HomeMy WebLinkAboutPacket Feb 26 2013WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 — 98
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
2/19/2013
2/26/2013
Natural Resources
Division Head:
3 / 12 / 12
Introduction
Dept. Head: (14
p
4,' / '3
3/26/13
Council
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Ordinance establishing a Forestry Advisory Committee
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.)
Ordinance establishing a Forestry Advisory Committee for Whatcom County
COMMITTEE ACTION.•
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at. www.co.whatcom.wa.us/council.
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO.
ESTABLISHING A FORESTRY ADVISORY COMMITTEE
FOR WHATCOM COUNTY
WHEREAS, the Whatcom County Council recognizes forestry as an;,important contributor to
the local economy and quality of life for Whatcom County citizens; and
WHEREAS, the Whatcom County Comprehensive Plan, adopted, on May 20, 1997, contains
goals and policies that direct the county to maintain and enhance °Whatcom County's forest land
base, maintain and enhance the forest products industry, reduce land''use conflicts between forest
and non -forest landowners, and ensure that forest practices,.avoid adverse impacts to the habitat of
threatened and endangered fish and wildlife species; and
WHEREAS, designation and conservation of forest resource lands is required under the
Growth Management Act; and
WHEREAS, the Whatcom County Council recognizes,;the importance of conserving productive
forest lands and associated public resources through a balanced combination of regulatory protection
as mandated by the Growth Management Act and the provision of incentives for maintaining lands in
long-term land use predictability, for both productive forest lands and adjacent non -forest lands; and
WHEREAS, many decisions made by the County Council can have an affect on forestry
production and viability; and
WHEREAS, the County Council desires the :input of forestry landowners and others
associated with forestry practices prior to making decisions on major land use proposals, land use
policies, economic strategies, and other county, regional, state and/or federal programs that directly
or indirectly affect forestry in Whatcom County; and
WHEREAS, the Council believes the most efficient way to get input from forestry landowners
and others associated with forestry practices is to form an advisory committee comprised of forest
land owners and other industry representatives.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom
County Code Chapter 2.123, Forestry Advisory Committee, is hereby established as outlined in
Exhibit A to this ordinance.
ADOPTED this day of , 2013.
ATTEST:
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
, County Executive
( ) Approved
Date Signed:
( ) Denied
2
EXHIBIT A
Chapter 2.121
FORESTRY ADVISORY COMMITTEE
Sections:
2.123.010
Established
2.123.020
Purpose
2.123.030
Function
2.123.040
Membership — Term of Office
2.123.050
Organization — Meetings
2.123.060
Committee Staffing
2.123.010
Established.
T�yk
There is hereby
established the Whatcom County Forestry Advisory Committee.
2.123.020
Purpose.
The Forestry Advisory Committee provides review and recommendations to the Whatcom County
Council on issues that affect the forestry industry. The Forestry Advisory Committee also provides
a forum for all sectors of the forestry community to contribute to discussions on the future of
forestry in Whatcom County.
2.123.030 Function.
The Forestry Advisory Committee reports directly to the County Council or other appropriate
advisory boards, commissions, and committees as necessary to carry out the following functions:
1. Review and provide recommendations on zoning issues, comprehensive plans,
subarea plans, regulation and annexation issues, and other proposals which directly
affect lands or forestry activities in or adjacent to forest land.
2. Establish, promote, and implement a comprehensive forestry protection and
preservation program.
3. Analyze and develop recommendations that will assist the County in addressing
issues which affect forestry at the county, regional, state, and federal levels.
4. Assist, upon request of the Director of Planning and Development Services, that
department by providing review and comment on comprehensive planning and
zoning related issues in or adjacent to forest land.
2.123.040 Membership — Term of Office
The committee shall consist of eleven voting members as follows: Two small forest landowners, two
commercial forest landowners, two harvesters, two private citizens, two forest product
manufacturers, and one representative from the Department of Natural Resources.
Committee members shall be appointed by the county council. Member terms will be four years;
provided that, terms of members first appointed will be staggered so that five members (one from
each category with two appointees) shall be appointed for two years.
3
2.123.050 Organization — Meetings
Meetings of the committee shall be open and accessible to the public and shall be subject to the
Open Public Meetings Act. The committee shall determine its own meeting schedule, but shall meet
at lease twice per year. At every meeting, the committee will schedule an open session to take
public comment on forestry issues. Written records of meetings, resolutions, findings, and
recommendations shall be kept and such records shall be public. The committee shall adopt its own
rules and procedures for the conduct of business. The committee shall elect a chairperson from
among its members who shall preside at its meetings.
2.123.060 Committee Staffing
Whatcom County Planning and Development Services Department
committee. The committee is authorized to request information fr
through the County Executive's Office. „
rovide staffing for the
ninistrative departments
M
NO. AB2012-066h
WHATCOM COUNTY COUNCIL AGENDA BILL
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Knutzen
2/19/2013
2/26/2013
SCOTW
Division Head:
Dept. Head:
13
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Discussion with DNR regarding possible recreation plan for Whatcom County
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Discussion with Mark Mauren, Department of Natural Resources, regarding the possibility of drafting a recreation plan for Whatcom County.
COMMITTEE ACTION:
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whatcom.wa.us/council.
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
AB2013-053
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
TWH
12/26/12
i� 1 �/] D
�C J �VJ
.JAN 2A 2013
WHATCOM COUNTY
COUNCIL
1/29/2013
Fin/Council
Division Head:
2/12/2013
Fin/Council
Dept. Head:
2/26/2013
in/Council
Prosecutor:
9
+ �) Y-)3
bb
1/18/13
Purchasing/Budget:
Executive:
TITLE OF DOCU t, itaker Chamber of Commerce — Baker Birch Bay Promotion
ATTACHMENTS:
1. Memo
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.)
Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred in the promotion of
the Baker — Birch Bay tourism promotion project.
COMMITTEE ACTION:
COUNCIL ACTION:
1/29/2013: Held in Committee
1/29/2013: Held in Committee
2/12/2013: Withdrawn and rescheduled for the
2/12/2013: Withdrawn and rescheduled to
next meeting.
February 26.
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.
.20/3o/01-7
Originating Department:
Executive Office
Contract Administrator:
Tawni Helms
Contractor's / Agency Name:
Mount Baker Foothills Chamber
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No Yes _ No X 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 _ No X\ If yes, RFP and Bid number(s) Cost Center: 14100.6610.907
Is this contract excluded from E-Verify? No X Yes _
If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and
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
$ 123 500.
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:
Mount Baker Chamber provides tourism promotion and visitor information to thousands of clients each year. In
collaboration with Birch Bay a central website highlights tourism activities, services and businesses in the Mt. Baker
corridor and Birch Bay areas. Funds are used to support advertisement, marketing, website hosting and promotional
costs.
Term of Contract: One year
Expiration Date: December 31, 2013
Contract Routing Steps & Si nogff: [sign or initial]
[indicate date transmitted]
1. Prepared by: TWH
Date_12/26/12
[electronic]
2. Attorney reviewed:
Date
[electronic]
3. AS Finance reviewed: _bbennett
Date
1/18/13 [electronic]
4. IT reviewed if IT related
Date
_ [electronic]
5. Corrections made:
Date
[electronic] hard copy printed
6. Attorney signoff: elQ►lz
Date
1��
7. Contractor signed:
Date
8. Submitted to Exec Office
Date / / g/i9 [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
7
WHATCOM COUNTY 4(oom co
Executive Office
311 Grand Avenue 3 `
Bellingham, WA 98225
� 02
9`SH I N GEC
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Tawni Helms
RE: Mount Baker Foothills Chamber of Commerce
DATE: December 26, 2013
Jack Louws
County Executive
Enclosed are two (2) originals of a contract for services agreement between Whatcom
County and Mt. Baker Foothills Chamber of Commerce for your review and signature.
■ Background and Purpose
As allowed in RCW 67.28, Whatcom County will provide funding to the Mount Baker
Foothills Chamber of Commerce for the expansion of their tourism campaigned launched in
2012; titled "sandcastles to snowballs and everything in between". More information can be
found at: bakerbirchbay.com
Expansion of the 2012 campaign will include more unincorporated areas of the County,
Lummi Island and Point Roberts are both included in -the 2013 promotion that includes on -air
advertisement, website hosting, and print media.
An annual report will be furnished by the Mt. Baker Foothills Chamber that includes the
results of the promotion.
■ Funding Amount and Source
Funding for this contract comes from Convention Center Funds and was recommended for
approval by the Lodging Tax Advisory Committee at their November 2, 2012 meeting. This
amount was subsequently approved through the biennium budget process.
Please contact Tawni Helms at extension 50124, if you have any questions or concerns
regarding the terms of this agreement,
Encl.
Whatcom County Contract No.
ORIGINAL ozoi3 oio
CONTRACT FOR SERVICES AGREEMENT
MT. BAKER FOOTHILLS CHAMBER OF COMMERCE
Mt. Baker Foothills Chamber of Commerce , hereinafter called Contractor, and Whatcom County, hereinafter referred to as County,
agree and contract as set forth in this Agreement, including:
General Conditions, pp. 3 to 7
Exhibit A (Scope of Work), pg. $,
Exhibit B (Compensation), pp. 9 ,
Exhibit C (Certificate of Insurance).
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
The term of this Agreement shall commence on the 1st day of January , 20 13 , regardless the date of signature and
shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31 day of December , 20 13
The general purpose or objective of this Agreement is to: support the Mt. Baker Foothills Chamber for expenses incurred in the operation of
their Visitor Information Center , 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
$ 123,500. The Contract Number, set forth above, shall be included on all billings or correspondence in connection
therewith.
Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2,
32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this day of , 20
CONTRACTOR:
Mt. Baker Foothills Chamber of Commerce
Carole MacDonald, President
STATE OF WASHINGTON
) ss.
