The Board of Directors of the Pool shall provide for the reasonable admission of new members. Article 6 Nature of Pool The Pool shall be an association of member employers independent of all other associations of which the employers are members. Pool funds shall be expended only for purposes of the pool consistent with statutes and rules governing the county and local government members of the pool. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 2 98 Final Interlocal Agreement December 2000 Article 7 Powers of Pool The Pool shall have the powers and functions to do the following: (a) Jointly self -insure or purchase health and welfare benefits insurance or reinsurance in such form and amount as the Board of Directors may determine; (b) Contract for administrative and other services; (c) Possess any other powers and perform all other functions reasonably necessary to carry out the purposes of Chapter 48.62 RCW. Article 8 Organization The affairs of the Pool shall be managed by the Board of Directors ("Board") in Accordance with the Bylaws adopted by the Board. The Board shall meet regularly and shall be subject to the Open Public Meetings Act, Chapter 42.30 RCW. Article 9 Pool Responsibilities The Pool shall perform the following functions in discharging its responsibilities under this Agreement:' (a) Provide for the management and operation of the Pool; (b) Provide for health and welfare benefit coverages for member employers; (c) When the Pool provides comprehensive coverage for health care services, it will include mandated benefits that the state health care authority is required to provide under RCW 41.05.170 and 41.05.180. (d) Consider reinsurance coverage for those benefits which the Pool plans to self - insure. (e) Establish limits to any coverage that is provided; (f) Provide an annual report of the operation of the Pool to member employers, and (g) Provide for other services as deemed necessary by the Board in order to carry out the purposes of this Agreement. Article 10 Member Employer Responsibilities Member Employers shall have the following responsibilities: (a) Each member employer shall appoint an employee to serve as a liaison between the member and the Pool; WASHINGTON COUNTIES INSURANCE POOL INTERLOCALAGREEMENT -3 99 Final Interlocal Agreement December 2000 (b) Each member employer shall pay its premiums promptly when due, and reasonable interest on overdue payments; (c) Each member employer shall provide the Pool with such information or assistance as may be necessary for the Pool to carry out its responsibilities under this Agreement; and (d) Each member employer shall cooperate with and assist the Pool, and any insurer of the Pool, in all matters relating to this Agreement and covered benefits, and shall comply with all Bylaws, rules and regulations adopted by the Pool. Article 11 Budget and Records (a) Budget. The Pool shall establish and maintain annual budgets. (b) Audit. The Pool shall establish and maintain such accounts as may be required by good accounting practices and the State Budget Accounting Reporting System ("BARS"). Financial records of the Pool shall be open to inspection at all reasonable times by Directors. The Pool shall be subject to audit by the Washington State Auditor. A complete written report of the financial activities of the Pool, including an annual audit of the accounts and records of the Pool, shall be provided to each Director. Article 12 Cancellation and Withdrawal (a) Cancellation. A member employer's participation in this Agreement and the Pool may be canceled at any time by an affirmative vote of three-quarters of the entire Board for failure to make full and timely premium payments and failure to fulfill the cooperation and other requirements of the insurance agreement. The effective date of cancellation shall be one month after the date of Board action. (b) Withdrawal. Member employers may withdraw from the pool at the end of any Pool fiscal year, provided it has given the Pool a six-month written notice of its intent to withdraw. (c) Effect of Cancellation and Withdrawal. The cancellation or withdrawal of one or more member employers shall not terminate this Agreement. No withdrawing or canceled member employer shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. (d) Unpaid Liabilities. The cancellation or withdrawal of a member employer shall not terminate its responsibility to contribute its share of premiums or assessments until all claims and other unpaid liabilities covering the period of its membership have been finally resolved and the Board has determined the final amount of payments due From the withdrawing or canceled member employer for the period of its membership. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 4 100 Final Interlocal Agreement December 2000 Article 13 Termination (a) Initial Period. This Agreement may be terminated any time during its first thirty- six months by the written consent of the governing bodies of all member employers. After the first thirty-six months, this Agreement may be terminated by the written consent of the governing bodies of three -fourths of the member employers. Upon termination, this Agreement and the Pool shall continue for -the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Pool. (b) Distribution of Assets. Upon termination, assets of the Pool shall be distributed to terminating member employers proportionate to their premium payments and property contributions made during the last thirty-six (36) months of the Pool. The Board shall distribute the assets to terminating member employers within six (6) months after the disposition of the last pending claim covered by the Pool. (c) Run -Off. Upon termination, the Board shall wind up and dissolve the business affairs of the Pool. The Board shall determine, and member employers shall pay, each employer's fair share of any additional premium amounts necessary for final disposition of all claims covered by the Pool. A member employer's share of such additional premiums shall be determined in the same manner as that provided above for annual premiums, and shall be treated as if it were the next year's annual premium for that employer. Article 14 Notices Notices to member employers shall be sufficient if mailed postage prepaid to the governing bodies of the respective member employers at such addresses as may be given in writing to the Pool. Article 15 Amendments This Agreement may be amended at any time by the written approval of the governing bodies of sixty percent of all member employers. Article 16 Prohibition Against Assignment No employer may assign any right, claim or interest it may have under this Agreement. No creditor, assignee or third -party beneficiary of any employer shall have any right, claim or title to any part, share, interest, Pool, premium or asset of the Pool. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 5 101 Final Interlocal Agreement December 2000 Article 17 Enforcement The Pool may enforce the terms of this Agreement. In the event action is instituted to enforce any term of this Agreement or any term of the Bylaws against any present or previous member employer, the prevailing party shall receive such sums as the court may fix as reasonable attorneys' fees and costs in the action. Article 18 Default If any member employer fails to perform any term or condition of this Agreement and such failure continues for a period of sixty (60) days after the Pool has given the member employer written notice of such failure, the member employer shall be in default hereunder. Upon default, the Pool may immediately cancel the member employer's membership effectively immediately without further notice, or exercise any remedies herein provided or otherwise provided by law. The rights and remedies of -the Pool are cumulative in nature and pursuit of any particular remedy shall not be deemed an election of remedies or a waiver of any other remedies available hereunder or otherwise available by law. Article 19 No Waivers No waiver or forbearance of a breach of any covenant, term, or condition of this Agreement shall be construed to be a waiver or forbearance of any other or subsequent breach of the same or of any other covenant, term or condition, and the acceptance of any performance hereunder, or the payment of any sum of money after the same has become due or at a time when any other default exists hereunder, shall not constitute a waiver of the right to demand payment of all other sums owing or a waiver of any other default then or thereafter existing. Article 20 Agreement (a) Severability. If any term or provision of this Agreement shall to any extent be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision in this Agreement shall be valid and be enforceable to the fullest extent permitted by law. (b) Time. Time is of the essence in this Agreement and each and every provision hereof. (c) Headings. The Article and Section headings in this Agreement are inserted for convenience only and are not intended to be used in the interpretation of the contents of the Articles and Sections they introduce. (d) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 6 102 Final Interlocal Agreement December 2000 (e) Counterpart Copies. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. (f) Agreement Complete. The foregoing constitutes the full and complete agreement of the parties. All oral understandings and agreements are set forth in writing herein. IN WITNESS WHEREOF, the parties have executed this Agreement by authorized officials thereof on the dates indicated. *************************************************** WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 7 103 Final Interlocal Agreement December 2000 AMENDMENT NO. 1 WASIIINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT JANUARY 1, 2006 The Washington Counties Insurance Pool Interlocal Agreement ("Agreement"), effective December 2000, is amended pursuant to Article 15 to effect certain changes and to ensure consistency with the Washington Counties Insurance Pool's other governing instruments. This Amendment No. 1 is effective January 1, 2006. Definitions. Article 1 Definitions is replaced in its entirety with the following: Article 1 Definitions The following definitions shall apply to the provisions of this Agreement: Appendix. "Appendix" means each of the appendices to the Agreement. Each Appendix shall be considered a part of the Agreement and may be amended by the Board of Directors of the Pool as provided in the particular appendix. If amendment provisions are not included in a particular appendix, the Board of Directors may amend such appendix at any time and for any reason without the consent of any person, except as otherwise provided by law. As of January 1, 2006, the appendices include the Underwriting Guidelines as Appendix I and the Business Associate Agreement as Appendix U. Assessment. "Assessment" means the moneys paid by certain Participating Employers to the Pool upon withdrawal from the Pool. The assessment is generally based upon the amount of funds received from the Participating Employer minus the Participating Employer's share of administrative costs (administration plus insurance) and the Claims paid on behalf of the Participating Employer's Pool participants. The Board has the final authority to determine the amount of the assessment. Board of Directors or Board. "Board of Directors" or "Board" means the Board of Directors of the Pool. Business Associate Agreement. "Business Associate Agreement" means the agreement as defined in the Underwriting Guidelines. Bylaws. "Bylaws" means the bylaws adopted by the Board and all duly adopted amendments and revisions thereto. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 8 104 Final Interlocal Agreement December 2000 Health and Welfare Benefits. "Health and welfare benefits" means a plan or program established by Local Government Entities for the purpose of providing employees and their dependents with health care (including dental and vision care, and employee assistance programs), accident, disability, death, or salary protection benefits. Local Government Entity. "Local Government Entity" means any unit of local government, both general purpose and special purpose, and includes, but is not limited to, counties, cities, towns, port districts, public utility districts, water -sewer districts, school districts, fire protection districts, irrigation districts, metropolitan municipal corporations, conservation districts, and other political subdivisions, governmental subdivisions, municipal corporations, quasi -municipal corporations and nonprofit corporations as defined in Title 24, Chapters 03 or 06 RCW whose membership is limited solely to the participating public agencies or to partnerships organized pursuant to Title 25, Chapter 04 RCW whose partners are limited solely to participating public agencies. Participating Employer. "Participating Employer" means a Local Government Entity that is a participant in the Pool. Pool. "Pool" means the Washington Counties Insurance Pool created by this Agreement. RCW. "RCW" means the Revised Code of Washington of 2004, as amended. Underwriting Guidelines. "Underwriting Guidelines" means the underwriting guidelines adopted by the Board of Directors and all duly adopted amendments and revisions thereto. Duration of Agreement. Article 4 Duration of Agreement is revised by replacing the word "employers" with the phrase "Local Government Entities." Membership Composition. Article 5 Membership Composition is revised by replacing the phrase "units of local government in the State of Washington" with the phrase "Local Government Entities." Nature of Pool. Article 6 Nature of Pool is replaced in its entirety with the following: Article 6 Nature of Pool The Pool shall be an association of Participating Employers independent of all other associations of which the Participating Employers belong. Pool funds shall be expended only for purposes of the Pool consistent with statutes and rules governing the Participating Employers. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 9 105 Final Interlocal Agreement December 2000 Organization. Article 8 Organization is replaced in its entirety with the following: Article 8 Organization The affairs of the Pool shall be managed by the Board in accordance with the Bylaws and Underwriting Guidelines adopted by the Board. The Board shall meet regularly as outlined in the Bylaws and shall be subject to the Open Public Meetings Act, Title 42, Chapter 30 RCW. Member Employer Responsibilities. Article 10 Member Employer Responsibilities is revised by replacing the phrase "member employer" with the phrase "Participating Employer" each time the phrase "member employer" appears in Article 10, including the caption. Cancellation and Withdrawal. Article 12 Cancellation and Withdrawal is replaced in its entirety with the following: Article 12 Cancellation and Withdrawal Cancellation. A Participating Employer's participation in this Agreement and the Pool may be canceled at any time by an affirmative vote of three-quarters of the entire Board for failure to make full and timely premium payments and failure to fulfill the cooperation and other requirements specified by insurance contracts or other pool governing instruments. The effective date of cancellation shall be one month after the date of Board action. Withdrawal. Participating Employers may withdraw from the Pool at the end of any Pool fiscal year, provided the Participating Employer has given the Pool a six-month written notice of its intent to withdraw. Effect of Cancellation and Withdrawal. The cancellation or withdrawal of one or more Participating Employers shall not terminate this Agreement. No withdrawing or canceled Participating Employer shall be entitled to payment or return of any premium, property contributed to the Pool or to any distribution of assets. Unpaid Liabilities. The cancellation or withdrawal of a Participating Employer shall not terminate its responsibility to contribute its share of premiums or pay an Assessment pursuant to the Underwriting Guidelines. The Board will determine the final amount of payments due from the withdrawing or canceled Participating Employer for the period of its membership. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT -10 106 Final Interlocal Agreement December 2000 Termination. Article 13 Termination is revised by replacing the phrase "member employer" with the phrase "Participating Employer" each time the phrase "member employer" appears in Article 13. Notices. Article 14 Notices is revised by replacing the phrase "member employer" with the phrase "Participating Employer." Amendments. Article 15 Amendments is replaced in its entirety with the following: Article 15 Amendments This Agreement may be amended at any time by the written approval of sixty percent of the Participating Employers. Prohibition Against Assignment. Article 16 Prohibition Against Assignment is revised by replacing the word "employer" with the phrase "Participating Employer." Enforcement. Article 17 Enforcement is revised by replacing the phrase "member employer" with the phrase "Participating Employer" each time the phrase "member employer" appears in Article 17. Default. Article 18 Default is revised by replacing the phrase "member employer" with the phrase "Participating Employer" each time the phrase "member employer" appears in Article 18. IN WITNESS WHEREOF, in accordance with Article 15 Amendments, sixty percent of the Participating Employers have caused this Amendment No. 1 to the Agreement to be duly executed by authorized officials thereof on the dates indicated. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 11 107 Final Interlocal Agreement December 2000 AMENDMENT NO.2 WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT JANUARY 1, 2012 The Washington Counties Insurance Pool Interlocal Agreement ("Agreement"), effective December 2000 and amended on January 1, 2006, is amended pursuant to Article 15 to effect certain changes and to ensure consistency with the Washington Counties Insurance Pool's other governing instruments. This Amendment No. 2 is effective January 1, 2012. Article 12 Cancellation and Withdrawal (b) Withdrawal. Participating Employers may withdraw from the Pool at the end of any Pool fiscal year, provided the Participating Employer has given the Pool a six-month written notice of its intent to withdraw. This provision applies only to medical coverage provided by the Pool. For all other lines of coverage a 30 day notice of withdrawal is required. IN WITNESS WHEREOF, in accordance with Article 15 Amendments, sixty percent of the Participating Employers have caused this Amendment No. 2 to the Agreement to be duly executed by authorized officials thereof on the dates indicated. WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 12 Final Interlocal Agreement December 2000 WASIIINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT to include Amendments No. 1 and No. 2 Washington Counties Insurance Pool Interlocal Agreement approved this day of pf+O�Ad as UO ibf111: DanlW L. Gibson Dlae Asgistent Chief Civil Deputy Prosecutor WHATCOM COUNTY Participating Employer Name Chair of County Council County Executive Other Participating Employer Representative Constituting the Board governing WHATCOM COUNTY Participating Employer Name Washington Attest: Clerk ACCEPTED BY THE PO this 7t day of December 2011 B• Washington Counties Insurance Executive Director WASHINGTON COUNTIES INSURANCE POOL INTERLOCAL AGREEMENT - 13 109 KIMTCOM COUNTY COUNCIL AGENDA BILL NO. 2012-035 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: TH I2/06/II R � D � V I/IO/I2 Council _ Division Head: Z'1 ` 1 JAN 0 3 -2017, F1A1CVIVI COUNTY COUNCIL Dept Head: Prosecutor: —W Purchasin /Bud et: I Z - (S- + ' 3 Id, Executive: TITLE OF DOCUMENT: Agreement between the Health Department. and Washington State Department of Health. ATTACHMENTS: Contract Info Sheet Memo to Executive 2 Originals of Contract Agreement SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This contract provides state and federal funding to the health department for the operation of various programs. This is a new agreement replacing an agreement that expires on December 31, 2011. This new contract is for a period of 3 years. 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, 110 WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Pete Kremen, County Executive FROM: Regina A. Delahunt, Director RE: Department of Health Consolidated Contract DATE: December 5, 2011 Regina A. Delahunt Director Greg Stern, M.D. Health Officer DEC 1 1 2011 PETE KREMEN COUNTY EXECUTIVE 2012-2014 Enclosed are two (2) originals of a new contract between the Health Department and Washington State Department of Health (DOH) for your review and signature. Background and Purpose The Consolidated Contract is a major funding source for public health programs provided by the health department. All funding provided by the Washington State Department of Health is included in this contract. Funding Amount and Source This contract is funded by state and federal revenue sources and is included in our current budget. This is a new contract so council approval is required and an agenda bill is attached. Differences from Previous Contract This is a new contract which replaces the previous contract which expires on 12/31/2011. The current contract is for the three year funding cycle. Total maximum consideration not to exceed is $1,401,597. You may contact Terry Hinz at extension 50841 if you have any questions regarding this contract. 111 numerous Cost Center. Object Code WHA TCOM COUNTY CONTRA CT INFORMATIONSHEET Approved by Whatcom County Contract No. a0// laU/a Originating Department: Whatcom County Health Department Contract Administrator: Terry Hinz, Assistant Director Contractor's /Agency Name: WA ST Department of Health Consolidated Contract 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) _C16907 CFDA number _various Is this contract grant funded? Yes _ No x_ If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes_ No x If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract 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 $ 1,401,597 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 Total Amended Amount: supporting memo. If less than these thresholds, just submit to $1,401,597 Executive with supporting memo for approval. Scope of Services This contract provides funding for a number of public health services. Term of Contract:11112012-1213112014 Expiration Date: 12131114 Contract Routing Steps & Signoff.` %sign or initial] [indicate date transmitted 1. Prepared by: SHM Date 1212111 [electronic] 2. Attorney reviewed, Date] -I,_ --I I r^'e�eniel 3. AS Finance reviewed Date 2 - � ' &*7 4. IT reviewed iflT related Date _ [e'ee] S. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed, Date 8. Submitted to Exec Office ,/ Date ! Z - /(o I l[summary via electronic, hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed., Date 12. Contractor Original 13. Returned to dept; Date 14. County Original to Council Date this form may need to expand to more than one page 112 DOH CONTRACT #: C16907 2012 - 2014 WASHINGTON STATE DEPARTMENT OF HEALTH CONSOLIDATED CONTRACT 2011-2014 Consolidated Contract Page 1 of 17 113 DOH CONTRACT #: C16907 Table of Contents 1. Purpose.................................................................................................................................... 3 2. Statements of Work................................................................................................................. 3 3. Exhibits....................................................................................................................................3 4. Definitions.......................................................................................:....................................... 3 5. Funding and Billing................................................................................................................. 4 6. Contract Management............................................................................................................. 5 7. Access to Records................................................................................................................... 5 8. All Writings Contained Herein................................................................................................ 5 9. Assignment..............................................................................................................................5 10. Assurances............................................................................................................................... 5 11. Confidential Information.........................................................................................................5 12. Ethics....................................................................................................................................... 6 13. Debarment Certification.......................................................................................................... 6 14. Disputes................................................................................................................................... 6 15. Equipment Purchases.............................................................................................................. 6 16. Funding Contingency.............................................................................................................. 7 17. Governing Law and Venue...................................................................................................... 7 18. Independent Capacity.............................................................................................................. 7 19. Insurance................................................................................................................................. 7 20. Licensing, Accreditation and Registration.............................................................................. 7 21. Maintenance of Records.......................................................................................................... 7 22. Modifications/Waivers............................................................................................................ 7 23. No Third -Party Rights Created ............................................ .................................................... 7 24. Nondiscrimination................................................................................................................... 7 25. Order of Precedence................................................................................................................ 8 26. Ownership of Material/Rights in Data.................................................................................... 8 27. Publications............................................................................................................................. 8 28. Responsibility for Actions....................................................................................................... 8 29. Severability..............................................................................................................................8 30. Subcontracts............................................................................................................................ 8 31. Subrecipient.............................................................................................................................9 32. Survivability............................................................................................................................ 9 33. Term........................................................................................................................................ 9 34. Termination for Convenience.................................................................................................. 9 35. Termination for Default........................................................................................................... 9 36. Termination Procedure............................................................................................................ 9 37. Standard Federal Certifications and Assurances................................................................... 11 38. Assurances - Non -Construction Programs............................................................................ 16 2011-2014 Consolidated Contract Page 2 of 17 114 DOH CONTRACT #: C16907 CONSOLIDATED CONTRACT between STATE OF WASHINGTON DEPARTMENT OF HEALTH (Referred to as "DOH") and WHATCOM COUNTY HEALTH DEPARTMENT (Referred to as "LHJ") for THE DELIVERY OF PUBLIC HEALTH SERVICES FOR THE PERIOD OF January 1, 2012 through December 31, 2014 1. Purpose This Contract is created in accordance with RCW 43.70.520 — Public Health Services Improvement Plan. The purpose of this Contract is to define our joint and cooperative relationship. It is also the basis for facilitating the delivery of public health services to the people in Washington State in accordance with the Public Health Improvement Plan. This Contract is the result of a cooperative planning effort between the LHJ and DOH. The parties believe that this Contract accurately reflects their common purpose. 2. Statements of Work The individual program activities, requirements, and outcomes/deliverables to be achieved by the LHJ under this Contract are described in Exhibit A, Statements of Work, and are consistent with RCW 43.70.580 requirements for performance -based contracts. The LHJ shall furnish the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to the performance of the work as set forth in Exhibit A, Statements of Work. 3. Exhibits This Contract incorporates by reference the following Exhibits: • Exhibit A - Statements of Work • Exhibit B - Allocations 4. Definitions As used throughout this Contract, the following terms shall have the meanings set forth below: "American Recovery and Reinvestment Act of 2009 (ARRA or the Recovery Act)": A federal act intended to create jobs and promote investment and consumer spending during the late-2000s recession, more often called the Great Recession. "Budget, Accounting, and Reporting System (BARS)": The system designed by the State Auditor's office for collecting, consolidating, and reporting financial budgeting and accounting information from all local governmental units. "Client": An agency, firm, organization, individual or other entity applying for or receiving services provided by the LHJ under this Contract. "Catalog of Federal Domestic Assistance (CFDA)": The unique identifying code assigned to a federal assistance program which identifies the awarding agency. "Confidential Information": Information protected from disclosure under federal or state law. 2011-2014 Consolidated Contract 1 T9e 3 of 17 DOH CONTRACT #: C16907 "Contracting Officer": DOH's Contracts Manager and his/her delegates. "Equipment": When used in this Contract is defined as an article of non -expendable, tangible property other than land, buildings, or fixtures which is used in operations and having a useful life of more than one year and an acquisition cost of $5,000 or more or as otherwise provided in the Statements of Work, Exhibit A. "Federal Assistance": Assistance provided by a federal agency in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, interest subsidies, insurance, or direct appropriations, but does not include direct federal cash assistance to individuals. "Federal Funding Accountability and Transparency Act (FFATA or the Transparency Act)": A federal act to make information available online so the public can see how federal funds are spent. "Fixed Assets": Fixed assets are property and/or equipment obtained through donation, gift, purchase, capital lease, or construction with a service life of more than one year. "Subcontractor": Any individual or group contracted with the LHJ to perform all or part of the services included in this Contract. This term will also apply to situations where an LHJ's subcontractor contracts with another individual or group to perform all or part of the services included in its agreement with the LHJ. "Subrecipient" or "Subgrantee": An entity that receives federal money or goods directly or indirectly from DOH and makes decisions regarding who can receive what federal assistance; has its performance measured against the objectives contained in the DOH agreement with the federal government; makes decisions on how to operate the program to accomplish the program goals; has the obligation to comply with federal subrecipient requirements; and/or used federal funds to carry out DOH's programs. "Vendor": An entity that provides goods or services to DOH and others. A vendor normally operates its business in a competitive environment, provides its goods and/or services to many different purchasers during normal business hours, and does not have the same responsibilities and/or obligations as a subrecipient. 5. Funding and Billing A. DOH shall pay the LHJ for services as set forth in the Statements of Work, Exhibit A, not to exceed funding amounts as detailed in the Contract Allocations, Exhibit B, for those services provided herein. The LHJ will advise the Program Contact identified in the applicable Statement of Work in writing 90 calendar days prior to the end of the funded period, or as soon as practicable thereafter, if the LHJ anticipates not using all Contract funding. B. If the Exhibit A, Statement of Work, is supported by federal funds that require compliance with ARRA (the Recovery Act) or FFATA (the Transparency Act), the corresponding checkbox on the statement of work will be checked. C. Total consideration for this Contract is $1,401,597, or as amended. D. The LHJ will submit accurate and timely billings which, for clarity and consistency, will be prepared using the form provided and following the instructions located at h!V://www.doh.wa.gov/concon/. DOH will authorize payment only upon satisfactory completion and acceptance of deliverables and for allowable costs as outlined in the statement of work and/or budget. E. The LHJ will submit a BARS A financial report by March 15 for the prior calendar year. 2011-2014 Consolidated Contract 1 lite 4 of 17 DOH CONTRACT #: C16907 6. Contract Management Unless otherwise specified in the Contract, the following individuals are the contacts ("Contract Coordinators") for all notices required or permitted under this Contract: LHJ Contract Coordinator: DOH Contract Coordinator: Name: Sandi Hughes -McMillan Name: Brenda Henrikson Title: Contracts Specialist Mailing Address: Mailing Address: 509 Girard Street, Bellingham WA 98225-4005 PO Box 47905, Olympia WA 98504-7905 Physical Address: Physical Address: Same as above 101 Israel Rd. SE, Tumwater WA 98501-5570 Phone: 360-676-6724 Fax: 360-676-7646 Phone: 360-236-3933 Fax: 360-586-2655 Email Address: Email Address: shughesm@co.whatcom.wa.us brenda.henrikson@doh.wa.gov A party may change its Contract Coordinator from time to time by providing written notice to the other party. DOH Program Contacts can be found in the Statements of Work in Exhibit A and at: http://w-ww.doh.wa.gov/concon/. 7. Access to Records To the extent authorized by applicable federal and state law, the parties shall provide access to records relevant to this Contract to each other, the Joint Legislative Audit and Review Committee, the State Auditor, and authorized federal officials, at no additional cost. Inspections shall occur at reasonable times and upon reasonable notice. 8. All Writings Contained Herein This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. The individuals signing this Contract certify by their signatures that they are authorized to sign this Contract on behalf of their respective entity. 9. Assignment Except for subcontracting as authorized in this Contract, the LHJ shall not assign or delegate, in whole or in part, this Contract or any of its rights; duties, obligations, or responsibilities, without the prior written consent of the Contracting Officer, which consent shall not be unreasonably withheld. 10. Assurances The parties agree that all activity pursuant to this Contract shall be in accordance with all applicable current federal, state and local laws, rules, and regulations and as revised. The LHJ acknowledges its agreement to comply with federal certifications and assurances by signing and returning the following: 1. Standard Federal Certifications 2. Standard Federal Assurances for Non -Construction Programs 11. Confidential Information The parties agree to comply with all state and federal statutes and regulations relating to Confidential Information. DOH and LHJ will limit access to the Confidential Information to the fewest number of people necessary to complete the work. Everyone having access to Confidential Information covered by this Contract must agree to protect the confidentiality of the information. 2011-2014 Consolidated Contract 1 Page 5 of 17 DOH CONTRACT #: C 16907 Either party to this Contract may designate certain Confidential Information. as "Confidential Information/Notice Requested." The designation shall be made by clearly stamping, watermarking, or otherwise marking each page of the Confidential Information. If a third party requestor seeks information that has been marked "Confidential Information/Notice Requested," notice shall be given to the marking party prior to release of the information. Such notice shall be provided to the program contact no less than five business days prior to the date of disclosure, to allow the party objecting to disclosure to seek a protective order from the proper tribunal. DOH and LHJ agree to establish or maintain safeguards consistent with state and federal laws, regulations, and standards to prevent unauthorized access, use, or disclosure of Confidential Information in any form. In accordance with federal and state contracting requirements, DOH may monitor, audit, or investigate LHJ management of Confidential Information relating to this Contract. Working together, the LHJ and DOH may use any and all tools available to track Contract related Confidential Information. If one of the parties becomes aware of an actual or suspected breach of confidentiality, that party will promptly notify the Contract Coordinator for the other party of the facts. The parties will work within their respective organizations to take any steps necessary to determine the scope of the breach and to restore reasonable security to the Confidential Information. Both parties agree to mitigate any known harmful effects of a breach in confidentiality, including notifying affected individuals to the extent required by law. The parties will also reasonably cooperate with law enforcement as appropriate. 12. Ethics Both parties and their officers shall comply with all ethics laws applicable to their activities under this Contract, including Chapters 42.23 and 42.52 RCW. If a violation occurs and is not cured within a reasonable time after notice, the other party shall have the right to terminate this Contract. This section is expressly subject to the Disputes section of this Contract. 13. Debarment Certification The LHJ, by signing this Contract, certifies that the LHJ is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Contract by any federal department or agency. The LHJ also agrees to include the above requirement in all subcontracts into which it enters. The LHJ will notify DOH of any such events that may occur during the term of the Contract. 14. Disputes The parties shall use their best, good -faith efforts to cooperatively resolve disputes and problems that arise in connection with this Contract. Both parties will make a good faith effort to continue without delay to carry out their respective responsibilities under this Contract while attempting to resolve the dispute under this section. If a dispute arises between the parties that cannot be resolved by direct negotiation, the dispute shall be submitted to a dispute board for a non -binding determination. Each party shall timely appoint one member to the dispute board. Those members shall jointly appoint an additional member. The dispute board shall timely review the facts, Contract terms and applicable law and rules, and make its determination. Provided that each party and the dispute board act in a timely manner, the parties agree not to seek legal or equitable relief in the courts until the dispute board renders its determination. Thereafter, either party may seek legal or equitable relief in the courts. 15. Equipment Purchases Equipment purchased by the LHJ for use by the LHJ or its subcontractors during the term of this Contract using federal funds, in whole or in part, shall be the property of the LHJ. The use, management and disposal of the equipment must comply with federal requirements. These requirements are found in the OMB Circular A-102 or are included in the federal funding agency's regulations. 2011-2014 Consolidated Contract 1 1age 6 of 17 DOH CONTRACT #: C16907 16. Funding Contingency In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way during the term of this Contract, the parties agree to negotiate reasonably and in good faith to amend this Contract to reflect the changed funding. 17. Governing Law and Venue The laws of the State of Washington govern this Contract. In the event of a lawsuit by the LHJ against DOH arising under this Contract, venue shall be proper only in Thurston County, Washington. In the event of a lawsuit by DOH against the LHJ arising under this Contract, venue shall be proper only in the county in which the LHJ is located or in either of the two nearest judicial districts within the meaning of RCW 36.01.050. 18. Independent Capacity The employees or agents of each party who are engaged in the performance of this Contract shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. 19. Insurance The LHJ certifies that it is self -insured, is a member of a risk pool, or maintains insurance coverage as required by this Contract. Each party shall pay for losses for which it is found liable. The LHJ agrees to require all subcontractors to maintain insurance in types and with limits as may be determined by the LHJ and/or its risk manager, unless the LHJ and DOH mutually agree otherwise. 20. Licensing, Accreditation and Registration The LHJ shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this Contract. 21. Maintenance of Records Each party to this Contract shall maintain books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs expended by it. All books, records, documents, and other material relevant to this Contract will be retained for six years after expiration. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Each party will use reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. Both parties agree to continue protecting records until such time as the information is destroyed in accordance with applicable state and federal records retention laws. 22. Modifications/Waivers This Contract, or any term or condition, may be modified only by a written amendment signed by the DOH Contracting Officer and the authorized representative for the LHJ. Either party may propose an amendment. Failure or delay on the part of either party to exercise any right, power, privilege or remedy provided under this Contract shall not constitute a waiver. No provision of this Contract may be waived by either party except in a writing signed by the DOH Contracting Officer or the authorized representative of the LHJ. 23. No Third -Party Rights Created This Contract, or any program hereunder, is entered into solely for the benefit of the two parties thereto and shall not be construed as giving rise to any right, remedy or expectancy of any kind or nature on the part of any third party. 24. Nondiscrimination During the performance of this Contract, the LHJ and DOH shall comply with all federal and state nondiscrimination laws, regulations and policies. In the event of the LHJ's noncompliance or refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be rescinded, canceled or terminated in whole or in part, and the LHJ may be 2011-2014 Consolidated Contract 1 �fge 7 of 17 DOH CONTRACT #: C 16907 declared ineligible for further contracts with DOH. The LHJ shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein. 25. Order of Precedence In the event of an inconsistency in the terms of this Contract, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: • Applicable state and federal statutes, and local laws, rules and regulations. • Terms and conditions of this Contract. • Statements of Work. • Any other provisions of this Contract, including other materials incorporated by reference. 26. Ownership of Material/Rights in Data Records and other documents relevant to this Contract, in any medium, furnished by one party to this Contract to the other party, will remain the property of the furnishing party, unless otherwise agreed. Data which is delivered under the Contract shall be transferred to DOH with a nonexclusive, royalty -free, perpetual, irrevocable license to publish, translate, reproduce, modify, deliver, perform, dispose of, and to authorize others to do so; provided that such license shall be limited to the extent which the LHJ has a right to grant such a license. The LHJ shall exert all reasonable effort to advise DOH, at the time of delivery of data furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. DOH shall receive prompt written notice of each notice or claim or copyright infringement received by the LHJ with respect to any data delivered under this Contract. DOH shall have the right to modify or remove any restrictive markings placed upon the data by the LHJ, provided that if DOH modifies or removes such markings without the LHJ's approval, it assumes all liability for doing so. 27. Publications Any program reports, articles, and publications that result from information gathered through use of state and federal funds must acknowledge receiving support from DOH and/or the appropriate federal agencies. Correspondingly, such documents resulting from information gathered through use of local funds must acknowledge receipt of such local support. 28. Responsibility for Actions Each party to this Contract shall be solely responsible for the acts and omissions of its own officers, employees, and agents in the performance of this Contract. Neither party to this Contract will be responsible for the acts and omissions of entities or individuals not party to this Contract. DOH and the LHJ shall cooperate in the defense of tort lawsuits, when possible. 29. Severability If any term or condition of this Contract is held invalid, such invalidity shall not affect the validity of the other terms or conditions of this Contract, provided, however, that the remaining terms and conditions can still fairly be given effect. 30. Subcontracts The LHJ may subcontract any or all of the services or other obligations specified in this Contract. The LHJ will require the subcontractor to comply with all the applicable terms and conditions of this Contract, including all terms, conditions, assurances and certifications. The LHJ agrees it is responsible for assuring adequate performance on the part of the subcontractor. The parties agree that all subcontractors must be responsible for any liabilities created by their actions or omissions. In the event DOH, LHJ, and subcontractor are found by a jury or trier of fact to be jointly and severally liable for personal injury damages arising from any act or omission, then each entity shall be responsible for its proportionate share. 2011-2014 Consolidated Contract 1 Pue 8 of 17 DOH CONTRACT #: C16907 31. Subrecipient For those activities designated as "subrecipient" on Exhibit A, Statements of Work, the LHJ must comply with applicable federal requirements, including but not limited to OMB Circular A-87, A-102, A-133, and program specific federal regulations. If the LHJ expends $500,000 or more in federal awards from all sources, it is responsible for obtaining appropriate audits. Additional information is available at http://www.doh.wa.gov/concon/. 32. Survivability The terms and conditions contained in this Contract which by their sense and context, are intended to survive the expiration of the Contract shall survive. Surviving terms include, but are not limited to: Access to Records, Confidential Information, Disputes, Responsibility for Actions, Maintenance of Records, Ownership of Material/Rights in Data, Subcontracts, Termination for Convenience, Termination for Default, and Termination Procedure. 33. Term This Contract will be in effect from January 1, 2012 through December 31, 2014, unless terminated earlier as provided herein. 34. Termination for Convenience Either party may terminate this Contract, or any program hereunder, for convenience by providing at least 30 days' advance written notice to the other party. 35. Termination for Default (a) In the event of a default by either party under this Contract, the nondefaulting party may give written notice to the defaulting party that it intends to terminate this Contract, or any program hereunder, if the default is not cured within 30 days of the date of the notice, or such longer period of time as may be reasonable under the circumstances. If the default is not cured within that time, the nondefaulting party may then notify the defaulting party in writing that this Contract is terminated. In the event of such termination, the nondefaulting party shall have all rights and remedies available to it under general law. (b) A disputed termination for default is expressly subject to the Disputes section of this Contract. 36. Termination Procedure Upon termination DOH may require the LHJ to deliver to DOH any non-LHJ-owned equipment, data, or other property specifically produced or acquired for the performance of such part of this Contract as has been terminated. DOH shall pay to the LHJ the agreed upon price, if separately stated, for completed work and services accepted by DOH. In addition DOH shall pay the amount determined by the Contracting Officer for (a) completed work and services for which no separate price is stated, (b) partially completed work and services, (c) other property or services which are accepted by DOH, and (d) the protection and preservation of the property. Disagreement with the determination of the Contracting Officer that relates to the obligations or amounts due to the LHJ shall be considered a dispute within the meaning of the "Disputes" clause of this Contract. DOH may withhold from any amounts due the LHJ for such completed work or services such sum as the Contracting Officer reasonably determines to be necessary to protect DOH against potential loss or liability. The rights and remedies of DOH provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. After receipt of a written notice of termination, the LHJ shall: Stop work under the Contract on the date and to the extent specified in the notice; Place no further orders or subcontracts for materials, services, or facilities, except as necessary to complete such portion of the work not terminated; 2011-2014 Consolidated Contract 1 Rage 9 of 17 DOH CONTRACT #: C16907 • Assign to DOH, to the extent reasonably directed by the Contracting Officer and to the extent that the LHJ has the legal right to do so, all of the right, title, and interest of the LHJ under the orders and subcontracts in which case DOH has the right, at its reasonable discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. • Settle all outstanding liabilities and all claims arising out of orders or subcontracts, with the approval or ratification of the Contracting Officer to the extent he/she may reasonably require, which approval or ratification shall be final for all the purposes of this clause; • Transfer title to DOH and deliver, as reasonably directed by the Contracting Officer, any property which, if the Contract had been completed, would have been required to be furnished to DOH; • Complete performance of such part of the work not terminated by the Contracting Officer; and, • Take such action as may be necessary, or as the Contracting Officer may reasonably direct, for the protection and preservation of the property related to this Contract which is in the possession of the LHJ, or its subcontractors, and in which DOH has or may acquire an interest. IN WITNESS WHEREOF, the parties have executed this Contract. State of Washington Department of Health Local Health Jurisdiction Signature Signa\tuo Health Dept, Dkeew Title: Title: Print Name: Print Nam Utg' A A, Delahunt, Director Date: Date: 1 1 APPROVED AS TO FORM ONLY BY THE OFFICE OF THE ATTORNEY GENERAL 2011-2014 Consolidated Contract ,,Po 10 of 17 DOH CONTRACT #: C16907 STANDARD FEDERAL CERTIFICATIONS AND ASSURANCES Following are the Assurances, Certifications, and Special Conditions that apply to all federally funded (in whole or in part) agreements administered by the Washington State Department of Health. CERTIFICATIONS 1. CERTIFICATION REGARDING DEBARMENT AND SUSPENSION The undersigned (authorized official signing for the contracting organization) certifies to the best of his or her knowledge and belief, that the contractor, defined as the primary participant in accordance with 45 CFR Part 76, and its principals: The contractor agrees by signing this contract that it will include, without modification, the clause titled "Certification Regarding Debarment, Suspension, In eligibility, and Voluntary Exclusion --Lower Tier Covered Transactions" in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions in accordance with 45 CFR Part 76. a) are not presently debarred, suspended, proposed for debarment, declared ineligible, 2. CERTIFICATION REGARDING or voluntarily excluded from covered DRUG -FREE WORKPLACE transactions by any Federal Department or REQUIREMENTS agency; b) have not within a 3-year period preceding this contract been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and d) have not within a 3-year period preceding this contract had one or more public transactions (Federal, State, or local) terminated for cause or default. Should the contractor not be able to provide this certification, an explanation as to why should be placed after the assurances page in the contract. The undersigned (authorized official signing for the contracting organization) certifies that the contractor will, or will continue to, provide a drug -free workplace in accordance with 45 CFR Part 76 by: a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; b) Establishing an ongoing drug -free awareness program to inform employees about (1) The dangers of drug abuse in the workplace; (2) The contractor's policy of maintaining a drug -free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance programs; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; c) Making it a requirement that each employee to be engaged in the performance of the contract be given a copy of the statement required by paragraph (a) above; 2011-2014 Consolidated Contract Page 11 of 17 123 DOH CONTRACT #: C16907 d) Notifying the employee in the statement required by paragraph (a), above, that, as a condition of employment under the contract, the employee will (1) Abide by the terms of the statement; and (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; e) Notifying the agency in writing within ten calendar days after receiving notice under paragraph (d)(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every contract officer or other designee on whose contract activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; f) Taking one of the following actions, within 30 calendar days of receiving notice under paragraph (d) (2), with respect to any employee who is so convicted— (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; g) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). For purposes of paragraph (e) regarding agency notification of criminal drug convictions, DOH has designated the following central point for receipt of such notices: Compliance and Internal Control Officer Office of Grants Management WA State Department of Health PO Box 47905 Olympia, WA 98504-7905 3. CERTIFICATION REGARDING LOBBYING Title 31, United States Code, Section 1352, entitled "Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions," generally prohibits recipients of Federal grants and cooperative agreements from using Federal (appropriated) funds for lobbying the Executive or Legislative Branches of the Federal Government in connection with a SPECIFIC grant or cooperative agreement. Section 1352 also requires that each person who requests or receives a Federal grant or cooperative agreement must disclose lobbying undertaken with non -Federal (nonappropriated) funds. These requirements apply to grants and cooperative agreements EXCEEDING $100,000 in total costs (45 CFR Part 93). The undersigned (authorized official signing for the contracting organization) certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2011-2014 Consolidated Contract Page 12T214 DOH CONTRACT #: C 16907 (2) If any funds other than Federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. (If needed, Standard Form- LLL, "Disclosure of Lobbying Activities," its instructions, and continuation sheet are included at the end of this application form.) (3) The undersigned shall require that the language of this certification be included in the award documents for all subcontracts at all tiers (including subcontracts, subcontracts, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 4. CERTIFICATION REGARDING PROGRAM FRAUD CIVIL REMEDIES ACT (PFCRA) The undersigned (authorized official signing for the contracting organization) certifies that the statements herein are true, complete, and accurate to the best of his or her knowledge, and that he or she is aware that any false, fictitious, or fraudulent statements or claims may subject him or her to criminal, civil, or administrative penalties. The undersigned agrees that the contracting organization will comply with the Public Health Service terms and conditions of award if a contract is awarded. 5. CERTIFICATION REGARDING ENVIRONMENTAL TOBACCO SMOKE Public Law 103-227, also known as the Pro - Children Act of 1994 (Act), requires that smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used routinely or regularly for the provision of health, day care, early childhood development services, education or library services to children under the age of 18, if the services are funded by Federal programs either directly or through State or local governments, by Federal grant, contract, loan, or loan guarantee. The law also applies to children's services that are provided in indoor facilities that are constructed, operated, or maintained with such Federal funds. The law does not apply to children's services provided in private residence, portions of facilities used for inpatient drug or alcohol treatment, service providers whose sole source of applicable Federal funds is Medicare or Medicaid, or facilities where WIC coupons are redeemed. Failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. By signing the certification, the undersigned certifies that the contracting organization will comply with the requirements of the Act and will not allow smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. The contracting organization agrees that it will require that the language of this certification be included in any subcontracts which contain provisions for children's services and that all subrecipients shall certify accordingly. The Public Health Services strongly encourages all recipients to provide a smoke -free workplace and promote the non- use of tobacco products. This is consistent with the PHS mission to protect and advance 2011-2014 Consolidated Contract Page 111129 DOH CONTRACT #: C16907 the physical and mental health of the American people. 6. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS INSTRUCTIONS FOR CERTIFICATION 1) By signing and submitting this proposal, the prospective contractor is providing the certification set out below. 2) The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective contractor shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective contractor to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3) The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective contractor knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4) The prospective contractor shall provide immediate written notice to the department or agency to whom this contract is submitted if at any time the prospective contractor learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5) The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the person to whom this contract is submitted for assistance in obtaining a copy of those regulations. 6) The prospective contractor agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by DOH. 7) The prospective contractor further agrees by submitting this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transaction," provided by HHS, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8) A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (of excluded parties). 9) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10) Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, DOH may terminate this transaction for cause or default. 2011-2014 Consolidated Contract Page 14 jf26 DOH CONTRACT #: C16907 7. CERTIFICATION REGARDING public transaction; violation of Federal DEBARMENT, SUSPENSION, AND or State antitrust statutes or commission OTHER RESPONSIBILITY MATTERS of embezzlement, theft, forgery, bribery, -- PRIMARY COVERED falsification or destruction of records, TRANSACTIONS making false statements, or receiving stolen property; 1) The prospective contractor certifies to the c) Are not presently indicted for or best of its knowledge and belief, that it and otherwise criminally or civilly charged its principals: by a governmental entity (Federal, State a) Are not presently debarred, suspended, or local) with commission of any of the proposed for debarment, declared offenses enumerated in paragraph (1)(b) ineligible, or voluntarily excluded from of this certification; and covered transactions by any Federal d) Have not within a three-year period department or agency; preceding this contract had one or more b) Have not within a three-year period public transactions (Federal, State or preceding this contract been convicted local) terminated for cause or default. of or had a civil judgment rendered against them for commission of fraud or 2) Where the prospective contractor is unable a criminal offense in connection with to certify to any of the statements in this obtaining, attempting to obtain, or certification, such prospective contractor performing a public (Federal, State or shall attach an explanation to this proposal. local) transaction or contract under a CO]vTRACTOR SIGNATURE REQUIRED SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE A Health Dept. Di=W Please also print or type name: Regina A, Delahunt, Diredor ORGANIZATION NAME: (if applicable) DATE � :... ��dI't HC1i1U 2011-2014 Consolidated Contract Page 15 a6fA DOH CONTRACT #: C 16907 01 3. ASSURANCES — NON CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0040), Washington, DC 20503 PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Note: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the contractor, I certify that the contractor: Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non -Federal share of project cost) to ensure proper planning, management, and completion of the project described in this application. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or agency directives. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 334728-4763) relating to prescribed standards for merit systems for programs funded under one of the 19 statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C..1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 3794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. 33 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g) 33 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 33 290 dd-3 and 290 ee 3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and 0) the requirements of any other nondiscrimination statute(s) which may apply to the application. Will comply, or has already complied, with the requirements of Titles II and III of the uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 2011-2014 Consolidated Contract Page 16 of 17 128 DOH CONTRACT #: C 16907 8. Will comply, as applicable, with the provisions of the Hatch Act (5 U.S.C.,1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with 12 Federal funds. 9. Will comply, as applicable, with the provisions of the Davis -Bacon Act (40 U.S.C. 33276a to 276a-7), the Copeland Act (40 U.S.C. 3276c and 18 U.S.C. 33874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. 33 327-333), regarding labor standards for federally assisted construction subagreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C.,1451 et seq.); (f) conformity of Federal actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. .7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-523); and (h) protection of endangered species under the CONTRACTOR SIGNATURE REQUIRED 13. Endangered Species Act of 1973, as amended, (P.L. 93- 205). Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C..1721 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. Will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. .470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C.,469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C.,2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C.,4801 et seq.) which prohibits the use of lead- based paint in construction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and OMB Circular No. A-133, Audits of States, Local Governments, and Non -Profit Organizations. 18. Will comply with all applicable requirements of all other Federal laws, .executive orders, regulations and policies governing this program. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ✓w �._� 11.,�.,._ HPAth DEpL_Dite ft Please als print or type name: Regina A. Delahunt, Director ORGANIZATION NAME: (if applicable) DATE 101-1 �1Y If iPUTi1 Li.{.,. 2011-2014 Consolidated Contract Page 17 of 17 129 PROGRAM APPROVAL Terry Hinz, Ass STATE OF WASHINGTON COUNTY OF WHATCOM Z,` `�— `� Date WHATCOM COUNTY JACK LOUWS County Executive On this day of , 2012, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. APPROVED AS TO FORM: Deputy Prosec ng Attorney NOTARY PUBLIC in and for the State of Washington, residing at Bellingham. 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UN rn 0� 0 � m 177 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-036 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Debbie Originator: l /2//s/I, F E E� V E D 1/10/12 Council Jon Hutchings Division Head: JAN 0 3 2012. Dept. Heaa �hI ryp VYHATCOM COUNTY f COUNCIL Dan Gibson Prosecutor: dal'µ J�, / Brad Bennett bb 12/5/11 Purchasin ud et: Pete Kremen V ^ �� Executive: VAOR TITLE OF DOCUMENT: Cedarville and Y Road Landfill Monitoring Services ATTACHMENTS: 1. Memorandum 2. Contract 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.) Services to provide required monitoring services for the Cedarville and Y Road Landfills. 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. 