COUNTY OF
On this _ day of , 20 _, before me personally appeared Carole MacDonald to me known to be the President of —Mt. Baker
Foothills Chamber of Commerce and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
Contract for Services Agreement
[Mount Baker Foothills Chamber— VC Operations] Page 1
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WHATCOM COUNTY:
Recommended for Approval:
Department Director Date
Approved as to form:
� I N— � - � Ak
rosecuting Attorney Da e
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:
Mt. Baker Foothills Chamber of Commerce
(Type in Name of Contractor/Firm)
Carole MacDonald, President
(Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable)
Address:
P.O. Box 866
Maple Falls, WA 98266
Billing Address:
Same
Contact Name: Carole MacDonald
Contact Phone: 360-599-1776
Contact FAX: 360-599-3000
Contact Email: tiambOearthilink.net
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 2
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GENERAL CONDITIONS
Series 30-39: Provisions Related to Administration of Agreement
0.1 Scope of Services:
The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A",
during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the
Agreement.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not
compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be
extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties.
10.2 Extension: Not Applicable
11.1 Termination for Default: Not Applicable
11.2 Termination for Reduction in Funding: Not Applicable
11.3 Termination for Public Convenience: Not Applicable
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and Payment for Contractor Services:
Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires
payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by
documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days
worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal
auditing requirements.
Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his
designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses
incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate
documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures,
pursuant to the fee schedule set forth in Exhibit "B."
21.1 Taxes:
The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by
State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All
compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance
with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout
the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement.
The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay
taxes on compensation earned pursuant to this Agreement.
The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must
pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or
personal property to which the County does not hold title. The County is exempt from Federal Excise Tax.
22.1 Withholding Payment: Not Applicable
23.1 Labor Standards:
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 3
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The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to
payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with
Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of
prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under
conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the
Federal Secretary of Labor and the State of Washington.
Series 30-39: Provisions Related to Administration of Agreement
30.1 Independent Contractor:
The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be
construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services
performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor.
The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not
entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance
benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a
separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the
Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use
and Business and Occupation taxes collected by the State of Washington.
Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including,
but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach
of the provisions of this paragraph.
30.2 Assignment and Subcontracting:
The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract
may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County.
30.3 No Guarantee of Employment:
The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall
not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any
employee of any subcontractor by the County at the present time or in the future.
31.2 Patent/Copyright Infringement: Not Applicable
32.1 Confidentiality: Not Applicable
33.1 Right to Review:
This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and
monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer
or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection
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 (this amount may vary with circumstances)
General Liability & Property Damage for bodily injury- $1,000,000.00 (this amount may vary with circumstances)
A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall
be considered as primary and shall waive all rights of subrogation. The County insurance shall be noncontributory.
Contract for Services Agreement
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Professional Liability - $1,000,000 per occurrence: Not Applicable
34.2 Industrial Insurance Waiver: Not Applicable
34.3 Defense & Indemnity Agreement: Not Applicable
35.1 Non -Discrimination in Employment:
The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and
employees without regard to race, color, creed, religion, national origin, sex, 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.
Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that
applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age,
marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification.
Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of
compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all
solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants
will receive consideration for employment without regard to race, color, religion, sex or national origin.
The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts
or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees.
35.2 Non -Discrimination in Client Services: 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:
Insert here (name, job title, work address)
37.2 Notice: Not Applicable
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
Contract for Services Agreement
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38.3 E-Verify:
The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if
the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract,
register and participate in the status verification system for all newly hired employees. The term 'employee" as used herein means any
person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration
Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known
as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller
agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the
County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the
employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that
any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any
Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such
termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract
cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov
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 Severabili :
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this contract are declared severable.
41.2 Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or
condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such,
or any other covenants or agreements, but the same shall be and remain in full force and effect.
42.1 Disputes:
a. General:
Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the
attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken.
Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records,
orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
b. Notice of Potential Claims:
The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act
or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has
given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to
the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the
Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the
amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used,
and all costs and additional time claimed to be additional.
c. Detailed Claim:
The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the
accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has
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.
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 6
v 1.0
14
d. Arbitration: Not Applicable
43.1 Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the
venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement
shall be governed by the laws of the State of Washington.
44.1 Survival:
The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if
utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason.
45.1 Entire Agreement:
This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement
between the parties and supersedes any prior oral statements, discussions or understandings between the parties.
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 7
v 1.0
15
EXHIBIT "A"
(SCOPE OF WORK)
Mount Baker Chamber provides tourism promotion and visitor information to thousands of clients each year. In 2012, a
promotional team comprised of mernbers representing diverse sections of Unincorporated Whatcom County was
formed to develop a marketing and business plan. A marketing plan was implemented to highlight the Mt. Baker
Corridor and Birch Bay areas of the County. 2013 is the second year of the promotional campaign and will focus on
expanding marketing and promotion efforts to include other areas of unincorporated Whatcom County, such as Lummi
Island and Point Roberts. The marketing and promotional strategies are designed to increase tourism in unincorporated
county during the off season as well as throughout the year. Results in increased tourism are measured through
narrative and data driven reporting produced by the Contractor and associated businesses. This report is provided to
the Executive and County Council on an annual basis.
2013 Marketing strategies will include:
Hosting a central website that highlights tourism activities, services and businesses in Unincorporated Whatcom County
including the Mt. Baker corridor, Birch Bay, Lummi Island and Point Roberts areas.
On- Air Advertisements through Comcast
Print Media
Consultant Services
Pursuant to RCW 67.28.210, all funding will be used for costs associated with the operation of the Mt. Baker Foothills
Visitors Center for the promotion of tourism in Whatcom County.
As a recipient of the Lodging Tax Fund and pursuant to RCW 67.28.1816, Mt. Baker Foothills Chamber of Commerce
will provide the following information:
The estimated number of tourists, persons traveling over fifty miles to the destination, persons remaining at the
destination overnight, and lodging stays generated per festival, special event or tourism -related facility owned or
sponsored by a nonprofit organization or local jurisdiction.
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 8
v 1.0
16
EXHIBIT "B"
(COMPENSATION)
The Contract Number, set forth above, shall be included on all billings.
Whatcom County will provide support to Mt. Baker Foothills Chamber of Commerce for expenses incurred for the Baker
Birch Bay marketing promotion efforts. Invoices shall be sent to the Whatcom County Executive's Office. The Mt Baker
Foothills Chamber will provide Whatcom County with an invoice detailing expenses as allowed in Exhibit A (including ,
receipts). Payment will be made as reimbursement only. Mileage will be reimbursed using current federal guidelines.
Allowable expenses include:
Personnel and Salaried Benefits: $14,500.
Travel: $ 500.
Office Supplies: $ 500.
Marketing/Promotions: $87,800.
Professional Services: $20,200.
Maximum consideration for this contract shall be $123,500.
Contract for Services Agreement
[Mount Baker Foothills Chamber — VC Operations] Page 9
v 1.0
17
E4, 61fi 'C,
Baker Birch Bay Tourism Promotion
Mt Baker Coast Tourism Promotion
A business plan created
�� and presented by:
4W/1
The Mt Baker Foothills Chamber of Commerce
February, 2012
Rebecca Boonstra
Visitors Center Coordinator
Mt Baker Foothills Chamber of Commerce
7509 Mt Baker Hwy
PO Box 866
Maple Falls WA 98266
T: 360.599.1518
F: 360.599.2004
info@mtbakerchamber.ors
mtbakerchamber.org
BakerBirchBay.com
Amended:
11/15/2012
1/11/2013
CONFIDENTIAL
No offering is made or intended by this document. Any offering of interests in The Baker Birch Bay Tourism
Promotion will be made only in compliance with Federal and State securities laws.
This document includes confidential and proprietary information of and regarding the Baker Birch Bay Tourism
Promotion. This document is provided for informational purposes only. You may not use this document except for
informational purposes, and you may not reproduce this document in whole or in part, or divulge any of its
contents without the prior written consent of Mt Baker Foothills Chamber of Commerce. By accepting this
document, you agree to be bound by these restrictions and limitations.
Page 1 of 5
1. Project Summary
The Baker Birch Bay Tourism Promotion was formed following discussions with the Whatcom County Lodging Tax
Advisory
Committee to provide lodging tax funds, financial support for tourism marketing, to the unincorporated areas of
Mt. Baker Corridor and Birch Bay areas of Whatcom County.
Using the lodging tax funds that have been designated in Whatcom County Contract No.: 201111054, the Mt Baker
Foothills Chamber of Commerce will administer a marketing campaign to help increase tourism in the Mt. Baker
and Birch Bay areas in the off seasons. The intent of these marketing campaigns is to support the economic
viability of the tourism driven businesses in these areas and to help maintain jobs in the Mt. Baker
Highway and Birch Bay areas while also increasing the lodging tax revenue back to the fund during off peak
seasons.
II. Mt Baker Foothills Chamber of Commerce Overview
The Mt Baker Foothills Chamber of Commerce is located in Maple Falls, WA situated at the cross roads of Silver
Lake Rd and the Mt Baker Scenic Byway. The mission of the Mt Baker Foothills Chamber of Commerce is to provide
its members with a resource network for business and community development. We also strive to maintain a
sense of unity while being advocates for improvements that enhance the viability of our businesses and the quality
of life.
Since 2001 the Foothills Chamber has worked cooperatively with Whatcom County to increase tourism by
providing resources and guidance to visitors along SR 542.
Baker Birch Bay Tourism Promotion Committee
The Mt. Baker Foothills Chamber of Commerce PRESIDENT will appoint and oversee the Baker Birch Bay Tourism
Promotion Committee and have input into the Baker Birch Bay Tourism Promotion marketing projects.
The committee will be comprised of members of both the Mt. Baker 542 corridor and the
Birch Bay area who are knowledgeable in tourism matters of their respective communities and are directly
involved in the tourism interests of these two unincorporated areas.
The Baker Birch Bay Tourism Promotion projects will not be exclusively limited to featuring members of the Mt
Baker
Foothills Chamber or Birch Bay Chamber of Commerce, but will also feature other appropriate tourism based
businesses and services in these areas as deemed appropriate by the committee.