178 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR [Eel THROUGH: FROM: RE: DATE: ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www.whatcomcounty.us FAbart@co. whatcom. wa. us MEMORANDUM The Honorable Jack Louws, Whatcom County Executive Honorable Members of Whatcom County Council Frank M. Abart, Directory Jon Hutchings Cedarville and Y Road Landfill Monitoring Contract December 30, 2011 DEC 2 8 2011 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the contract for Cedarville and Y Road Landfill Monitoring Services between Bennett Engineering, LLC and Whatcom County for your review and signature. Public Works respectfully requests Council approval for the County Executive to enter into a contract for the sum of $46,290 with Bennett Engineering for the monitoring services. ■ Background and Purpose In response to a selective bid process (RFP #11-90), Bennett Engineering has been chosen to provide continuing monitoring services for both Cedarville and Y Road landfills as requested by the Department of Ecology and Whatcom County Health Department. ■ Funding Amount and Source This contract is for $46,290 (including contingencies), with two one-year renewals possible. Funding is From the Whatcom County Solid Waste Fund (Landfill — Post -Closure, 140201), approved in the 2011-2012 budget. ■ Differences from Previous Contract Previous contract for monitoring services also included studies/design of a new leachate alternative system for Cedarville, and was also amended to include the management of the new system construction. Please contact Debbie Bailey at extension 50292, if you have any questions or concerns regarding the terms of this agreement, Encl. 179 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a 0 / l la 0 .2,;t, Originating Department: Public Works/Solid Waste Contract Administrator: Debbie Bailey Contractor's / Agency Name: Bennett Engineering, LLC Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes—. No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Contract Yes X No If yes, RFP and Bid number(s) RFP #11-90 Cost Center: 140201 Is this contract excluded from E-Verify? No Yes X If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below: X Contract less than$100,000. X 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 oforig contract amt and If a Professional Services Agreement is more than $15,000 or a Bid is more than any prior amendments) $35,000, please submit an Agenda Bill for Council approval and a supporting $46,290.00 memo. Any amendment that provides either a 10% increase in amount or more This Amendment Amount: than $10,000, whichever is greater, must also go to Council and will need an $ agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary] Provide required monitoring services at the Cedarville and Y Road Landfills. Task 1: Ground Water and Leachate Monitoring - Cedarville Landfill Task 2: Surface Water Monitoring - Cedarville Landfill Task 3: NPDES Permit Sampling - Cedarville Landfill Task4: Ground Water, Surface Water, and Landfill Gas Monitoring - Y Road Landfills Term of Contract: One year I Expiration Date: 12/31 / 12 Contract Routing Steps & Signof. . rsign or initial] (indicate date transmitted] 1. Prepared by: DB Date 12/01/11 [electronic] 2. Attorney reviewed: Daniel L. Gibson Date_12/02/11 [electronic] 3. AS Finance reviewed: bbennett Date 12/05/ 11 [electronic] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff: Daniel L. Gibson Date_121102111 7. Contractor signed: ✓ Date / Z- 6 -1 l 8. Submitted to Exec Office ao Date /Z-Z$-lt [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original Returned to dept; Date 13. County Original to Council Date, Whatcom County Contract No. aoiii�oaa CONTRACT FOR SERVICES Landfill Monitoring Services Bennett Engineering, LLC, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 , Exhibit A (Scope of Work), pp. 8 to 12, Exhibit B (Compensation), pp. 13 to 15 , Exhibit C (Certificate of Insurance). Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 11 th day of January, 2012, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31st day of December, 2012. The general purpose or objective of this Agreement is to: provide required monitoring services for Cedarville and Y Road Landfills, as more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $ 46,290. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this day of 120 CONTRACTOR: Ben Tom Bennett, P.E., Principal STATE OF WASHINGTON } ss. COUNTY OF } On this unky ofall. 1, before me personally appeared Tom Bennett to me known to be the Principal of Bennett Engineering, LLC and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. in and for the State ;HMV commission 181 WHATCOM COUNTY: Recommended for Approval: Frank Abart, Department Director Date Approved as to form: Daniel Gibson, Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, 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. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Bennett Engineering, LLC Tom Bennett, P.E., Principal Address: 2000 Franklin St., Suite #101 Bellingham, WA 98225 Mailing Address: Same Contact Name: Tom Bennett, Contact Phone: (360) 671-2600 Contact FAX: (360) 671-0122 Contact Email: tomb(vbennettengr.com 182 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term. - Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 11.1 Termination for Default: If the Contractor defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to the Contractor in the U.S. mail, first class postage prepaid, terminate the contract, and at the County's option, obtain performance of the work elsewhere. Termination shall be effective upon Contractor's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the Contractor shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the County resulting from such default(s) shall be deducted from any money due or coming due to the Contractor. The Contractor shall bear any extra expenses incurred by the County in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the County by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement, and prior to its normal completion, the County may summarily terminate this Agreement as to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this Agreement. If the level of funding withdrawn, reduced or limited is so great that the County deems that the continuation of the programs covered by this Agreement is no longer in the best interest of the County, the County may summarily terminate this Agreement in whole, notwithstanding any other termination provisions of this Agreement. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: Not Applicable Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 183 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Intemal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractors gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be fumished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/shefit maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attomeys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting_ The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The Contractor, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the County or acquired by the Contractor in performance of this Agreement, except upon the prior written consent of the County or an order entered by a court after having acquired jurisdiction over the County. Contractor shall immediately give to the County notice of any judicial proceeding seeking disclosure of such information. Contractor shall indemnify and hold harmless the County, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from Contractor's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement: If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance is attached hereto as Exhibit "C". 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. 185 Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Cfient Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Jon Hutchings, Asst. PW Director. 322 N.Commercial, St., Ste 210, Bellingham, WA 98225. 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable . 38.3 E-Verify: Not Applicable Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional_ c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise conceming the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be govemed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. 187 EXHIBIT "A" (SCOPE OF WORK) Task 1: Ground Water and Leachate Monitoring — Cedarville Landfill Task 1. 1: Project Management Project management includes project setup, invoice review, and meetings and correspondence with the County and outside vendors. Task 1.2: Semi Annual Ground Water Sampling Ground water samples will be collected on a semi-annual basis (April and October events) in accordance with the Cedarville SAP. The static water level in all 17 monitoring wells will be measured prior to sampling. A total of 11 monitoring wells will be sampled using low -flow techniques with a peristaltic pump (shallow wells MW-1, 10, and 11) or portable submersible pump (deep wells MW-2, 3, 4, 5, 6, 7, 13D, and 14D). Ground water monitoring will be performed by two field personnel and will consist of the following work items: 1. The depth to water will be measured to the nearest 0.01 foot in all monitoring wells using an electric water level indicator, and recorded in the field data sheets. 2. The 11 sampled wells will be purged at approximately 0.5 liter per minute. Purge water will be disposed on the ground adjacent to the respective wells. The water level probe will be used to monitor changes in water level during purging. The purge rate will be adjusted to minimize ground water drawdown in the well. 3. Field parameters, including electrical conductivity, pH, oxidation-reduction potential (ORP), and temperature, will be measured with field instruments during purging. Sampling will begin when these parameters have stabilized. 4. Ground water samples will be collected from the discharge stream of the purrip and will be placed directly into the appropriate sample containers provided by Edge Analytical (Edge). Field parameter readings, date, time, weather conditions and any special field observations will be recorded on field data sheets for each monitoring well. 5. Sample bottles will be labeled with the date, sample location, sample depth, and sampler's name and placed into a cooler with ice or ice -substitute. 6. Duplicate, field blank, and trip blank samples will be prepared and analyzed in accordance with the Cedarville SAP. Sampling equipment will be decontaminated between each well using a triple rinse technique, which includes scrubbing the equipment with a laboratory -grade detergent, and a double rinse with distilled water. Wash and rinse water will be disposed on the ground at the site. Task 1.3., Semi Annual Landfill Inspection A visual inspection of the landfill facilities will be performed during the April and October events, including the following items (at a minimum): • landfill cover regarding vegetation and indications of erosion, seepage, or subsidence; • stormwater facilities regarding ponding, obstruction of ditches, and indications of erosion; • leachate management system with respect to general physical condition and operation. Task 1.4: Annual Leachate Sampling Leachate samples will be collected during the October event. Historically, leachate samples have been obtained from the sample tap in the effluent transfer station (ETS) building; however, the ETS building is scheduled to be demolished during the summer of 2012 as part of the proposed LMS improvements at the landfill. Leachate samples will likely be collected from the manhole structure located at the north end of the landfill using a disposable bailer. Field parameter readings, date, time of sampling, weather conditions, and special field observations will be recorded on the field data sheets. Task 1.5: Well Sounding and Inspectron The physical condition of all wells will be inspected during each sampling event. The bottom elevation of the wells will be measured during the April event and compared to previous readings to determine the depth of sediment accumulation and evaluate the need for well re -development. Ground water elevation, bottom elevation, well condition, and any special observations will be recorded on field data sheets for each well. Task 1.6: Semi Annual Report The Semi -Annual Report associated with the April event will include a discussion of site conditions observed during the landfill inspection, laboratory quality assurance results, water quality data, and ground water flow direction and velocity. Summary tables will be prepared for the water quality results and parameters exceeding applicable ground water (WAC 173-200) or surface water (WAC 173-201A) standards will be highlighted. A ground water contour map, field data sheets, and laboratory results will be attached to the report, along with chain -of -custody documentation regarding sample handling. Originals of the Semi -Annual Report will be submitted to the WCPWD, WCHD, and Ecology within 30 days of receipt of the analytical data. Task 1.7: Annual Report The Annual Report will be prepared following the October event and will include time -series plots for conductivity, chloride, and total iron and manganese, qualitative analysis of water quality trends, summary tables of historic analytical data, and the other data as previously described for the Semi -Annual Report. Originals of the 2012 Annual Report will be submitted to the WCPWD, WCHD, and Ecology prior to December 31, 2012. Task 1.8 Laboratory Analysis Bennett will hand -deliver water samples to Edge on the day of the monitoring events. We Task 2: Surface Water Monitoring — Cedarville Landfill Task 2.1 Quarterly Sampling and Site Inspection Stormwater monitoring and inspection services will be conducted by a single individual in accordance with ISGP #WAR-001280E, which calls for quarterly observations for oil sheen, and surface water sarripling and analysis of the following parameters: pH (field), turbidity, BOD(5), total suspended solids, total copper and zinc, ammonia, alpha terpineol, benzoic acid, p-cresol, and phenol. Visual inspections are performed during the quarterly events, and include observations of uncontrolled discharges to ground, Iloating materials, visible sheens, discoloration, turbidity, and odor. Task 2.2 Quarterly Discharge Monitoring Reports and Visual Inspection Reports Quarterly Discharge Monitoring Reports (DMRs) will be prepared and submitted to the County prior to the 15th day of the month following the respective quarter. The DMRs are reviewed by County staff, signed by the authorized County representative, and forwarded to Ecology. Separate Visual Inspection Reports will be submitted with -the DMRs to the County for their files. The Visual Inspection Reports will summarize site observations and provide a list of recommended actions, if necessary. A separate dry season inspection and report are completed during the Third Quarter (July through September) following seven days of dry weather. The Annual Dry Season Inspection Report will be' submitted to the WCPWD by September 15, 2012. Task 2.3 LaboratoryAnalysis Bennett will hand -deliver water samples to Edge immediately following the sampling events. Task 3: NPDES Permit Sampling - Cedarville Landfill Task 3.1: Monthly Sampling Events Monthly sampling and analysis of the treated effluent from the LMS will be performed at the pond discharge manhole (Outfall #1), in accordance with the conditions of the NPDES Permit. The scope of work for this task assumes that discharge will occur during the months of November and December 2012 (2 sampling events total). Bennett will also measure field parameters (pH, conductivity, and temperature) during each sampling event. Task 3.2. Discharge Monitoring Reports Discharge Monitoring Reports (DMR) will be prepared each month (2 total). Two original DMRs will be submitted to the WCPWD for review and signature prior to the 15th day of the month following the sampling event. The County will forward one signed original to Ecology. An electronic copy of the DMR will be submitted via e-mail to the County in PDF format. Task 3.3 LaboratoryAnalysis Bennett will submit the effluent samples to Edge immediately following the sampling event. io 190 Task 4: Ground Water, Surface Water, and Landfill Gas Monitoring -Y-Road Landfills Landfill monitoring will be performed at the Y-Road Landfills in accordance with the Revised Sampling and Analysis Plan—•Whatcom County Y-Road Landfills (Y-Road SAP, original dated 2003, updated 2011). The WCHD approved a change from quarterly to semi-annual monitoring for the Y- Road Landfills, starting in 2011. The semi-annual monitoring events are scheduled for January and July 2012. Specifically, this task will include the work items listed below. Task 4.1: Semi Annual Ground and Surface Water Sampling Semi-annual ground water sampling will be conducted using low -flow methods, in accordance with the Y-Road SAP. The sampling program will include the following work items: 1. The depth to water and depth to bottom will be measured to the nearest 0.01 foot in MW-1, 3, 4, 5, 6, 7, 8, and 9 using an electric water level indicator, and recorded in the field data sheets. The bottom elevations will be compared to previous readings to determine the depth of sediment accumulation and evaluate the need for well re -development. 2. Monitoring wells MW-1, 9, 3, and 4 will be purged with a peristaltic pump at approximately 0.5 liter per minute. Purge water will be disposed on the ground. The water level probe will be used to monitor changes in water level during purging. The purge rate will be adjusted to minimize ground water drawdown. Field parameters will be measured with field meters during purging. Sampling will begin when these parameters have stabilized. Ground water samples will be collected directly from the discharge stream of the pump in appropriate sample containers provided by Edge. 3. The leachate sampling well, MW-5, will be sampled with a disposable polyethylene bailer. Bailer samples will be transferred to a dedicated polyethylene sample bottle and then to the sample containers. 4. Field parameter readings, date, time, weather conditions and any special field observations will be recorded on field data sheets for each monitoring well. 5. Sample bottles will be labeled with the date, sample location, sample depth, and sampler's name and placed into a cooler with ice or ice -substitute. 6. Duplicate, field blank, and trip blank samples will be prepared and analyzed in accordance with the Y-Road SAP. 7. Field sampling equipment will be decontaminated as described under Task 1.2. Surface water sampling in Carpenter Creek will be performed using a polyethylene sample bottle immersed in the water with the mouth away from, and upstream of, sampling personnel to avoid possible inclusion of suspended sediment. Surface water samples will be transferred to appropriate sample bottles supplied by Edge. Field parameter readings, date, time, weather conditions and any special field observations will be recorded on the field data sheet. A visual inspection will also be performed during the semi-annual monitoring events, and will include the following items (at a minimum): • landfill cover regarding vegetation and indications of erosion, seepage, or subsidence; • stormwater facilities regarding ponding, obstruction of ditches, and indications of erosion; • ground water and gas monitoring wells with respect to physical condition; and ii 191 flow in Carpenter Creek. Task 4.2. Semi -Annual Gas Probe Monitoring Methane gas concentrations will be measured at the seven gas monitoring wells at the Y-Road II Landfill using a combustible gas meter. The gas meter will be calibrated by the vendor using a 25% LEL methane standard and ambient oxygen conditions. Gas pressures will be measured at each well to the nearest 0.01 inches of water column using a digital manometer. The barometric pressure during the individual sampling events will be obtained from data recorded by the National Weather Service at the Bellingham International Airport. Task 4.3. Semi -Annual Report The semi-annual report will include a discussion of site conditions observed during the January monitoring event, narrative analysis of water quality results, evaluation of ground water flow direction and velocity, and summary tables for water quality and gas monitoring results. Ground water contour maps for the Y-Road I and II Landfills, field data sheets, and laboratory results will be attached to the reports, along with chain -of -custody documentation regarding sampling handling. Parameters exceeding applicable ground water (WAC 173-200) or surface water (WAC 173-201A) standards will be highlighted. Originals of the Semi -Annual Report will be submitted to the WCPWD and WCHD within 30 days of receipt of the analytical data. Task 4.4 Annual Report The annual report will be prepared following the July monitoring event and will include time -series plots for conductivity, chloride, and total barium, iron, and manganese, qualitative analysis of water quality trends, summary tables of historic analytical data, and other data as previously described under Task 4.3 for the semi-annual report. Originals of the 2012 Annual Report will be submitted to the WCPWD and WCHD prior to September 30, 2012. Task 4.5 Laboratory Analysis Bennett will hand -deliver water samples to Edge on the day of the semi-annual monitoring events. Samples to be analyzed for dissolved metals will be filtered at the lab. 12 192 EXHIBIT "B" (COMPENSATION) TASK 1 - GROUND WATER AND LEACHATE MONITORING - CEDARVILLE LANDFILL. RECOMMENDED BUDGET Task 1.1 - Project Management Time Rate Total Project Setup j 5 12 $105.00 $105.00 $525.00 $1,260.00 Invoice Review Correspondence With County and Outside Vendors 12 $105.00 $1,260.00 Task 1.1 Total $3,045.00 Task 1.2 - Semi -Annual Ground Water Sampling Events Time/Event �te Total Water Monitoring Event (April and October Events 2 22 $84.00 $3,696.00 Sampling Equipment/Supplies w/ 7.5% Marko 2 $1,300.00 T $2,600.00 Task 1.2 Total $6,296.00 Task 1.3 - Semi -Annual Landfill Inspection Events Time/Event Rate Total Semi -Annual Inspection Event (April and October Events 2 1 $84.00 $168.00 Task 1.4 - Annual Leachate Sampling Events Time/Event Rate Total Annual Monitoring October Event 1 1 $84.00 $84.00 I Task 1.5 - Well Sounding and Inspection Events Time/Event Rate Total Semi -Annual Inspection (April and October Events 2 1 $84.00 $168.00 Task 1.6 - Semi -Annual Report Time Rate Total Semi -Annual Ground Water Monitoring Report (April Event 10 $105.00 $1,050.00 Data. Validation/Database Maintenance 2 $95.00 $190.00 Drafting - Ground Water Contour Maps 2 $78.00 $156.00 Task 1.6 Total $1,396.00 Task 1.7 - Annual Report Time Rate Total Annual Report October Event 16 $105.00 $1,680.00 Data Validation/Database Maintenance 2 $95.00 $190.00 Time Series Plots 8 $95.00 $760.00 Drafting - Ground Water Contour Maps 2 $78.00 $156.00 Task 1.7 Total $2,786.00 Task 1.8 - Laboratory Analysis (Edge Analytical) (11 Monitoring Wells/Duplicate/Field Blank/Leachate) Quantity Rate Total Total Suspended Solids 24 $12.00 $288.00 Total Dissolved Solids 25 $12.00 $300.00 Chloride 25 $12.00 $300.00 Nitrate 24 $12.00 $288.00 Nitrite 24 $12.00 $288.00 Ammonia 25 $12.00 $300.00 Total Organic Carbon 25 $26.00 $650.00 Chemical Oxygen Demand I 25 $21.00 $525.00 Total Metals (Ba, Fe, Mn, Zn + Lab Digestion 27 $50.00 $1,350.00 Volatile Organic Compounds 1 $175.00 $175.00 Task 1.8 Subtotal $4,464.00 Marko 7.5% $335.00 Task 1.8 Total $4,799.00 TASK 1 TOTAL: $18,742.00 .- TASK 2 - SURFACE WATER MONITORING - CEDARVILLE LANDFILL RECOMMENDED BUDGET Task 2.1 - Quarterly Sampling and Site Inspection Events Time/Event Rate Total Quarterly Sampling Events 4 4 $84.00 $1,344.00 Quarterly Visual Inspection (Including Annual Dry Season Inspection) 4 1 $84.00 $336.00 Task 2.1 Total $1,680.00 Task 2.2 - Quarterly Discharge Monitoring ReportsNisual Events I Time/Event Rate Total 13 193 Insp. Reports Quarterly Discharge Monitoring Reports 4 j 1 $95.00 $380.00 Quarterly Visual Inspection Report 4 1 $95.00 $380.00 Annual Dry Season Inspection Report 1 1 $95.00 $95.00 Task 2.2 Total $855.00 Task 2.3 - Laboratory Analysis (Edge Analytical) Quantity Rate Total Biological Oxygen Demand j 4 $35.00 $140.00 Total Suspended Solids 4 $12.00 $48.00 Turbidity 4 $12.00 $48.00 Total Metals Cu and Zn 2 $25.00 $50.00 Ammonia 4 $12.00 $48.00 Alpha Ter ineol/BenzoicAcid/p-Cresol/Phenol 4 $320.00 $1,280.00 Task 2.3 Subtotal $1,614.00 Markup 7.5% $121.00 Task 2.3 Total j $1,735.00 TA SK-Z TOTAL:.. $4;270 00 TASK 3 - NPDES PERMIT SAMPLING - CEDARVILLE LANDFILL RECOMMENDED BUDGET Task 3.1 - Monthly Sampling Events Time/Event i Rate Total Field Sampling Events November/December 2012 2 4 $84.00 $672.00 Task 3.2 - Monthly Discharge Monitoring Reports Events Time/Event Rate Total Discharge Monitoring Reports 2 2 $105.00 $420.00 Task 3.3 - Laboratory Analysis (Edge Analytical) Quantity Rate Total Biological Oxygen Demand 2 $35.00 $70.00 Total Suspended Solids 2 $12.00 $24.00 Total Dissolved Solids 2 $12.00 $24.00 Turbidity 2 $12.00 $24.00 Chloride 2 $12.00 $24.00 Sulfate 2 $12.00 $24.00 Nitrate 2 $12.00 $24.00 Nitrite 2 $12.00 $24.00 Dissolved Oxygen j 2 $12.00 $24.00 Total Phosphorus 2 $12.00 $24.00 Hardness 2 $12.00 $24.00 Total Organic Carbon 2 $26.00 $52.00 Total Metals As, Ba, Cr, Cu, Fe, Mn, Ni, and Zn 2 $8070-0-7 $160.00 Ammonia 2 $12.00 j $24.00 Alpha Te ineol/Benzoic Acid/-Cresol/Phenol 2 $320.00 $640.00 Task 3.3 Subtotal 1 $1,186.00 Markup 7.591. $90.00 Task 3.3 Total $1,276.00 TASK 3 TOTAL ; TASK 4 - GROUND WATER, SURFACE WATER, AND LANDFILL RECOMMENDED BUDGET GAS MONITORING - Y-ROAD LANDFILL Task 4.1 - Semi -Annual Ground and Surface Water Sampling Events Time/Event Rate j Total Sampling Events and Inspection 2 20 $84.00 $3,360.00 Sam l ng Equipment/Supplies w/ 7.5% Markup) 2 $300.00 $600.00 Task 4.1 Total $3,960.00 Task 4.2 - Semi -Annual Gas Probe Monitoring Events Time/Event Rate Total Gas Monitoring Events 2 2 $84.00 $336.00 Task 4.3 - Semi -Annual Report Time Rate Total Report Pre arabon 10 1 $105.00 $1,050.00 Data Validation/Database Maintenance 2 $84.00 $168.00 Drafting - Ground Water Contour Maps ' 2 $78.00 $156.00 Task 4.3 Total $1,374.00 Task 4.4 - Annual Report I Time Rate Total Report Preparation 16 $105.00 $1,680.00 14 194 Data Validation/Database Maintenance 3 $84.00 $252.00 Time Series Plots 8 $84.00 $672.00 Drafting -Ground Water Contour Maps 2 $78.00 $156.00 Task 4.4 Total $2,760.00 Task 4.5 - Laboratory Analysis (Edge Analytical) 4 Monitoring Wells/Field Blank/Duplicate/Leachate/Surface Water Quantity Rate Total Total Suspended Solids 16 $12.00 $192.00 Total Dissolved Solids ; 16 $12.00 $192.00 Turbidity 16 $12.00 $192.00 Chloride 16 $12.00 $192.00 Nitrate 16 $12.00 $192.00 Nitrite 16 $12.00 $192.00 Ammonia 16 $12.00 $192.00 Total Or anic Carbon 16 $26.00 $416.00 Hardness 2 $18.00 $36.00 Sulfate 16 $12.00 $192.00 Chemical Oxygen Demand 14 $21.00 $294.00 Biochemical O en Demand 2 $35.00 $70.00 Dissolved Metals As, Ba, Fe, Mn, H , Pb, Zn + Lab Filtration 14 $100.00 $1,400.00 Total Metals As Ba, Fe, Mn, H , Pb, Zn 16 $100.00 $1,600.00 Dissolved Zn + Lab Filtration Surface Water Sample) 2 $25.00 I $50.00 Full Suite Total Metals -Annually at MW-5 ' 1 $150.00 $150.00 Volatile Organic Compounds + Trip Blank 1 $175.00 $175.00 Semi - Volatile Organic Compounds 1 $300.00 $300.00 Task 4.5 Subtotal $6,027.00 Markup .5% $453.00 Task 4.5 Total $6,480.00 TASK 4 TO TAL '. Z M"n"CSE`:`t��5.„�i.4�' RECOMMENQED PROJECT BUDGET:•_46,290Q0* *As noted on the first page of the contract, this figure is an amount not to be exceeded, with compensation up to that amount to be calculated for authorized work at the rates established within the exhibit above. 15 195 2012 SCHEDULE OF FEES — BENNETT ENGINEERING, LLC Charges for services provided by Bennett Engineering, LLC will be invoiced on the basis of the following schedule of fees for personnel spending time directly attributable to the project unless a stipulated amount is so indicated in the proposal or service agreement. Current rates are as follows: PERSONNEL: TASK CODE RATE PROJECT ENGINEER ........................................ 400................................ $ 78.00 SENIOR ENGINEER I ......................................... 500................................ $ 84.00 SENIOR ENGINEER II ........................................ 510................................ $ 95.00 PROJECT MANAGER........................................520................................$105.00 PRINCIPAL ENGINEER ................................. 610................................ $115.00 HEARING/EXPERT TESTIMONY .......................700................................$125.00 EXPENSES: Subconsultant Services..............................................................................Cost + 7.5% Direct Project Expenses............................................................................. Cost + 7.5% Field equipment will be charged in accordance with the following schedule: EQUIPMENT: Disposable Bailers, each............................................................................$10.00 Peristaltic Pump, per day........................................................................... $50.00 Soil Sampling Equipment, per day.............................................................$50.00 Field Monitoring Equipment, per day..........................................................$25.00 Field Filter/Purge Pump and Assembly, per day.........................................$50.00 BENNETT ENGINEERING, LLC 2012 SCHEDULE OF FEES 196 Ex tI l b l t "C" ACC>Ro® CERTIFICATE OF LIABILITY INSURANCE OP ID ST 7DATE,,IMMIDDNYYY)/16/10 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. Astatement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). The Unity Group - Bellingham 110 Unity Street, P.O. Box X Bellingham WA 98227 Phone:360-647-9000 Fax:360-734-8496 INSURED Bennett Engineering LLC Thomas E. Bennett P.E. 2000 Franklin St Ste 101 Bellingham WA 98225 CUSTOMERID#: BENNE-4 INSURER(S) AFFORDING COVERAGE INSURERA: American States Insurance INSURER B : CNA Insurance Co. INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: NAIC # 37214 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES_ LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRPOLICY TYPE OF INSURANCE INSR WVD POLICY NUMBER F" (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7 OCCUR �01CG28090990 12/31/10 12/31/11 EACH OCCURRENCE $1,000,000 tu PREMISES(Eaccocurrenca) I $200,000 MED EXP (Any one person) $ 10 , 000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN.L AGGREGATE LIMIT APPLIES PEP, X POLICY F7 PROJECT LOC PRODUCTS - COMP/OP AGG $2,000,000 $ AUTOMOBILE LIABILITY AL ONED AUTOS W ALL L OWNED SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACHOCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER(EXECUTIVE�� OFFICER/MEMBER EXCLUDED? L J (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA W A - TORY LIMITS ER E.L.EACH ACCIDENT $ E.L DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ B Professional Liab AEH254046285 01/10/11 01/10/12 Prof Liab 1,000,000 Retenetio 5,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) ggr7cts:#11003- Y-Road & Cedarville Landfills, 2011 Monitoring &Reporti #11004-Whatcom Co Shops Facility Ground Water Monitoring &Reporting; M005 -Whatcom County Shops Facility, Atormwater Monitoring &Reporting CERTIFICATE HOLDER CANCELLATION WHAT Whatcom County Public Works Department 322 N. Commercial St. Ste 210 Bellingham WA 98225 ACORD 25 (2009109) The ACORD name and logo are SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. marks of ACORD All rights reserved. 197 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-038 CLEARANCES Initial Date Date Received in Council Offike Agenda Date Ass! ned to: Originator: F15) j� � � � � n � � �C v 1 / 10/ 12 Council Division Head: JAN 0 3 2012. Dept. Hea WHATCOM COUNTYd: Prosecutor: � COUNCIL Purchasing/Budget: Executive: 1 TITLE OF DOCUMENT. Resolution Ordering the Cancellation of Checks More than Two Years Old Whatcom County Jail Inmate Trust Fund Outstanding Checks ATTACHMENTS. Above mentioned resolution and list of unreturned checks. 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. The attached resolution will allow Administrative Services and the Treasurer's Office to cancel the enclosed checks listed in Exhibit A and enable them to report and remit those funds to DOR Unclaimed Property Division. COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF CHECKS MORE THAN TWO YEARS OLD WHEREAS, RCW 63.29.130, states that property held by courts and public agencies that remains unclaimed by the owner for more than two years is presumed abandoned; and, WHEREAS, the Whatcom County Sheriff s Office/Jail has provided a list of inmate trust fund checks that were issued prior to 12-31-09 and never presented or claimed by the owner. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed, pursuant to RCW 63.29, to cancel the checks listed in Exhibit A, and to report and remit those funds to DOR Unclaimed Property Division. APPROVED this day of , 2011. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair APPROVED as to form: Civil Deputy P ose, for 199 WHATCOM COUNTY JAIL INMATE TRUST FUND ACCT# 473511007261 OUTSTANDING CHECKS - - 2008 FOR THE MONTH ENDING - SEPTEMBER 31, 2011 CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 1/1/08 42828 LITTLE, BRIAN JAMES 181848 $1.28 1/1/08 42829 SIMS, RAYMOND WESLEY JR 181823 $1.56 1/2/08 41660 PHAIR, DENNIS JON 181246 $0.43 1/2/08 42831 DUNSMORE, CORDELL DONALD 181851 $0.55 1/2/08 42839 NELSON, PAULA M 181843 $2.08 1/3/08 41663 ANDERSON, CORY MICHAEL 180924 $0.03 1/4/08 42853 AVANT, SHAWN 176605 $0.52 1/4/08 42856 FIMBRES, GABRIEL RECARDO 181927 $0.18 1/5/08 42860 SPEARS, BRUCE FREDERICK 181949 $19.35 1/8/08 42903 JULIUS, JESSE JOSEPH 181566 $1.40 1/9/08 42913 CAMPBELL, DAVID SCOTT 182055 $1.10 1/10/08 41673 MATTIS, TODD DANIEL 181161 $0.98 1/11/08 41674 LEE, ROBERT VINCENT 180307 $0.20 1/11/08 42923 ESQUEDA, TINA 182031 $0.84 1/11/08 42931 STONEKING, JERRY CARL JR 182119 $0.53 1/12/08 42933 BAXTER, JAYME LEE 182138 $106.14 1/13/08 42940 DUGI-PAEZ, CLAUDINE 182140 $1.56 1/13/08 42943 BESSETTE, DYLAN CAPEHART 182159 $1.52 1/14/08 42946 CARR, MATTHEW RUSSELL 181532 $0.15 1/15/08 41681 SOLOMON, ARTHUR PAUL 181702 $0.74 1/16/08 42981 MARROM, JESSE RYAN 182211 $0.50 1/17/08 41685 WILLIAMS, RANDALL DEAN 180799 $0.09 1/17/08 41686 MONTOYA, CIARA ANN 179543 $0.24 1/17/08 42992 WILLIAMS, JOSHUA LEIF 182269 $13.13 1/17/08 42999 BUCKMASTER, PATRICK DONALD 182271 $2.79 1/17/08 43001 WILLIS, ATTICUS TIMOTHY 181183 $0.40 1/18/08 43005 JOHNSON, DANIEL EDWARD 182298 $6.39 1/19/08 43013 MURRAY, MITCHELL DEAN CUNANAN, NICHOLAS RABANG 178174 $0.50 1/19/08 43019 182283 $2.84 1/19/08 43022 OCHSNER, JORDAN EDWARD NORMAN 182344 $11.00 1/20/08 41690 RETASKET, STEVEN JERRY 182098 $0.20 1/20/08 43028 ASMUNDSON, STEVE JAMES 182306 $0.71 1/20/08 43029 KENNEDY, SCOTT MICHAEL 182357 $0.18 1/22/08 41694 PRAK, SAMEARTH 182017 $0.12 1/22/08 43034 VANDUISEN, MICHAEL DARKEN 182103 $1.38 1/22/08 43036 LANE, BRIAN LUKE ERIC 180216 $2.43 1/22/08 43049 CHRISTY, BENJAMIN KENNETH 182400 $6.35 1/23/08 41697 PHUNG, TROUNG VAN _ 178757 $13.57 1/24/08 43064 PUENTE, JULIE ANNE 181600 $1.92 1/24/08 43065 ZOROTOVICH, TAMMY SUE 182295 $5.12 1/24/08 43066 CARPENTER, JOHN JOSEPH JR 182441 $5.66 1/24/08 43071 WILLIAMS, JERRY ODIS 182090 $0.88 1/24/08 43074 CARTER, JUSTIN RICHARD 178959 $0.25 1/25/08 43080 WICK, ASHLEY E 182022 $24.53 1/25/08 43082 _ COOVER, PAMELA JEAN 182246 $0.31 1/25/08 43084 VANDERVEEN, DIANE MARY 182466 $8.19 1/25/08 43100 PIKE, DANIEL JAMES 182305 $1.85 1/26/08 43090 BUSLACH, AMANDA JANE 182503 $1.64 1/27/08 43091 CLARK, NATHANIEL JOLLIE 181964 $0.48 Page 1 of 15 200 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 1/28/08 43204 MAI-IN, MICHAEL JAMES 182125 $0.70 1/28/08 43205 BECKER, GRANT WILLIAM 182524 $0.88 1/28/08 43211 DELGADO, JOHNNY JR 182440 $0.26 1/30/08 43107 CRAPSER, RYAN CHRISTOPHER 182275 $0.16 1/30/08 43108 LAWRENCE, JULIAN ANTHONY 181942 $0.51 1/30/08 43109 LEEN, NATHAN MICHAEL 181988 $1.37 1/31/08 43113 MILLS, NICHOLAS RANCE 182292 $12.97 2/1/08 43232 HAYES, ROBERT DANIEL 182170 $2.87 2/1/08 43241 WALKER, BENJAMIN MICHAEL 182605 $1.75 2/2/08 43242 TAYLOR, JORDAN TUNSTALL 181596 $21.92 2/2/08 43248 UNGER, MATTHEW AARON 182631 $0.45 2/2/08 43252 DEVITT, JESSICA RENEE 182182 $1.85 2/3/08 43119 JEFFERSON, DANIEL LEE 181274 $0.28 2/3/08 43120 TORRES, CARLOS ANTONIO 180810 $1.18 2/3/08 43254 TURNER, RANDALL 182183 $2.34 2/3/08 43260 SINGH, NEELKAMAL 182664 $40.00 2/4/08 43267 VANVLEIT, RICHARD H 182660 $7.81 2/4/08 43268 STONECYPHER, JUSTIN KENNETH 182671 $0.30 2/4/08 43275 WILLIAMS, TASHINA MARIE 182492 $11.83 2/5/08 43277 HARRISON, CHEZARE SARAH 182398 $2.85 2/5/08 43287 CASSIDY, SEAN THOMAS 182454 $1.62 2/6/08 43124 SWAFFORD, JONATHAN MARTIN 182084 $0.01 2/6/08 43295 BLAKE, JONATHAN ANDREW 179682 $0.66 2/6/08 43298 SARKISIAN, ARMAN YURI 182650 $47.56 2/7/08 43308 HAMILTON, JAMIE LEE 181208 $1.21 2/7/08 43309 SHELTON, JUSTIN ROBERT 180314 $2.11 2/8/08 43130 LAWRENCE-OLSEN, HERMAN JOHN 182420 $0.78 2/8/08 43312 COOKE, CECIL CARL 182762 $0.21 2/8/08 43313 JENSEN-YOUNG, JONAH 182773 $7.56 2/8/08 43321 GLOVER, KELLY MICHEEE 182769 $0.67 2/9/08 43325 SAYE, JASON MICHAEL 182812 $11.07 2/10/08 43331 HIPPELY, HENRY HORDER 182807 $1.56 2/11/08 43133 JAMES, JASON LITTLE SKY 182549 $10.00 2/11/08 43336 MASON, WALLACE IRVIN 182424 $0.15 2/11/08 43340 LUQUIN, MARIA JOY 182731 $2.50 2/12/08 43354 MAKAY, JUDITH ANN 182511 $0.20 2/12/08 43360 COOPER, CINDY JANNIECE 182874 $19.20 2/13/08 43139 CLIFFORD, ONIKA FRANCIS 181287 $0.88 2/13/08 43142 STYLES, ETHAN SHEA 182588 $1.83 2/13/08 43364 MURPHY, THOMAS ANTHONY 182515 $0.11 2/13/08 43370 YAROVOY, IVAN VASILEIVICH 182841 $1.90 2/13/08 43372 GODZIK, MATTHEW PHILIP 182602 $20.36 2/14/08 43375 BOWERS, STEVEN RAY 182916 $21.56 2/14/08 43378 BLAKE, GERRELL GANO 181836 $0.16 2/15/08 43383 FOX, MICHAEL JUSTIN 182948 $11.00 2/16/08 43393 DEMUTH, TIMOTHY 182981 $1.28 2/17/08 43397 NICHOLSON, IRA ALEXANDER 182021 $0.62 2/18/08 43408 MCMAHON, CHRISTOPHER THOMAS 182124 $2.28 2/19/08 43147 WILSON, JOHN HUGHES 181867 $3.15 2/19/08 43148 BAIER, TROY MICHAEL 183044 $2.16 2/19/08 43421 MARSHALL, PHILLIP DANIEL 183022 $1.00 2/20/08 43426 FRYER, JOHN ELLIS 183062 $2.65 2/20/08 43427 FABER, NICHOLAS M 183049 $2.59 Page 2 of 15 201 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 2/21/08 43431 BOUTHSA, KYLE 182478 $0.77 2/21/08 43435 MOBLEY, BRANDON JAMES 183100 $5.44 2/22/08 43439 GATES, EDWARD EARL 180189 $0.60 2/22/08 43447 ANTUNEZ, JOSE MANUEL 183030 $2.34 2/23/08 43450 THOMPSON, SYNDEE LEE 182958 $0.12 2/23/08 43455 TANNER, SANDY MARIE 183142 $0.25 2/24/08 43161 HARRIMAN, JOHN ALLEN 182840 $0.01 2/24/08 43460 JACKSON, TIMOTHY MICHAEL 183179 $2.89 2/24/08 43461 BLAKE, ANDREA MARIE 183177 $9.00 2/25/08 43164 DEARDORFF, TRACY RENAE 181748 $0.14 2/25/08 43472 JOHNSON, SCOTT LIONEL 183148 $19.56 2/26/08 43166 NGUYEN, DUC MINH 179720 $0.17 2/26/08 43475 PHILLIPS, ARIEL KEORA BUMATAI 183002 $17.56 2/26/08 43476 PRIEST, CHAD BARRETT 181785 $0.53 2/26/08 43480 WHITE, GREGORY KEVIN, JR 181363 $1.74 2/28/08 43491 JEFFERSON, PAULA LEE 183099 $4.99 2/28/08 43499 KARR, JOHN ROBERT 183228 $3.12 2/29/08 43170 ARAUJO, JUAN RICARDO 182376 $0.26 2/29/08 43508 HUNTER, KECIA KAYE 183245 $5.12 2/29/08 43513 BETTS, TERRENCE AMES 183284 $4.56 3/2/08 43524 STAGGS, LARKIN J 182403 $0.17 3/3/08 43529 MARTINEZ-FLORES, JUAN JOSE 183352 $3.71 3/3/08 43530 HANSON, DION GARY 181885 $0.07 3/3/08 43533 STANEK, DARRELL DUANE 183358 $0.41 3/3/08 43535 BINGHAM, RICHARD RAY 183351 $0.17 3/4/08 43561 JACKSON, JAMES DUANE 183344 $0.19 3/5/08 43564 STEWART, JERRY CLIFTON 183406 $60.65 3/5/08 43573 COLLIER, DEREK CAMERON 183204 $0.61 3/5/08 43574 BUCKMASTER, PATRICK DONALD 182685 $2.50 3/5/08 43576 JAMERSON, BREZEDDRIC ANTO 182672 $0.55 _ 3/6/08 43592 JOHNSON, THOMAS HOWARD 183320 $3.50 3/7/08 43596 BRYAN, RICHARD NOBLE 183453 $5.41 3/10/08 43181 JUGGALO, DAVE SADISTIC 183296 $0.15 3/10/08 43182 WARNER, RICHARD TYSON 183059 $0.16 3/10/08 43620 STONE, WILLIAM PAUL 183214 $1.14 3/10/08 43625 DUCHENE, DONALD STEVEN 183432 $5.34 3/11/08 43187 CLEMENSON, JAYME JEAN 183092 $0.82 3/11/08 43640 MEADOR, ROBERT HEATH 183197 $50.48 3/13/08 43191 PETERSON, CHRISTOPHER DAVID 183139 $0.36 3/13/08 43194 NELSON, PAULA M 182804 $0.61 3/13/08 43662 NOYES, CHARLES KENT 182353 $0.27 3/13/08 43663 LITTLE, TRAVIS JEFFREY 182481 $2.08 3/14/08 43195 MOORE, SHAUN WILLIAM 182701 $0.86 3/14/08 43677 CAFTON, RICHARD DALE JR 183313 $0.89 3/16/08 43684 GRAHAM, CHRISTOPHER CHARLES 183673 $0.87 3/16/08 43685 YOUNG, GARRETT STEPHEN 183594 $0.12 3/16/08 43687 NORVICH, CHASE LEE 183670 $100.56 3/17/08 43201 BRUNER, BRENT MICHAEL 182730 $0.41 3/17/08 43694 READY, ANDREW HIGGINS 183685 $2.88 3/18/08 43708 ANDAL-EAGLE, CHERYL ANN 183227 $0.11 3/18/08 43710 LEISCHNER, SETH MICHAEL 183684 $2.96 3/19/08 43727 LAMPHIER, VINCENT RYAN 183418 $0.62 3/19/08 43730 SHAW-VINCENT, BRANDY LEE 183762 $1.38 Page 3 of 15 202 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 3/19/08 43734 BRADFORD, KENNETH GLENN 183767 $5.19 3/19/08 43805 SMOLINSKI, CHRISTOPHER STEVEN 183194 $0.42 3/20/08 43742 STRODE, NICHOLAS DANIEL 183799 $24.31 3/20/08 43743 BORDEN, JASON ALLAN 183101 $0.29 3/21/08 43744 SMART, EDWARD WILLIAM 181619 $1.19 3/2f/-O-8T 43753 HOVANDER, GUY HARLIN 182510 $1.82 3/21/08 43808 FAKKEMA, CHRIS ALBERT 181010 $0.34 3/23/08 43762 ALVAREZ, LISA ANTONIA 183776 $5.87 3/23/08 43763 DANIELSON, SAMUEL JOHN 183876 $4.32 3/23/08 43765 STUBBS, STANLEY STEWART 182311 $0.33 3/23/08 43766 JONELI, PAUL MONROE 183877 $1.20 3/23/08 43768 NYDAM, ALEXANDER LEONARD 183609 $0.30 3/23/08 43772 BLAIR, JOSEPH LOUIS 183863 $0.54 3/23/08 43810 COOPER, DANIELLE ALEXA 182868 $0.84 3/24/08 43774 TAYLOR, JOSEPH CARL 183883 $1.56 3/24/08 43777 GLAD, RYAN LARRY 183895 $7.31 3/24/08 43778 LORENZ, D J 183808 $2.56 3/24/08 43812 MELLEMA, JOSEPH MICHAEL 183391 $0.63 3/24/08 43813 LAWRENCE, WILFRED ALEX 182446 $1.51 3/24/08 43814 BRAMEL-ALLEN, IAN SHAIN 183374 $0.06 3/25/08 43782 SOLOMON, LEE ALLAN 182696 $1.12 3/25/08 43783 NGUYEN, THI QUYNH NHU 183868 $0.56 3/25/08 43786 SHAQUANIE, PRUDENCE NICOLE 183919 $6.02 3/25/08 43787 MEYERS, JONATHAN DAVID 183838 $15.16 3/25/08 43790 DUCHENE, DONALD STEVEN 183855 $1.20 3/26/08 43793 CUEVA, ANDREW MICHAEL 183439 $0.14 3/26/08 43801 IBARRA, LUIS 183951 $21.56 3/26/08 43819 AUGUSTON, RIKKI RAE 183433 $2.67 3/27/08 43821 BASS, KRISTOFER OWEN 181314 $2.99 3/27/08 44010 MARTIN, MARK LOCHS 176001 $0.09 3/27/08 44018 JAMES, PATRICIA ANN 183820 $0.17 3/28/08 44031 GONZALES, GUSTAVO 183879 $0.33 3/28/08 44032 RAMIREZ-LOPEZ, AURELIO 183590 $0.75 3/29/08 44036 ZENDER, ANTHONY J 184009 $4.30 3/31/08 44046 RODDEN, JAMES FRANCIS 184027 $2.19 4/2/08 44063 YOUNG, SHALEEN MELINDA 183994 $2.61 4/2/08 44070 RITTMUELLER, JONATHAN FOREST 184105 $0.89 4/2/08 44072 DESIMONE, DAVID PETER 183519 $5.81 4/3/08 43835 LETCHWORTH, MARGARET EL 183908 $4.44 4/3/08 43836 TOLSMA, JOHN DOUGLAS 183541 $0.93 4/3/08 43837 RAHRICH, GABRIEL MICHAEL 183326 $0.21 4/3/08 44075 LUU, VINH DUE 184073 $11.71 4/4/08 44082 HUMMER, JOHN SAMUEL 184053 $0.32 4/4/08 44087 CHIABAI, JAY WILLIAM 184115 $17.00 4/7/08 43844 WALLACE, MICHAEL LEE 182915 $5.74 4/7/08 44106 MALQUIST, DOUGLAS WILLIAM 184212 $9.00 4/8/08 43846 BELLO, PATRICK 183630 $10.33 4/8/08 43847 CAMPBELL, DAVID SCOTT 183775 $0.34 4/8/08 44117 LACASSE,.KARILYNN 183254 $0.18 4/8/08 44126 KINDT, DYLAN JON 184237 $5.56 4/8/08 44129 COCHRAN, KIMBERLY ANN 184238 $5.24 4/8/08 44130 RAMIREZ, LUCAS DANIEL 184181 $1.11 4/8/08 44135 KOSMAS, ATHENA NICHOLE 180536 $0.21 Page 4 of 15 203 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 4/9/08 43852 LEWIS, JORDAN ELIJAH 183952 $1.77 4/9/08 44144 NARA, TERESA JEAN 184253 $14.00 4/10/08 43854 KIDANE-KIDANE, ALEXANDER 181650 $0.15 4/10/08 44152 REYNOLDS, ARTHUR CLIFFORD JR 184241 $4.31 4/11/08 44168 GLASER, EDWARD JEFFREY 184293 $10.81 4/11/08 44170 BERRY, CHRISTOPHERALLAN 184300 $1.15 4/13/08 43862 VANDERYACHT, TIA MARIE 184047 $0.26 4/13/08 44178 ELGERSMA, JOSHUA PAUL 184349 $0.23 4/13/08 44179 RAMIREZ, DANIEL ORTIZ 184236 $6.84 4/15/08 44205 WALD, MATTHEW FRANCIS 184375 $1.44 4/15/08 44210 SMITH, MICHAEL SCOTT 184364 $17.56 4/16/08 43869 TANDA, SUKHVIR SINGH 183965 $54.32 4/17/08 43868 FROST, JEFFREY WAYNE 184122 $0.11 4/17/08 44222 MALIN, MICHAEL JAMES 183232 $1.94 4/18/08 43872 JUGGALO, DAVE SADISTIC 184204 $0.55 4/18/08 44230 ANDERSON, NATHANIEL GLENN 183270 $0.72 4/18/08 44234 MCCOMAS, WILLIAM GENE 183027 $0.30 4/18/08 44239 MCBETH, GARY LYNN 184425 $0.18 4/19/08 43874 STAFFORD, JONATHON DON 183527 $0.23 4/19/08 44245 REHBERGER, STEVEN JEFFERY 184461 182276 $7.57 4/20/08 43877 EMERY, JAYME LOREN $0.01 4/20/08 43878 HOLTEN, TREVOR LELAND 184487 $5.82 4/20/08 44252 CLIFFORD, ONIKA FRANCIS 183019 $0.26 4/21/08 44257 MARTIN, HENRY DEAN 183198 $0.14 4/21/08 44265 WYNN, ANGELO J 184471 $0.68 4/22/08 43884 CLARK, JOSHUA AARON 183773 $0.02 4/22/08 44267 JEFFERSON, LASHELLE MARIE 182646 $0.22 4/22/08 44278 SLEATOR, JUSTIN 183942 $0.21 4/22/08 44279 POWERS, TYLER LEE 181267 $0.30 4/23/08 44281 HILLAIRE, SARAH MARIE 182705 $24.52 4/24/08 43889 VANWINKLE, BRYAN DAVID 183807 $1.06 4/24/08 44292 HODGE, MAURICE A 183794 $0.93 4/25/08 43891 LANDIS, CASEY PAUL 184334 $0.21 4/26/08 43892 GAUTREAUX, TERENCE CHRIS 182470 $0.15 4/26/08 43893 PARKER, JASON ANDREW 184224 $0.79 4/26/08 43896 HARP, DANIEL 183931 $1.04 4/26/08 44307 MANKLE, BRANDON CHRISTOPHER 184628 $0.56 4/26/08 44310 FOSTER, KATHLEEN GAIL 184147 $1.48 4/27/08 44314 JONES, GREGORY MICHAEL 184641 $1.70 4/28/08 44321 SOLOMON, ROBERT STEVEN 184681 $7.56 4/29/08 43900 CASSIDY, SEAMUS BRANDON 183802 $0.39 5/1/08 43905 WEYLAND, JESSE LEE 184304 $0.12 5/3/08 43910 SCHULTZ, BRIAN KEVIN 182023 $3.40 5/3/08 44374 SWENDT, ANDREW KORY 184811 $1.68 5/4/08 43915 JOHNSON, JEFFERY ALLEN 181279 $0.05 5/4/08 44377 HEINS, JOSEPH EUGENE 184840 $0.52 5/4/08 44378 JOHNNY, JUSTIN EDWARD 184844 $0.62 5/5/08 43917 WIEBE, CAROL LAVONNE 183306 $0.90 5/6/08 44394 BEZONA, APRIL NICOLE 184686 $1.47 5/7/08 43923 HOAG, NEIL ALEXANDER 184431 $20.92 5/7/08 43925 HARRIS, THALLIS DE QUENTON 184462 $1.30 5/7/08 43929 COLLVER, DALE OREN 184788 $0.87 5/7/08 44408 ALDERSON, COREY ANDREW 184895 $0.56 Page 5 of 15 204 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 5/8/08 44411 GAUL, HEATHER ANN 184390 $0.63 5/9/08 44420 KNIGHT, MALIKAI 184938 $3.54 5/9/08 44424 TOM, LISA MICHELLE 184013 $0.01 5/9/08 44438 WALKER, JOSHUA NICHOLAS 184906 $1.02 5/10/08 43933 HAMMAR, MICHEL EDWARD 184532 184854 $1.10 5/10/08 43934 BISBEE, WAYNE JAMES $30.16 5/10/08 44439 CURTIS, LUCUIS NEIL 184912 $1.00 5/10/08 44446 THOMPSON, KIMBERLY LOUANN 184885 $3.04 5/11/08 43937 VERBRUGGE, SHANE KELLEN 184682 $0.12 5/11/08 44447 CHAPMAN, MARK JACK 183335 $1.65 5/12/08 44453 SOLODYANKIN, ALEKSEY YURIVITCH 182171 $0.31 5/12/08 44455 GISVOLD, TOBEY ALLEN 183559 $0.40 5/13/08 44482 GREVE, BRADLEY ALLEN 183752 $0.34 5/15/08 43949 SANDERS, JOHNNY RAY 184621 $1.46 5/15/08 43950 ADAMS, NICHOLAS WILLIAM 184295 $0.75 5/15/08 44493 OLGUIN, TOMAS PEREZ 182677 $0.26 5/16/08 43954 RUSSELL, VINCENT 184761 $0.15 5/17/08 43955 COOKE, NICHOLAS DANIEL 184913 $1.57 5/17/08 43957 ROMMEN, MATHEW 184881 $0.16 5/19/08 44523 WICK, JEFFERY JOE 184730 $0.20 5/19/08 44524 NOLAND, TYRONE LEE 183129 $0.02 5/19/08 44525 WENDY CAROL 184728 $1.18 5/19/08 44526 _MORRISON, HALEY, AMANDA JACQUELINE 184693 $0.39 5/19/08 44536 MCGARY, PAUL HARLAN 185177 $4.57 5/19/08 44538 WILBURN, DONNA ARLENE 185173 $0.08 5/19/08 44540 WILDER, CHRISTINA MARIA 183599 $0.69 5/20/08 44550 DIXON, HARRIL DEAN 185202 $1.55 5/20/08 44554 GREVE, DANIELLE LEIGH 185213 $3.38 5/20/08 44558 NUETZEL, LACEY JOANI 185090 $16.12 5/21/08 44564 WOLFE, VINCENT EUGENE 184675 $4.31 5/22/08 44574 BECKER, DEREK MICHAEL 184278 $0.87 5/22/08 44581 FROMBLY, GREGORY DONALD 185243 $1.00 5/23/08 43966 GANT, KENNETH DUANE 184263 $0.15 5/23/08 43967 SCOTT, JAMIE LEE 184917 $2.00 5/24/08 43968 VANDERMOLEN, JOHN DALE 181069 $0.18 5/24/08 44606 BRUNK, IAN WHITNEY 185311 $2.56 5/26/08 44616 TODD, ANGELINA LEE 185341 $0.13 5/27/08 44625 BIRTCHET, JOSHUA EUGENE 185352 $0.40 5/27/08 46973 BEATIE, MATTHEW SYDNEY 183291 $1.25 5/28/08 43976 CRAIG, WILLIAM RUSSELL 184074 $0.20 5/28/08 44637 JACOBY, GLENN JOSEPH 185385 $1.20 5/29/08 44639 THOMPSON, SYNDEE LEE 184544 $0.91 5/29/08 44641 GLEN, MELISSA JEAN 184834 $3.73 5/29/08 44644 IBARRA, LUIS 185419 $28.56 5/29/08 44646 MOORE, HOLLY LYN 185126 $0.08 5/29/08 44653 JACKSON, JAMES DUANE 184026 $0.32 5/29/08 44657 KROGH, LARRY LEE 183797 $0.53 5/29/08 44659 GROGG, DAVID AALLEN 185410 $0.30 5/29/08 44660 RAM I REZ, RAM I RO J R 185402 $2.56 5/29/08 44661 RAMIREZ, GEORGE 185401 $7.34 5/30/08 43979 HICKS, MONTE ELDIN 184575 $0.12 5/30/08 43980 GAZLAY, DAVID HAMILTON 185418 $2.33 5/30/08 43983 WYATT, CHARLES EDWARD 183414 $18.74 Page 6 of 15 205 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 5/31/08 44670 IBEVARD, CLYDE ERIC JESSE 182739 $1.61 6/1/08 43987 COGGAN, KEITH PATRICK 177022 $0.86 6/1/08 44677 WEST, MATT T 1854483 $23.39 6/1/08 44681 HEMPEL, WELDON FREDRICK 185470 $0.31 6/3/08 43992 PETER, JUSTIN E 184958 $1.88 6/3/08 44698 SHIFLET, ROBERT DUANE SR 185534 $2.87 6/3/08 44699 BERARD, MICHELLE ANN 185551 $15.43 6/4/08 43995 JOHN, WILLIAM LLOYD 185404 $1.54 6/4/08 43997 VINUP, SHANNON LOUISE 183730 $0.12 6/4/08 43998 RICHARDSON, BRANDON LANE 185547 $0.59 6/4/08 44712 CILIBRAISE, RYAN MICHAEL 185564 $4.66 6/5/08 44900 ZOERB, ROBERT DALE 184878 $0.86 6/6/08 44726 MORGAN, JESHUA T 185607 $0.56 6/6/08 44904 VANKO, STEVEN MARION 185212 $1.17 6/6/08 44905 DILUZIO, ZACHERY GENE 184790 $0.58 6/6/08 44906 HOGANSON, JOSHUA RAYMOND 185588 $0.64 6/7/08 44730 PEREZ, JUAN PEDRO 184962 $0.44 6/7/08 44910 YOUNG, JUSTIN MICHAEL 18500 $0.25 6/8/08 44737 ZAMORA, CHRISELDA MARIE 185263 $2.15 6/9/08 44753 GULBRANSON, COLLEEN MARY 185655 $2.56 6/10/08 44769 JAMES, REYNOLD CARL JR 182851 $2.10 6/11/08 44914 LAPLANTE, KENNETH WAYNE 184439 $0.05 6/12/08 44774 NORRIS, JAMES RAY 185761 $2.71 6/12/08 44775 LITTLE, TAWNY GAYE 185583 $8.56 6/13/08 44788 PETERS, RICKEY BRADLEY 184653 $2.03 6/13/08 44789 OOSTERHOF, INA JAHNE 185732 $0.75 6/13/08 _ 44916 WILSON, DENNIS WAYNE 184632 $10.36 6/16/08 44806 SPRAGUE, DAVID FREDERICK 185818 $0.56 6/17/08 44809 CROSBY, CURTIS CLINT 185112 $1.60 6/17/08 44922 LAU, KEVIN MICHAEL 185280 $2.06 6/18/08 44821 NOWAKOWSKI, DARREN PAUL 185885 $1.16 6/18/08 44923 LITTLE, BRIAN JAMES 185397 $1.71 6/19/08 44926 JEFFERY, LESA FLO 183429 $6.24 6/20/08 44838 VANDERYACHT, LANCE EVEREST 182519 $0.80 6/20/08 44841 JOHNSON, LAURA LOUISE 185810 $1.13 6/20/08 44844 THOMAS, STUART TRYSTAN 185930 $1.25 6/21%08 44848 TAPLEY, MATHEW GLEN 185948 $0.96 6/22/08 44856 ANDERSON, SEAN RICHARD 184132 $0.02 6/22/08 44858 NELSON, BRADLY ARTHUR 185998 $0.97 6/22/08 44859 MANNING, MORGAN GREGORY 185988 $22.34 6/22/08 44932 WHALEY, DEANNA DWENE 184665 $3.24 6/24/08 44882 RIER, KENNETH ALLAN 186044 $4.65 6/24/08 44888 LITTLE, BRIAN JAMES 186045 $1.40 6/25/08 44897 BALLEW, JAMES DANIEL 186046 $2.96 6/25/08 44935 BONNER, STEVEN ROBERT 185209 $0.27 6/26/08 44939 HOWELL, DANIEL DOUGLAS 185627 $2.81 6/26/08 44940 KELLY, PHILLIP 185624 $0.26 6/26/08 44941 STRANGE, JACKSON BRYCE 185004 $62.59 6/26/08 45108 HANSON, NICHOLAS L 186091 $4.25 6/26/08 45111 BUCKLEY-WOZNIAK, CRYSTAL ANNE 186092 $16.16 6/26/08 45113 PRETTYMAN, JAMES ROYDEN 186097 $17.73 6/27/08 44944 RICE, SAMUEL GEORGE 184420 $1.49 6/27/08 45115 NICKSIC, LODEI OSRIC 184928 $0.11 Page 7 of 15 206 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 6/28/08 45120 COOPER, MARVIN MAX 183666 $1.24 6/28/08 45123 KIRNER, SUZAN_NA KIM 185133 $40.01 6/29/08 45132 MOY, GARY WALTER 185736 $1.75 6/29/08 45140 BRAZELL, JESSICA LOUISE 186155 $0.15 6/30/08 44946 KNIGHT, BRICE ABRAHAM 185187 $1.28 6/30/08 44948 WILLIAMS, RANDALL DEAN 185817 $0.01 6/30/08 44949 HANCHETT, DARREN RAY 185707 $1.87 6/30/08 45146 OXFORD, BOBBY LEE JR 186165 $0.56 7/1/08 45153 PLASTER, PAMELA RENEE 186173 $0.56 7/1/08 45160 SCARBOROUGH, FREDERICK JOHN 186143 $0.56 7/1/08 45165 MAGUIRE, BRADY MICHAEL 186176 $1.46 7/2/08 44953 HAMILTON, JAMIE LEE 186148 $4.00 7/3/08 44956 JAMES, COLBY LEON 185078 $0.15 7/3/08 45179 ATCHLEY, DESIREE ALEXANDRIA 185299 $5.57 7/3/08 45188 SANTOS, LUIS DAVID 186252 $8.81 7/4/08 45193 HUMPHREYS, JAMES ROY 186180 $2.41 7/4/08 45196 BUBB, MITCHELL S 186282 $0.46 7/4/08 45198 HEATH, LOUISE JOANN 186283 $0.64 7/5/08 44963 ROY, CLIFFORD LEE 185703 $2.23 7/5/08 45205 ANSTETT, MICHAEL ALBIN 186307 $7.32 7/6/08 45214 DUNSMORE, CORDELL DONALD 186329 $10.57 7/7/08 44966 ESTRADA-RUIZ, WILBER 182070 $0.39 7/7/08 45219 GEORGE-ROSARIO, CHARDELLE L 185770 $0.53 7/7/08 45222 DENNEY, HEATHER MICHELLE 186333 $2.80 7/7/08 45229 JAIME, JIMMY ALVARADO 186342 $9.38 7/8/08 44971 DIEHL, COURTNEY ANNE 183560 $0.23 7/8/08 44973 ANDERSON, JACOB SAMUEL 185914 $1.69 7/8/08 45243 GRIEMSMANN, NICHOLAS ALLEN 186293 $0.26 7/10/08 44974 HUBBARD, SCOTT LESTER 186111 $0.18 7/10/08 45249 MORA, FABIAN GARZA 185664 $0.50 7/11/08 44975 RANSOM, CALEB CLOW 186123 $0.68 7/11/08 44976 GONZALEZ, RACHAEL 184317 $0.33 7/11/08 44977 DEBOCK, JEFFERY VINCENT 186406 $2.56 7/11/08 44980 COVERT, MICHAEL LLOYD 186392 $0.56 7/11/08 45264 DUNSMORE, CORDELL DONALD 186417 $1.00 7/11/08 45266 HOUSER, STEVEN RICHARD 183051 $0.01 7/11/08 45270 EISELE, ALAN COURTNEY 186057 $0.06 7/13/08 44985 CAMPBELL, CLINTON DOYLE 183533 $2.55 7/13/08 44987 TRAVERS, LEA 186460 $2.56 7/14/08 44991 _ RHINES, JOSHUA WILLIAM 186341 $0.35 7/14/08 45285 MARTINEZ, CYNTHIA ALICE 186470 $2.52 7/14/08 45295 SINES, PETER GEOR_GE 186244 $1.61 7/16/08 45305 ALVAREZ- ORTEGA, MANUEL 186546 $0.29 7/16/08 45306 ZAMUDIO, JOEL 182269 $0.53 7/17/08 45317 EARL, HEATHER NICOLE 186580 $1.01 7/17/08 45321 ,FOX, HARVEY WILLIAM III 186168 $3.43 7/18/08 45322 JACKSON, JANICE RENEE 179542 $2.37 7/19/08 45003 IJOHANNESEN, HEATHER MARIA 186100 $10.67 7/19/08 45331 KRAVCHENKO, DAVID 186629 $4.03 7/19/08 45332 BARRON, ALEJANDRO 186624 $0.56 7/20/08 45338 ARAGON-PENA, GIOVANNI 186589 $3.07 7/21/08 45006 STONE, WILLIAM PAUL 186371 $0.31 7/21/08 45007 STARRY, MARK STEVEN 182080 $0.05 Page 8 of 15 207 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 7/21/08 45009 CLEMONS, ROBERT ALAN 183901 $0.30 7/21/08 45344 RODER, WALTER STEVEN 185895 $0.03 7/21/08 45347 WEBSTER, KYLE ALLAN 186625 $3.76 7/23/08 45013 STANFILL, JAMES ROY 182018 $1.01 7/23/08 45365 SMITH, TANYA MARIE 183865 $0.09 7/23/08 45366 RIDDLE, SPENCER MURRAY 186516 $3.05 7/24/08 45014 SOLOMON, RAPHAEL JOSEPH 186268 $2.43 7/24/08 45016 HILLAIRE, GILBERT JUSTIN 185304 $0.91 7/25/08 45020 BODE, JOHN HOWARD 186053 $0.41 7/25/08 45378 WILLIAMS, BRANDON C 186737 $0.25 7/26/08 45385 SHAVER, ROBERT AARON 185661 $1.13 7/27/08 45022 HENDREN, LEE ROY JR 185905 $0.09 7/27/08 45023 FREEMAN, MARVIN LEE 185046 $0.09 7/27/08 45387 BAKER, SONIA LEE 186786 $1.00 7/27/08 45390 ARAGON-PENA, GIOVANNI 186734 $2.56 7/28/08 45391 JEFFERSON, VELDA ROSE 186446 $0.21 7/28/08 45394 MONTOYA, JOLYNE ANN 186800 $7.45 7/30/08 45026 EDWARDS, REGINALD JOHNATHAN 185432 $1.48 7/30/08 45410 DEJONG, TARYN BREE 186832 $9.88 7/31/08 45414 WIEBE, TROY GENE 186549 $0.88 7/31/08 45416 BLOW, ROBERT WILLIAM 186842 $0.69 7/31/08 45417 SWENSEN, JARROD WILLIAM 186847 $1.72 8/1/08 45028 JEFFERSON, DANIEL LEE 1856.95 $0.28 8/2/08 45427 BUFORD, MARILYN ALICE 186014 $0.37 8/2/08 45429 MENDEZ, JUAN MIGUEL 186762 $3.55 8/3/08 45033 AIELLO, JOSEPH EUGENE 186220 $1.09 8/3/08 45432 SHELTON, ZACHARY D 186919 $1.25 8/4/08 45034 STERNBERG, LARS THORIN 186427 $6.02 8/4/08 45035 CERVANTIS, GONZOLO 186601 $0.16 8/4/08 45437 BRINK, JORDAN SCOTT 186588 $15.68 8/4/08 45440 KRAFT, REBEKAH JANE 186930 $2.94 8/4/08 45441 WASHINGTON, LATOYA KENYETTA 186887 $1.24 8/4/08 45446 GUEVIN, DANIEL CHRISTOPHER 186905 $4.22 8/5/08 45039 PARKER, JASON DANIEL 186436 $0.58 8/6/08 45040 NICHOLS, MISTY LYNN 186574 $0.82 8/6/08 45041 LAMB, MARCUS T 186724 $0.16 8/6/08 45472 JEFFERSON, SHANNON ROSE 186170 $4.22 8/6/08 45479 ROBY, CHERYL DIANE 186960 $1.00 8/7/08 45483 MILLER, JOHNNY LEE 186070 $0.59 8/7/08 45492 LOBROW, MARCIN 186991 $12.56 8/8/08 45495 STEPHENS, MARION M 184290 $0.26 8/8/08 45498 NHEA, KARA MICHELLE 187012 $17.56 8/9/08 45045 NILA, REFUGIO ROJAS 184407 $2.38 8/9/08 45047 MENARD, ERNEST JOSEPH 185742 $0.11 8/9/08 45048 TOM, CLARENCE CASIMER 186269 $2.65 8/9/08 45505 WOHLENHAUS, DREW KENNETH SIMS, RAYMOND WESLEY JR 187056 $42.57 8/10/08 45049 185701 $0.79 8/10/08 45510 JEFFERSON, PAULA LEE 187072 $2.31 8/11/08 45051 KANSIER, ALBERT SYDNEY PATRICK MAGNESS, WANDA LEE 186519 $0.15 8/11/08 45053 186689 $0.93 8/11/08 45521 NYDAM, ERIC JERALD BOND, KENNETH THERON 187092 $2.26 8/13/08 45055 185252 $0.71 8/13/08 45056 JOHNSON, ANDREW DEAN 186391 $0.50 Page 9 of 15 208 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 8/13/08 45060 FEENY, DANIEL GEORGE 187041 186497 $0.60 $0.62 8/13/08 45063 FOSTER, JONATHON STYKER A 8/13/08 45543 REYES-ORTIZ, ABEL 187139 $0.76 8/14/08 46065 MITCHELL, BENJAMIN ROBERT 185644 $6.84 8/14/08 45555 MCINTOSH, JEREMY RICHARD 187153 $31.00 8/14/08 45557 VILLALUZ, GEORGE JR 186730 $0.78 8/14/08 45559 SHARP, MATTHEW JAMES 185928 $0.85 8/15/08 45068 PETERS, JAYSON D 185960 $0.17 8/16/08 45570 THOMPSON, RICHARD LOCKWOOD 187134 $12.08 8/17/08 45076 OLSEN, THOMAS JAMES 186875 $0.46 8/17/08 45576 _ SPLAINE, SEAN PATRICK 187237 $10.00 8/17/08 45577 HUFF, ADAM GERARD 187198 $2.56 8/17/08 45578 STREMLER, DERIK DOUGLAS 187238 $2.06 8/18/08 45078 GRIFFITH, TIMOTHY TROY 186885 $0.84 8/20/08 46082 MESIKEPP, DANIEL EDWARD 186669 $3.72 8/20/08 45611 SHELTON, JUSTIN ROBERT 186128 $1.28 8/21/08 45084 REEVE, JARED MICHAEL 186866 $4.27 8/22/08 45627 FREEMAN, KYLE PATRICK 187367 $5.00 8/23/08 45091 DYKMAN, MARLIN JAY JR 186526 $0.50 8/23/08 45093 SCOTT, JOHN A 186607 $0.01 8/23/08 45633 MCENEANEY, BRYSON EDWARD 187390 $8.23 8/24/08 45097 BLACK, BRYAN JAMES 187083 $2.41 8/24/08 45340 CARPENTER, MICHAEL BOWEN 187421 $2.56 8/24/08 45638 OSBORNE, WILLIAM LYNN 187412 $0.56 8/25/08 45099 SICKLER, JAMES VICTOR MENDOZA 186609 $3.34 8/25/08 45646 ORTIZ, MARK ANTONIO 187426 $3.68 8/25/08 45648 GONZALES, GUSTAVO 187424 $5.56 8/25/08 45649 CHASE, LANCE ERIC 187386 $5.56 8/25/08 45650 SCOTT, CELESTINA ELIZABETH 187383 $7.56 8/26/08 45669 JONES, CRISANTA 187465 $13.94 8/26/08 45904 MAXWELL, DAVID JOHN 185248 $1.85 8/26/08 45905 ROSCH, JOHN PATRICK 186312 $0.17 8/27/08 45907 COLEMAN, AMANDA LEAH 187451 $1.25 8/27/08 45908 GRAMMOND, AMY ANDREA 187162 $1.31 8/29/08 45695 MARTIN, MICHAEL LEE 186219 $0.21 8/29/08 45912 FINKBONNER, BRADLEY OWEN 185962 $3.54 8/31/08 45705 SCHEIDT, STEPHANIE ANN 187563 $0.30 9/1/08 45712 RUFF, HEATHER NICOLE 187521 $2.96 9/2/08 45714 MOUSEL, STEVEN CHARLES 186981 $0.17 9/2/08 45721 HAWK, GOLDEN EAGLE 186867 $0.66 9/2/08 45722 WASHINGTON, DANIEL ROBERT 186591 $0.11 9/3/08 45745 LABONTE, RICHARD IRVIN 187640 $0.83 9/4/08 45752 PIERRE, ENEAS NEIL JR 186785 $0.33 9/4/08 45926 DANIEL, THOMAS CHRISTOPHER 187408 $3.48 9/5/08 45928 BROWN, JASON JOHN 187347 $0.22 9/5/08 45929 POINT, ADAM CHRISTOPHER 187411 $0.84 9/6/08 45772 FITZGERALD, JOHN DANIEL 187710 $74.21 9/8/08 45776 ANDERSON, HELEN RENE 186657 $1.05 9/8/08 45779 SOLOMON, WILLIAM CHARLES 182801 $0.53 9/9/08 45784 MCMULLAN, KENNETH ROGER 187666 $11.41 9/9/08 45797 NICOLAAS, SHELLY LOUISE 187752 $0.56 9/10/08 45799 LAWRENCE, RONALD LOUIE 187708 $7.48 9/10/08 45935 MCCONVILLE, THOMAS M 187227 $0.47 Page 10 of 15 209 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 9/10/08 45937 RANSOM, CALEB CLOW 187346 $0.24 9/11/08 45818 NIELSON, JAMIE LYNN 187798 $26.56 9/12/08 45829 GLUNT, JAMES STEVEN 187487 $2.81 9/12/08 45945 DELGADO, JOHNNY JR 186769 $0.37 9/14/08 45839 LOUIE, DEZI-RAY THOMAS ARNEZ 187327 $0.73 9/15/08 45860 BAGOOD, BRENT ANTHONY 187891 $1.80 9/15/08 45946 BRAXTON, JASON PAUL 187223 $0.11 9/16/08 45871 EVANS, RAECHEL ANN 187931 $6.84 9/16/08 45875 MEDINA, ANDREW 187514 $0.01 9/17/08 45876 SHARP, TERRY BRION JR 182438 $0.74 9/17/08 45887 WEAVER, NATHAN D 187955 $4.56 9/18/08 45892 LEE, CAMERON ROBERT 187979 $2.66 9/18/08 45893 GRUBB, LARRY LEE 187464 $0.37 9/19/08 46102 ANDERSON, MICHAEL ANTHONY 188006 $2.56 9/19/08 46104 BENNETT, DONALD ALAN 188022 $0.64 9/20/08 46110 GALLER, ANTHONY TERRANCE 186857 $0.32 9/21/08 45959 KING, STEPHEN MAXFIELD 187772 $2.52 9/21/08 45961 JONES, ERIC SHANE 186393 $0.61 9/23/08 45965 GUTIERREZ-RAMIREZ, JOSE ANTONI 184738 $7.12 9/24/08 45969 SHOCKEY, ADAM LEE 187654 $0.32 9/24/08 46134 BRINSON, KEVIN LANE 187118 $0.15 9/25/08 46145 PROUTY, YVONNE LYNN 188107 $3.09 9/25/08 46148 GORGEI, DENNIS JOSEPH 188135 $0.78 9/26/08 46157 HAYNES, STEVEN DANIEL 187225 $0.31 9/26/08 46158 JACKSON, JANICE RENEE 187517 $0.80 9/27/08 45975 OLSEN, CAMERON NEIL 188169 $10.00 9/27/08 46160 CLEVINGER, JAMES EVERETT 188184 $0.27 9/27/08 46162 HARRISON, CHEZARE SARAH 188099 $7.56 9/28/08 46168 ROMERO, MATTHEW LLOYD 188174 $30.12 9/29/08 45980 SETA, GENE IRA JR 187097 $0.16 9/29/08 46174 CAGEY, CLINT BILLY JACK 188198 $1.56 10/1/08 46183 JOHNNIE, BETTY MARIEA 187847 $7.56 10/1/08 46184 BUCK, KYLE DOUGLAS 187649 $5.82 10/1/08 46193 REISS, SHANA MARIE 188251 $2.53 10/3/08 45987 PROCHASKA-GOODWIN, JEREMIAH L 187747 $4.42 10/3/08 45991 NELSON, ROBERT BRIAN 187757 $0.87 10/3/08 45993 LITTLEFIELD, ALLEN CRAIG 186030 $0.77 10/3/08 45994 PETERSON, CHRISTOPHER DAVID 188104 $8.08 10/3/08 46204 LACLAIR, BERNARD WILLARD 185780 $0.27 10/3/08 46210 CRAWFORD, DENNIS CHARLES 187123 $4.56 10/3/08 46212 LETHBRIDGE, DONA JANE 188314 $11.17 10/4/08 45997 CALING, MICHAEL ALAN 187972 $19.76 10/4/08 45998 GABRIEL, ELEANOR GLADSTONE 187648 $3.08 10/4/08 45999 HURRELBRINK, CORY JOE 188303 $1.56 10/5/08 46001 TRIFONOV, VLADIMIR 187996 $0.70 10/5/08 46002 RUSHTON, MICHAEL ALDEN 187673 $0.86 10/5/08 46003 KIRKEY, KENNETH LEE 188125 $0.44 10/5/08 46218 JOHNSON, HARVEY SYLVESTER 186728 $0.08 10/5/08 46219 DELEON, JERRY 187794 $3.25 10/5/08 46220 SINGH, HARNAM 188345 $3.22 10/5/08 46222 NIXON, JOSHUA RAY 188338 $0.50 10/6/08 46235 YOUNG, SHALEEN MELINDA 188199 $0.38 10/7/08 46011 ZENDER, ANTHONY J 188358 $0.50 Page l l of 15 210 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 10/7/08 46236 HILLAIRE, KENDALL MARK 187581 $1.65 10/8/08 46016 ZIMMERMAN, ANN CATHERINE 187849 $3.52 10/8/08 46245 JEFFERSON, CURRIE SAMI ANN 188331 $1.16 10/10/08 46023 JEFFERY, WADE ALAN 188297 $2.38 10/10/08 46262 LABREE, MICHAEL RAYMOND 187919 $1.57 10/12/08 46028 WHEELER, DONALD GLEN 187305 $0.85 10/13/08 46287 CARR, MATTHEW RUSSELL 187997 $0.18 10/14/08 46031 WALDNER, JOSHUA MATTHEW 188521 $11.25 10/15/08 46310 O'BRIEN, ALVENO DOWLON 186412 $4.16 10/16/08 46035 HARRIMAN, TRAVIS JUSTIN 188545 $0.69 10/16/08 46317 WILBURN, DONNA ARLENE 188425 $0.75 10/16/08 46321 WADE, DARYEL T 188430 $6.63 10/19/08 46344 FEENY, DANIEL GEORGE 187195 $0.39 10/19/08 46347 VOYLES, JOSEPH ANDREW 188633 $0.87 10/21/08 46369 CARLSON, TOBY ALAN 187619 $0.37 10/21/08 46371 FELICIANO, LEILANI FRANCES 186946 $0.95 10/21/08 46379 WILSON, SHAUN L 188669 $9.56 10/21/08 46381 WASHINGTON, MARIE JEAN 188011 $0.37 10/21/08 46382 PERRIN, ADDISON L 188674 $1.53 10/23/08 46048 SANDERS, RANDY PAUL 187064 $1.35 10/23/08 46396 HALL, JAMES EUGENE 185253 $0.87 10/23/08 46399 THOMPSON, DONALD JAMES 187961 $5.57 10/23/08 46410 WILLIAMS, JARED RYAN 188675 $9.56 10/24/08 46422 SMITH, SHAWN ELIJAH 188752 $3.56 10/24/08 46424 REDFOX, LEONARD RONALD 188542 $24.52 10/26/08 46053 GALLAGHER, DANIELLE RAE 188177 $0.12 10/26/08 46434 BERNABE-ORTEGA, CATARINO 188805 $6.19 10/26/08 46435 REYNOLDS, JOSHUA KARL 185970 $1.80 10/26/08 46436 KNUTSEN, HEATHER MICHELLE 188812 $1.46 10/28/08 46468 HUFFMAN, MARIA ANN 188834 $0.14 10/28/08 46473 ACEVEDO, MIGUEL ZARAGOZA 188270 $0.11 10/29/08 46481 HAWKES, ANTONIA MARIA 187795 $5.08 10/30/08 46057 DUCHENE, RICHARD AIME JR 188459 $0.60 10/30/08 46058 VELIZ, JOSHUA ALLEN 188443 $0.47 10/30/08 46485 WOODS, KENDAN LEE 188893 $1.38 10/31/08 46059 EVICH, LINDA DIANE 188883 $1.23 10/31/08 46060 KRAVCHENKO, DAVID 188440 $2.90 10/31/08 46061 JOHNSTON, LEONARD CHARLES 188115 $0.79 11/1/08 46494 ROSE, WILLIAM EARL JR 188914 $0.56 11/1/08 46495 MUMFORD, GREGORY MARK 187632 $19.98 11/1/08 46498 RICE, MARK ELTON 185768 $1.61 11/1/08 46500 HATHAWAY, ANTHONY LEE 188931 $4.97 11/1/08 46501 COXON, TANIEL SHALOME 188934 $8.60 11/2/08 46509 MAZZEI, JESSICA MARIE 188951 $0.46 11/3/08 46064 KELLEY, JOSHUA TORRENCE 188567 $0.02 11/3/08 46512 WHITEHEAD, RICHARD DALE JR 187890 $0.53 11/3/08 46517 SCHWIND, AARON PHILLIP 188949 $3.56 11/4/08 46521 FUAMAILA, NADINE LOUISE 188974 $7.00 11/4/08 46527 NELSON, BRADLY ARTHUR 188966 $4.85 11/4/08 46530 DAWSON, TYLER DEAN 188980 $1.05 11/4/08 46535 HUSTEAD, JEROME DONALD 187438 $0.81 11/5/08 46068 DECOTEAU, JEROME MARTIN 187380 $0.21 11/5/08 46548 ROSELLI, JOHN ANTHONY OBRIEN 189001 $2.38 Page 12 of 15 211 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 11/6/08 46072 THEOPHILE, CHARITY 188452 $0.38 11/6/08 46554 GREAVES, JOHN ARTHUR 188597 $10.80 11/6/08 46555 CROSBY, CURTIS CLINT 188833 $0.91 11/6/08 46557 CURTIS, ASHLEY NICOLE 188646 $2.13 11/6/08 46561 TRAN, SON VAN 189019 $81.73 11/6/08 46562 DAHLSTEDT, KEVIN ALLEN 189020 $2.20 11/6/08 46563 LARA, GUILLERMO NUILA 187778 $27.39 11/7/08 46075 MATTHIESEN, ASHLEY ANN 188855 $2.28 11/7/08 46573 SODERBERG, JOSEPH MICHAEL 188171 $0.48 11/7/08 46574 JEFFERSON, SHEILA ANN 188586 $5.07 11/7/08 46575 MILLER, DAVID JUSTIN 188540 $0.24 11/7/08 46576 RASMUSSEN, TODD ALLEN 188534 $0.23 11/8/08 46579 PREET, JILLIAN-PELE 189069 $20.34 11/9/08 46078 ERLANDSON, RICHARD EMIL 188191 $0.71 11/9/08 46583 MURILLO-FIGUEROA, NADIA NINOSKA 189115 $0.17 11/9/08 46587 PENDELL, MELINDA LEE 189110 $0.68 11/10/08 46079 YAROVOY, IVAN_V_ASILEIVICH 188671 $0.17 11/10/08 46080 MARTIN, MANDA EMILIE 188407 $3.52 11/10/08 46081 GRAHAM, STEVEN ANTHONY 188543 $0.26 11/10/08 46082 ASEBEDO, JAMES EDWARD 185944 $1.04 11/10/08 46596 TAYLOR, BRANDON JON 189140 $1.11 11/11/08 46084 _ ROBISON, JOSHUA DAVID 188739 $1.29 11/11/08 46603 ORTIZ, JUAN MANUEL 187938 $1.01 11/12/08 46614 O'REILLY, KASEY KENNETH 189178 $2.00 11/12/08 46616 VILLASANA, SIDRA CLAIRE 189162 $4.81 11/12/08 46617 MAY, LENETTE RENEE 189144 $0.56 11/13/08 46631 MORRISON, MILES DAVIS 188355 $1.59 11/14/08 46089 DELBIANCO, NITA DIANE 189062 $0.34 11/14/08 46640 KONESKY, MICHAEL J III 189203 $8.00 11/15/08 46647 NEWTON, MARK PAUL 189128 $3.26 11/15/08 46648 MALDONADO-ESCOBAR, JHONATHAN A 186731 $0.81 11/16/08 46654 WOODBURY, ROBERT MATTHEW 188449 $0.16 11/17/08 46659 LELAND, TROY DEE 189286 $4.00 11/17/08 46660 SMITH, CHADWICK MICHAEL 189280 $7.00 11/17/08 46665 SMITH, ASHLEE NEIL 188928 $0.43 11/18/08 46676 SNEAD, LAUREN MARY 189269 $1.43 11/18/08 46679 BOOME, LORALEI MEREDITH 189166 $0.11 11/18/08 46680 WILLIAMS, MICHAEL ROBERT 189125 $0.72 11/19/08 46688 NESS, MICHAEL FREDRIC 189348 $0.81 11/20/08 46098 GOULD, ANTHONY JAMES 186641 $0.40 11/20/08 46697 MAHAN, MONTE JAY 189380 $2.00 11/20/08 46701 BUENO, ELIJAH LUCAS 188380 $2.48 11/21/08 46099 ABRAM, TONY EUGENE 188996 $0.28 11/21/08 46702 GAGNON, CHRISTINA ELENA 187785 $0.42 11/21/08 46704 DEBOER, TAYLOR GERBEN 189405 $3.00 11/21/08 46711 PIERCE, ROBERT ANDREW 189387 $7.46 11/21/08 46713 MANN, ANGELA STEPHANIE 189163 $0.14 11/22/08 46717 SOLOMON, COLLEEN VANESSA 189111 $0.30 11/22/08 46718 TABOR, TIMOTHY EDWARD 189068 $0.19 11/22/08 46720 GRAHAM, NATHAN RONALD 188851 $0.52 11/22/08 46722 WARD, ZACHARY MICHAEL 189446 $1.37 11/22/08 46724 CURLETT, JOHN COLGAN 189443 $4.56 11/23/08 46726 WILSON, LACEY LEE ANN 187546 $0.44 Page 13 of 15 212 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 11/23/08 46727 CREGO, PATRICK RICHARD JR 188235 $0.56 11/23/08 46730 BALLWEBER, MARCUS JAMES 189427 $27.07 11/23/08 46732 GIBBONS, GARY EDWARD 189451 $48.79 11/24/08 46746 BALDOVINOS, AMADOR JAIMEZ 189496 $6.00 11/26/08 46772 CONSTANTIN, RHONDA MARIE 189370 $0.21 11/26/08 46773 ROBERTSON, TIMOTHY E 188975 $0.49 11/26/08 46786 INNESS, MICHAEL HERBERT 187656 $1.46 11/26/08 46789 MORRIS, CHICKO CHOLAS 184504 $0.51 11/26/08 46810 KELLEY, JOSHUA TORRENCE 189143 $0.40 11/28/08 46797 MCCOLLUM, JOELSEPH JAMES 187359 $0.47 11/28/08 46813 DETERMAN, MATTHEW JAMES 188847 $3.66 11/28/08 46814 BARRO, RAMEL LAGASSE 188982 $0.80 12/1/08 46904 BERRY, CHRISTOPHER ALLAN 186830 $0.72 12/1/08 46908 KESSLER, JENNIFER LYN 189585 $1.06 12/2/08 46930 GEORGE, LALANEYA LYNN 189532 $1.72 12/2/08 46939 MOY, GARY WALTER 188997 $1.45 12/3/08 46819 LUCIAN, JARED MATTHEW 189396 $4.32 12/3/08 46949 PIERRE, ENEAS NEIL JR 188366 $0.71 12/3/08 46953 DAVIS, EDWARD LEE JR 189503 $4.56 12/4/08 46821 JOHNSON, ROBERT QUILLEY JR 188577 $0.01 12/4/08 46822 JAIME, JIMMY ALVARADO 188371 $1.57 12/5/08 46827 KRAFT, REBEKAH JANE 189713 $27.65 12/5/08 46959 PUGA, MOSES 189684 $5.06 12/7/08 46977 GRAY, URIAH LEON 188884 _ $0.15 12/7/08 46978 THRASHER, ALEX GUY GILLIS 188725 $0.48 12/7/08 46979 BRUNER, BRENT MICHAEL 189776 $1.56 12/8/08 46992 PERRIN, GREGORY RALPH LEE 189759 $6.11 12/8/08 46993 SCOTT, CELESTINA ELIZABETH 188172 $0.59 12/9/08 46832 ARAUJO, JUAN RICARDO 188969 $0.17 12/9/08 46833 JOHNSON, LAURA LOUISE 188555 $0.12 12/9/08 46998 ROWE, ELLIOT C 189088 $6.61 47009 NICOLSON, RYAN DAVID 189789 $6.56 _12/9/08 12/10/08 46838 CLARK, JOSHUA AARON 189322 $0.94 12/11/08 46841 MELING, CHRISTOPHER LEE 188526 $0.88 12/11/08 47015 RAMIREZ, RICARDO 189362 $0.13 12/11/08 47017 GRANT, UMI OLAJUWON 189858 $9.79 12/12/08 46843 PIISPANEN, MICHAEL MARTIN 189632 $0.03 12/12/08 47022 ZAGREBELNYY, ANDREY 189316 $0.77 12/13/08 47033 COOKE, NICHOLAS DANIEL 188431 $0.04 12/14/08 46847 SCOTT, MICKEY DON 188818 $0.10 12/14/08 47043 SIMPSON, CHRISTINA MARIE 189891 $4.98 12/15/08 47045 BETCHER, RUSSELL OWEN 189879 $1.11 12/16/08 47063 PANTALIA, TIMOTHY JON 189925 $1.00 12/17/08 46858 SPEELMAN, MARTIN LEE 189873 $0.37 12/17/08 47068 HILLAIRE, SARAH MARIE 189829 $5.05 12/19/08 46860 WHITE, DANIEL FREDERICK 189485 $0.03 12/19/08 46863 WALKER, KEVIN WILLIAM JR 189785 $3.31 12/19/08 46864 SCOTT, MARISSA J 189378 $0.06 12/21/08 47098 CRANDALL, CAITLIN CASS 190009 $6.63 12/22/08 47100 ARAGON-PENA, GIOVANNI 189856 $22.56 12/23/08 46871 HARWAGER, ROBERT JOHN 189576 $0.84 12/23/08 46872 HENDERSON, ZACHARY BRYAN 189397 $0.08 12/23/08 46875 BERGSTROM, ALLAN CHRISTOPHER 189719 $0.17 Page 14 of 15 213 WHATCOM COUNTY JAIL CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 12/23/08 47108 MORA, FABIAN GARZA 189546 $2.25 12/24/08 46877 PACHECO, RICHARD SCOTT 188817 $0.86 12/24/08 47111 MORALES, BENJAMIN MANUEL 187093 $1.23 12/24/08 47115 BRITTAIN, MICHAEL ANTHONY 189948 $0.06 12/25/08 46878 HECOCK, GINA MARIE 188983 $0.02 12/25/08 47116 POWLESS, KIRK DANIEL 189738 $0.02 12/25/08 47117 SMITH, VIRGINIA LEE 189919 $2.21 12/26/08 46880 SOSA-ESTRADA, BELEN 189641 $0.43 12/26/08 47118 BRADFORD, STUART RANDALL 189302 $0.17 12/27/08 46883 AYALA, .IOEL .1R 189660 $0.07 12/29/08 46884 GARCIA-GUERRA, ERNESTO MANUEL 189409 $0.12 12/29/08 47136 MENCHACA, ARMANDO ZUNIGA 187948 $0.22 12/29/08 47138 DAWSEY, MICHAEL TYLER 190093 $0.08 12/29/08 47139 KILINGSPORN, MILES LAWSON 190098 $1.74 12/29/08 47144 SOSA-LUNA, ROBERTO 190101 $10.95 12/29/08 47146 WEST, ERIC ALLEN 190099 $7.00 12/30/08 46887 WISE, CLAY SHELDON 189436 $0.08 12/30/08 47153 RIER, KENNETH ALLAN 189336 $1.72 12/30/08 47158 GREEN, NORMAN LLOYD 190123 $17.63 12/31/08 46889 FLECK, ALAN WADE 189742 $2.26 12/31/08 47164 OXFORD, BOBBY LEE JR 189157 $0.34 $3,121.09 Page 15 of 15 214 WHATCOM COUNTY JAIL INMATE TRUST FUND ACCT# 473511007261 OUTSTANDING CHECKS - - 2009 FOR THE MONTH ENDING - SEPTEMBER 31, 2011 CHECK BOOKING CHECK DATE NUMBER DESCRIPTION # AMT. 1/1/09 47172 SCHAEFFER, PATRICK AARON 189877 $0.70 1/1/09 47173 PUJALET, JORDAN JEFFERY 190169 $3.08 1/1/09 47174 HERRERA, DENI 190176 $1.00 1/2/09 46894 JOHNSTON, MATTHEW THOMAS 188964 $0.63 1/2/09 47177 SLATER, MICHAEL WAYNE 190037 $0.23 1/2/09 47183 HARDY, JARED SCOTT 190168 $20.00 1/4/09 47196 GARZA, FELIX JR 190233 $0.26 1/4/09 47201 CONFORTI, KEVIN ANDREW 190225 $15.00 1/5/09 47221 JIMMY, CHARLES DUANE A 190263 $3.00 1/6/09 46897 LAYMAN, JOSHUA LEE 189318 $0.07 1/6/09 47231 LIN, CHIA KUAN 190244 $51.86 1/7/09 46900 TOLAR, STEVEN HOWARD 189328 $7.04 1/7/09 47234 TARR, MICHAEL DAVID 189651 $0.66 1/7/09 47236 HATCH, DARIN LEE 190297 $16.00 1/7/09 47242 WEST, ERRIEN Z 190287 $8.30 1/7/09 47244 ANDERSON, JACOB SAMUEL 190156 $1.56 1/7/09 47245 MARR, GAGE STEPHEN 189972 $0.10 1/8/09 47249 FOGG, KRISTEN RENEE 190319 $2.77 1/8/09 47254 TEVES, SUSAN REBECCA 190315 $2.39 1/9/09 47546 ROSE, MORGAN JOSEPH 187300 $4.90 1/9/09 47547 ACOSTA, WILLIAM ANDREW 190106 $2.41 1/9/09 47261 BROWN, IARA NAOMI 190352 $0.25 1/9/09 47263 MACBETH, JOELLE STARR 190125 $1.22 1/9/09 47270 LEE, CHANH TA 190187 $79.71 1/10/09 47278 RANKIN, TIMOTHY ALLEN 190379 $10.64 1/11/09 47550 NUETZEL, LACEY JOANI 187953 $0.48 1/11/09 47551 POINT, ADAM CHRISTOPHER 190049 $0.29 1/11/09 47281 AEBISCHER, DOMINICK MARTIN 190398 $2.56 1/12/09 47553 MENCHACA, RAMON JOHN 189975 $0.49 8/6/09 47305 Schulmeyer, Brandon Anthony 174597 $47.56 $285.16 Page 1 of 1 215 (This page intentionally left blank) 216 WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. 