III. Market Need
Market Need
The off seasons of early spring and fall offer the greatest potential for tourism growth therefore marketing efforts
will be focused on spring and fail seasons.
'these off season times are also the times when additional visitations are critical to helping maintain enough
business to support existing tourism jobs and bridge these jobs until the time when regular season business
a rrives.
Page 2 of 5
19
Other Needs
It has also been brought to our attention that a major source for Lodging Tax funds for the unincorporated areas of
Whatcom County is the Hampton Inn near the airport. The Hampton Inn is currently part of unincorporated
Whatcom County and is the major contributor to the Lodging Tax fund for the unincorporated areas. As the city of
Bellingham grows and lands nearby are annexed, there is a strong, possibility that the Hampton Inn will leave the
unincorporated area of Whatcom County and become part of the city of Bellingham. The loss of this major
contributor will be a detriment to the projects funded in the unincorporated areas of the county. The tourism
market of unincorporated Whatcom County will need to increase its efforts in order to maintain a Lodging Tax fund
which will have be able to effectively help support the economic success of businesses in the Mt. Baker and Birch
Bay areas. Launching efforts to increase off season tourism will also help serve to support the Lodging Tax fund for
the future.
IV. Customer Analysis
Through a survey conducted along the Mt. Baker Highway 542 corridor and at the ski area in 2011, and based on
interactions with visitors from these markets we have determined Spring Break weeks and the months of
September and October offer the most potential for growth and focused marketing efforts.
Most of the visitors looking for information about Mt Baker or Birch Bay use the internet.
The marketing campaign is currently designed to use print and mass transit to drive tourism customers to a
website that will be created and maintained to provide information about activities and resources available in the
Mt. Baker and Birch Bay areas of the county. While the ski season is open, spring off season will focus on the Mt.
Baker corridor with a possible early summer campaign for Birch Bay. The fall off season will focus on Birch Bay and
Artist Point attractions. A long term goal will be to create a central online booking system that could be used by
anyone worldwide. A short term goal will be to provide comprehensive information about the Mt. Baker and Birch
Bay areas and highlight the activities, businesses and services available for visitors.
V. Marketing Plan
Three year overview:
2012
During the 2012 campaign the focus was on putting systems in to place, creating our marketing message,
building sustainable infrastructure and testing marketing resources to determine the strength of
responses. Bakerbirchbay.com was built as a strong visual marketing tool that could be used as hub to
sustain the project.
2013
The 2013 campaign will be focused on expanding our marketing efforts and creating a consistent
marketing program that will allow us to continue the project beyond the terms of our contract. Based on
the success and knowledge gained in the first year we will put forth a powerful and consistent marketing
campaign which will build our fan base and increase awareness of Birch Bay and the Mt Baker Corridor.
Types of advertising may include on air ads, online promotions and some print advertising. Other types of
promotion may include event sponsorships and the use of tangibles to track success of print and online
advertising.
The 2013 campaign will also expand to serve the Point Roberts and Lummi Island regions. These
unincorporated areas of Whatcom County will benefit from being included in our website, on air and
Page 3 of 5
20
online advertising and in print advertising where appropriate. In order to send a clear message to our fan
base the project will be re -named the Mt Baker Coast Tourism Promotion and some slight rebranding will
be necessary. We have strong support from the owner of the Willows Inn on Lummi Island and look
forward to reaching out to the businesses located in Point Roberts.
2014
The 2014 campaign will focus on completion of development of self-sustaining marketing income and
processes to carry the program forward. Marketing will continue to remind people to plan a stay with us.
Target Market:
• "Stay-cationers" located within one day's drive in areas such as:
o Western Washington
o Lower Mainland, BC
o Some Statewide markets
General Promotions Plan
The current marketing plan is centered on the promotion of a central website bakerbirchbay.com, which highlights
the tourism activities, services and businesses in Mt. Baker and Birch Bay areas as well as any special offers and
information featured in marketing campaigns. We intend to use the website as a link to many of our partners in
the tourism industry including all county Chambers of Commerce and Tourism Bureaus.
Types of Advertising
• Mass transit advertising
• Newspapers and publications
• Online ads
• TV ads
• Coupon book
• Other print collateral
Year One Budget:
Personnel and Salaried benefits: $14,500
Travel: $500
Office Supplies: $500
Marketing/ Promotions: $124,000
Professional Services: $13,500
Year Two Budget:
Personnel and Salaried benefits: $14,500.00
Travel: $500
Office Supplies: $500.00
Marketing/Promotions: $87,800.00
Professional Services: $20,200.00
Year Three Budget: TBD
Page 4 of 5
21
VI. Operations Plan
Key Operational Processes
Will include:
Mt. Baker Foothills Chamber of Commerce: Administrative agency for the marketing campaigns associated with
Whatcom County Contract No.: 201111054
The Baker Birch Bay Tourism Promotion Committee: Will facilitate input and consultation regarding Baker Birch
Bay Marketing Tourism Promotion projects.
Mt. Baker Ski Area: production of ads for spring 2012 campaign
Project Team:
Carole MacDonald, Louise Mugar, Kathy Berg, Gwyn Howat, Rebecca Boonstra, John Gibb, Dave Hiller, lain
Buchanan
Professional support provided by:
Jodi Sipes, Account Executive,
Comcast Spotlight
Bill Gorman, Bellingham, Local Sales Manager,
Comcast Spotlight
Chris Donaldson, Bellingham, Producer, Hand Crank Films
Desirae Hill, Bellingham, Marketing Strategist,
Muse Design Studio
Isaac Colgan, Lummi Island, Creative Director, losac Services
Kelly Nowicki, Lummi Island, Web Developer, losac Services
Hilary Vanderlind, Maple Falls, Graphic Design, Baker Made
Peter James, Bellingham, Photographer
Ruth Lauman, Birch Bay, Photographer
Dennis Brounstein, Bellingham, Sales Executive,
Adventures NW Magazine
Page 5 of 5
22
E-Verify Declaration
ATTACHMENT "D"
r��i" INZOM11 -
Proposal/Bid/Invitation/Solicitation No.
The undersigned declares, under penalty of perjury under the laws of Washington that:
1. The above named firm is currently enrolled in and using the E-Verify system for all
employees hired on or after the contract inception date and will continue to use the E-
Verify system for so long as work is being performed on the above named project.
2. I certify that I am duly authorized to sign this declaration on behalf of the above named
bidder/proposer.
3. I acknowledge that Whatcom County requires a copy of the Memorandum of
Understanding between the contractor listed above and the Department of Homeland
Security certifying enrollment in the E-Verify program. Failure to provide the required
Memorandum of Understanding could lead to suspension of this contract.
DATE:
SIGNATURE:
PRINTED NAME:
23
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-092
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
4t
2112113
Intro
Originator:
`
INEC 2 /� ry� D
L� v L�
Divisiaa Head:
2126113
Finance
Committee;
FEB 0 5 2013
Council
Dept. Head:
WHATCOM COUNCIL
Prosecutor:
► IG 43
o
I
Purchasing/Budget:
( 9
✓
Executive:
TITLE OF DOCUM T: 2013 Supplemental Budget Request #3
ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #3 requests funding from the General Fund.
1. To appropriate $9,438 in the Sheriffs Office to fund evidence tracking and storage improvements.
2. To appropriate $27,258 in the Sheriffs Office to fund 2013 Operation Stonegarden FFY2010 program.
3. To appropriate $39,502 in the Sheriffs Office to fund 2013 Operation Stonegarden FFY 2011 program
4. To appropriate $22,573 in the Sheriffs Office to fund State Homeland Security FFY2010 program.
5. To appropriate $40,511 in the Sheriffs Office to fund State Homeland Security FFY2011 program.
From the Solid Waste Fund.
6. To appropriate $22,000 to fund completion of Cedarville Landfill project.
From the Emergency Management Fund.
7. To appropriate $172,309 in the Sheriffs Office to fund completion of Operation Stonegarden FFY2010 project
from grant proceeds.
8. To appropriate $39,502 in the Sheriff s Office to fund Operation Stonegarden FFY 2011 transfer from grant
proceeds.
9. To appropriate $32,653 in the Sheriffs Office to fund completion of State Homeland Security Program FFY
2010 project from grant proceeds.
10. To appropriate $40,511 in the Sheriffs Office to fund State Homeland Security Program FFY 2011 transfer
from grant proceeds.
COMMITTEE ACTION.•
COUNCIL ACTION.•
2/12/2013: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
24
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 2/12/13
ORDINANCE NO.
AMENDMENT NO. 3 OF THE 2013 BUDGET
WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013-2014
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2013-
2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the
following additional amounts to the 2013 budget included therein:
Expenditures
Revenues
Net Effect
General Fund
Sheriff
139,282
(129,844)
9,438
Total General Fund
139,282
(129,844)
9,438
Solid Waste Fund
22,000
-
22,000
Total Emergency Management Fund
284,975
(284,975)
-
Total Supplemental
446,257
(414,819)
31,438
In addition, Exhibit B to the 2013-2014 Budget Ordinance entitled "Authorized Positions"
should be amended to provide for the following FTE change:
• Correct Exhibit B error to agree with budgeted expenditure authority by moving .05
Special Projects Manager position from Executive to Administrative Services —
Administration.
ADOPTED this day of )2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
.- R C-,—" �u JL-
Civil Deputy Pr cutor
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 #3-2013.doc
25
WHATCOM COUNTY
Summary of the 2013 Supplemental Budget Ordinance No. 3
Net Effect to
Increased
Fund Balance
Expenditure
(Increased)
(Increase)
Department/Fund
Description
Decrease
Revenue
Decrease
General Fund
Sheriff
To fund evidence tracking and storage
improvements.
9,438
-
9,438
Sheriff
To fund 2013 Operation Stonegarden IFFY 2010
program.
27,258
27,258
-
Sheriff
To fund 2013 Operation Stonegarden IFFY 2011
program.
39,502
39,502
Sheriff
To fund State Homeland Security IFFY 2010
program.
22,573
22,573
-
Sheriff
To fund State Homeland Security IFFY 2011
program.