2011-43 2 CLEARANCES Initial Date Date Received in CoctncilOffice Agenda Date Assi,nerl to: Originator: t1/y�i 1 E C E� E D 1216111 Introduction Diiision//eacf: V 1/10/2012 Council G!/20 �l Depl. Heart: ZA& NOV 2 9 2011 Prosecutor: ` I ag l ' WHATCOM COUNTY Pau•chasing/Biedgel: COUNCIL E.eeculire: 00II TITLE WFD CUMENT. Repeal of WCC Chapter 2.65 Election Precinct Officers ATTACHMENTS: Ordinance SEPA review required? ( ) Yes ( •I-) NO Should Clerk scherhrle a hearing? ( ) Yes ( /f NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (IJ'this item is an ordinance or requires a pit blic hearing, you must provide the language• for zrse in the requirer/ public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Request repeal of WCC Chapter 2.65 Election Precinct Officers since the vote -by -mail process does not need the service of precinct officers on election day. COMMITTEE ACTION.• COUNCIL ACTION: 12/06/2011: 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.whatconi.wa.uslcouncil. 217 PROPOSED BY: AUDITOR'S OFFICE SPONSORED BY: CONSENT INTRODUCTION DATE: Dec. 6, 2011 ORDINANCE NO. REPEALING WHATCOM COUNTY CODE Chapter 2.65, Election Precinct Officers WHEREAS, Chapter 2.65 relating to "Election Precinct Officers" covers payment of fees for service when serving as "Judge" or "Inspector" at any election, when mileage reimbursement will be made, and provision for when an election precinct officer works less than a full day; and WHEREAS, this chapter no longer applies since the move was made from poll site voting to vote -by -mail. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Section 2.65 is hereby repealed in its entirety. ADOPTED this day of 12012. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Crv, y Prosecutor Sam Crawford, Council Chair () Approved () Denied Jack Louws, County Executive Date: 218 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2011 ass CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 11/16/2011 1/10/2012 County Council Division Head: Dept. Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT: New Year Appointments to Council Boards and Commissions ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) 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) 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. 219 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 January 10, 2012 MEMORANDUM TO: All Whatcom County Councilmembers FROM: Jill Nixon, Administrative Cler* COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Pete Kremen Ken Mann Carl Weimer SUBJ: New Year Appointments to Board/Commission Vacancies Following please find: • WCC 2.03.060 and 2.03.075 for your review. • The current vacancies with specific information regarding the boards and committees, their vacant positions, qualification requirements of the positions, and descriptions. • Applications to fill vacancies on various Council -appointed Boards and Commissions. All vacancies have been listed and published per Whatcom County Code (WCC) 2.03 since November 10, 2011. The list of boards and commissions with vacancies was published in the Herald legal section on December 3, 2011. Additionally, the Noxious Weed Board vacancies were published again on December 10, 2011, per Revised Code of Washington (RCW) 17.10.050(2). Appointments to the Whatcom County Flood Control Zone District Advisory Committee, the three subzone advisory committees, and the Birch Bay Watershed and Aquatic Resources Management Advisory Committee must be made by the Council Acting as the Board of Supervisors. If you would like more information, please let me know. C: Dana Brown -Davis, Clerk of the Council AB2011-389 AB2011-389A 220 2.03.060 Appointment of noncouncilmembers to boards, commissions and committees. For appointment by the council of noncouncilmembers to those boards, commissions and committees performing either an administrative or a legislative function, the council shall publish vacancies on its website 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. Councilmembers shall make nominations from the list of applicants at this same regularly scheduled council meeting. Nominations for appointment to any position having a residency requirement as to council district shall be made only by the councilmembers from the district or the councilmember at large. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire council. In the case of only one applicant for a given vacancy, nomination and appointment by general consent may occur. (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)). 2.03.075 Review of nominees and executive appointees. A. Councilmembers will individually be responsible for meeting or contacting individuals nominated to serve on a board, commission, or committee, and individuals whose appointment by the executive is scheduled for confirmation by the council, prior to the council's consideration of the nomination or request for confirmation. B. The council chairperson may arrange for the council interview of the nominee or the recommended executive appointee prior to the regularly scheduled council meeting at which appointment or confirmation will be considered. C. The names of recommended appointees by the executive, and the names of nominees by councilmembers, shall be published on the agenda for the council meeting at which action is to be taken in filling a position or confirming an appointment. (Ord. 2010-045 Exh. A; Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A) 221 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 November 22, 2011 COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer This list represents all vacancies through January 2012. The Whatcom County Council makes appointments. All members must be registered voters, residents of Whatcom County and, if applicable, reside in the area they represent. ADDRESS AND ROAD NAME CITIZEN APPEALS COMMITTEE 3 Vacancies - The committee considers and decides appeals of address numbering, road name assignments and corrections by reviewing appeals. Meetings are held the second Wednesday of every month. Three-year term. Applicants: None BIRCH BAY SHELLFISH PROTECTION DISTRICT ADVISORY COMMITTEE 1 Vacancy. Member must have a direct interest in the Shellfish Protection District. Duties are to advise the County Council on the proposed actions and operations relating to the restoration of water quality in the Birch Bay Shellfish Protection District. Term expires on the sunset date of December 31, 2012 (Ord 2010-046) or upon removal of the downgrade, or the district is dissolved by legislative ordinance. Generally meets twice a year. Applicants: Bradley C. Carter, Kelvin Barton BOARD OF EQUALIZATION 1 Vacancy, representing District 2. The Board ensures that all properties are valued at 100% of market value. The Board may equalize property values by either lowering or raising land/building assessments. The Board meets as needed. The Board generally meets on Wednesdays and Thursdays, with occasional Tuesday meetings as the caseload requires. Members receive $75 per diem for attending hearings. Applicants: Michael A Loe, Sonja Merk COMMUNITY NETWORK 3 Vacancies, 1 current member eligible to reapply. Community public health and safety networks reconnect parent and other citizens with children, youth, families and community institutions that support health and safety. Board members shall be citizens who live within the network boundary and have no fiduciary interest. Three year term. Meets the second Tuesday of the month. Applicants: None HORTICULTURE PEST AND DISEASE BOARD 4 Vacancies. 1 current member eligible to reapply. The Board assists Whatcom County to effectively control and prevent the spread of horticultural pests and diseases. One member shall have . at least a practical knowledge of horticultural pests and diseases. The other members shall be residents of the county, own land within the county, and be engaged in the primary and commercial production of horticultural product(s), one of whom shall be engaged in the production of certified organic produce, if available. Two-year term. Committee has been inactive, but may reactivate in 2012. Applicants: Brian Cieslar, John Davies 222 NOXIOUS WEED CONTROL BOARD 1 Vacancy, representing District 4, current member eligible to reapply. The Board promotes education of the public concerning management of listed noxious weeds such as tansy ragwort, knapweed, purple loosestrife, knotweed and their impacts on natural resources. Four of the five members must be engaged in agricultural production. Must reside in the represented district and have ten signatures from registered voters in that district. Members receive mileage reimbursement for meetings, and generally meet every other month. Four- year terms. Please call the Weed Board Coordinator at 715-7470 for more information. All applications should be sent to the Whatcom County Noxious Weed Board, 322 N. Commercial St., Suite 110, Bellingham WA 98225, by December 16, 2011. Applicants: None WHATCOM COUNTY PLANNING COMMISSION 1 Vacancy representing District 2, current member eligible to reapply. Applicants must reside in the Council District they represent. Assists the Planning & Development Services Department in carrying out its duties, including assisting in the updating and execution of the Comprehensive Plan. The Commission makes findings and conclusions to the Planning and Development Department and the County Council. Meetings are held on the second and fourth Thursday of every month. Four-year terms. Applicants: Gary Honcoop (Incumbent) SOLID WASTE ADVISORY COMMITTEE 6 Vacancies: • 2 representing citizen groups • 2 representing public interest groups (1 current member eligible to reapply) • 1 representing the waste collection industry (current member eligible to reapply) • 1 representing the waste recycling industry (current member eligible to reapply) No two representatives can be from the same company or public interest group. The committee provides ongoing public input and advice to Whatcom County on solid waste management issues. Three year term. Generally meets the last Thursday of the month. Applicants: Marjorie Ann Leone (Incumbent, Public Interest Group) SURFACE MINING ADVISORY COMMITTEE 10 Vacancies: • 1 civil or geo-technical engineer with no direct or indirect financial business ties to the industry • 1 ecologist • 1 environmental consultant • 1 geologist • 1 representative of potable domestic groundwater supply • 1 surface mining material user (current member eligible to reapply) • 1 citizen living in close proximity to active mining or mineral overlay area (current member eligible to reapply) • 2 members of the surface mining industry • 1 member of the forestry industry (current member eligible to reapply) Committee advises the Whatcom County Planning and Development Services Department and the Whatcom County Council on implementing a surface mining regulatory program consistent with the Comprehensive Plan. Two-year term. Committee has been inactive, but may reactivate to consider the mineral resource lands section of the Comprehensive Plan in 2011 or 2012. Meeting frequency to be determined. Applicants: • James F. Carr (Incumbent, member of surface mining industry) • Chris Hatch (Incumbent, citizen who lives in close proximity to active mining or mineral overlay areas), • Jason Vander Veen (Incumbent, Surface Mining Material User) 223 m[D W � C PETS KREMEN County Executive DEC :2 8 2011 WHATCOM:COUNTY COUNCIL rQiGa"�', c��ya 0 COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner BIII Knutzen Tony Larson Ken Mann Carl Weimer -_ APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Co_nlemA-ve Which position on this board are you applying for (if applicable)? Do you meet the residency/employment/afflllatlon requirements of the position for which you're applying (if applicable)? (please see vacancy list for requirements.) M 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? (1C) yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes (-.4 no If yes, dates: Name: RP.Algy C. Car''F,-e- Date: �� J ? . 19>64 Street Address: S67"i INA;Aarn, City: S/ LL&, MIA zip Code: Mailing Address (If different from street address): Day Telephone: 3r,6 332 53 ICE Evening Telephone; S03 847 '24S I E-mail address: )3C AR7TEB SD3r? VAPOc>-CjM Cell Number: Occupation (If retired, please indicate former occupation): Agrcul-l-are Spp ;,��;�,� Professional/Community Activities: jre,ecn F kSe*�_ tea} Icw.�.t Pre s�_rya} W1 s r,icgy crook 1-1 ar�rl,�r*�y � �ud���� �r�c•e�+��l � �� �.rtyndS eF 0—m PnvMo f�t,'jer Education; lwt,ctteiS.i.1atcr ���iaur'ce /��,�►ti,��U.; Qio�lhcp�l3of �c+eln��yEN11,�.oloa4�U,cM��1�. Qualifications related to position: rlrSdMa� KV,,,Jl.6in j44 �1�.» S-ikf!.neG�� Aq we'w k oca) m, iOno r•,n_ Describe why you are interested In serving on this board or commission: �'aJ'c��fr+G�l �hkP�V►,.f,. _ i`etitictl qrt 4-1■�1*..: �{�� ip.Eo 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):,1e cbP) Z ,(C PA Signature of applicant: Me -'do 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. 224 . l 0/ ti 0 d 6£9ZZ££09£ '01q Xdd 30I Ado INOR3 SWOISAO Sn Wd 6V ; Z0 aIM i i 0Z-R-03G FROM Andrew FAX NO. : 4253398081 Dec. 28 2011 04:15PM P2 PETi= KREMEN Gold co COUNCILMEM13ERS: County Executive 0 2011 < o Barbara E. Brenner DECE2 8 V �''.. .. �'� Sam Crawford Kathy Kershner WHATCOM COUNTY Boil Kneen � or Tony Larson COUNCIL 9$J41MG 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 Sk,,, �sl, Pra-i_ e ru�Dk �� A" ✓,sv 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.) 04 yes ( ) no Which Council district do you reside in? ( } One ( ) Two WThree Are you a US citizen? M yes ( ) no Are you a registered voter? W yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes 06 no If yes, dates: Name: K a_l u i�, Date: 1.1 -a 9 - z 01 Street Address: �f ed City; 36,_k � 131 a-;_,c Zip Code: g8.23 d_ Mailing Address (if different from street address): Day Telephone: -3(oD 2- Evening Telephone: 360 - q47- !f 1 Z E-mail address: k ek ',i 1 o Ve� to pes . G am _ Cell Number: 3 (o6 -g.Z?Z- Occupation (If retired, please indicate former occupation); prr�aro► Ma...cq@r - fo��( 40.,_�.y.��t` Professional/Community Activities: },�gv,.�.-Ec Rt,/�+� fir` LJ La.-ti.� (�i.L �.r .w►.^!.[. C iS G.a t 1� V V � SD '+,. O' dr 1 .� V � r-C�' _ �1.•,..�w eyC Education: 5+ yt-. e_4(leyc_, A4 C`p,n..pr.+v- Qualifications related to position:{ ,_ a Pray ra rn. M c(L�.N A Ter &., A 1.(tio a f_ s y NQe,•s Describe why you are interested in serving on this board or commission: 1 .� .tL � � G �. � e.Pp-r.Jr• + n �tt O� rM1. � sl��J)}"CSjf C 1 n M Q � �t.�s�,, 1d IIA-Q fJ I�i t GK ZToa�,�� 1.x1.`� rD IYLRJ'`2'f6l.fn T /r` a_ 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): Pac* 411,es e- 3W 3%) — 2070 Signature of applicant: ILI 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 o�nas-rarinnc mar rPcult• in revocation of appointment and removal! 'from the appointive Position. rom the a pPoi�'tie by k4, �171r, nave �&l e on, FROM : Andrew FAX NO. : 4253398081 Dec. 28 2011 04:15PM P1 To: Whatcom County Council From: Kelvin Barton Date: December 28, 2011 Subject: Birch Bay Shellfish Protection District Advisory Committee included with this fax is my application for the open position on the Birch Bay Shellfish Protection District Advisory Committee_ l am an owner of beach and tide flats in Birch Bay as well as business owner in the community and would be delighted to work at maintaining this important heritage. 2 pages including this one. x 226 PETE KREMEN County Executive �GOM cc) a NOV 2 1 2011 PI)UNCILMEMBERS: Barbara E_ Brenner Sam Crawford Kathy Kershner Bill Knutzen �9SM1IN WHATCOM COUN FY Tony Ken Marron COUNCIL., Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: �� 0 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.) � yes ( ) no Which Council district do you reside in? ( ) One N Two ( ) Three Are you a US citizen? yes ( ) no Are you a registered voter? AA yes ( ) no Have you everbeena member of this Board/Commission? ( ) yes '\A no If yes, dates: Name: I •� ���, �� 0� , Date: Street Address: - 5 1, d Old 6 X 15E PZ W 1 i City: �'�II�Fl� lr(0%3 Zip Code: Mailing Address (if different from vstreet nad�djress): Day Telephone: ) h �� 0 / / Evening Telephone: tf E-mail address: Occupation (If retired, please indicate former occupation): V U -2 / P///7 / 4 / _ Professional/Community Activities: ��r�� 74A//c Education: H P VW161. Qualifications related to position: ,� , 4(/'Y iU Ffffil /w I P/ L� 1,16-k;0 / /& 11 t�®M hl L Y P End/, Describe why you are interested in serving on this board or commission: 91 I -IT ip TOM L/ ltC 1-0 s:6x ilr MY C014 0 M I' Y 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): ��j �i/� �1�� r� / 70 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. 227 i---'I- CEVCD PETE KREMEN County Executive OCT; 31 2011 WHATCOM COUNTY COUNCIL COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: we) *-Aa 6--r F Q U 2LL1 2: << dw Which position on this board are you applying for (if applicable)? �I ST' Z ]3y+eLf\ McMjog Which Council district do you reside in? ( ) One (j� Two ( ) Three Are you a US citizen? Oyes ( ) no Are/you a registered voter? (Ij yes ( ) no Have you ever been a member of this Board/Commission? �� If yes, dates: l l/ `R l03 7 l2, 3 /05 Name: 5 0 -A M 6�t< (C Date: Street Address: AID At-C-K A-- VO City: Al L 014- 54--c-,(< Zip Code: Mailing Address (if different from street address): Day Telephone: 36o ^ t/Z-(/ Evening Telephone: 3 Fax Number: E-mail address: So�1`�aavt vt Gro55 �,%� c bin ec�� nvr �, n,e� Occupation (If retired, please indicate former occupation): _/_ Pit/ Professional/Community Activities: � PJ��GS C�. 5t`�A 54F )Pit e6,4, r u.�tTy/ 5d*�or Education: 5 2- C K-&41T5 UNiveKs jr`/ 6F M? IVLtff,SI�JF Qualifications related to position: &R- Tw() j EKM S S 1 b4jKd N F,-0 e;K Describe why you are interested in serving on this board or commission: �l ( �/ 1 D yr+J u/E172�lYt%� 61V I� r✓ 6d --�� F�� F� ThLE P is p P L G +�J IyV tib 6 /1(- 4 L a PP6g �U 'jy wi`( Tt5 Ja>a-RD &Alo -� wp"i-43 L1K0 `77 Li� )f iP47,�l LAZ E �/2/7GtrSsr 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 (Jy no If yes, please explain: /// References (please include name and daytime telephone number): AAV,0 (75' Sri R L,vvvf As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 228 PETE KREMEN County Executive COUNCILMEMBERS: D Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knuen NOV 18 2011 Tony Larson Ken Mann WHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBL/Y� g} �1 Name of board or committee -please see reverse: c' is ('Lu�e �eg" � c& 6%_sec--se &amw Which position on this board are you applying for (if applicable)? Bepsi l Ca f Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if ,2.� Stir �► F` Lam' C E V E applicable)? (Please see vacancy list for requirements.) (jQ yes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (�) yes ( ) no Are you a registered voter? t 4 yes ( ) no Have you ever been a member of this Board/Commission? `/ ' yes ( ) no If yes, dates:�Ne-ra.( ueav" ass n � c Name: C I e-S 2Y` Date: I (- 17- i( Street Address:�J City: L.iyJe,v, Zip Code: RRVG( Mailing Address (if different from street address): Day Telephone: 36p -- 3SL4 - W iQ Evening Telephone: -�,60 - E-mail address: tpea e_V&"rw,S, Cow, Cell Number: 3(OD-Lo0 - 9 6 5 Occupation (If retired, please indicate former occupation): ! X' ` Professional/Community Activities: eSMy Cc3WW_ES-. 6(G , c cYSa �� 5< Pes`��CL/XC �C;wtwlrSsco�. w Swol( Evals 'Fer Education: U I,UCcs� nG S`�r�e liaiy'��siF,� _ A(s e I: PL(f ue,CsAv 0-' VJ s4�hAsly-, Qualifications related to position: 0 Pik %-a 1 W 6 -A Describe why you are- interested in serving on this board or commission: `l?_4r_� l A%AAMA PY_rLM( CXGv-fC1 ix- Rek\,V&l - /)YC-Se-t j 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 t) no If yes, please explain: References (please include daytime telephone number): He,-. ry Q rec 1j h K 35q—M 7 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. 229 PETE KREMEN County Executive AGO M co 3rP G~� �9`ShING�0 MCD u a E G V DEC 0 7 2011 WHATCOM COUNTY COUNCIL ®OUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE 'P//RINT 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.) (/) 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? (�/) yes ( ) no Have you ever been a member of this Board/Commission? ()) yes ( ) no If yes, dates: Name Street Address: V/ Date: /a - a — // City: Zip Code: 7 �c� T Mailing Address (if different from street address): Day Telephone: '31 6 -g`�n�-� E-mail address: (,t_H Evening Telephone: 6 - -I Occupation (If retired, please indicate former occupation): Professional/Community Activities: Cell Number: Education: Qualifications related to position: 'i/r EE� 4 I-vol 1F)C Describe why you are interested in serving on this board or commission: 4--, 4 �F/� 13«c�� ?Ry �/Qme-p, �L BFC/EVE /T , /� ✓ElZf� //r1POeTAdlT Cv,e `Tr/iS e0'),eD Yo &F TiC% �v� PQGq/.✓. 4do / er NiDR — eTi P2E en/ 5', Z— �o 7�D flu Tp /F 6T 74 V rti r� gL E 1 �u� r� ReE- G'kA D `Ta S�E'RVL lF 17- ,) FA4 Vs ORV I A16 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): ONEE��� 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. 230 PETE KREMEN CD L ' C LC, � V [E ®OUNCILMEMBERS: County Executive �GOM co P `.y Bar bara E. Brenner r „ 3 t < DEC ' 2011 Sam Crawford Kathy Kershner Bill Knutzen 2 UVHATCOM COUNTY Tony Larson Ken Mann COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Planning Commission Which position on this board are you applying for (if applicable)? Dist. 2, Current Position 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 (X) Two ( ) "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? (X) yes ( ) no If yes, dates: 2010/2011 Name: Gary Iioncoop Date: 12.10.11 Street Address: 770 E Wiser Lake Road City: Lynden Mailing Address (if different from street address): Day Telephone: 360.398.2800 E-mail address: Evening Telephone: Zip Code: 98264 360.354.2865 garyh@ncc-wa.com Cell Number: Occupation (If retired, please indicate former occupation): General Contractor Professional/Community Activities: Founder and President of Roosendaal-Iioncoop Construction Education: high School, Whatcom Community College, AGC Business and Project Manager Courses Qualifications related to position: Over thirty yrs working with Whatcom County zoning and comprehensive plan; designing, permitting and building projects in Whatcom County Describe why you are interested in serving on this board or commission: To serve my community using ,my experience and expertise working with zoning and comprehensive planning in Whatcom County Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (X) no If yes, please explain: References (please include daytime telephone number): Whatcom County PDS 360,676,6907 Sam Rvan ext. 50221 Signature of applicant: As a candidate for a public board oWcommission, the above information will be available to the County Council, County Executive, and the public. 231 PETE KREMEN COUNCILMEMBERS: County Executive Q,�Gor� c�p� 2 n �l p D Barbara E. Brenner d' EC' �V IJ �V/ IE � Sam Crawford s'�;,. ` • A Kathy Kershner Bill Knutzen DEC 21, 2011 Tony Larson �9SH1 NG�Oc�' Ken Mann WHATCONI C''OII UNTY Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUN4U�RDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: c uA wade. f -J V;sm:�l Which position on this board are you applying for (if applicable)? ?Jblry Infee-ts+ G1ro Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) N yes ( ) no Which Council district do you reside in? (X One ( ) Two ( ) Three Are you a US citizen? K yes ( ) no Are you a registered voter? yes ( ) no Have you ever been a member of this Board/Commission? 0< yes ( ) no If yes, dates: 1/2vli Name:V 144tit?� Aria L"n,e, Date: Iz115�l1 Street Address: 2913 B"ad St U City: �,� kk4i, Wk Zip Code: -! 9 2-Z5 Mailing Address (if different from street address): _1_-04'ne_� Day Telephone: 3fPQ $J5 Evening Telephone: S&O to6? E-mail address: M0l ri 1 C,_b, rif, — St one—, D t:4 Cell Number: A) 1A- Occupation (If retired, please indicate former occupation): B_ dA M&ha_ae� at J+, � Sfoij Professional/Community Activities: iFOrMCir f�tJ" Ma°.r� 'for kt U&e_ a0*5 ; firer►-uorr 1 Daryl wyl L� -F-W 14ny_&A� I�Drk Sl,�; Education: Qualifications related to position: 13 Ueyg� y,Ikwe, wc, ft_y1Sbt1 Q Sore, In cA viw+ c44vu-R, rna�rrl atg Describe why you are interested in serving on this board or commission: bcna 'I Gibe G - vpr m r'� ci ,�, 8 r a r h�.-� P,P / i\ `�� i'i'1 W ✓n fm '71—d ARM 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 Kno If yes, please explain: References (please include daytime telephone number): Kor+ 6 isarir, -3(oo _ gi5 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. 232 PETE KREMEN j DD COUNCILMEMBERS: County Executive �CGeM-co` �Uj Imo- Barbara E. Brenner Sam Crawford 20�� Kathy Kershner NOV Bill Knutzen Tony Larson �;OUNV Ken Mann �9SHIrvcs'��r ���.�G®� NOUNGIl Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: c `' to C -to 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.) Kyes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? Ayes ( ) no Are you a registered voter? yes ( ) no Have you ever been a member of this Board/Commission? kyes ( ) no If yes, dates: h a/S 1- 3Name:J_AMES F� Cd RR Date: /i l - *,20 Street Address: C; VA v City: �lJ �Q r 1� p Zip Code: Mailing Address (if different fropm- street address): Day Telephone: 3lS/� v / Evening Telephone: E-mail address: �� 'PI Ile �}�Q�/Ve � � e /7Cell Number: Occupation (If retired, please indicate former occupation) Professional/Community Activities: Education: B S P( cjS' P144 L4 P P r: L -/�o 0 5YI, %(, Qualifications related to position:Py t Describe why you are inter ted in serving on this board or commission: 6Z 241 147 14 4,7t-, a/ a e__ 6,,-, r 0 S u r d 21 Sv 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 Xn o If yes, please explain: �i References (please include daytime tel one number): P �` 11(G Signature of applicant: As a candidate for a pydSlic board or commission�� above information will be available to the County Council, County Executive, and the public. 233 PET€ KREMEN County Exe<urive COUNCILMEMBERS; arbara r. Brenner Sam Crawford Kathy Kershncr Bill Knutz<:r, HRir�� Tony Larson \•�.. '2 KenMann. 9SHt N M. COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE Name of board or committee -please see reverse: _ z( M) ,n, Which position on this board are you applying for (if applicable)? EcFEgVE W 28 2011 Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) ( -}eyes ( ) no Which Council district do you reside in? (One ( )Two. ( ) Three 3Are you a US citizen? (.dies ( ) no Are you a registered voter? ( --)'fes ( ) no Have you ever been a member of this Board/Commission? (_,"Y'es ( ) no If yes, dates: r-t Y) eAl Name: r 1's Date: Street Address: '40 80 City: Mailing Address (if different from street address): Day Telephone: 5q �r 61 9 S �3 Evening Telephone: - Zip Code: 99zz 0 E-mail address: _ ^ Cell Number: Occupation (If retired, please indicate former occupation): _ 71 S4 a-. Professional/Community Activities: �J�u r{ O ktb%^ i Education: W I-V Qualifications related to position: - Describe why you are interested in serving on this board, or commission: _ e pt A-e—y" ,",in �- '4-o'" 4''4,- owl W, to vt � r CL V"A � ✓ C/i d � � �! � Lt � � 7� r 12 � �^ t' Gt S 1 L_ Y� % a°r �,G s �7 Sl1 rP i� cl -F_ y!/I E •n !Vt 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): "T S74-Q --4 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 23p4 sition. 100,'LOOd PESO# Eb l0 llOZ12ZIZl PETE KREMEN County Executive �RSHI NG�Q� COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Which position on this board are you applying for (if 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? 0 One Two ( ) Three Are you a US citizen? �4 yes ( ) no Are you a registered voter? ( ) yes ( ) no Have you ever been a member of this Board/Commission? t4 yes ( ) no If yes, dates: cL.&.✓Y�d.�-I� Name: TaSo v1 Vaacde - Ve-en Date: l I 1 Street Address: 1 y"ZS Eas+- Pp � e P-oad �r City: eve rso n Zip Code: Wlk- qq 2-4-7 Mailing Address (if different from street address): Day Telephone: 3 (0O - 3 J Lq- 1 1 Q L% Evening Telephone: 3 foO - 3 5 L4 - ( I g 4 E-mail address: Vee_ VN+ear►\ P_akrai Co r✓) Cell Number: 3(00 -8/5-0731� Occupation (If retired, please indicate former occupation): Da i Professional/Community Activities: F�k_yrv) (3L''e a_U , i k" C O w.. v►- 1 5 CArn ro-LA_, l 4-, ► 5e-►' V i c 2 Education: Elk l k 5b 1©(D + — 10 6a-1 -Teckh l Cc-1 Qualifications related to position SG�'veof ) n I,-,oayd S pre✓i o ins l q , � ,-e_E4-eJ I Yi I a v\,-k U.S & I S S ut, e-s, Describe why you are interested in serving on this board or commission: i E- has he Ve v- wee-+. - W oo_(J I t- ke, -I-0 V1��� c cI i' v, -(�� ► s 01 G 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 111�4 no If yes, please explain: References (please include daytime telephone number): Bel'n e_ P­tLk (delr A3(00 - g/5 - Signature of applicant: ItarIL N-a-4� 260-,;),01-4mI As a candidate for a per lic board or commission, the above information will be available to the County Council, County Executive, and the public. 