40,511
(40,511)
-
Total General Fund
139,282
(129,844)
9,438
Solid Waste Fund
To fund completion of Cedarville Landfill project.
22,000
22,000
Emergency Management Fund
Sheriff
To fund completion of Operation Stonegarden IFFY
172,309
(172,309)
-
2010 project from grant proceeds.
Sheriff
To fund Operation Stonegarden IFFY 2011 transfer
39,502
(39,502)
-
to Sheriffs Office from grant proceeds.
Sheriff
To fund completion of State Homeland Security
32,653
(32,653)
-
Program IFFY 2010 project from grant proceeds.
Sheriff
To fund State Homeland Security Program IFFY
40,511
(40,511)
-
2011 transfer to Sheriffs Office from grant proceeds.
Total Emergency Management Fund
284,975
(284,975)
Total Supplemental
446,257
(414,819)
31,438
26
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JOKES
CHIEF OF CORRECTIONS
Memorandum F1 E C-,EC 12 V E D
TO: Jack Louws, County Exe
� 11 1cs, n _ J A `+ `, t
FROM: Sheriff Bill Elfo _ %"� `
JACK LOUWS
DATE: January 28, 2013 COUNTY EXECUTIVE
SUBJECT: Supplemental Budget ID# 1476
2013 Evidence Tracking and Storage Improvements
The attached Supplemental Budget requests spending authority for evidence tracking and storage
improvements in 2013.
Background and Purpose
It is essential that the Sheriff's Office maintain efficient storage and inventory of evidence, and
we are in critical need of additional evidence storage space. Purchase of equipment and supplies
will improve storage space and maximize storage capacity at both evidence storage locations: the
evidence room located in the Whatcom County Sheriff s Office and the evidence building located
at the Central Shop complex on Smith Road.
In addition, the Sheriff's Office currently uses "FileOnQ" software to enter, track, and inventory
evidence and all other items taken in by the Sheriffs Office. The program was purchased in 2004
and upgraded in 2012. Programming service to modify/customize the software for the Sheriff's
Office will improve functionality.
Funding Amount and Source
The Sheriff's Office held an auction in November 2012 to dispose of unclaimed property.
Auction proceeds were $9,454. The Sheriff's Office requests authority to use these proceeds in
2013 for evidence storage improvements.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence izNblic Safety.
Supplemental Budget Request Status: Pending
Sheriff Administration
Supp'l ID # 1476 Fund 1 Cost Center 2911 Originator. Dawn Pierce
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. 2013 Evidence Tracking and Storage Improvements
x
(2-�
J 3
Departhlefit Head Signature (Required on Hard Copy Submission)
Date
Costs:
Object
Object Description
Amount Requested
2910.1000
Fund'Balance
($9,438)
6320
Office & Op Supplies
$1,339
6510
Tools & Equip
$6,794
6630
Professional Services
$1,305
Request Total
$0
la. Description of request:
Purchase equipment and supplies needed to improve storage space and maximize evidence storage
capacity: stainless steel work tables ($707), flat shelf cart ($326), bins on wheels/laundry carts ($761),
marijuana drying racks ($3261), fans ($687), desk/computer hutch ($380), printer ($435), chair ($924),
and stackable storage containers ($652).
Programming services ($1305) are needed to modify/customize evidence tracking software to increase
functionality.
1b. Primary customers:
Sheriffs Office
2. Problem to be solved.
The Sheriffs Office is in critical need of additional evidence storage space. Purchase of this equipment
will improve storage space and maximize storage capacity at both evidence storage locations: the
evidence room located in the Whatcom County Sheriffs Office and the evidence building located at the
Central Shop complex on Smith Road.
The Sheriffs Office currently uses "FileOnQ" software to enter, track, and inventory evidence and all other
items taken in by the Sheriffs Office. The program was purchased in 2004 and upgraded in 2012.
Programming services to modify/customize the software for the Sheriffs Office will improve functionality.
3a. Options /Advantages:
Existing evidence area spaces need to be maximied by re -configuring and adding capacity to avoid having
to rent additional storage space.
3b. Cost savings:
4a. Outcomes:
Acquisition and installation of storage systems will improve storage space and maximize evidence storage
capacity.
Modifying/customizing evidence tracking software will increase functionality.
4b. Measures:
Monday, January 28, 2013 Rpt: Rpt Supp[ Regular
Supplemental Budget Request
Status: Pending
Sheriff Administration
Supp'l 1D # 1476 1 Fund 1 Cost Center 2911 Originator. Dawn Pierce
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for.
N/A
6. Funding Source:
Proceeds from 2012 firearms auction.
Monday, January 28, 2013
Rpt: Apt Suppl Regular
T
WHATCOM COUNTY
SHERIFF'S OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws, County Executive
FROM: Sheriff Bill Elfo l
DATE: January 28, 2013
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
S= COOLEY
CHIEF INSPECTOR
WENDY JOIVES
CHIEF OF CORRECTIONS
JA:N 28 20313
JACK LOUWS
COUNTY EXECUTIVE
SUBJECT: Supplemental Budget ID #1469
Department of Homeland Security
Operation Stonegarden Program (OPSG) FFY2010 Grant #E12-031
The attached Supplemental Budget requests budget authority for the remaining grant
Rinds in the amount of $27,258 for the Department of Homeland Security, Operation
Stonegarden Program FFY2010.
Background and Purpose
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program
(OPSG) FFY2010 funds of $793,815 to Whatcom County to enhance law enforcement's
preparedness and operational readiness along the international borders of the United
States. Of this dollar amount, the Sheriffs Office allocation was $408,000. The
Sheriffs Office spent $258,163 of this allocation in 2011 and $122,579 in 2012. The
Sheriffs Office anticipates spending the remaining $27,258 on operational overtime and
mileage in 2013 prior to the grant expiration date of 06/30/13.
The Sheriffs Office is requesting budget authority for operational overtime and related
mileage for this operation.
Funding Amount and Source
Operating Transfer In of $27,258 from WCSO Division of Emergency Management.
Funds originate from the Department of Homeland Security Operation Stonegarden
Program FFY2010, Federal Grant #E12-031, CFDA #97.067.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence inNblic Safety.
Supplemental Budget Request Status: Pending
Sheriff Operations
Supp'l 1D # 1469 Fund 1 Cost Center 2994 Originator. Dawn Pierce
Expenditure Type: One -Time Year 1 2013 Add'i FTE ❑ Add'i Space ❑ Priority
Name of Request: 2013 Operation Stonegarden FFY2010
X
LIAI
DepalI164IHead Signature (Required on Hard Copy Submission) Date
Costs.
Object
Object Description
Amount Requested
6140
Overtime
$20,376
6210
Retirement
$1,067
6230
Social Security
$1,558
6259
Worker's Comp-Interfund
$497
6790
Travel -Other
$3,760
8301
Operating Transfer In
($27,258)
Request Total
$0
1a. Description of request.
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG)
FFY2010 funds of $793,815 to Whatcom County to enhance law enforcement's preparedness and
operational readiness along the international borders of the United States. Of this dollar amount, the
Sheriffs Office was allocated $408,000. The Sheriffs Office spent $258,163 of this allocation in 2011 and
$122,579 in 2012. The Sheriffs Office anticipates spending the remaining $27,258 on operational
overtime (wages & benefits) and mileage. The grant expires 06/30/13.
1b. Primary customers:
The citizens of Whatcom County are the primary customers for this service through increased capability
of local law enforcement to secure the international border.
2. Problem to be solved.
Requires expenditure authority to continue work on project deliverables as contracted in this federal grant.
3a. Options /Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Cost savings to the Whatcom County Sheriffs Office is $27,258.
4a. Outcomes:
Enhanced patrols will be completed per contract specifications and timelines.
4b. Measures:
Whatcom County Sheriffs Office will schedule patrols per contract specifications and timelines and will
monitor outcomes using daily activity logs.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
Monday, January 21, 2013 Rpt: Rpt Suppl Regular
31
Supplemental Budget Request
Status: Pending
Sheriff Operations
Supp'l ID # 1469 Fund 1 Cost Center 2994 Originator: Dawn Pierce
6. Funding Source:
Operating Transfer In from WCSO Division of Emergency Management (DEM). These funds originate
from Department of Homeland Security Operation Stonegarden Program FFY2010 Federal Grant
Agreement #E12-031, CFDA #97.067. See WCSO DEM Supplemental Budget ID #1464 for
corresponding Operating Transfer Out.
Monday, January 21, 2013
Rpt: Rpt Suppl Regular
32
WHATCOM COUNTY
_
JEFF PARKS
SHERIFF'S OFFICE
UNDERSHERIFF
- fN1 Or, -
W�' =
ART EDGE
BILL ELFO
SHERIFF
CHIEF DEPUTY
DOUG CHADWICK
PUBLIC SAFETY BUILDING
"`E
CHIEFDEPUTY
311 Grand Avenue
Bellingham, WA 98225-4078
STEVE COOLEY
(360) 676-6650
CHIEFINSPECTOR
W`MDY JONES
CHIEF OF CORRECTIONS
It I
Memorandum R E E I `V E
TO: Jack Louws, County Execut' A� J A 2 8, 2-3113
FROM: Sheriff Bill Elfo JACK LOUWS
COUNTY EXECUTIVE
DATE: January 28, 2013
SUBJECT: Supplemental Budget ID #1470
Department of Homeland Security
Operation Stonegarden Program (OPSG) FFY2011 Grant #E12-248
The attached Supplemental Budget requests budget authority for the remaining grant
funds in the amount of $39,502 for the Department of Homeland Security, Operation
Stonegarden Program FFY2011.
Background and Purpose
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program
(OPSG) FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's
preparedness and operational readiness along the international borders of the United
States. Of this dollar amount, the Sheriff's Office allocation was $140,743. The
Sheriff's Office spent $101,241 of this allocation in 2012 on equipment (mobile data
terminals) and anticipates spending the remaining $39,502 on operational overtime and
mileage in 2013.
The Sheriff's Office is requesting budget authority for operational overtime and related
mileage for this operation.
Funding Amount and Source
Operating Transfer In of $39,502 from WCSO Division of Emergency Management.
Funds originate from the Department of Homeland Security Operation Stonegarden
Program FFY2011, Federal Grant #E12-248, CFDA #97.067.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in lic Safety.
Supplemental Budget Request Status: Pending
Sheriff Operations
Supp'l tFund 1 Cost Center 1003512004 Originator. Dawn Pierce
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority
Name of Request: 2013 Operation Stonegarden FFY2011
X1AIVIQ�3
Depart nt Head Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
6140
Overtime
$29,527
6210
Retirement
$1,547
6230
Social Security
$2,259
6259
Worker's Comp-Interfund
$721
6710
Postage/Shipping/Freight
$5,448
8301
Operating Transfer In
($39,502)
Request Total
$0
la. Description of request.
The Department of Homeland Security (DHS) awarded Operation Stonegarden Program (OPSG)
FFY2011 funds of $757,963 to Whatcom County to enhance law enforcement's preparedness and
operational readiness along the international boders of the United States. Of this amount, the Sheriffs
Office allocation was $140,743. The Sheriffs Office spent $101,241 of this allocation in 2012 on
Equipment (mobile data terminals). The Sheriffs Office anticipates spending the remaining $39,502 on
operational overtime (wages & benefits) and mileage in 2013. The grant expires 06/30/14.
1b. Primary customers:
Citizens of Whatcom County are the primary customers for this service through increased capability of
local law enforcement to secure the international border.
2. Problem to be solved.
Expenditure authority is required to begin work on project deliverables as contracted in this federal grant.
3a. Options / Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement's preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
Cost savings to Whatcom County Sheriffs Office is $39,502.
4a. Outcomes:
Enhanced patrols will be completed per contract specifications and timelines.
4b. Measures:
Whatcom County Sheriffs Office will schedule patrols per contract specifications and timelines and will
monitor outcomes using daily activity logs.
5a. Other Departments/Agencies:
The Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
Tuesday, January 22, 2013
Rpt: Rpt Suppl Regular
34
Supplemental Budget Request Status: Pending
Sheriff Operations
Supp'1lD # i47o Fund 1 Cost Center 1003512004 Originator: Dawn Pierce
6. Funding Source:
Operating Transfer In from WCSO Division of Emergency Management (DEM). These funds originate
from the Department of Homeland Security (DHS) Operation Stonegarden Program (OPSG) FFY2011
Federal Grant Agreement #E12-248, CFDA #97.067. See WCSO DEM Supplemental Budget ID #1467
for corresponding Operating Transfer Out.
Monday, January 28, 2013
Rpl: Rpl Suppl Regular
35
WHATCOM COUNTY
SHERIFFS OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws, County Executi
FROM: Sheriff Bill Elfo
DATE: January 28, 2013
SUBJECT: Supplemental Budget ID #1471
Department of Homeland Security
State Homeland Security Program (SHSP) FFY2010
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JONES
CHIEF OF CORRECTIONS
JACK LOUD S
COUNTY EXECUTIVE
The attached Supplemental Budget requests budget authority for the remaining grant
funds in the amount of $22,573 for the Department of Homeland Security State
Homeland Security Program FFY2010.
Background and Purpose
The Department of Homeland Security (DHS) awarded State Homeland Security
Program (SHSP) FFY2010 funds of $264,408 to Whatcom County to enhance the
capability of state and. local units of government to prevent, deter, respond to, and recover
from catastrophic and/or terrorist incidents. Of this dollar amount, the Sheriffs Office
allocation was $37,080. The Sheriff s Office spent $14,507 of this allocation in 2012 and
anticipates spending $22,573 in 2013 prior to expiration of the grant on 06/30/13.
Funding Amount and Source
Operating Transfer In of $22,573 from WCSO Division of Emergency Management.
Funds originate from the Department of Homeland Security State Homeland Security
Program FFY2010, Federal Grant #E 11-093, CFDA #97.067.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence ir3fiblic Safety.
Supplemental Budget Request status: Pending
Sheriff Operations
Supp7IFund 1 Cost Center 1003512005 Originator: Dawn Pierce
Expenditure Type: One -Time Year 1 2013 Add'I F"rE ❑ Add'I Space ❑ Priority
Name of Request: 2013 State Homeland Security Program FFY10
X
Depa nt Head Signature (Required on Hard Copy Submission) Date
costs.
Object
6510
Object Description
Tools & Equip
Amount Requested
$9,500
6760
Miscellaneous Communicat
$1,080
7410
Equipment -Capital Outlay
$11,993
8301
Operating Transfer In
($22,573)
Request Total
$0
la. Description of request:
DATA ENTRY/INFORMATION SHARING. Purchase 15 additional scanner/printer sets at an estimated
cost of $9,500 to be issued to patrol deputies for data entry/information sharing and to generate written
reports.
MISCELLANEOUS COMMUNICATIONS. Continue satellite bandwidth service from February through
June 2013.
COURTHOUSE COMMUNICATIONS PROJECT. Install upgrades to the courthouse radio
communications repeater and antenna system to allow for consistent radio communications between first
responders, courthouse security deputies, and WhatComm dispatch.
1b. Primary customers:
The primary customers for this service are law enforcement and first responder personnel.
2. Problem to be solved:
DATA ENTRY/INFORMATION SHARING. The Sheriffs Office currently deploys mobile computers with
all commisioned personnel. Scanners and printers are also installed in the vehicles to expedite the
gathering and sharing of information. Currently, not all patrol deputies and supervisors have this
equipment. Additional scanner/printers will equip remaining vehicles with this equipment and provide
three or four spare sets in case installed equipment requires immediate replacement. These scanners
interface with the new Records Management System (RMS) and allow deputies to quickly enter
information into the system and electronically share it with other agencies.
COURTHOUSE COMMUNICATIONS PROJECT. The present radio system in the courthouse is
inadequate; there is inconsistent radio transmit and receive capability between radio users and
WhatComm dispatch center within the building. Officer safety is substantially lowered for personnel that
respond to emergencies and other calls for service. A significant need to upgrade this system exists so
that law enforcement personnel can communicate within this building at any time, under any
circumstance. This project was not done in 2012 as originally budgeted. Therefore, expenditure authority
is needed in 2013 to complete this project prior to expiration of the grant on 06/30/13.
3a. Options / Advantages:
DATA ENTRY/INFORMATION SHARING. This will standardize equipment and process. It will also
improve efficiencies and reduce time spent on traffic stops and calls for service.
Monday, January 28, 2013 Rpt: Rpt Suppl Regular
37
Supplemental Budget Request
Status: Pending
Sheriff Operations
Supp'1lFund 1 Cost Center 1003512005 Originator., Dawn Pierce
COURTHOUSE COMMUNICATIONS PROJECT. There are no other options to improve the radio
communications system within the courthouse. The present vendor installed a like system in the Jail
building which greatly improved radio communications in that building and eliminated all radio deficiencies.
3b. Cost savings:
COURTHOUSE COMMUNICATIONS PROJECT. Cost savings would be related to lowering County
liability as a result of improving the communications between law enforcement, and ultimately the public,
in times of emergency response to the courthouse.
4a. Outcomes:
DATA ENTRY/INFORMATION SHARING. Improved efficeincies in documenting contacts and generating
required paperwork. This will expedite the time deputies spend on a contact, allowing them to proactivley
patrol and respond to calls.
COURTHOUSE COMMUNICATIONS PROJECT. Improved ability to transmit and receive radio
communication between law enforcement personnel and WhatComm dispatch.
4b. Measures:
DATA ENTRY/INFORMATION SHARING. Improved efficencies.
COURTHOUSE COMMUNICATIONS PROJECT. Communication deficiencies would be eliminated.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
6. Funding Source:
Operating Transfer In from WCSO Division of Emergency Management (DEM). These funds originate
from the Department of Homeland Security (DHS) State Homeland Security Program (SHSP) FFY10
Federal Grant #E11-093 CFDA #97.067. See WCSO DEM Supplemental Budget ID#1474 for
corresponding Operating Transfer Out.
Monday, January 28, 2013
Rpl: Apt Suppl Regular
WHATCOM COUNTY
SHERIFF`S OFFICE
BILL ELFO
SHERIFF
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4078
(360) 676-6650
Memorandum
TO: Jack Louws, Cou
FROM: Sheriff Bill Elfo
DATE: January 28, 2013
SUBJECT: Supplemental Budget ID #1472
Department of Homeland Security
State Homeland Security Program (SHSP) FFY2011
JEFF PARKS
UNDERSHERIFF
ART EDGE
CHIEF DEPUTY
DOUG CHADWICK
CHIEF DEPUTY
STEVE COOLEY
CHIEF INSPECTOR
WENDY JOKES
CHIEF OF CORRECTIONS
E Co" E V i. E UY"'
JA 2 8 L ,'3
JACK LOUWS
COUNTY EXECUTIVE
The attached Supplemental Budget requests budget authority for grant funds in the
amount of $40,511 for the Department of Homeland Security State Homeland Security
Program FFY2011.
Background and Purpose
The Department of Homeland Security (DHS) awarded State Homeland Security
Program (SHSP) FFY2011 funds of $121,464 to Whatcom County to enhance the
capability of state and local units of government to prevent, deter, respond to, and recover
from catastrophic and/or terrorist incidents. Of this dollar amount, the Sheriffs Office
allocation for 2013 is $40,511. The Sheriffs Office anticipates spending these funds on
training, satellite bandwidth service and equipment.
Funding Amount and Source
Operating Transfer In of $40,511 from WCSO Division of Emergency Management.
Funds originate from the Department of Homeland Security State Homeland Security
Program FFY2011, Federal Grant #E 12-186, CFDA #97.067.
Please contact Undersheriff Jeff Parks at extension 50418 if you have any questions.
Thank you.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Aic Safety.