235 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 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 SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) 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.) Council acting as the Flood Control Zone District Board of Supervisors COMMITTEEACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 236 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) 7384555 TTY WHATCOM COUNTY COUNCIL COUNCIL -APPOINTED BOARDS AND COMMISSIONS VACANCIES November 22, 2011 COUNCILMEMBERS Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer This list represents all vacancies through January 2012. The Whatcom County Council makes appointments. All members must be registered voters, residents of Whatcom County and, if applicable, reside in the area they represent. FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE 7 Vacancies: • 3 Vacancies representing Geographic Areas, 1 current member may reapply, four-year terms. • 2 Vacancies representing Special Districts, current members may reapply, one-year terms. • 2 vacancies representing impacted cities, current members may reapply, one-year terms. • Any person interested in serving on the advisory committee may be appointed to an alternate member list for a term of six years. Alternate members shall be notified of each meeting and encouraged to attend. Please indicate on the application which position you wish to represent. Committee assists and makes recommendations to the Board of Supervisors in performing flood damage repairs, maintenance and improvements, and minimizing future flood damage through prevention and management on the Nooksack River, its watershed, and the other watersheds within Whatcom County. Meets monthly or as needed. Applicants: • Scott Bedlington (Alternate Member since January 2010, Geographic Area) • Robert J. Bromley (Incumbent, Small Cities) • Ron Bronsema (Special District) • Dan McShane (Incumbent, Geographic Area) • Steve Seymour (Geographic Area) • Tom Smith (Geographic Area) • Theresa Sygitowicz (1" choice is Geographic Area, 2"d choice is Special District. Current incumbent for Special District.) • Harry E. Williams (Incumbent, Special Districts) • L. Alan Yoder (No position indicated on application) 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 • Keats Garman (Position B Incumbent) • Scott Inloes 237 ACME/VAN ZANDT FLOOD CONTROL SUBZONE ADVISORY COMMITTEE 2 Vacancies, 1 current member eligible to reapply, 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. Applicants: • John La Monte • Tom Smith LYNDEN/EVERSON FLOOD CONTROL SUBZONE ADVISORY COMMITTEE 2 Vacancies, current members eligible to reapply, 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. Applicants: • Ron Bronsema • Jeff De Jong (Incumbent) SUMAS/ EVERSON/ NOOKSACK FLOOD CONTROL SUSZONE ADVISORY COMMITTEE 2 Vacancies, 1 current member eligible to reapply, 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. Applicants: None 238 Nov L/ 09 U1:55p The U P S Store 480 816 9656p.1 -pDti PETE KREMEN C:OUNCILMEMBERS: County Executive cC.0m cQ Barbara E. Brenner P � Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Robert Kelly QSHiHC, L. Ward Nelson Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? CjmqftTh�c- Which Council district do you reside in? ( ) One ( ) Two j`�Three Are you a US citizen? (>j yes ( ) no Are you a registered voter? (X'yes ( ) no Name: Ccr l Date: 8— -7 -07 Street Address:- OL1012 6-7ci C/e 1'14°r.#,wI a20 City: 11riern Zip Code: Mailing Address (if different from street address): Day Telephone: ,1�4'0 S-1.5 1%70 Evening Telephone: TCC, Fax Number:_ 60 -Y-'5-y ?b/F E-mail address: S� i�nrr�i-1 /y1 . f.��tr Occupation (If retired, please indicate former occupation): Professional/Community Activities: AN�f -jig /'i;,Ccd/ ,(,L/ /e_-_4 Q rlGf ���.SG?crs� �rzc r rl Education:�`4% Sr Lic�co� C�`ffC� Qualifications related to position: Describe why you are interested in serving on this board or commission: J�__ e%-xLV(,,f1e1 -t-i 60A,;r.'6,.4C Y111 V JEx per^1 C."cP_ rx4d Re i (XV01-ye1 ,V) -,11 Wh Q4 E.-c m---lo iX 1%�i 1';` �f ;A- + 61�_ Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes .(} no If yes, please explain: References (please include name and daytime telephone number): C'7yi!6 Ft; e. 9/4' c/I-' 1Rlj/ Signature of applicant: (9- As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 239 PETE KREMEN c COUNCILMEMBERS: County Executive ,�GOM coL L� S� Barbara E. Brenner sP ti� Sam Crawford Kathy Kershner DEC 0 7 2011 Bill Knutzen Tony Larson Ken Mann �9SHINGHATCOM COUNTY Carl Weimer COUNCIL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: FLoDg G�t�i�Al. yni& 6DAAJ\A - Which position on this board are you applying for (if applicable)? SMP,L,L � Glfil C—� 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 ( ) Three Are you a US citizen? -3,4 yes ( ) no Are you a registered voter? t4 yes ( ) no Have you ever been a member of this Board/Commission? �j yes ( ) no If yes, dates: Name: Ro&>✓✓'�T Street Address: ::506 V,&rX.0LAV&(L Date: i' 2% L�; C I I City: �u�l G Zip Code: 47g 251�- Mailing Address (if different from street address): 1'O � �� I Day Telephone: qi S�-'+72-1 Evening Telephone: E-mail address: F���{or�J✓blMleM ct�y d__1c.t.VV%"e> � Z,or"k Cell Number: L Occupation (If retired, please indicate former occupation): �►� Bi�51�1�`� �''y)� �iN &q0Y �� cy��� Professional/Community Activities: I�Ll m 4r, LI-y d- &\,►nrtA_S , &4mz-s s� Education: Qualifications related to position: _�_ 1Q0AL,�z 1V , A, Describe why Iyou are interested in serving on this board or commission: 1l _ 0 1-_,�:r_✓v e, vw 6on"I' wl uM t c l �/,%�ct you i n 6 ►� +mot GM�I C' �►�d--ov��-yo 8Y 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 Z:�§ no If yes, please explain: References (please include daytime telephone number): r0 4 FG,jj� �o I -- g 3 loon �DY1� 393 l �i a S e. ; L 9U 5 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. 240 PETE KREMEN County Executive W E C E it V It DEC, 114 2011 WHATCOM COUNTY COUNCIL. COUNCILMEMBERS: Barbara E. Brenner Sam Crawford DKathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse:: -47a,lGonlroL 7Pr7 e Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? M yes ( ) no VVI Two ( ) Three Are you a registered voter? yes ( ) no Name: E��f 'bYl S ll Date: L Street Address: ��•3 lyoxT/���a �� City: Zip Code: 1/7 Mailing Address (if different from street address): P_ Day Telephone: tea � j Evening Telephone: �a 22 � Fax Number: , E-mail address: �",///-'j'e y iUe7`— Occupation (If retired, please indicate former occupation): Aq-1 Y Y Professional/Community Activities: eem eL �j1r�y��'hNiPsT PeiYv,�55aG�^yT�YI lil/GC • STET � ��� � • STirT� � 'y�iP�y�T� . Education: 1-yn'- G& ? Qualifications related to position: dT i^���GonTYvL %. G1��riYl��1'1 &11—e e ­4- cl- Describe why you are interested in serving on this board or commission, Do y'ou or your spouse have a. financial interest in or are you an employee or officer agency that does business with Whatcom County? ( ) yes (x} no If yes, please explain: any business or References (please include name and daytime telephone number): ,]/A ! "e- P>y M,4 2%^ of Signature of applicant:Y�'�I/i���-s-r�i As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 241 PETE KREMENCOUNCILMEMBERS: 11 �� �� Ca Barbara E. Brenner County Executive p� Sam Crawford Kathy Kershner DEG 2 9 2 11 :. Bill Knutzen Tony Larson � f{ � ly J 11 i C l l '�0 Ken Mann �Nr' Carl Weimer 000N,C iL APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY /I Name of board or committee -please see reverse: rloo d LUJ/ 0I I10Ae 0IAl,%c+ Vosoe a Comm�'71`e,�_ 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.) (4 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? yes ( ) no Have you ever been a member of this Board/Commission? ()t) yes ( ) no If yes, dates: dO07-�0/I44d Name: JA n PA6kC4r+t Date: IZ� 1y/ll Street Address: 11-I S I &.11."J 5k City: 6Gl11nQ6rK, W4 Zip Code: Wa.ZS Mailing Address (if different from street address): y Day Telephone: W 4 -Wlf- 9y49 Evening Telephone: lib,4) �y7-37y`l E-mail address: P1CS4aAeo(aA e- QMa%/. 6d I Cell Number:C360�5/D-5yd� Occupation (If retired, please indicate former occupation): OW &e o/oc,;s� Professional/Community Activities: GSA. G,4e5� 1�� -c aid e/d �,.;,05 G�L✓Gt� Ivti�f� o,„ Cl���r� 04 �N rN�wiSC , ��/Ivif/ C�Hnt / �OKnL•I Ml�+a%pr Education: &edpo,v Qualifications related to position: reAw+ r r`qi wr j e ocvul-pk c ato ' s � eS es' o,-reW 5A Describe why you are interested in serving on this board or commission: Avil"A sdhAd Rdv%Le /i *5 q/1 09fA'r., A� blT J► 2 e /ooy( Itf al0//4/S , �rrSkr t gDool b�dl c�3 q�c h.�a� 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 (Xj no If yes, please explain: References (please include daytime telephone number): Fled L►, kel t66, 3/Y- 901•) C.4 AVk4e� 63 0) r 5-b-109- IP3.2t l' (36d) 650- � 20-7 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. 242 PETE KREMEN Gpna CO � O �Q ®UNCILMEMBERS: County Executive V Barbara E. Brenner SsZ ;j Sam Crawford DEC .14 2011 Kathy Kershner Bill Knutzen Larson �9`S�ilNG��c' WHATCOM COUNTY Tony Ken Mann COUNCIL Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Tkoo CO o �zO v/5o2Y (DYA(, Which position on this board are you applying for (if applicable)? Geo° n"O ►c- Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (yjyes ( ) no Which Council district do you reside in? ( ) One ( -TTwo ( ) Three Are you a US citizen? (/) yes ( ) no Are you a registered voter? (-I yes ( ) no Have you ever been a member of this Board/Commission? (�f yes ( ) no If yes, dates: 2_00s>-20 / 0 Name: J%VE SE-Y1✓1QCe R Date: DiGC Ia, 20// Street Address: _:�%zS I�/�NA l�a/`-� City: B FLC//VG/4/}N� Zip Code: Mailing Address (if different from street address): Day Telephone: 6 7Co --20cf. Evening Telephone: 733—oR-?3 E-mail address: Sl'YJvI0u2t=/SN�t!'C m01q T ��£�T Cell Number: Occupation (If retired, please indicate former occupation): �/St! PrQQfessional/Communit Activities: WL7FF Vv4 2SN -r fo 9��7_C iS,6CRy 17[�/Sal2Y CoNMl77_cE ' 14C77c,'�E ,4JL>7-/C/PAA/r &0_':>MAA/J Education: 14A57'F112- �IF_K3CC_- +t<l,hef211!�_:S U NjlkZ2S 'F151nerdl[iE--S¢ µAVITAT 'BIC) U36 KX/ JS R%4sT 3o -/-IjA2S Qualifications related tog position: ' �YJ 1.LM©N t�eCoueey I SSaKLS I tv ucressF�,«y �eue�op�r cot_ioAF3r2 � 1 �t �caL�Ti�tJ k� AI tv14, , PA�e� Pt�l 1 M p I? 011 t-{e 1--)`r e o N iFI I C TS _ Describe why you are interested in serving on this board or commission: A41Tk+WD C11T0_(9Z T 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 Whart-�cro-m� ,�C.ounty? (des ( 4*01 If yes, please explain: C(?1212C l L-/ \l� OW< F� \, fPT C-"Q �igLCn1S; �R VVPf . tVLPAM � rLcl2e- �T:Poi-t IVN k5 'PosC uIOM 'T�-/- -),Jb 0-- ' 2012— 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. 243 Describe why you are interested in serving_ The Lower Nooksack Comprehensive Flood Hazard Management Plan, completed in 1999, provides the long range framework for addressing flood protection, yet the more incendiary elements of the plan have not been implemented such as channel migration boundaries and flood overflow corridors. Since the development of the LNCFHM plan, chinook, bull trout and steelhead have been listed adding another layer of complexity to plan implementation. The Flood Zone Advisory Committee provides a critical support to the County's River and Flood program providing broad stakeholder linkage to county staff and review of staff and consultant products directed at elements of the LNCFH plan as well as annual flood maintenance work. It is with this view that I believe my past experience working on salmon recovery, drainage, riparian and water quality issues, most times in collaboration with the Tribes, NGO's, and or the agriculture sector, will bring value to the work of the FCZAC. References Greg Ebe, Ebe Farms, 366-3441 Henry Bierlink, Farm Friends, 354-1337 Dorene Belisle, Bellword Acres. 398-9187 George Boggs, Whatcom Conservation District; 354-2035 Bill Verwolf, Lynden City Administrator 354-1170 John Gillies: NRCS District Conservationist, retired, 354-4703 Ron Bronsema, Past Chairman FCZAC 354-2972 Robert Knudsen, Past Member FCZAC 595-2335 244 Seymour, Stephen A (DFW) From: Greg Ebe [greg@ebefarms.com] Sent: Thursday, November 17, 2011 3:22 PM To: Seymour, Stephen A (DFW) Subject: RE: Whatcom County Flood Control Zone Advisory Committee position Steve, By all means list me as a reference. I will also send a recommendation. Greg From: Seymour, Stephen A (DFW) ImaiIto: Stephen. Seymour0)dfw.wa.gov] Sent: Thursday, November 17, 2011 10:29 AM To: George Boggs; John Gillies; Henry Bierlink; Dorie Belisle; Greg Ebe; Larry & Cheryl De Haan; Leroy Deardorff; verwolfB@yndenwa. org Cc: seymourfish@comcast.net Subject: Whatcom County Flood Control Zone Advisory Committee position Folks I will be applying for a position on the County Flood Control Zone District Advisory committee which will become vacant in January and would like to identify you as a reference on the application as well as solicit a few lines of support in an email I'd print and attach to the application. The Flood advisory board provides critical support to the County's flood program staff and is the community's primary representation on the board. As most of you know I have worked the past thirty years on resource issues in Whatcom County, striving to find the balance between fish protection and farming needs. It has not always been a comfortable ride but, from my humble seat, it has been a journey worth the trip.. or is it the trip worth the journey.. anyway, we've made tremendous progress. I will likely separate from the WDFW in June and view a position on the advisory board as a opportunity to continue to provide resources and knowledge to our community in support of those things I hold precious. Thank you for your support. Steve No virus found in this incoming message. Checked by AVG - www.avg.com Version: 8.5.454 / Virus Database: 271.1.1/4017 - Release Date: 11/14/11 19:34:00 245 Seymour, Stephen A (DFW) From: Henry Bierlink [hen ry@bertrandwid.com] Sent: Tuesday, November 22, 2011 11:12 AM To: Seymour, Stephen A (DFW) Subject: RE: Whatcom County Flood Control Zone Advisory Committee position You may certainly use me as a reference. Good luck! Let me know how I can help. Henry Bierlink, Administrator Bertrand Watershed Improvement District 1796 Front Street Lynden, WA 98264 360-354-1337 From: Seymour, Stephen A (DFW) FinaiIto: Stephen. Seymour@dfw.wa.govl Sent: Thursday, November 17, 2011 10:29 AM To: George Boggs; John Gillies; Henry Bierlink; Dorie Belisle; Greg Ebe; Larry & Cheryl De Haan; Leroy Deardorff; verwolfB@lyndenwa.org Cc: seymourfish@comcast.net Subject: Whatcom County Flood Control Zone Advisory Committee position Folks I will be applying for a position on the County Flood Control Zone District Advisory committee which will become vacant in January and would like to identify you as a reference on the application as well as solicit a few lines of support in an email I'd print and attach to the application. The Flood advisory board provides critical support to the County's flood program staff and is the community's primary representation on the board. As most of you know I have worked the past thirty years on resource issues in Whatcom County, striving to find the balance between fish protection and farming needs. I t has not always been a comfortable ride but, from my humble seat, it has been a journey worth the trip.. or is it the trip worth the journey.. anyway, we've made tremendous progress . I will likely separate from the WDFW in June and view a position on the advisory board as a opportunity to continue to provide resources and knowledge to our community in support of those things I hold precious. Thank you for your support. Steve 246 Seymour, Stephen A (DFW) From: Dorie Belisle [DorieBelisle@yahoo.com] Sent: Tuesday, November 29, 2011 3:55 PM To: Seymour, Stephen A (DFW) Cc: 'Steve Seymour' Subject: RE: Whatcom County Flood Control Zone Advisory Committee position Steve, I got my reply back so I am not sure which email is working. I hope I am not too late, but I would be proud to give you a recommendation... ANYTIME! Dorie From: Seymour, Stephen A (DFW)[maiIto: Stephen. Seymour('1dfw.wa.gov] Sent: Thursday, November 17, 2011 10:29 AM To: George Boggs; John Gillies; Henry Bierlink; Dorie Belisle; Greg Ebe; Larry & Cheryl De Haan; Leroy Deardorff; verwolfKi)Iyndenwa.org Cc: seymourfish(alcomcast.net Subject: Whatcom County Flood Control Zone Advisory Committee position Folks I will be applying for a position on the County Flood Control Zone District Advisory committee which will become vacant in January and would like to identify you as a reference on the application as well as solicit a few lines of support in an email I'd print and attach to the application. The Flood advisory board provides critical support to the County's flood program staff and is the community's primary representation on the board. As most of you know I have worked the past thirty years on resource issues in Whatcom County, striving to find the balance between fish protection and farming needs. I t has not always been a comfortable ride but, from my humble seat, it has been a journey worth the trip.. or is it the trip worth the journey.. anyway, we've made tremendous progress . I will likely separate from the WDFW in June and view a position on the advisory board as a opportunity to continue to provide resources and knowledge to our community in support of those things I hold precious. Thank you for your support. Steve 247 Whatcom Conservation District 6975 Hannegan Road, Lynden, WA 98264 Phone: (360) 354-2035 x 3 Fax: (360) 354-4678 e-mail: wcd@whatcomcd.org November 17, 2011 Whatcom County Council c/o Steve Seymour Re: Appointment to the Whatcom County Flood Advisory Citizen's Committee Dear Councilmembers: I urge you to appoint Steve Seymour to the above referenced committee. The issues before the it are critical, complex, and require support from all sectors of our community if we are to make progress. I have worked with Steve for my nearly fifteen years with the District. I consider him a unique and critical resource in harmonizing landowners activities with environmental considerations. In additional to his considerable technical proficiency, he brings a respectful, collaborative and creative influence to challenging situations. The Committee must represent diverse perspectives and be constituted with members who can and will work together for the benefit of Whatcom County. Steve Seymour can do that. Please call me with any questions you may have. Thank you for your kind consideration of this request. Sincerely yours, J George J. Boggs Executive Director Board of Supervisors: Joseph Heller Terry Lenssen Larry Davis Ed Stone Richard Yoder Seymour, Stephen A (DFW) From: Bill Verwolf (VerwolfB@LYNDENWA.ORGj Sent: Thursday, November 17, 2011 11:02 AM To: Seymour, Stephen A (DFW) Subject: RE: Whatcom County Flood Control Zone Advisory Committee position Hi Steve, I would be pleased to support your appointment to the Flood Control District Advisory committee. �[lr.�/v erwo/f City Administrator City of Lynden 300 4th Street Lynden, WA 98264 (360) 354-1170 From: Seymour, Stephen A (DFW)[maiIto: Stephen. Seymour(ftfw.wa.g_o 1 Sent: Thursday, November 17, 2011 10:29 AM To: George Boggs; John Gillies; Henry Bierlink; Dorie Belisle; Greg Ebe; Larry & Cheryl De Haan; Leroy Deardorff, Bill Verwolf Cc: seymourfish@comcast.net Subject: Whatcom County Flood Control Zone Advisory Committee position Folks I will be applying for a position on the County Flood Control Zone District Advisory committee which will become vacant in January and would like to identify you as a reference on the application as well as solicit a few lines of support in an email I'd print and attach to the application. The Flood advisory board provides critical support to the County's flood program staff and is the community's primary representation on the board. As most of you know I have worked the past thirty years on resource issues in Whatcom County, striving to find the balance between fish protection and farming needs. I t has not always been a comfortable ride but, from my humble seat, it has been a journey worth the trip.. or is it the trip worth the journey.. anyway, we've made tremendous progress, I will likely separate from the WDFW in June and view a position on the advisory board as a opportunity to continue to provide resources and knowledge to our community in support of those things I hold precious. Thank you for your support. Steve 249 John Gillies 208 South Garden Drive Lynden, Washington 98264 November 18, 2011 To whom it may concern: Subject: Recommending Steve Seymour for County Flood Advisory Board As District Conservationist with the USDA Natural Resources Conservation Service from 1978 to 2007, have known and worked with Steve Seymour for more than two decades. Since my retirement in 2007, I have worked with Steve to develop a comprehensive plan addressing fish, drainage, flooding and water quantity and quality issues on the Fishtrap Creek Watershed. Steve knows Whatcom County and the challenges faced by landowners in dealing with floods, fish and the attendant rules and regulations. His experience, knowledge and expertise would be an outstanding addition to the County Flood Advisory Board. I recommend him for this position without reservation. John Gillies (Sent via email) 250 XFIlV TY Connect http://sz0069. ev.mai l.comcast.net/umbra/b/printmessage?id=230805... XFINITY Connect Re: Flood Advisory Board From : Ron & Linda Bronsema <rbdairy@clearwire.net> Subject : Re: Flood Advisory Board To : seymourfish@comcast.net Steve, seymourfish@comcast.net + Font Size - Mon, Dec 05, 2011 04:52 AM Great news, the AC sorely needs your experience and knowledge of Endangered Species Act and river management issues. Steve Seymour brings knowledge of Endangered Species Act and flood issues that is needed to bring the Flood AC back to science -based decisions and away from politics and special interests. Ron Bronsema ----- Original Message ----- From: seymourfishCalcomcast.net To: Bronsema, Ron ; Knudsen, Robert Sent: Tuesday, November 29, 2011 12:06 PM Subject: Flood Advisory Board Ron, Bob, Trust all is well I plan to seek a position on the Flood Advisory Board which will become vacant in December. Towards this, I would like to identify you as a reference on the application. If possible could you acknowledge this in a return email and if your are comfortable with my decision, include a few lines indicating support. The latter will be attached to the application. Thank you kindly. Steve 1 of 1 9 011 9:58 AM Seymour, Stephen A (DFW) From: seymourfish@comcast.net Sent: Wednesday, November 30, 2011 4:43 PM To: Seymour, Stephen A (DFW) Subject: Fwd: Flood Advisory Board From: knudsenwagonmaster(c�gmaii.c:om To: seymourfish(ab-comcast.net Sent: Tuesday, November 29, 2011 7.28:27 PM Subject: Re: Flood Advisory Board Good to hear from you, I'm still in one Piece and doing ok. think its great that you are tryint to c; t back on the board it is badly in need of some common sence. served on the Flood Advisory Board .vith Steve for several years and he always brought a lot of knowledge and experence to the decision making process. believe that the council would be very hard pressed to finded a better person to fill the vacancy on the Flood Advisory Board Robert D Knudsen > Ron, Bob, > Trust all is well > I plan to seek a position on the Flood Advisory Board which will become vacant in December. Towards this, I would like to identify ,;,ou as a reference on the application. If possible could you acknowledge this in a return email ar i if your are comfortable with my decision, include a few lines indicating support. The latter will be . ::cued to the application. > Thank you kindly. > Steve 252 PETE KREMEN County Executive F1 C V E DEC 22 2011 WHATCOWCOUNTY COUNCIL COUNCILMEMBERS: Barbara E. Brenner D Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of"board or committee -please see reverse: tZ4=)e5_) C"C"'t— Alzz'A AID Which position on this board are you applying for (if applicable)?IF- Aw'�;'E�Zciivr= Which Council district do you reside in? pi One Are you a US citizen? N yes ( ) no ( ) Two ( ) Three Are you a registered voter? Ayes ( ) no Name: al�� S:»� T�/ Date: Street Address: i911 LJAJ-J_a� f�1c w�iv 9 City: _ 1�11 Zip Code: Mailing Address (if different from street address): Ac_m . 9� � Day Telephone: a Zo-R 53 22 Evening Telephone: 94-z> 9S Z3,97 Fax Number: E-mail. address: +J1C-acov1e Occupation (If retired, please indicate former occupation): '0" J�_, Professional/Community Activities: 4.� �� �o s F, � c �.�;-=s ,��� rn 4r j�� i—t - � r Education: 'P,!S: P_CSe)vzc_E A,)gwr ,j—r 000 i�Z Qualifications related to position: -Tt"5. la tc2»n <aa ; r✓- >=X�*JZWF- C'a%t �� .sM%Au_ '} fFM �.tAra iwGYAN, ?G �n Sc,�-✓�w '� Describe why you are interested in serving on this board or commission: ) N DN`PZ 1 '"� � ��9 A An111-, I11L� .'{ w i! d /;7os� r'r''7•v � V + :" ADS „�j W i- WrF Q to C-o ,a-j PR,3D A4PO E `c SCj � , rJ `k�5i5c� i 7zJi]� i YD `i�T 1T�d►J3M �S v- rr4 1, l- Aj_ a4 r k! , Am Do you or your spouse have a financial interest in or are you an employee or officer of any business or pg.ency that does business with Whatcom County? (j<) yes ( ) no If yes, please explain : tAJ .4,&ic-roJ j'>'37, HA5 L>XK, I ;� �'—irti U-4HAZZ",, c_F�P-S !)�iLFS�,y�QZ't U�FiC ,4KD1.AtiAN,�•sCrD�y�TI h72rh�kia�� I'ST �,�7iCFS %Zcvw leferences (please include name and daytime telephone number): Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 253 Dec 08 11 10:28a Theresa Sygitowicz 360-595-5035 p.2 MED 1EC([ PETS KREMEPd op, V E DUNCILMEMB'ERS: County Executive zP �� Barbara E. Brenner ~� Sam. Crawford DEC 0 8 2011 Kathy Kershner WHATCOM COUNTY Bony Lar Ton Larssoon n SHIN�� COUNCIL Ken Mann Carl VVeime- APPLICATION FOR. APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS P" EASE PRIM LE°GiGi_y Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? r _ J� Do you meet the residency/employment/affiliation requirements of the position for which you're applying (iQ'r�� applicable)? (Please see vacancy list for requirements.) (L-ies ( ) no Which Council district do you reside in? (,-<One ( ) Two ( ) Three Are you a US citizen? (des ( ) no Are you a registered voter? (-T-y-es ( ) no Have you ev r been a mem�C_f er of this Board/Commission? (� yes ( ) no If yes, dates: Name: ,fjCr ► C Date: Street Address: f / City: Mailing Address %di Day Telephone(ak E-mail address: _+ Zip Code: nfrom streetaddress):�,CA Mf?�l 5 Evening Telephone: Occupation (If retired, please indicate former occupation) Professional/Community Activities: Cell Number: i1/1i 1�1V2 jr-5571 Education: CP t" �Q7�flC' I`�Pe Qualifications related to position; '�'91WIIQXW4X761 Describe why you are interested in serving this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes o If yes, please explain: References (please include daytime telephone number): Signature of appli As a candidate'f=utive, public board or/commission, the above information will be available to the County Council, County 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. 254 Dec 08 11 10:29a Theresa Sygitowicz 360-595-5035 p.4 Theresa Sygitowicz Deming, Washington 98244 (360)595-5035 REASON FOR APPLYING: DEC 0 8 2011 WHATCOM COUNTY COUNCIL I think that it is very important to have the current chairman's of the various flood/dike/drain districts on the advisory board. This will encourage effected community members to have a voice on the flood issues. This past year I have been a one year appointed member of the County Wide Flood Advisory Board. I would like to apply for the 4 year term representing the Geographic Areas that are now vacanet. By having the current board members from the various districts, makes for a more informed county wide board. REFERENCES: Art Anderson — Deming Dike District; 360-592-5160 Harry Williams — current chair of the county wide flood board, Deming Dike member- 360-592-5903 Mel/Kathy Kuipers — longtime friend/neighbor/retired; 360-592-2000 Ed Strachilia — longtime friend/neighbor/farmer — 360-595-2566 255 Dec 08 11 10:29a Theresa Sygitowicz 360-595-5035 p.3 Theresa M Sygitowicz Deming, Washington 98244 360-595-5035 Professional/Community Background: I currently live on a 160 acre ranch. My brothers and I own/manage our grandfather's original homestead ranch. I have past experience as a small business owner for over 20 years in the city of Bellingham. I was the manager/bookkeeper for over 10 employees. General worker on several local campaigns during last three years of high school. Member of St Peter's Catholic Church; Deming, WA Northwest Catholic Charity Board - parish representative Catholic Daughters -local and Regional northern deanery board - Chair and general board member Beta Sigma Phi -county chair/chapter chair and general member Deming Log Show -Ladies board and general member Washington Women in Timber- State Presidentfor several terms -local chapter president and general member Washington State Senate -Natural Resources committee advisor Steering committee member for multi successful campaigns/US Senate/Washington State Governor, Senate and Legislative/ and local levels (further information available if needed) Whatcom County Sheriff Advisory Board - charter board member Whatcom County Sheriff- Project Santa Claus - steering committee several years Bellingham. Herald Citizen Advisory Board - several times Former Volunteer Fireman for Whatcom County Dist 16 - Fireman/EMT for over 10 years. Whatcom County Emergency Management Services- board member and treasurer Current Boards: Mount Baker Scholarship Foundation- Chairman several terms, currently Vice -Chair - over 15 years general membership Dollar for Scholars speaker on the state level. Whatcom County Cemetery Dist 5 - District Position #1/ was elected for several terms. St Joseph Catholic Cemetery at Clipper - board member for many years Whatcom County Parks and Recreation - Whatcom Co Executive Appointment 2010 Whatcom County Open Space - Whatcom Co Council Appointment - 2010 Acme/Van Zant Flood Zone - Whatcom County Council appointment 2010; Currently Chairman Education : Graduate of Mount Baker High School - Outstanding Graduate Award Attended Marylhurst College in Portland, Ore. Skagit Valley College Graduate of Bellingham Beauty School Graduate from Whatcom County Community College with honors Varies Degreases in Bookkeeping and Office Management Washington State finalist for outstanding junior college student 256 Dec 08 11 10:28a Theresa Sygitowicz 360-595-5035 P.1 The Sygitowicz Farm Theresa Sygitowicz 3031 Clipper Road Deming, Washington 98244 Phone N umber — 360-595-5035 Email- thesyggaol.com FAX TRANSMITTAL FORM To : Jennifer 360-676-6690 Fax- 360-738-2550 Good Morning Jennifer: From: Theresa Sygitowicz Date—12/8/2011 Number of Pages — 4 This is my application for the Flood Control Zone Advisory Committee if you have any questions, please call 360-595-5035 Sincerely, -Theresa Sygitowicz 257 PETE KREMEN County Executive DEC 21 2011 WHAATCOM COUNTY COUNCIL ?UNCILMraE.EMBERS: BarbaBrenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: /=zz�ol� e�AIF=0� Z��i/� ��i-s� %�'.dl��-S� 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 (L-y1wo ( ) Three Are you a US citizen? ( Dies ( ) no Are you a registered voter? (Lj`y­es ( ) no Have you ever been a member of this Board/Commission? (L� yes Name: �F - S Street Address: City: /Gr✓ 6__ Mailing Address (if different from street address): _ Day Telephone: 2-- _5_ l -3 E-mail address: no If yes, dates: L714/y Date: /Z — Z D // Zip Code: ?�g Z- `t % Evening Telephone: ,S Z— ��74 Occupation (If retired, please indicate former occupation): Cell,Number: FW Professional/Community Activities: /Vc-�Z f�F�/�r/G /J//C//i!-- /ram Ly' Z1 Education: 1�l6-711 -5 Qualifications related to position: Describe why you are interested in serving on this board or commission: Zr as 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 (L)-m If yes, please explain: References (please include daytime telephone number): f��� 1/1%F/ZS6/y ,3 2- 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. 258 PETE KREMEN County Executive L� W Q IF U V LS COUNCILMEMBERS: Barbara E. Brenner IDSamCrawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann WHATCOKCOUNTY Carl Weimer COUNCIL_ DEC 2 2 2011 APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: oo "/ oaQ.O. om c Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? ( yes. ( ) no Are you a registered voter? K yes ( ) no Name: r716.0 �®01er' Date: Street Address: /D 2r l jr ,Oo /e dr?cz/ City: F-Ile—rips? Zip Code: �/�,z` 7 Mailing Address (if different from street address): Day Telephone: ,740 ��� �11r�.�r Evening Te711211)WI hone: 260 Fax Number: E-mail address: 4 %loC i" ft Occupation (If retired, please indicate former occupation): ro '.S 74 Professional/Community Activities: 67 Education: XS.. J®��G�ei�cc oyio% Qualifications related to position: �/'e e e-o n 'e&'u V1j&kP t `jz // ��r,o� e 40 Describe why you are intereste in serving on this board or commission: Rj �iGl�l .Fa cr Do you or your spouse have a_ financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number):c� 0 c /e, /j, - /)c Signature of applicant: As a candidate to a public board Vcommission, the above information will be available to the County Council, County Executive, and the public. 259 PETE KIREMEN g� County Executive DEC 18 2011 WHATCOM COUNTY COUNCIL rQ`yA. �9sHrr1� �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; 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,) M yes ( ) no Which Council district do you reside in? ( ) One ( ) Two (,\,) Three Are you a US citizen? (.-,a yes ( ) no Are you a registered voter? (A,) yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes (%4 no If yes, dates: Name: Qrakey C. CQrVrer Date: 17 96 Street Address: 56 7"7 l-I'lAdtAo n `yt�'a�► __ ____ City: /4 il ur V-A zip Code: Mailing Address (if different from street address): Day Telephone: 3Cb 3�j2 'aS 10 Evening Telephone: 'S03 S- 01 2491 Email address: Cell Number: Occupation (If retired, please Indicate former occupation): AgricL, ii-are Sp�eG;s, „t ,A,g, r:vs4am a,V Professional/Community Activities: VeW►Agate j a!-J, eA.'sz ,Nr f�rer�k �la�^1,,�r•�, �a.,a�b�r s�,�T�F<«��s �� � ��,a�.�t�*,d�r Education: MAStees,+J4ter Zescaurre�} 840ke6Ir of _mee,El ,U&TtA\e- ' quaIIflcations related to posltlon: fir; ntnat&Ui1i 114ct Y.rial.a I CAe eA- lrr, AgUe� )r oar!M)mpjpit Ng it FW_en�q-L; iA' Prn tj,S. Ef A (Pc Mzk ,d,_,D. Jl Describe why you are Interested In serving on this board or commission: Zo- ;.% M7)G il��� c uf"✓ ob/aaa.s� ►L1�}'lls,. ��i��a.��',�,�� and ��S:�s_ nF / see r �d� r� xis �illia� act r17� K 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 (jid no If yes, please explain: References (please include daytime telephone number): OL,,,)^�,� / Ir = S0 3, 72 S-RPq-0' (P S. U.� Ze7U�� - A lac r� - � o Ss3,—g,c>4,J1x I A CC6i�� 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. 260. 