Supplemental Budget Request Status: Pending
Sheriff Operations
Supp'l ID # 1472 Fund 1 Cost Center 1003513001 Originator: Dawn Pierce
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: 2013 State Homeland Security Program FFY11
X
Depart a ead Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
6630
Professional Services
$11,000
6760
Miscellaneous Communicat
$1,511
7410
Equipment -Capital Outlay
$28,000
8301
Operating Transfer In
($40,511)
Request Total
$0
la. Description of request:
TRAINING. Provide a 3-day Interview and Interrogation training class for Sheriffs Office and area law
enforcement personnel. The cost for a contract class from Wicklander-Zulawski is $11,000.
MISCELLANEOUS COMMUNICATIONS. Continue satellite bandwidth service from July 2013 through
January 2014.
PEACEKEEPER UPGRADE. Upgrade a surplus Peacekeeper armored vehicle currently maintained by
the Sheriffs Office. An engine replacement is required to make the vehicle operational. Other upgrades
would include visible paint and marking, emergency lighting, and sirens. Estimated cost for the upgrades
is $9,000
EQUIPMENT PURCHASE. Purchase a portable robot and necessary accessories at an estimated cost of
$19,000 to enhance patrol/tactical response and negotiations capabilties.
1b. Primary customers:
Law enforcement personnel.
2. Problem to be solved:
TRAINING. The Sheriffs Office currently has a number of patrol deputies/investgiators that have not
attended the Interview and Interrogation training. This training is essential and enhances the skills of an
investigator, resulting in successful interviews.
PEACEKEEPER UPGRADE. The Sheriffs Office regulary utilizes armored vehicles to protect responding
law enforcement from potential lethal attacks. Upgrades to the Peacekeeper armored vehicle would
make it operational and would provide a highly mobile platform that can be operated by any deputy. The
armored vehicle would allow for an expedited response in the event of a school shooting, workplace
violence or terrorist incident.
EQUIPMENT PURCHASE. The Sheriffs Office regularly makes high risk entries to secure locations and
render scenes safe. This requires deputies and tactical personnel to enter areas and face potential
violent attack. The robot would allow law enforcement personnel to view the interior of a location prior to
making physical entry. It could also be used by negotiators as a tool to listen to and communicate with a
hostage taker or barricaded subject.
3a. Options / Advantages:
Monday, January 28, 2013 Rpt: Rpt Supp! Regular
Ell
Supplemental Budget Request Status: Pending
Sheriff Operations
Supp71D # 1472 Fund 1 Cost Center 1003513001 Originator. Dawn Pierce
PEACEKEEPER UPGRADE. Due to it's mobility and protective qualities, the Sheriffs Office regularly
requests the use of an armored vehicle owned and operated by a neighboring law enforcement agency.
However, this vehicle is not always available to the Sheriffs Office, which can cause delay in response
times or negatively impact deployment plans.
Upgrade of the Peacekeeper armored vehicle would provide the Sheriffs Office with a readily available,
highly mobile protective platfrom that can be operated by any deputy. This would expedite response time
and enhance both officer and public safety in the event of a critical incident.
EQUIPMENT PURCHASE. A robot is highly portable and can be deployed by any deputy. Robots
increase officer safety, situational awareness, and negotiation capabilities. Alternatively, the Sheriffs
Office would have to search locations using specially trained deputies and K9s.
3b. Cost savings:
Cost savings to Whatcom County Sheriffs Office is $40,511.
4a. Outcomes:
TRAINING. Deputies and area law enforcement will receive training and the requisite skills of interview
and interrogation in May 2013.
PEACEKEEPER UPGRADE. The completed project will consist of an operational, clearly marked
armored vehicle to respond to critical incidents with significant risk to innocent citizens and deputies. It is
anticipated that the project will be completed by summer 2013.
4b. Measures:
TRAINING. Training will enhance the skills of investigators, resulting in successful interviews.
PEACEKEEPER UPGRADE. A readily available, highly mobile armored vehicle that can be operated by
any deputy will expedite response time and enhance both officer and public safety in the event of a critical
incident.
EQUIPMENT PURCHASE. A robot will increase officer safety, situational awareness, and negotiation
capabilities.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) administers this federal
grant.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Jeff Parks will coordinate the project for the Sheriffs Office.
6. Funding Source:
Operating Transfer In from WCSO Division of Emergency Management (DEM). These funds originate
from the Department of Homeland Security (DHS) State Homeland Security Program (SHSP) FFY11
Federal Grant #E12-186, CFDA #97.067. See WCSO DEM Supplemental Budget ID#1475 for
corresponding Operating Transfer Out.
Monday, January 28, 2013
Rpt: Rpt Suppl Regular
41
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
�G0M. CO
�RSFI (NG�0
MEMORANDUM
TO: Jack Louws, County Executive
/ 7
THROUGH: Frank M. Abart, Director W' I
FROM: Chris C. Brueske, P.E., Assistant Dire o
y)
DATE: January 24, 2013
SUBJECT: Supplemental Budget Request
Chris C. Brueske, P.E.
Assistant Director
ADMINISTRATION
CIVIC CENTER ANNEX
322 N. Commercial Street, Suite 210
Bellingham, WA 98225
Phone # (360) 676-6692
Fax # (360) 738-4561
www.co.whatcomma.us
JAN 2 8 2C.3
JACK LC)UWS
COUNTY EXECUTIVE
The Public Works Solid Waste Division is requesting supplemental budget authority for FY 2013. On January 14,
2013, the Solid Waste Executive Committee approved the following proposed budget amendments:
• $22,000 to be added to the Landfill Post -Closure account, 140201.
In 2012, a new leachate management system was constructed at the Cedarville Landfill. However,
Department of Ecology (DOE) delayed issuance of the Final NPDES permit until January 8, 2013,
which in turn delayed the completion of the post -construction documents. These documents include
the Operations and Maintenance Manual for the new system, the updated Sampling and Analysis
Plan and the updated Post -Closure Plan. These documents could not be completed without the Final
NPDES Permit and will be completed in the first quarter of 2013. Funds were budgeted and included
in the contract for this task, but $13,033 from the 2012 budget remain unspent and cannot be
continued over into 2013. Reallocation of the funds is requested through the supplemental budget
process.
An additional requirement was also added to the NPDES Permit, a Tier II Analysis, which is to
demonstrate that discharge of effluent from the constructed treatment system does not exceed the
criteria for measureable change in the receiving water quality. Tier II, when required, is generally
requested during the initial design and study period. This requirement was not added until the final
revision of the permit by DOE so was not included in the Landfill Monitoring budget for 2013. This
additional task will be added to the monitoring contract and is estimated to cost $8,045.
• $22,400 in budgeted funds for Cedarville projects went unspent in 2012 and will be moved to the
Fund Balance for year-end 2012. We are requesting supplemental budget authority for $22,000 to
complete the above -mentioned tasks. This was previously budgeted money and will not produce a
negative draw on the Fund Balance.
Printed on 100% post -consumer recycled -content paper_
42
Supplemental Budget Request Status: Pending
Public Works Solid Waste
Supp'l to # 1463 :Fund 140 Cost Center 140201 Originator. Chris Brueske
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'i Space ❑ Priority
Name of Request. Cedarville
Department Head Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description Amount Requested
2910.1000 Fund Balance
($22,000)
6630 Professional Services
$22,000
Request Total
$0
1a. Description of request.
A new system for managing the leachate at the Cedarville Landfill was constructed in 2012, eliminating
the need to truck the leachate off -site for treatment. Due to Department of Ecology (DOE), delays in the
NPDES permitting, final required documents were not completed by year-end. These post -construction
documents include the Operations and Maintenance manual for the system, the updated Sampling and
Analysis Plan, and an updated Post -Closure plan.
Additionally, the DOE is now requiring that a "Tier II Analysis" for water quality be conducted during the
initial NPDES permit period. This would have normally been requested during the design and study
phase, but was added in the last revision of the permit. This is intended to be a one-time analysis for the
permit.
Funds for the remaining post -construction work were included in the Construction Management contract
but cannot be rolled over to 2013 through a continuing appropriation ($13,033), as they were previously
continued from 2011. There were also unspent funds in the regular landfill monitoring contract ($9,400).
Both of these contract balances will be rolled into the fund balance at year-end 2012.
Public Works/Solid Waste is requesting supplemental budget authority for these previously allocated
funds in the amount of $22,000 to complete the post -construction work.
1b. Primary customers:
Citizens of Whatcom County.
2. Problem to be solved:
See #1 a.
3a. Options /Advantages:
The Tier II analysis and other documents are required by the NPDES permit. No other viable options
exist.
3b. Cost savings:
Due to permitting delays, $22,400 went unspent in 2012 between two contracts for the landfills, cost
center 140201. That amount will roll into fund balance at the close of 2012. This supplemental will draw
on those same funds.
4a. Outcomes:
Successful post -construction monitoring and reporting.
4b. Measures:
asra r� ; -:—_,._.,l�.t<,� ,: r�--,„urn. g: ?m ,�,a .,,- ;z: r,�xr;,:M,—s r..+:c:rsce ;err , w—�IXI. :, �,a�—
Friday, January 25, 2013 Rpt: Rpt Suppl Regular
43
Supplemental Budget Request . Status: Pending
Public Works Solid Waste
supp7 l� # �4s3 Fund 140 Cost Center 140201 Originator; Chris Brueske
Completion of the above referenced analysis and plans.
5a. Other Departments/Agencies:
N/A.
5b. Name the person in charge of implementation and what they are responsible for:
Chris Brueske, Assistant Director, Public Works
6. Funding Source:
Solid Waste fund balance.
Friday, January 25, 2013
Rpt: Rpt Supp[ Regular
WHATCOM COUNTY
SHERIFF'S OFFICE
SHERIFF BILL ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4048
DIVISION OF
EMERGENCY MANAGEMENT
KENT CATLIN
E I V E
lQWUTY DIRECTOR
vING ADDRESS
Grand Avenue
Bellingham, WA
14
98225-4048
J A IJ Z 6 L� i 3 (360) 676-6681
JACK
MEM&OUNTY
To: Jack Louws, County Executive
LOUWS
E
From: Sheriff Bill Elfo, Director of Emergency Managemer
Subject:
5upplementai budget Hequest iu ;; 14b4
Dept of Homeland Security, Operation Stonegarden Program (OPSG)
FFY2010 OPSG Contract # E12-031
Date: January 28, 2013
The attached Supplemental Budget Request seeks authority to expend $172,309 to be
reimbursed from the Dept of Homeland Security Operation Stonegarden Program grant.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management has been awarded
$793,815 from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG)
for Federal Fiscal Year 2010. This grant flows from DHS through the Washington State Military
Department — Emergency Management Division to Whatcom County.