10/ 10 'd 13CHHEIDR 'ON XVd 10I E0 INORE SWO,LSno so Wd H 20 a3M i i H-H-034 PETE KREMEN COUNCILMEMBERS: County Executive -cG�M BOG Barbara E. Brenner 11) Sam Crawford I rtz G) V E Kathy Kershner Bill Knutzen �y 2► UEC 0 8 2011 Tony Larson � Ken Mann gSN�N��WHATCOM COUNTY Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BLAND 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.) (Jryes Which Council district do you reside in? ( ) One Are you a US citizen? ()"Yes ( ) no ( ) Two ( ) no (rjlr�hree Are you a registered voter? (,'yes ( ) no Have you ever been amember of this Board/Commission? (yes Name: C�.tn"W,dA1. no If yes, dates: (.i. %_ ) ipoff� Date: l I/ /�t9/% Street Address: ?r�2('LuY City: 1 CI ne. Zip Code: edi- Mailing Address (if different from street address): Day Telephone: UV Evening Telephone: E-mail address: �;Gt>FS , _6�IW1lL dtj Cell Number: Occupation (If retired, please indicate former occupation): i &SCYA!rG _A( YAear" Professional/Community Activities: Education Qualifications related to position: 1 Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (el -no If yes, please explain: References (please include daytime telephone number): r 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. 261 DEC .2 9 2011 APPLICATION FOR APPOINTMENT TO WHATCOIAPPMW,"S AND COMMISSIONS COUNCIL PLEASE PR:[NT 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: City: Blaine, WA Mailing Address 4519 Grandview (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.Inioes@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. 262 PETE KREMEN COUNCILMEMBERS: County Executive 4GCM cod, Q Barbara E. Brenner rP �,, V Sam Crawford E D Kathy Kershner Bill Knutzen DEC ® 2011 Tony Larson Ken Mann 9SH�FN PW Ir9TCOM C®UIYY I Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY ll�&iAND COMMISSIONS PLEASE PRINT LEGIBLY _ Name of board or committee -please see reverse: .1 j 6 Which position on this board are you applying for (if applicable)? S11 h 7,:� 'et—_ Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (s__�yes ( ) no Which Council district do you reside in? ( ) One Are you a US citizen? (t-<yes ( ) no ( ) Two ( ) Three Are you a registered voter? (,,-<y e s ( ) no Have you ever been a member of this Board/Commission? (des ( ) no If yes, dates: / 9' !P k Name: :V,4, "V /, % Date: Street Address: City: Zip Code: J2 9 "ici Mailing Address (if different from street address): Day Telephone: ��'�SpS"�/�y� Evening Telephone: E-mail address: �"o-� ���[.C�/�i`%/� G�v� Cell Number:_dO -?o-y QD� Occupation retire please indicate former occupation): Professional/Community Activities: ee_ S®-e7- A6: Education: Qualifications related to position: X1_11111t/cz o Describe why you are interested in serving on this board or commission: -Yr /v-e- e %vim. loo) CopeZ e e—:r >' -%4/so � y� ®cc� G!®j�4'S AB�C� A^6 jCc• D you or your spous have a financial interest in or are you an employee or officer of any busines`S or agency that does business with Whatcom County? ( ) yes (moo If yes, please explain: References (please include daytime telephone number): Signature of applicant: As a candidate for a publk board or commibsion, 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. PETE KREMEN County Executive CEC 2 2 2011 WHATCOWCOUNTY COUNCIL COUNCILMEMBERS: Barbara E. Brenner © Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of"board or committee -please see reverse: Which position on this board are you applying for (if applicable)? °�i�f3zc�sur Which Council district do you reside in? One Are you a US citizen? ( yes ( ) no ( ) Two ( ) Three Are you a registered voter? ,(,<A) yes ( ) no Name: , S/», �.� Date:. ZZ26/ Street Address: 1,911 r7 A as 141&m-y iy City: G/11 Zip Code: Mailing Address (if different From street address): Day Telephone: S',® oV 52,7 Evening Telephone: -:Q9.5 ?'39'7 Fax Number: E-mail„address: -ac_me (�y' i_ . zpN t-30i Occupation (if retired, please indicate former occupation): Dtj f-,r2!E Professional/Community Activities: 4a ..r s rip— c P-�.ws ,moo M /� r.�,- i=rr. y �f� `S4CPJ t ti) LO4-!f1rCoi" " fC 47 Cl3v" ri e's (!:� /'R MC-anB Education: _ �: i t i �' �S���x�E Af)A iC,yi Ck) Qualifications related to position: 5 c �-cgk^ A4344sS �� Wiz, r�� -71-L" ._ iw9llari Cv.n Lc��o�t✓� Cy��JZi�i.1Cr`i� Ica SanAt1_ F�zAMNr�IuYrAN� ?4 Sc-✓/NCf� Describe why you are interested in serving on this board or commission: J N `�2 � � ��zl.��'i7r`� H 1CP•n1, U A.tz, � �t �,.� ;7.f Mos-� �/� T,v rE. i�a6+�SNFAS ��i V�7 r�,4T�c� �n �,o,:rvey AND I4A-j `c `e X/ $it �'v w4 `' ' +�'r -� R1 rid T2D �'rto►:'[;m g w rni hoc a,_ C-�� YRr+m � s .—I r44 8 0S. AND -7H2? "SAA Do you or your spouse have a financial interest in or are you an employee or officer of any business or- Nenr L that does business with Whatcom County? 6C) yes ( ) no [f yes, please explain: cNa;�wnxsToa jDraR. HAS L,-,-> Xg,.a3c. &;EL+A-rio,-sH,o U11HA--rz,,,C. Fi '"406H4& v—�_9ieF_ Arm A ,�C�� tJ R1�I1%iJLIG� �-.4 T ! Fr1C✓TIc C� izg1J1e'W keferences (please include name and daytime telephone number): yia C> Y/ Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 264 PETE KREMEN County Executive 1E (C IE J V 1E D DEC 27 2011 WHATCOM "COUNTY COUNCIL COUNCILMEMBERS: Barbara E.Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One Are you a US citizen? 0 yes ( ) no �X) Two ( ) Three Are you a registered voter? ,M yes ( ) no Name: �'/ " - eM-<I� Date: '�2- Street Address: City: /y ,! f'jf jK::E si } % Zip Code: Mailing Address (if different from street address): Day Telephone: :3 Evening Telephone: S`7 Fax Number: c-_ E-mail address: U 41wLLy Occupation (If retired, please indicate former occupation): %`fI'J" Professional/Community Activities: htj'� Yel'r i 1 L '�.f e-'i� Education: ,)/;,� f h"Z � G� h L& ;;-i Qualifications related to position: !!-' yr Ce" 0 Describe why you are interested in serving on this board or commission: 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`) no If yes, please explain: References (please include name and daytime telephone number):.`rlef Signature of applicant: A As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 265 PETE KREMEN E E � " E iINCILMEMBERS: County Executive �p4poM u °°v Barbara E. Brenner ti Sam Crawford 3 DEC-1 3,2011 Kathy Kershner Bill Knutzen �gsy'NG�0 WHATCOM COUNTY Tony Larson COUNCIL Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY j �� Name of board or committee -please see reverse: 4 041�s ✓►ti ` cP (,,�.^4rd �ws' Which position on this board are you applying for (if applicabl )? Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (Kyes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? Ya yes ( ) no Are you a registered voter? (pq yes ( ) no Have you ever been a member of this Board/Commission? (dyes ( ) no If yes, dates: Z&OB'�- Zoi( Name: J le P P Y�)11_ _dA4 Date: (2— ?— Z i Street Address: 10 3v 4 City: LNrI.�.t� Zip Code: 7 �?I& `r Mailing Address (if different from street address): Day Telephone: C�i�� �/� og� 3 Evening Telephone: E-mail address: `Qa4�Crhe��LJ•ak.`t1� c%-s4vo, c jv&A Cell Number: Occupation (If retired, please indicate former occupation): Dair k1*C'i O-✓it' Professional/Community Activities: F1 o..� Education: `S _ S. 4-e- (cp r , (4 (it", W `(,,t Qualifications related to position: n{« L �",ftf 4-t, r,�46-14 U A. e-!!? 0 % t u I s Describe why you are interested in serving on this board or commission: 4 1*1 i�-r� e 6l 4 C ✓-te. ''Il 1-i.211 _eACI .- - 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 I>4 no If yes, please explain: l References (please include daytime telephone number):-4--�`�`�w� Nc5kt0C-1 ?S-C(- 3� J „ / Fr cam! Le- � At i F't s' - ,el3 (, l Signature of applicant: As a candidate for a public board or, Or imission, the above information will be available to the County l Council, County Executive, and the public. 266 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-037 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SM 12129111 E C E � v p � E D 1AN 013 2012 Jan. 10, 2012 Full Council Division Head: Dept. Head: ' " V HATCOM COUNTY Prosecutor: COUNCIL Purchasing/Budget: tv Executive: TITLE OF DOCUMENT. Appointments to Executive's Boards and Commissions in preparation for the year 2012. ATTACHMENTS: Listing of nominations for appointments and reappointments; Membership applications. 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 requests confirmation of his new appointments and reappointments to the boards and committees noted on the attached list. These appointments take effect on February 1, 2012. COMMITTEEACTION. COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the Coun 's website at. www.co.whatcom.wa.us/council. 267 The following vacancies on boards and committees are filled with appointments by the Executive and confirmed by County Council. AGRICULTURAL ADVISORY COMMITTEE Nominated for reappointment are Mike Finger and Brian Cieslar BELLINGHAM-WHATCOM COUNTY COMMISSION AGAINST DOMESTIC VIOLENCE Nominated for reappointment is Karen Burke BICYCLE/PEDESTRIAN ADVISORY COMMITTEE Nominated for reappointment is Alice Simmons DEVELOPMENTAL STANDARDS TECHNICAL ADVISORY COMMITTEE Nominated for reappointment is Jeffrey Peterson HOUSING ADVISORY COMMITTEE Nominated for reappointment are Steve Powers and Gary Williams MARINE RESOURCE COMMITTEE Nominated for reappointment are Atina Casas and Jeff Chalfant; and nominated for appointment are Christopher Brown (recreational interest), Bob Huntley (economic interest), and April Markiewicz (at large) MENTAL HEALTH ADVISORY BOARD Nominated for reappointment is Steve Henson PARKS AND RECREATION COMMISSION Nominated for appointment to the District 3 position is Paul Woodcock PUBLIC HEALTH ADVISORY BOARD Nominated for reappointment is Douglas Benjamin and nominated for appointment is Stephan Jilk (administrative/fiscal) PURCHASE OF DEVELOPMENT RIGHTS (PDR) OVERSIGHT COMMITTEE Nominated for reappointment is Allison Aurand and nominated for appointment is James Lonnon SUBSTANCE ABUSE ADVISORY BOARD Nominated for reappointment is Teresa Bosteter VETERAN'S ADVISORY BOARD Nominated for appointment are Nicole Perrault and Sandra DeGroot WHATCOM COUNTY LIBRARY SYSTEM BOARD OF TRUSTEES Nominated for appointment is Elisabeth Marshall PETE KREMEN COUNCILMEMBERS: County Executive Q�cG�M CO RECEIVED Barbara E. Brenner 3s Sam Crawford Kathy Kershner DEC 6 - 2011 Bill Knutzen Tony Larson Ken Mann 4SH�IVG�� PETE KRENAEN Carl Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY j� Name of board or committee -please see reverse: Air'(0tu(cil AdV150r�( Gd �°Viyv►i rr ee_ Which position on this board are you applying for (if applicable)? CGnny✓�i}�pe M�V`'�� ,- r�tl/v►i�� Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) Kyes ( ) no Which Council district do you reside in? ( ) One � Two ( ) Three Are you a US citizen? >4yes ( ) no Are you a registered voter? >4 yes ( ) no y� Have you ever been a member of this Board/Commission? yes ( ) no If yes, dates: VoQq ad Name Mk R vl,�e r Street Address: 3031 �asl�ev� Date City: (;e el pvt wA Zip Code: Mailing Address (if different from street address): SCjYh Q Day Telephone: l� �f Evening Telephone: sue!PO E-mail address: ' cMc, I'V) lle3aa e rvi 4 c, Cc Cell Number: Occupation (If retired, please indicate former occupation): Fgnvoer Professional/Community Activities V et► dar I � og yc) y"ey ►, x'r of 4t Re/1' �i� + kx- g x,rd- me„v-.lit _ Neio Ts rcK v ille�, Ri,-m jj- Fri ro erf M c Education: COa�" G'� Qualifications related to position: Fin `,,e r of a 3 -f w�-- i�ca , co, Bc�—,�d e2,* ne.vv Describe why you are interested in serving on this board or commission: 0/I`S (vs s I`L, C, Ye -1 I s s ve I re k, 40 G) n ,n, I i�1 i L. Cjjff r, a C), l c� l ld v (�reserv�li r.'-► , � I f` f Q 9 ni 1fi!�� f -PV%"kM W4 10*w,kh VL-1 ►7 ) 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: IL References (please include daytime telephone number): 1 agu �crvpf �% iClftnQf G Lesci Bcw - Q0>0('s '--Pffl 4:�rv+., 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. 269 uCORECE p CirEMBERS: County Executive M V�" BNPTE KREMEN Brenner 3sP tiA Sam Crawford ner NOV 18 2011 Kathy B II Knrutzen Tony Larson �gSHING�0� PE i fm'mi`IrN Ken Mann Carl Weimer o/ COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PPRINT LEGIBLY n /� Name of board or committee -please see reverse: t `�iy'rCu ra.� Ady sDTv l_.uv\xn, ee Which position on this board are you applying for (if applicable)? ,��'F�-e tit i rzcu� 6'aQ�ro-wL5 Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) 00 yes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? N yes ( ) no Are you a registered voter? yes ( ) no Have you ever been a member of this Board/Commission? Q<) yes ( ) no If yes, dates: 2-010 - '1© f c. Name: t Gov` tt tax - Street Address: ko 410"4w S City: �- y,_Aey, Mailing Address (if different from street address): Date: Zip Code: q e :)641 Day Telephone: 3 60 35 q —3d 19 ��Evening Telephone: _ 60 I-j ld _ 0 l65 E-mail address: ►JC:.tE5(&X_ ( ex-Q 4w_.S, coV.-\ Cell Number:3�y ` 1)t-Ott, Occupation (If retired, please indicate former occupation): !-le rA-oO Professional/Community Activities: WA kQJ 146AeKw i ,��.. ; SS« .� UjA &e_Aev�c!i _ f E Li . tAyt- Education: le C C /n� c Qualifications related to position: Akx_&n FA ,; t w e�'r� ► rGQiCS�ry r n i;e,%lrz cc�=. Crsc Describe why you are interested in serving [ on this board or commission: �} 1�6weefN (�.RC1� c&�ire I m LuY �Cn,,I,_ 4v-e-5eole 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 .4 no If yes, please explain: f' References (please include daytime telephone number): kemc— AceClrn 35y -1�3 7 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. 270 Community Members/ Affiliation: Pat Buchinski Lighthouse Mission Karen Burke DVSAS May Dumas Consultant Shen Emerson Opportunity Council Nikki Finkbonner Lummi Victims of Crime Kirsten Hammer Womencare Shelter Rebecca Johnson Community Link Consulting Becky Skaggs Haggen Inc. Cherie Stutesman Mt. Baker Planned Parenthood Greg Winter ,Nhatcom Iiomeless Service Center Manuel Reta Community at Large Mary Dumas Community at Large Daria Woolman Health Care Provider Sherry Mallory Western Washington University Government Members: Laurie Alexander DSHS/DCFS Regina Delahunt Whatcom Co. Health Department William Elfo Whatcom Co. Sheriff Joan Hoisington Bellingham City Attorney Mayor Gary Jensen Mayor of Femdale Michael Knapp Femdale Police Chief Jon Komorowski Whatcom Co Public Defender Dave McEachran Whatcom County Prosecutor Linda Quinn Femdale School District Todd Ramsay Bellingham Police Chief Linda Storck Bellingham Municipal Court Dan Story DSHS/CSO Bruce Van Glubt Whatcom Co. District Court Staff: Susan Marks Director Sue Parrott Program Supervisor Meaghan Connell Administrative Coordinator December 7, 2011 County Executive Pete Kremen Whatcom County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 Dear County Executive Kremen: DEC 7 - 2011 PETE KREViEN COUNTY EXECUTNE The Domestic Violence Commission would like to recommend for re -appointment: • Karen Burke, Executive Director of Domestic Violence and Sexual Assault Services of Whatcom County (DVSAS). Karen was originally appointed to the DV Commission on April 24, 2007 to fill the remainder of a partial term; she has since then fulfilled one complete term, which will be ending on January 31, 2012. We are nominating her for a second full term. As the Executive Director of DVSAS, one of the local victim service agencies in the field of domestic violence, Karen's experience and expertise is essential to the success of the DV Commission's work. An application from Karen is attached. Also, at this time we will be accepting a resignation from: • Becky Skaggs. Becky was filling the position of Major Employer for Whatcom County; however, she is no longer employed with Haggen, Inc and thus no longer eligible for that position. Becky has been an invaluable resource to the DV Commission, as a well-spoken and passionate advocate and leader for the issue of domestic violence. As always, thank you for your continued support. Please contact me if you have any questions or need any further information. Sincerely, Susan Marks, birector Cc: Suzanne Mildner Dorn oo f SELL/^, vt 4Sa � O P,S i Bellingham W, attom County CornnissionA&amstbomestrtV1olente ''rrrrro�o ssfrrNccO 1407 Commercial Street, Bellingham, WA 98225 360.312.5700 1 www_dvcommis5ion,org 271 PETE KREMEN GpM co COUNCILMEMBERS: County Executive P� to RECEIVEDBarbara E. Brenner Sam Crawford Kathy Kershner DEC - %'U11 Bill Knutzen Tony Larson 9SErrN�'�� Ken Mann PETE KREMEN Carl Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COIINTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: ?� )r No 0 C rat 7�) \% Which position on this board are you applying for (if applicable)? Which Council district do you reside in? /� One Are you a US citizen? � yes ( ) no /� ( ) Two ( ) Three Are you a registered voter? ayes ( ) no Name Date: a % I i Street Address: )-1 70 a \I\DG.0 City: \\���,��C.y�c�'Z Zip Code: Mailing Address (if different from street address): Day Telephone: 3�(L(�7j �5�71 LI Evening Telephone: ?2 f - 1 7 i Fax Number: U :7 1 E-mail address:, �IlftS'n-cj- Occupation (If retired, please indicate former occupation): E-Xe -N-)VS7+k Professional/Community Activities: Education: ?7 10\- WA�L.1X . Qualifications related to position: .ti 17 11 ec.4S 0,q Q X ge-,C'�gx�cQ ,N) Describe why you are interested in serving on this board or commission: VV, 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 ("Xno If yes, please explain: References (please include name and daytime telephone number): Signature of applicant: � 1 4V1_\LC_ As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 272 PETE KREMEN County Executive DEC 8 - 2011 PEfE KREMEN uOUNTY EXECU MIE J COUNCILMEMBERS: Barbara E.Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE ?"IN i._E GIBLY Name of board or committee -please see reverse: ► c-14 LPL i c C ! h la n V kSIN'c.1 Which position on this board are you applying for (if applicable)? N Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy .list for requirements.) (?Q yes ( ) no Which Council district do you reside in? (A One ( ) Two ( ) Three Are you a US citizen? (Xj yes ( ) no Are you a registered voter? ( ) yes ( ) no Have you ever been a member of this Board/Commission? (X) yes ( ) no If yes, dates: 41q7 W08 - 20 12- Name: 011ta. 11')'11'Y101'15 Date: I I Zq ° 'ZO1 1 Street Address: O 12 r \r)a St _ City: ►�0 ham\ Zip Code: q15 22-9 Mailing Address (if different from street address): Day Telephone: (0-1.(10iEvening Telephone: 3(0(7- GLt`1' Z3 —I-7 E-mail address: V-)DtY ACt�i 1. err, Cell Number: 3loD- 319-357� Occupation (If retired, please indicate former occupation): Professional/Community Activities: haw w-k AA-\ S 1`s,eurn re-0-V V—CLhcy\ �YhrV �.wl h 14S �d. Education: 1'r1 erumi WA- ;i.tzx n►y Qualifications related to position: C cifnV— k,4C_ t1D W M—kiL U14 bxL�A t-. G bW is \&KM PC r OL cn av j cL WcA ear . + Describe why you are interested in servingon this board or commission: he UK%niCCJ � Arno fe.- O�l�2.c-►'�-�(�. tt�a.r�spb r�-1�r� o 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'1 qC���' �7�'I 30669- - G ire �'¢ c-►-t, ©�r-I- SO 'CO �1�o h o� ► �l� c r�� Cam- N�c�l h Y.1� r��t-i Signature of applicant: / LCLp., Zl'YIl% nUyq As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 273 PETE KREMEN oM I V CIO®rb MEMBERSCounty Executive �, �w a E. Brenner E C- `3 Sam Crawford Kathy Kershner DEC 13 2011 Bill Knutzen r Tony Larson 9shlN�+t� v r Ken Mann PE TEE KH;n. y'ir N Carl Weimer `APPLICATION FOR APPOINTMENT TO WHATCOM COUNT946' t WW1d6MMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse:1lt-y-67,-rjzri-,c:�,^i- !��6 y►scn2.,t � r Which position on this board are you applying for (if applicable)? GCS / ol`ieIll Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) 90) yes ( ) no Which Council district do you reside in? ( ) One 14 Two ( ) Three Are you a US citizen? Have you ever been a r 4 Name: Are you a registered voter? M yes ( ) no no If yes, dates,)--PJ 7010 - Jmj ` Date: 0 Z /'Z / ( Street Address: /3 FOc.F o City: LJA Zip Code: �l�7L 7 r) yes ( ) no r of this Board/Commission? N) yes �zSo,1-J Mailing Address (if different from street address): Day Telephone: Evening Telephone: 3&0 - -3!51`%` 5-9-70 ZCd)Z E-mail address: ,�i o 9 _ Cell Number:_3W -73i- Z38 `f Occupation (If retired, please indicate former occupation): /1242v�.r'c.Ye� grray✓iJ��L 3 Professional/Community Activities: WkSa i t,-n-/ 2l `/2S fi -Z6f cou'v,-4 y6f A-v/ i2 3 y2s i1�/r�%/�✓✓f-fF/r2 �r�-�ci fg�✓G�'-'rc Education: gam , G/�riL �✓��-�� �r-G� �L�SU /°i0/0 Qualifications related to position: Describe why you are interested in serving on this board or commission: 4-77-A -"" 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? (M yes ( ) no If yes, please explain: S e9-=oir e r c`-n References (please include daytime telephone number): 5e5�F Signature of applicant: f 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. 274 11/23/11 Jeff Peterson Development Standards Technical Advisory Committee Qualifications related to position: Licensed Professional Civil Engineer in Washington - License #33787 Expires: 2/24/2012 Technical Advisory Committee Member for one term — Jan 2010 to Jan 2012 I have been employed with the Washington State Department of Transportation (WSDOT) for 21 years (11 years in Whatcom County). I work in a Project Engineer Office, which administers highway construction contracts. I am a supervisor of an inspection staff. My duties include the following: • Ensure that the contractor performs work that is in compliance with WSDOT Standard Specifications and Plans. • Develop solutions to design errors and/or changes that result from discrepancies between the contract and existing field conditions. • Review proposed changes from the contractor to ensure that they are consistent with applicable WSDOT Standards and policies. The experience described above would enable me to perform very similar reviews on proposed changes as they are applicable to Land Use Regulations and Comprehensive Plans for Whatcom County. Describe why you are interested in serving on this commission: I would like the County Council and County Executive to have as much information as they need to prepare them for decisions on issues. My skills and abilities as a Civil Engineer, along with the experience described above, will enable me to review the technical aspects of how Land Use Regulations and Comprehensive Plans may or may not be affected by variances/changes as a result of proposed improvements. I believe that my experience and skills will enable me to provide open perspective on issues from an engineering standpoint, which will enable the County Council and County Executive to have access to complete information on these types of issues. As a result, they will be able to continue to make informed and accurate decisions related to Land Use Regulations and Comprehensive Plans. I am an employee of WSDOT and therefore do some business with Whatcom County: One of my tasks in my current position with WSDOT requires that I perform field reviews with County inspectors of the condition of County roads before and after traffic detours have been utilized for the construction work on State highways. We agree on whether or not any damage has been done to the County roads as a result of a given detour. If there is damage, I work with the County inspector to determine the best course of action to make repairs to the damaged areas. Final decisions from WSDOT for the agreements that are administered with our office are made by my supervisor. These reviews occur approximately once per year. References: Chris Damitio, PE WSDOT Project Engineer - 360-788-7403 Patrick Fuller, PE WSDOT Asst Project Engineer - 360-788-7402 Debbie & Jason Vanderveen - 360-354-1194 275 PETE KREMEN County Executive DEC 2- 2011 PETE Iti3ENiEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PR/IN/T LEGIBLY Name of board or committee -please see reverse: 1� Oy S �7C1` I S �i ��✓ ��t �� Which position on this board are you applying for (if applicable)? M lid 1diL 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 ( ) Three Are you a US citizen? Kyes ( ) no Are you a registered voter? C�yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes X no If yes, dates: 4—*­ 4,'1Y� �. Name: 5 ¢'�eJe - Pp vJ2.r s Date: I i- f -- Street Address: 341t 7 V?%e_ X)OV j9q,,< 3 5— City: —I a� M E.. , L4"- 4 Zip Code: Mailing Address (if different From/ street address): ` C� Day Telephone: �� 0- [� 7 / - Q 7�,S Evening Telephone: �!� 7j (/ z- -3 E-mail address: 3 4e-ve.o /;; G C-Sww. 0 /'C; Cell Number: Occupation (If retired, please indicate former occupation): �wisri Q,, 7 cAA,,,1iG Professional/Community Activities: Otl e r e e ,c®e-Grq / o? e ealsy Ayw /,n c a -ye - %� 0 vSf114!g V/A I {slca 1 1,/ Svt a a A f //A.n G04",4- ie-,s N Education: �&, ¢C 5 Qualifications related to position: i A qA e- le r,41 w of`/ e.,^ 4 v s(z q / 7 e G a s J Describe why you are interested in serving on this board or commission: - ® C �► ��� �l ,e= (y 1�1'e?i4 #In 44 ,q V mil // ie 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 J no If yes, please explain: / U // References (please include daytime telephone number): �R r / de- / / q ag 6 7(l/ — �� `�' r,_e, Signature of applicant: 2-55-- Z0 As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 276 PETE KREMEN ECIVEOUNCILMEMBERS: County Executive �GOM c�0 Barbara E. Brenner Sam Crawford Kathyershner DEC 1— 2011 Bill Knutzen Tony Larson 0Ken Mann PETS KRE�EN Carl Weimer / COUNTY EXECUTIVE ✓APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PR NT 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.) (yes ( ) no Which Council district do you reside in? ( ) One ( ) Two ( Three Are you a US citizen? (✓) yes ( ) 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;wle i �!/1���5 Date: Street Address: City: %/'tom Zip Code:r/� Mailing Address (if different from street address): _ Day Telephone:v! E-mail address: Evening Telephone: �r® 21J Cell Number - Occupation (If retired, please indicate former occupation), Professional/Community Activities: Education: Qualifications related to position: Describe why you are interested in serving on this board or commission: Do you or your spouse have a financial interest in or are yo�n 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): 10,11 Signature of ap 6yZ., •&;717 As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 277 PETE KREMEN CountyExecutive ��oM ��o DECEIVED COUNCILMEMBERS: Barbara E. Brenner ti sP Sam Crawford Kathy Kershner NOV 10 2011 Bill Knutzen 2 4SNIN�+�� Tony Larson Ken Mann PETE KREMEN Carl Weimer COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Marine Resources Committee Which position on this board are you applying for (if applicable)? Relevant Scientific Expertise Which Council district do you reside in? ( ) One (x) 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 If yes, dates: 6/22/10-present Name: Atina Casas Street Address: 2724 Niagara Stree City: Bellingham Mailing Address (if different from street address): Day Telephone: (360) 715-7450 Fax Number: Date: 11/10/11 Zip Code: 98226 ing Telephone: (360) 933-1615 E-mail address: atinazeke@msn.com Occupation (If retired, please indicate former occupation): Senior Planner -Biologist Professional/Community Activities: obtain environmental permits for Whatcom County road maintenance, and stormwater projects. Assist with water quality and MRC projects. Education: M.S. Fishery and Aquatic Sciences; B.A. Biology Qualifications related to position: Environmental assessments, project management, chemical/biological monitoring, data collection/evaluation, technical writing. Describe why you are interested in serving on this board or commission: z have been involved with the MRC for several vears and want to continue rnarticirnatina in efforts that protect and restore our local marine environment. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes (x) no If yes, please explain: References (please include name and daytime telephone number): Stephanie Williams (360)647-1845 Signature of applicant 6L�7 A_'01_ c4lrlt� As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 278 PETE KREMEN County Executive J/ �GOM CO4 P y 3r A Aj�9�H1 NG�0 DEC 6 -- 2011 PE T E KREMEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND 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.) (h yes ( ) no Which Council district do you reside in? ( ) One ( ) Two (10 Three Are you a US citizen? N) yes ( ) no Are you a Have you ever been a member of this Board/Commission? ( yes tY Name: dwr UNFAgr Street Address: City: Mailing Address Day Telephone: E-mail address: registered voter? (y) yes ( ) no ( ) no If yes, dates: Date:_�`����� Occupation (If retired, please indicate former occupation): 8l sAwe5as Professional/Community Activities: FC�A QKt 6W& lore Education: ME PO"., Qualifications related to position: 15 _"(Ws ftr9EMONMI eROMEwa 1w1w1r, F-610 Do you or your spouse have a financial interest in or are yqy an employee or officer of any business or agency that does business with tcom County? ( ) yes ( no If yes, please explain: `` References (please include daytime telephone number): Him_ (1 15�� 606- 0 ti.Ar Signature of applicant: As a candidate for a pu li *rd ortommistion, the above information will be available to the County Council, County Executive, and the public. 279 PETE KREMEN County Executive 4G0 M co P Gy � a �QSHI NG��c' DEC 1 R 2011 PETE KREMEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E_ Brenner Sam Crawford Kathy Kershner Bdl Knulzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse S aor Which position on this board are you applying for (if applicable)?�Cye 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 ( ) Three Are you a US citizen? N yes () no Are you a registered voter? W yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes N no If yes, dates: Name: 0 K AD-D, L - B r �o�"wry Date: e-�,_12 � 11 Street Address: Q 6 4 c-k K r � r� Y-� City: B-e_) [ iAakcl hti Zip Code: qR 2 2 Mailing Address (if different from street a dress): / Day Telephone: Sd R S `f Z OM C-01 1 Evening Telephone: 3 GO -7 7 X(�6_ E-mail address: 6iAAlf r-1cAS � Il' Cell Number: S-09 5-12_f>ff'-/Q Occupation (If retired, please indicate former occupation): Professional/Community Activities: WS U &4ck L1afi� Py-0 ra-; .� W c tom,, i�1('�C Clam .Suv�vejL' 6.G can /h�t%rv�pv [a5y ww" Cam+LO uh oi'jyl i c. ��5%� P� ` J • 9r-4 �e Describe why you are interested in serving on this board or commission: NKC ?Y1�e Irye 7�2 PIsT j L y(tacF 4oCaame Y�Q �Q�n G/ i- r hCll 711 W W" LiC%1'f�{�' Cal �0.�DUCC,� fj''�u" ER6� C-D►�'t�1U Yl I 0.Ci� V Do you or your spouse have a financial interest in c that does business with Whatcom County? () yes If yes, please explain: References (please include daytime� .telephone number): LVnn.Q o rdcL?j- Cz6rd r> �51t�.nIT cd� W� J no N Sty r • j41 g ) MC sp�rs�-�{ �edeh �Nk we; r 'pe( alit, ��s, 14 ��.b " S .L. officer of any business or agency rz,r^ � _Y 0 428 g 2."7 6 , Cxfi Z-O �73383A7 v�CI�l' "./rG"U-iV qjU IVY ".,' +c�"`'v� .cu�cCl�r[/or w_3Vl V—wu—►LwV-y �--V, k " "4-1VYJ Signature of applicant:►rLa 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. PETE KREMEN County Executive P�GOM CO s'r `y'1.c �4sh 1 N GIC 116 DEC 15 2011 METE KREMEN COUNTY EXECUTIVE COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: ge;5 X `ce GOrn�%tl`ee Which position on this board are you applying for (if applicable)? F'COA2 oW.`C 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 ( ) Three Are you a US citizen? (X) yes ( ) no Are you a registered voter? M yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes W no If yes, dates: Name: Ba /fr4 dtZe.t Date: Street Address: Sf City: Zip Code: Mailing Address (if different from street address): Day Telephone: Ube)_) � a - 7.0s3K Evening Telephone: (L4, 617/ -- ZeNr j E-mail address: hun#e%j COS Cell Number 6® %✓% -O�/�' Occupation (If retired, please indicate former occupation): (2,? e TrE119y,,�- 19,15ih eS5 Professional/Community Activities: `tr�e�a�vf `ilciferoL cct�� EcPu,pl-r�eh / Ta /�'I�ci,�e Education: H, 4)1 Qualifications related to position: ee 1�•2�Y �/� SRV/ X' S Gs7 �e Grp<fLi CC21OCo-19hl�`�`PS Describe why you are interested in serving on this board or commission: TA,,n T4 4es--e57',e.� /h Trh��n,v Bes7` b-..:h`f -5 fi0 he% I&WIL62y2 c,7u1- /_77,A-,n -47- A51 v,rr ,Pnerr7 dLh� TO ,du c�-}e �i�b/•'� D/'1 �h2 Y/2P� �"'D ,kQe.P �fc-�- yti�c.f-erg r %eo�ri r��,�- -�-o %�YO�eG�' /�'Idl�rs-ice FhY��� errfi 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 QQ 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. 281 PETE KREMEN County Executive CILMEMBERS: �Gcm �w HECEIVEnbara E. Brenner SP ziLyA Sam Crawford Kathy Kershner NOV 9 2011 Bill Knutzen �y .t Tony Larson Ken Mann Qs�r`NG�o PET[e fXn Weimer i1liEN CarlW COUNTY EXECUTIVE APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Marine Resources Committee Which position on this board are you applying for (if applicable)? At -Large Representative Which Council district do you reside in? ( x) One ( ) Two ( ) Three Are you a US citizen? ( x) yes ( ) no Are you a registered voter? yes ( ) no Have you ever been a member of this Board/Commission? No If yes, dates: _ April Markiewicz November 8, 2011 Name: Date: Street Address: 235 Milton Street City: Bellingham Mailing Address (if different from street address): Day Telephone: Fax Number: 360-650-6137 (w) Zip Code: 98229-6504 Evening Telephone: 360-734-4498 (h) E-mail address: apriljm@comcast.net Occupation (If retired, please indicate former occupation): Associate Director/Toxicologist II at WWU Professional/Community Activities: Member of AAAS, Soc. Env. Toxicol. & Chem. (SETAC) , Secretary of Pacific Northwest Chapter of SETAC, Secretary of WWU's Professional Staff Organization, Board member of the Samish Neighborhood Assoc., President of People for Lake Whatcom, elected to the 2005 County Charter Review Commission, 2005-06 member of the County's Public Health Advisory Board (PHAB)on On -site Sewage Systems. Education: B.S. Fisheries & Wildlife, M.S. Aquatic Ecology/Aquatic Toxicology Qualifications related to position: From 2000-05 conducted ecological risk assessment of the Cherry Point region funded by WA DNR and participated on the Cherry Point Work Group that developed the Cherry Point Management Plan through my employment in the Institute of Env. Toxicology at WWU. My service on the County's PHAB reviewing on -site sewage system regulations educated me on pathogens affecting nearshore shellfish beds Describe why you are interested in serving on this board or commission: I am keenly interested in protecting and preserving our natural resources in Whatcom County, recognizing the invaluable services and sustenance they provide locally, as well as regionally. As such I have been interested in participating on trie MRC over trie years, but until now other commitments serving n otrier city, county, & community comma tees prevented me from applying. I have, however developed a good knowledge of the impacts affecting our nearshore areas as a toxicologist and 30 yr resident and believe my skills and knowledge would benefit the MRC, Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( x) no If yes, please explain: References (please include name and daytime telephone number): Laurie Caskey-Schreiber 650-3610, Mike McFarlane 733-2900, Robin Matthews 650-3507 Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 282 02/02 COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Car! Weimer 'APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: iv,?... j ��J ^• r'-; !;-} ,; i :., Which position on this board are you applying for (if applicable)? \J • rLk � Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) (1,ryes ( ) no Which Council district do you reside in? (.J-6ne () Two ( ) Three Are you a US citizen? (0`-yes ( ) no Are you a registered voter? (L-) yes ( ) no Have you ever been a member of this Board/Commission? (v) yes ( ) no If yes, dates: Name: v, ,°. ; rr t 5', ur, Date: Street Address: U City: i`r.e-i t? r,c; ",, k,h Mailing Address (if diherent from street address): v`�' -• Day Telephone: `7 .'S�'4 i Evening Telephone: E-mail address:` Occupation (If retired, please indicate former occupation): Professional/Community Activities: r � Education: 12/15/2011 5:28:31 PM PETE KREMEN County Executive �. NG,CO Zip Code: a, Cell Number: �cl� -_/rid - i'� 5• ' fi•.