DHS provides OPSG funds to enhance law enforcement preparedness and operational
readiness along international borders of the United States. In coordination with US Customs
and Border Protection/Border Patrol (US-CBP/BP), local law enforcement agencies will provide
an enhanced presence in the border area through enhanced patrols and equipment purchases.
Each agency will perform duties normal to its mission while providing additional law
enforcement "eyes and ears" in support of the Homeland Security mission. Participating
agencies will not enforce immigration laws on behalf of US-CBP/BP. The participating agencies
are the Cities of Bellingham, Blaine, Everson, Ferndale, Lynden, and Sumas Police
Departments, as well as the Whatcom County Sheriff's Office.
As of 12/31/2012, the participating agencies have expended $621,506. This Supplemental
Budget Request seeks authority to expend the grant's remaining $172,309 balance.
The performance period for this grant runs from August 1, 2010 through June 30, 2013.
• Funding Amount and Source
$172,309 from the Dept of Homeland Security FFY2010 Operation Stonegarden Program,
Contract # E12-031, Funding Source Agreement 2010-SS-TO-0084, CFDA 97.067 SHSP.
Please contact me or Frances Burkhart if you have questions regarding this contract.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pudic Safety.
Supplemental Budget Request Srarus: Pending
Sheriff Emergency Management
Supp'l ID # 1464 Fund 167 Cost Center 16767 Originator. Frances Burkhart
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Operation Stonegarden FFY2010
�13
De art rr� t H d Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333.8705
St Homeland Sec Grt Prg
($172,309)
7220
Intergov Subsidies
$145,051
8351
Operating Transfer Out
$27,258
Request Total
$0
1a. Description of request.
The US Department of Homeland Security (DHS) FFY2010 Operation Stonegarden Program (OPSG)
awarded $793,815 to Whatcom County to enhance law enforcement preparedness and operational
readiness along the international borders of the United States (Whatcom County Contract #201108019).
This award was allocated among the Whatcom County Sheriffs Office (WCSO) and the Police
Departments of the cities of Bellingham, Blaine, Everson, Ferndale, Lynden, and Sumas. As of
12/31/2012, these agencies have expended $621,506. The remaining $172,309 balance must be
expended by the 06/30/2013 grant end date.
1b. Primary customers:
Residents of Whatcom County, through the increased security of the international border.
2. Problem to be solved.
DEM requires expenditure authority to complete work on contracted project deliverables.
See WCSO Supplement Budget ID# 1469 for its corresponding Operating Transfer In request.
3a. Options /Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
WCSO: $27,258. Other agencies: $145,051.
4a. Outcomes:
Enhanced patrols will be completed and equipment purchased per contract specifications and timelines.
4b. Measures:
DEM will monitor program projects and expenditures against contract deliverables.
5a. Other Departments/Agencies:
In coordination with the US Customs and Border Protection/Border Patrol (US-CBP/BP), WCSO and
Police Departments will field enhanced patrols and will purchase approved equipment.
5b. Name the person in charge of implementation and what they are responsible for.
Joe Jovanovich, US-CBP/BP, coordinates patrols with local law enforcement. Undersheriff Jeff Parks and
the Police Chiefs coordinate OPSG for their respective jurisdictions' law enforcement agencies.
6. Funding Source:
Federal Grant: DHS FFY2010 OPSG, Contract #E12-031, CFDA #97.067.
Friday, January 25, 2013 Rpt: Rpt Suppl Regular
ER
WHATCOM COUNTY
SHERIFF'S OMCE
SHERIFF BILL ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4048
DIVISION OF
EMERGENCY MANAGEMENT
KENT CATLIN
DEPUTY DIRECTOR
MAILING ADDRESS
311 Grand Avenue
e ham, WA
e. 98 25-4048
) 676-6681
3
MEMO JACK LOU
To: Jack Louws, County Executive COUNTY E E UTI
From: Sheriff Bill Elfo, Director of Emergency Management
Subject: Supplemental Budget Request ID # 1467 v
Dept of Homeland Security, Operation Stonegarden Program (OPSG)
FFY2011 OPSG Contract # E12-248
Date: January 28, 2013
The attached Supplemental Budget Request seeks authority to expend $39,502 to be
reimbursed from the Dept of Homeland Security Operation Stonegarden Program grant.
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management was awarded $757,963
from the Dept of Homeland Security (DHS) Operation Stonegarden Program (OPSG) for
Federal Fiscal Year 2011. This grant flows from DHS through the Washington State Military
Department — Emergency Management Division to Whatcom County.
DHS provides OPSG funds to enhance law enforcement preparedness and operational
readiness along international borders of the United States. In coordination with US Customs
and Border Protection/Border Patrol (CBP/BP), local law enforcement agencies provide an
enhanced presence in the border area through enhanced patrols and equipment purchases.
Each agency performs'duties normal to its mission while providing additional law enforcement
"eyes and ears" in support of the Homeland Security mission. Participating agencies will not
enforce immigration laws on behalf of CBP/BP. The participating agencies are the Blaine,
Everson, Ferndale, Lynden, and Sumas Police Departments, as well as the Whatcom County
Sheriff's Office.
The Sheriff's Office was allocated $140,743, of which $101,241 was spent by 12/31/2013. The
Sheriff's Office anticipates spending the remaining $39,502 in 2013.
(Please note: 2013 expenditure authority for the participating cities has been requested
through the continuing appropriations process.)
The performance period for this grant runs from September 1, 2011 through June 30, 2014.
• Funding Amount and Source
$39,502 from the Dept of Homeland Security FFY2011 Operation Stonegarden Program,
Contract # E12-248, Funding Source Agreement 2011-SS-00030-S01, CFDA 97.067 SHSP.
Please contact Undersheriff Jeff Parks or Frances Burkhart if you have questions regarding this
contract.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Azlic Safe
Supplemental Budget Request
Status: Pending
Sheriff Emergency Management
Supp'I ID # 1467 � Fund 167 Cost Center 16759 Originator: Frances Burkhart
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 4
Name of Request: Operation Stonegarden FFY2011
X 3
Depa en Signature (Required on Hard Copy Submission) Date
Costs: I Object Object Description Amount Requested
4333.8705 St Homeland Sec Grt Prg ($39,502)
8351 Operating Transfer Out $39,502
Request Total $0
la. Description of request:
The US Department of Homeland Security (DHS) FFY2011 Operation Stonegarden Program (OPSG)
awarded $757,963 to Whatcom County to enhance law enforcement preparedness and operational
readiness along the international borders of the United States (Whatcom County Contract #201108019).
This award was allocated among the Whatcom County Sheriffs Office (WCSO) and the Police
Departments of the cities of Blaine, Everson, Ferndale, Lynden, and Sumas. As of 12/31/2012, WCSO
had expended $101,241 of its $140,743 award, leaving a balance of $39,502 to be expended in 2013.
(N.B.: Expenditure authority for the other participating agencies' unspent balance of $429,447 has been
requested through the continuing appropriations process.)
1b. Primary customers:
Residents of Whatcom County, through the increased security of the international border.
2. Problem to be solved:
DEM requires expenditure authority to continue and complete work on contracted project deliverables.
See WCSO Supplement Budget ID# 1470 for its corresponding Operating Transfer In request.
3a. Options /Advantages:
OPSG funds are awarded specifically for projects that will enhance law enforcement preparedness and
operational readiness, projects that would otherwise have to be funded with local monies or eliminated.
3b. Cost savings:
WCSO: $39,502.
4a. Outcomes:
Enhanced patrols will be completed per contract specifications and timelines.
4b. Measures:
DEM will monitor program projects and expenditures against contract deliverables.
5a. Other Departments/Agencies:
In coordination with the US Customs and Border Protection/Border Patrol (US-CBP/BP), WCSO will field
enhanced patrols in the border area.
5b. Name the person in charge of implementation and what they are responsible for.
Joe Jovanovich, US-CBP/BP, coordinates patrols with WCSO. Undersheriff Jeff Parks coordinates
OPSG for the WCSO.
6. Funding Source:
Federal Grant: DHS FFY2011 OPSG, Contract #E12-248, CFDA #97.067.
Friday, January 25, 2013 Rot Rot Suppl Regular
48
WHATCOM COUNTY
SHERIFF'S OFFICE
SHERIFF BILL, ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4048
DIVISION OF
EMERGENCY MANAGEMENT
KENT CAMN
DEPUTY DIRECTOR
;s
ILING ADDRESS
11 Grand Avenue
Bellingham, WA
98225-4048
J h 2 8 L ii 113
(360) 676-6681
JACK LOUWS
MENWUNTY EXECU
To: Jack Louws, County Executive /�, �
From: Sheriff Bill Elfo, Director of Emergency Management
Subject: Supplemental Budget Request ID # 1474
US Dept of Homeland Security FFY2010 State Homeland Security Program
Date: January 28, 2013
The attached Supplemental Budget Request seeks authorization to expend $32,653 in order to
continue and complete work on the contract deliverables for the Dept of Homeland Security
FFY2010 State Homeland Security Program Grant (SHSP-10).
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management was awarded $264,408
from the Dept of Homeland Security (DHS) State Homeland Security Program (SHSP) for
Federal Fiscal Year 2010 (Whatcom County Contract # 201103016).