� it Z,yo 0�� .! i.•' { q7j ., . Qualifications related to position:- l,- _ w ,:: `. ?(; :� .__•-r Yf�;^. _.__ iJh ' (f/•Ii�c..�i"��� -"�" tY•: '�_ I:�rr Fl i' i; :t_- l • _ Describe why you are interested in serving on this board or commission: %`li.i .. �F.�?"-tt"i ,. ..... ,:i.'-' l;�. ..:,4,-r3�,. _ ,.t?-� _N, �..F.� e'' '.i':-�� :'y� �5r3J- ! ? y i4•'[.a s. .. � C.-� , �.�.s; .�.i,: It •'3"v'•:,5 _ j yi,r- ,Y 'i'-• .�i tk i,41 _.tl y'�5: :Yi..;.ir-., r' ? i- : - Do you or your spouse have a financial interest.` in or ate you an employee or officer of any business or agency that does business with Whatcom ounty? ( ) yes If yes, please explain: U` References (please include daytime telephone number): i _G_ . `` i''' i. o, iw r`+ [ 1 J+i'v' :+`[ : rt `^���•._• fa :ti.�' 1 .t 4 : 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 tobe 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, 6596 283 PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann PETE KHEMEN 'COUNTY EXECUTIVE Cali Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINTLEGIBLL—Y77 Name of board or committee -please see reverse: Pee,/r( s %_ %'f �Cy �cP /CAN �O�rsJ sC ID» Which position on this board are you applying for (if applicable)? ►M m ss f o e ✓ T ��� f✓`fG f� Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if RECEIVED DEC 5 - 2011 applicable)? (Please see vacancy list for requirements.) ><yes ( ) no Which Council district do you reside in? ( ) One ( ) Two NA Three Are you a US citizen? yes ( ) no Are you a registered voter? yes ( ) no Have you ever been a mI ember of this Board/Commission? ( )yes � no If yes, dates: l Name: a ,i A . oodc_oC _ Date: Z)ec(-_My or Stree City: Mailing Address (if different from street address): SCIMC Day Telephone: (3 6 0)^ 3 8 0 -.3 3\5_6 Evening Telephone: E-mail address: fl,� ©lu I W04cl cock , T COMG cZs'f P16+_ Cell Number: 6C (76C- 54� ' Occupation (If retired, please indicate former occupation): �f�t�ncl �r�@rc�7�ONS �uverytlsor- IN ! iq- - I R i / :I f �-, r f I - A- r j Professional/Community Activities: V;ce-res��lei�l'T�('/�as7` Nam. s.d�rn`r =/ �yor'f'h PSJ'I rasJe__*4 a- �ircfr - fifcmLer - �ijIr_ti is t7T %44a- � flake-/ }1d,"yi (�a,SC�ci'c/c�1s Lfd a ee- , Laker �y% fJArk klon Education: 13.,�� l i t Fpiy; Y'oomey o f & Ucci-ho' �1; W W V. t— t / rf Qualifications related to position: /-armryl ec�rfCci'�Io� ct u�s -�i-OccrsCcf cCcP_f_,grn ecfIrl iI aarKs, r ���` II //!/ 1 �7Ve Y �ITe�TirH� c2FeZCzrle+1cL rt? 142aO fc Se!'t1!Ge G�YIG� €'ICr/Ks ��� ccf t7DJlIY1�c Y'�Y( , Describe why you are interested in serving on this board or commission: ► Kcar�Y ��/'cd✓s �✓� Wl Arc,w Cocmly I Aave Leclt o user rn4� c a r taark sv slew. J-or �A- -7- +1►/e vcar,; L Jiavc_ ,been VolG> lecrf 4cl i4 These o ar'kS . .l- h/)s)l 70 i4 aka w'oue�ror�er covlfrr kuf;v►� - 0 01�- r� p� Giese ©c��s gy7Cjratq ,V VL;C_ �'esd«c�ces� Der yyour spouse have a financial interest in or are you an employee or tffflcer of any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: I 11 '' // r References (please include daytime telephone number): �1GG�etY^d wa/S WrA. %S����$/ ' I,- c, M-A) igJ;ig r,29q l - TM W�h I .13°ham krks 776 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 position. PETE KREMENEMBERS: County Executive ,�GOM cop RECENO'q�EBrenner Crawford 3� < Kathy Kershner NOV 2 3 21111 Bill Knutzen Tony Larson �3 Ken Mann r9 �9SHING�G� r"EIC KH& .`4C'" Carl Weimer COUNTY EXECJ T',!E 'APPLICATION FOR APPOI TMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? 014-,<6 Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if applicable)? (Please see vacancy list for requirements.) ()4 yes ( ) no Which Council district do you reside in? ( ) One �4 Two ( ) Three Are you a US citizen? (yes ( ) no Are you a registered voter? � yes ( ) no Have you ever been a member of this Board/Commission? W yes ( ) no If yes, dates: FfrS'- T,�rz9 Name:ldGl�r �� �./1%J$��c J� Date: Street Address: City: REZip Code: �Fs2-Z-& Mailing Address (if different from street address): ���� �� -Z te_9 Day Telephone: Jrp30 Evening Telephone: 560= %3 3 C E-mail address: -✓(o-"0We_-4f IVE—r- Cell Number: 2-02—_ Occupation (If retired, please indicate former occupation): f-��1T��9zy� Professional/Community Activities: � �� . � �'� r ,4g��Fe, 14 1�1� Education: � '- /xuoe",-7 S ZfY�fc � d •� -, Qualifications related to position: goo --ems Describe why you are interested in serving on this board or commission: rA ,, �clrSc.L a,ri �c%��t Do you or your spo se have a financial interest in or are ou 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): Alwo A&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. 285 PETE KREMEN County Executive RECPF-'_�Z:� I VUJILMEMBERS: DEC 2 1 2011 COUNTY EXECUTIVE Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRIIVT LEGIBLY Name of board or committee -please see reverse: PJLL, cer�c 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.) ( ) yes ( ) no Which Council district do you reside in? One ( ) Two ( ) Three Are you a US citizen? yes ( ) no Are you a registered voter? '(><yes ( ) no Have you ever been a member of this Board/Commission? yes ( ) no If yes, dates: Name: S +e-Q h A N _-_y 7:Z',, %._y, Date: lz - lLa- zo n Street Address: S 1 Z- aroc3 jcw A-V City: LN N r_-�'C N ASS+ ;'j Zip Code: 9 8 2 G 4 Flailing Address (if different from street address): Day Telephone: 3 U - 334 - 4 -L 9 9 Evening Telephone: 3 b.o - 3S4-- -z Z f g E-mail address: s4epkeN. Jiti�'�'��o �� c--�. • cam.•. Cell Number: 'W -9ZT - v33g Occupation (If retired, please indicate former occupation): ({1 a N r} �- - fu 6 L(c. U'fl r^ y ma's i2+L,-t Professional/Community Activities: 5<_k,2o L_ 43oAGZ o - '1 ?;,aP,OLD a(ro+g �y.l UJ Ptr6R_ V++iI-t-I r.lc 1L Education: 0 Af3+Ss A��r`,�s ,ems ,oN �dtiwh,rrc� a2 c�ci�-�e-E Qualifications related to position: 1$ NtAtZS of PJbL, c 0q-fltj + 5-r g- ft-rro--YQ %N W hA-rr- co -raj" WOO -Kw., E.J Pub Uc_ S�jFe� . f'�fb Lac h�2(}c-f�1 �iH c,�L+4� 4 QSo-r12C C rSSut= SER�1rr� As �+2 aC= Pu>,+►� Hen,--rh Aou;sa," r3ar�2r� b(502C, Describe why you are interested in serving on this board or commission: 1 A ­- A-,s &/T.e-r e s T ; nj ps� 6 ►., c k EI} C.4, t 5- 5 u rC S e Is v t a-e-A! VY) e41+f C- he04-+4 ► 5s uC-5 a-0-J _6 sFCV,,C C-s ( A-r-� 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 mil. no If yes, please explain: References (please include daytime telephone number): 4l�V yr�l � Signature of applicant: E � E Kv�Q�rne n) 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 appoint! osition. 12/14/11 PDFescape - Free Online PDF Editor, PDF Form Filler & PDF Viewer PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer '�APPLI CATI ON FOR APPOINTMENT TOW HATCOM COUNTY BOARDS AND COMMI SSI ON PLEASE PRINT LEGIBLY .`GOM CO` `L9ShINGt0 DEC 15 2011 PETE KREMEN COi;IY EXECUTIVE Name of board or com m ittee-please see reverse: Purchase of Development Rights Oversight 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 (x) 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: 1/2008-present Name: Allison Aurand Date: 12l14/2011 Street Address: 2107 EldHdoe Avenue City: Bellingham Mailing Address (if different from street address): Zip Code: 989,95 Day Telephone: 360.510.7180 Evening Telephone: same E-mail address: allison.cestanea@yahoo.com Cell Number: same Occupation (If retired, please indicate former occupation): self-employed consulting (rural&ag policy) and aghculture Professional/Comm unity Activities: past Director. Skagit Farmland Legacy Program (2003-20M, past Outreach & S�Proiect Specialist. American Farmland Trust (1999-2003). member, Futurewise Whatcom Rural Committee, past board member , various other activities Education: BA. Smith College Qualifications related to position: I have extensive past experience in development of farmland preservation policy and program implementation. My experience also includes outreach and education strategies related to program and policy on agriculture and other natural resource issues Describe why you are interested in serving on this board or commission: Igrew upin WhatcomCounty, left for school, built my professional credentials in the agricultural and conservation field, and returned home to serve my community. My husband and I now manage our family's lands, and I grew up with the farm, conservation, and work ethic of my grandfather and great-grandfather, both of whom were active community members who loved Whatcom County and believed in its future. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? ( ) yes ( x) no If yes, please explain: References (please include daytime telephone number): Ron Wesen,Skagt. County Commissioner (,360.336.9300), Mike 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. 287 PETE KREMEN cni CCOUNCILMEMBERS: County Executive P�G�<0 Barbara E. Brenner Sam Crawford Kathy Kershner DEC 1. 2 2011 Bill Knutzen sy 2 Tony Larson 4SE+IIN�+�� Ken Mann PETE KREMEN Carl Weimer COUNTY EXECLi APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AD COMMISSIONS PLEASE_ PRINT LEGIBLY Name of board or committee -please see reverse: Which position on this board are you applying for (if applicable)? t4 n Do you meet the residency/employment/affiliation requirements of the position for which you're applying (if aoplicable)? (Please see vacancy list for requirements.) (J,�yes ( ) no Which Council district do you reside in? ( ) One Are you a US citizen? f-I 'yes ( ) no Have you eev F been a member of this Boa Name: A fn Street Address: City: J (lC a _4sL Mailing Address (if different from street address): Day Telephone: JG�, E-mail address: ktLaC&1 11g13T/ / d ( ) Two (Q49ree Are you a registered voter? (I es ( ) no on? ( ) yes �o If yes, dates: Date: / - o 9- q0// Zip Code: / U Evening Telephone: -Z- -- Occupation (If retired, please indicate former occupation): I Number: WKM v4WWiWc Professional/Community Activities: 1'Ar2 774 t,'04 7_0S /-,A) related to position: Describe why you are interested in serving on this board or commission: _ f '/�-� rx co""?%-0 &7;, z crz S 65', 6-T- LaccP L ` Cc 0 e:,LA� n 2 -e-L. , Do you or your spouse have a financial interest in or are you a employee or officer of any business or agency that does business with Whatcom County? ( ) yes L( no If yes, please explain: References (please include daytinpq telephone number): Signature of applicant 62,�l6 A) LF& As a candidate fori dpublic 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. PETE KREMEN County Executive OVE.EMBERS: Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson .gsy'NG�p PE TEE KREMEN Ken Mann COUNTY EXECUTIVE Carl Weimer f APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: u..,,b6. �aa a e, A b e i iL Which position on this board are you applying for (if applicable)? j3oaM 0 lanbv-f— 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? 4 One ( ) Two ( ) Three Are you a US citizen? (M yes ( ) no Are you a registered voter? ( ) yes ( ) no Have you ever beep a member of this Board/Commission? (,\� yes ( ) no If yes, dates: 20/0 2 0 11 Name: l ere6ck &:5 14ec Street Address: 3 33ly keV I' # S+. City: i1oandrn Mailing Address (if different from street address): Day Telephone: 3 b 0 ",2 qb ` / 3,55- n E-mail address: ;Oe615M0mrri to Occupation (If retired, please indicate former occup`a Professional/Community Activities: l e. 64.1- ��_ allw uwilaA' _v)s�� Education: <' / Qualifications related to position: NOV 3 0 2011 Date: %/ .,Zq - // Zip Code:.... . a vh e-, Evening Telephone: 3 ! 0 - sa 7- 310410 62A00. C0"7 -Cell /Number: �360•510.0 0� N Describe why you are in rested in serving on this board or commission: /9 1'7 h /i,7-7 A- A�/ter �)orl/ 1"_�_4 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 W no If yes, please explain: References (please include daytime telephone number): �C 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. :• PETE KREMEN County Executive COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Tony Larson Ken Mann Carl Weimer 'APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE PRINT LEGIBLY Name of board or committee -please see reverse: 'Vbe.•tZOJq's Mi 15012V Roo -Rd 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 NOV 2 1 2011 PETE KREMEN COUNTY EXECUTIVE applicable)? (Please see vacancy list for requirements.) (v� yes ( ) no Which Council district do you reside in? (_116 One ( ) Two ( ) Three Are you a US citizen? ('v) yes ( ) no Are you a registered voter? (vf yes ( ) no Have you ever been a member of this Board/Commission? ( ) yes (\/) no If yes, dates: Name: QJ cc e C� PeizRauL+ Date: I 111p1201 1 Street Address: 24 kJOR I S1,LYYlMJ UP- 4C City: 1-6e (U no harm Zip Code: q?)22-9 Mailing Address (if different from street address): Day Telephone: (31Q(_J1) 115 - 5320 Evening Telephone: (&QO) 41 l - 1 (41 E-mail address: hi C-M VViir d &Gti'YLCu coo Cell Number: C25U 0)4ii--1 H-1 Occupation (If retired, please indicate former occupation): Pha12mo c_lJ MLt5)) CUA-i Professional/Community Activities: I i' o e. wlV lNed inyV&IICUnn COi lnN f012 4 yeags, UT_ am t"wlo to f►2ahschr)rl frzom maAemc, ac.tivifies to community -base acne ►tie Education: Wa\iCti Nl ,ldeak POWdR SC"00i / P120tDiNJe ' 13A CPSU CV10lLo W \Nu . Qualifications related to position: US [,Aa\i l &h\de. DLkN Mc1c[ - 2-1000 `, Dpr?.12G1., on F-nCli,lpnria Paeedorn Nle✓tei2Ctn Describe why you are interested in serving on this board or commission: Rujhts u ben6lts rLe.e extlzemeiu Impor-tant lhe. i nccd to he pe-csewved 1mni20VCd upon When ne ce -,,S arrz. 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 (./5 no If yes, please explain: References (please include daytime telephone number): LANOL z I W SOVI (3(00) tv -1 I - S 14-5 ' GRWn l Lusnc, L3U0)J5U - 2-1t-1 '. Li- COL LRU) RUs5 WiLdCVZ L3ie.0)-134 -3-144 Signature of applicant: MQ&eJVla tit As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 290 „4 t . — �r � ii• -wa PETE KREMEN COUNCILMEMBERS: County Executive P��om c�L Barbara E. Brenner f ? l i Sam Crawford C Kathy Kershner Bill Knutzen Tony Larson Qs�in��c COUNTY wie—CU i !VE Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS Name of board or committee -please see reverse: Ve-f"eraws Adyesory 3dur� Which position on this board are you applying for (if applicable)? Which Council district do you reside in? ( ) One ( ) Two ( ) Three Are you a US citizen? (f) yes ( ) no Are you a registered voter? (,G) yes ( ) no Name: Salve l- L Date: Street Address: 33M C'ora-/ awe. City: 11111-n!gh0.:-7 , 4c,�4 Zip Code: Mailing Address (if different from street address): Day Telephone: 3 d) 9� 500 Evening Telephone: same Fax Number: E-mail address: GUI/.inayy/�C�rnGa_f ylef' Occupation (If retired, please indicate former occupation): #P'21M 1?11e, LunSCc/�u`if' Professional/Community Activities: ao✓d m,�mber Ce`-71err- lJAId,6<y �sland� S2r✓ed an 7z"?d Art/v;sdzy Education: ESN Alea A_ C'©//��� , IVSN LLni✓e✓slAl ©YC U-&h Qualifications related to position: v304yea.,' d2fera-n. Rp &-od- ✓i�” ly 4" 4�c with �r.�yer, /e�cCyrs'%ia 2 S,/Z' s . J Describe why you are interested in serving on this board or commission: �'/V ggasSien i,5 71� L'iPa fit, Cdh�mcchifi�'S l7 CclhiCh �J-�cr�ts'. Cis✓:�il�7S �� %��r^ ��r�i �i�S 7�i'/✓� �Dyzi�iu�: �h�-�� :ate h2f �e- oea�/ Aa ©ur �51X � ox�cC ha frsrc� . Do yob or your sl1buse have a financial interest in or are y u an employee or officer of any business or agency that does business with Whatcom County? ( ) yes no If yes, please explain: References (please include name and daytime telephone number): Jenni{-rr Johnwn ,lac% 1lictid/s %1--/ .1chn 9-?7 -�49�'/ GPPv Z116b; I/o'7a 3911-- 3.302 Signature of applicant: As a candidate to a public board or commission, the above information will be available to the County Council, County Executive, and the public. 291 Sandra L. DeGroot CAPT, NC, USN RN, CNM, MSN Sandra (Sandy) DeGroot has over 35 years experience in clinical nursing and health care leadership. She entered the US Navy in 1973 as a Navy Nurse Corps Candidate and graduated from Keuka College in 1976 with a Bachelor's of Nursing Science. She was selected for graduate school in 1990, and completed her Master's of Nursing Science in Nurse -Midwifery at the University of Utah in 1992. She retired from the US Navy in 2005, having achieved the rank of Captain (0-6) and served as the Commanding Officer of Naval Hospital Lemoore, CA for her last assignment. Under her leadership the command received the Meritorious Unit Commendation Award for overall excellence from 2002-2005, and the Department of Defense OB Patient Satisfaction Award in 2003 and 2004. Other highlights of her military career included being an active clinical nurse her entire career spanning from intensive care to a full scope Nurse Midwifery, the Specialty Leader to the Navy Surgeon General for Nurse Midwives and Women's Health Nurse Practitioners, the Navy's first Director of Women's Health Care Services at Naval Hospital Jacksonville, Florida and the Executive Officer of the U.S. Naval Hospital Keflavik, Iceland. She was a pioneer in introducing integrative health care to military medicine. Her personal military awards and decorations include the Legion of Merit, the Meritorious Service Medal with Gold Star, the Navy Commendation with Gold Star, the Navy Achievement Medal, the Meritorious Unit Commendation Award, The National Defense Service Medal with Bronze Star, the Global War on Terrorism Service Medal and the Overseas Service Ribbon. Sandy is living in Bellingham, WA with her husband Troy DeGroot, a retired Naval and Coast Guard Aviator. Currently, she is a health care consultant who is passionate about designing wellness and trauma healing programs for individuals and organizations. 292 PETE KREMEN County Executive C� CE OLINCILMEMBERS: �CGpM Barbara E. Brenner Sam Crawford _ D E C 15 2011 Kathy Kershner r Bill Knutzen PINE KREMEN Tony Larson 9SMtvc�'t� COUNTYEXECLMVF-Ken Mann Carl Weimer APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS PLEASE DINT LEGIBLY .� e 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 require me is 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 (Three Are you a US citizen? (yes ( ) no Are you a registered voter? Oyes ( ) no Have Name Stree City: 41YY*_ Y Cd.4A_ZC.�* Zip Code: LAPl, Mailing Address (if different from street address): �7 2 Day Telephone: C 0 -- ® �1 Evening Telephone:�� l E-mail address: L�l� `�'LtCell Number: A- ' Occupation (If retired, please indica a former occupat on): _ Professional/Community Activities: n,Lc,v' �1L 7` L1 t-At Education: A" t& A � A" Qualifications related to position: A ribe why you are interested in serving on this board or commission: .r' i J) I_ —1l % I %% 9 le L L7A✓r- Do you or your spouse have a financial interest in or are you A.n employee or officer of any business or agency that does business with Whatcom County? ( ) yes Cono If yes, please explain: References (please include daytime telephone number): Signature of applicant: `1 k L - � 0--L <-, As a candidate for a public board or commission, the above information will be available to the County Council, County Executive, and the public. 293 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 71�7 Fleischmann R G � FF 07/26/11 Division Head: U 0 5 Zo" Hearing Dept. Head: J.E."Sam" 8/9/2011 P&D/Council Ryan J !. WHATCOIYI COUNTY COUNCIL Prosecutor: Royce Buckingham Purchasin /Bud et: — 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 (tearing ? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: 712612011 SUMNIARYSTATEMENT 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 1/4 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 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. 294 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: C eputy Prosecutor P. 15 Sam Crawford, Council Chair () Approved () Denied Pete Kremen, Executive Date: 295 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 RECEIVED,ir J U N 2 9 i PETS 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. 1 ft5- e 'rh2 6', N;I he1j_ & 77or7AwIe-t Alin4K 296 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 IVIRL 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. 1 297 FINDINGS 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. 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 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, 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. 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. 3 299 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 M1 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. 5 301 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 Equiva-tent, 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. 6 302 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. 7 303 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 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 CMA 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. 9 305 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 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 P. 10 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. 11 307 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 feasible. 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 CX.* 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. 13 309 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 BeTrock 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. 14 310 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 Ws 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. 311 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 312 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 1esource 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. 3 313 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 4 IH: 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 includad 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. 4 314 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 #3. 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 mee[ing 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. 315 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 C 316 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 offorest 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 7 317 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 berming 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 8 O 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; 319 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 10 320 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: 11 321 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_ Goal8P: 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 ofmineral 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: 12 322 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 ifadministrative 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 13 323 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. 14 324 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 15 County -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 15 325 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 other 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. 16 326 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-sNp 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. 17 327 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 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 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. 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. 18 328 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 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, 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. 19 329 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)." GI 330 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 47 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." 21 331 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 banh 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 22 332 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 themmounts 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. 23 333 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 66 804. 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 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 24 334 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 geometries 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. T • 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 25 335 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 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: 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. 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. 26 336 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 20.73.13 ] (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. 27 337 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 8114-3; 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 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 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. 54. Policy 8P-5: Consider potential resource areas identified in the Report Engineering Geology 29 339 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 MRL. 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 preparati-On 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. 30 340 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 (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. 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). 31 341 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 15th, 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-Kroon c 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 32 342 File # PLN2009-00013 May 31, 2011 MRL — Saxon Rd (Concrete Nor' West) Staff Report, Page 33 Exhibit A Fife #PLN2009-0013 MRL - Saxon Rd. PLN2009-00013 Subject Properties Existing MRL 33 January 2011 0 110 300 1800 2.400 3.0`J 343 WHA,TCOM COUNTY COUNCIL AGENDA BILL NO. 2011-435 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: 11122111 Introduction Originator: Joshua 12 / 6 / 11 Fleischmann d Q D Division Head: -V V DEC. 0.2 �p 2011 1/10/12 P&D/Council Dept. Head: J.E. "Sam" �p4Q , 1 �a I Ryan WHATCONI COUNTY COUNCIL Prosecutor: Karen Frakes ', Purchasin /Bud et: 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 hearing ? ( ) 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 ]vE 1/4 of Section 14, T39N, R2E, W.M. Assessor's Parcel Ws 390214400339 and 390214468400. COMMITTEE ACTION.• COUNCIL ACTION. 12/06/2011: Introduced Related County Contract 4: 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. C.. WHATCOM COUNTY J.E. "Sam" Ryan Director GOM C Planning & Development Services � 5280 Northwest Drive_. , Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �9SyNGCO2 360-738-2525 Fax — RECEIV ED MEMORANDUM NOV 292011 PETE KREMEN COUNTY EXECUTIVE TO: Whatcom County Council THROUGH: J.E. "Sam" Ryan, Director �i� FROM: Joshua Fleischmann, Planner II DATE: November 28, 2011 SUBJECT: Mineral Resource Lands (NIRL) 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 NIRL 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. 345 PROPOSED BY: PDS SPONSORED BY: CONSENT INTRODUCTION DATE: DECEMBER 6, 2011 ORDINANCE NO. 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 THE ALDRICH ROAD 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; and 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: P. 1 CM* 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 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. P. 2 347 12. 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. 13. 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)." After reviewing the criteria, it is the County Geologist's recollection and opinion that the material on site meets the requirements of criterion #6. 14. Mineral resource designation criterion #7 state, "NIRL 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. 15. 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." P. 3 CM1 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. 16. Mineral resource designation criterion # 9 states, "MRL Designation should not enclose by more than 50% non -designated parcels." ' The MRL designation does not enclose by more than 50% non -designated parcels. 17. 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. 18. 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." 19. Policy 7A-2: Foster a diverse, private -sector job base, which will provide family - wage jobs at the state median income level or greater, and facilitate the retention and expansion of existing businesses. This option would allow the landowners the potential to utilize all the densities over the roughly 90 acres. According to the Bureau of Labor Statistics (BLS), the median hourly wage in the State of Washington is $18.76, whereas the median hourly wage for construction and extraction occupations (a category which includes a wide range of jobs and experience level) within the Bellingham metropolitan area is $22.82. Meanwhile, the median hourly wage for farming, fishing, and forestry occupations (a category which includes a wide range of jobs and experience level) within the Bellingham metropolitan area is $16.77. Under this proposal, the construction occupations on the 8 additional buildable lots would provide family wage jobs above the state median income (based on data provided by the BLS), while the agricultural occupations on the reserve tract would provide jobs below the state median level (based on data provided by the BLS). 20. 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. 21. Policy 8A-6: Prioritize agricultural activity in land use decisions when land is P. 4 349 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. 22. 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. 23. Policy 8K-1: Avoid significant mineral extraction impacts on adjacent or nearby land uses, public health and safety, or natural resources. The proposal would eliminate any potential commercial mineral extraction impacts to nearby land uses, health, safety, or natural resources. 24. 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. 25. 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. 26. 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. P. 5 350 27. 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. 28. 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. 29. 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. If the MRL 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. 30. 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. 31. 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 P. 6 351 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. 32. 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. In 2004 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. Under this proposal, designated mineral resource lands within Whatcom County would decrease, increasing the projected gap between supply and demand over the 50 year planning period. 33. 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 construction aggregate are within 10 miles of cities and/or UGAs. 34. Policy 8P-4: Allow mining within designated NIRLs 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. 35. 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 MRL as 1 of the 24 Whatcom County NIRL areas. P. 7 352 36. 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. 37. 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. 38. 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. 39. The 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). 40. The Whatcom County Surface Mining Advisory Committee Final Report and Recommendations (October 20, 2004) states: ... Theoretically, there is enough total supply in existing NIRLs 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 NIRLs are not expanded... (p. 7). 41. A letter from Adam Prince, of Alissi Consulting Inc. states that the sand on site is no longer suitable for septic systems. 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 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. P. 8 353 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 ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor P. 9 2011 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHI.NGTON Chairperson ( ) Approved ( ) Denied Jack Louws, County Executive Date: 354 Exhibit A File #PLN2011-00010 MRL - Aldrich Rd. Removal of existing MRL Designation and zoning overlay; from MRL to Rural, RICIA Y Y YY � � .vi• 3L,A rM•�� i����i';. �'.i..F i'.`A�'•4�.4* ::.;... Existing MRL L �waj n YlnsHi�+w.Nw ..-qr•x ve plfxYa hi.Y .�„na asyliMlV pp:1`6i. a= -a f ppR 1'- 10 355