DHS provides SHSP funds to enhance the capability of state and local units of government to
prevent, deter, respond to, and recover from catastrophic and/or terrorist incidents. Locally,
SHSP is used is support 1 FTE Emergency Management Program Specialist, as well as
projects supporting the unique equipment, exercise, training, and planning needs of local
emergency responders. Whatcom County's Homeland Security Committee allocated SHSP-10
funds among DEM, the Sheriff's Office, and local law enforcement and emergency
management agencies. As of 12/31/201X these agencies had expended 145,807. $85,948
has been approved through the 2013 Budget Setting and 2013 Continuing Appropriations
processes. This supplemental requests additional budget authorizatiorpto allow DEM, the
Sheriff's Office, and the City of Sumas to complete specific SHSP-10 projects.
• Funding Amount and Source
$32,653 From a Federal Grant: DHS, SHSP, FFY2010, CFDA 97.067 SHSP.
Please contact Jeff Parks (x50418) or Frances Burkhart (778-7161) for additional information.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Pubic Safety.
Supplemental Budget Request
Status. Pending
Sheriff Emergency Management
Supp'I ID # 1474 Fund 167 Cost Center 16766 Originator. Frances Burkhart
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 2
Name of Request. State Homeland Security Program FFY2010 I
X fig'
Depa ad Signature (Required on Hard Copy Submission) Date
Costs:
Object
Object Description
Amount Requested
4333.8705
St Homeland Sec Grt Prg
($32,653)
6320
Office & Op Supplies
$571
6330
Printing
$1,000
6510
Tools & Equip
$3,500
6780
Travel-Educ/Training
$200
7110
Registrationfruition
$100
7140
Meeting Refreshments
$500
7220
Intergov Subsidies
$4,209
8351
Operating Transfer Out
$22,573
Request Total
$0
la. Description of request:
Whatcom County Sheriffs Office Division of Emergency Management (DEM) requests budget
authorization to complete work on deliverable activities as contracted in this US Department of Homeland
Security (DHS) FFY2010 State Homeland Security Program (SHSP) Grant, Whatcom County Contract
#201103016. Whatcom County's Homeland Security Committee allocated the SHSP-10 $264,408 award
among DEM, the Sheriffs Office, and local law enforcement and emergency management agencies. As
of 12/31/2012, these agencies had expended $145,807. $77,796 has been approved through the 2013
budget setting process. An additional $8,152 has been requested through the continuing appropriations
process. this supplemental requests authorization to expend the remaining $32,653 balance.
1 b. Primary customers:
Local emergency management and law enforcement agencies, and the general public.
2. Problem to be solved.
DEM requires expenditure authority to complete work on contracted project deliverables.
See WCSO Supplement Budget ID# 1471 for its corresponding Operating Transfer In request.
3a. Options /Advantages:
SHSP funds are awarded specifically to enhance Whatcom County's capability to prevent, deter, respond
to, and recover from catastrophic and/or terrorist events, projects that would otherwise have to be
eliminated or funded locally.
3b. Cost savings:
Whatcom County: $28,444. City of Sumas: $4,209.
4a. Outcomes:
DEM will outfit two equipment trailers purchased on this grant, provide community outreach and
educational opportunities, and train local responders. The Sheriffs Office projects are detailed in its
corresponding Supplemental Budget Request #1471. The City of Sumas will purchase Personal
Protective and Interoperable Communication Equipment.
Monday, January 28, 2013
Rpt: Rpt Suppl Regular
50
Supplemental Budget Request
Status. Pending
Sheriff Emergency Management
Supp l ID # 1474 Fund 167 Cost Center 16766 Originator. Frances Burkhart
4b. Measures:
Program projects and expenditures will be monitored against contract deliverables.
5a. Other Departments/Agencies:
The Whatcom County Sheriffs Office and the City of Sumas.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Parks will coordinate projects for the Sheriffs Office.
Police Chief Chris Haugen will coordinate projects for the City of Sumas.
6. Funding Source:
US Dept of Homeland Security FFY2010 State Homeland Security Program Grant, Contract # El 1-093,
CFDA# 97.067.
Friday, January 25, 2013 Rpt: Rpt Suppl Regular
51
WHATCOM COUNTY
SHERIFF'S OFFICE
SHERIFF BILL ELFO
DIRECTOR
PUBLIC SAFETY BUILDING
311 Grand Avenue
Bellingham, WA 98225-4048
DIVISION OF
EMERGENCY MANAGEMENT
KENI' CA=
DEPUTY DIRECTOR
INGGrand ADDRESS
I V E 0."
Grand Avenue
lingham, WA
F 8225-4048
(360) 676-6681
JAN 2 8 1J13
MEM JACK
-
OUN E-CWUSTi� -7
To: Jack Louws, County Executive
From: Sheriff Bill Elfo, Director of Emergency Management
Subject: Supplemental Budget Request ID # 1475
US Dept of Homeland Security FFY2011 State Homeland Security Program
Date: January 28, 2013
The attached Supplemental Budget Request seeks authorization to expend $40,511 in order to
continue work on the contract deliverables for the Dept of Homeland Security FFY2011 State
Homeland Security Program Grant (SHSP-11).
• Background and Purpose
Whatcom County Sheriff's Office Division of Emergency Management was awarded $121,464
from the Dept of Homeland Security (DHS) State Homeland Security Program (SHSP) for
Federal Fiscal Year 2011 (Whatcom County Contract # 201204001). DHS provides SHSP
funds to enhance the capability of state and local units of government to prevent, protect
against, respond to, and recover from terrorist attacks and other disasters. Locally, SHSP is
used is support 1 FTE Emergency Management Program Specialist, as well as projects
supporting the unique equipment, exercise, training, and planning needs of local emergency
responders.
Whatcom County's Homeland Security Committee allocated $40,511 of the SHSP-11 award to
the Sheriff's Office for projects supporting the SHSP mission. The Sheriff's Office projects are
detailed in its corresponding Supplemental Budget Request #1472. DEM is asking to support
these approved WCSO projects through "Operating Transfer Out" budget authorization.
• Funding Amount and Source
$40,511 from a Federal Grant: DHS, SHSP, FFY2011, CFDA 97.067 SHSP.
Please contact Jeff Parks (x50418) or Frances Burkhart (778-7161) for additional information.
Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Akc Safety.
Supplemental Budget Request status: Pending
Sheriff Emergency Management
supp7 ID # 1475 Fund 167 Cost Center 16772 Originator: Frances Burkhart
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 3
Name of Request. State Homeland Security Program FFY2011
X
Depa ent ad Signature (Required on Hard Copy Submission) LDate
Costs:
Object Object Description Amount Requested
4333.8705 St Homeland Sec Grt Prg
($40,511)
8351 Operating Transfer Out
$40,511
Request Total
$0
la. Description of request:
The US Department of Homeland Security (DHS) FFY2011 State Homeland Security Program (SHSP)
grant awarded $121,464 to Whatcom County for projects that will enhance its ability to prevent, protect
against, respond to, and recover from terrorist attacks and other disasters (Whatcom County Contract #
201204001). The Whatcom County Homeland Security Committee allocated $40,511 of these funds to
the Sheriffs Office for projects supporting the SHSP mission (see the Sheriffs Office Supplemental
Budget Request #1472 for project details). The Division of Emergency Management (DEM) requests
budget authorization to support these deliverable activities.
1b. Primary customers:
Law enforcement personnel.
2. Problem to be solved.
See WCSO Supplemental Budget Request ID# 1472 for projects detailed in its corresponding Operating
Transfer In request.
3a. Options /Advantages:
SHSP funds are awarded specifically to enhance Whatcom County's capability to prevent, deter, respond
to, and recover from catastrophic and/or terrorist events, projects that would otherwise have to be
eliminated or funded locally.
3b. Cost savings:
$40,511.
4a. Outcomes:
The Sheriffs Office projects are detailed in its corresponding Supplemental Budget Request # 1472.
4b. Measures:
Program projects and expenditures will be monitored against contract deliverables.
5a. Other Departments/Agencies:
Whatcom County Sheriffs Office.
5b. Name the person in charge of implementation and what they are responsible for.
Undersheriff Parks will coordinate projects for the Sheriffs Office.
6. Funding Source:
US Dept of Homeland Security FFY2011 State Homeland Security Program Grant, Contract #E12-186,
CFDA# 97.067.
Monday, January 28, 2013
Rpt: Rpt Suppl Regular
53
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-096
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
pi
12127112
FP, LP E D
FEB 19 2013
°,NHATCOM COUNTY
COUNCIL
2126113
Finance/Council
Division Head:
.4T113
Dept. Head:
%1+
7 / 13
Prosecutor:
Purchasin /Bud et:
!? `� '�
Executive.
TITLE OF DOCU NT:
Amendment #8 to Contract between Whatcom County and Opportunity Council for Homeless Service Center Administration
ATTACHMENTS.
Contract Info Sheet
Memo to Executive
2 Originals of Contract Amendment
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes (X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must
provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining
the intent of the action.)
The purpose of this contract is to provide programmatic and administrative services related to the operation of
the Whatcom County Homeless Service Center which serves as a centralized point of entry for homelessness
prevention and re -housing services for Whatcom County residents. This amendment adds $30,000 funding to
provide a Risk Mitigation Fund. The fund will be used to cover the costs of damage or loss caused by tenants
suffering from mental illness.
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.
54
WHATCOM COUNTY
Health Department
509 Girard Street
Bellingham, WA 98225
TO:
FROM:
RE:
DATE:
MEMORANDUM
Jack Louws, County Executive
Regina Aelahunt, Director
Regina A. Delahunt
' ector
ROA E(C" E IV EU
FEB 11 2013
JACK LOUWS
COUNTY EXECUTIVE
Opportunity Council, Whatcom Homeless Service Center Administration,
Amendment #8
February 7, 2013
Enclosed are two (2) originals of a contract amendment between Whatcom County and Opportunity
Council for your review and signature.
■ Background and Purpose
The purpose of this contract is to provide programmatic and administrative services related to the
operation of the Whatcom County Homeless Service Center (WHSC) which serves as a centralized
point of entry for homelessness prevention and re -housing services for Whatcom County residents.
This amendment adds $30,000 funding to provide a Risk Mitigation Fund. The fund will be used to
cover the costs of damage or loss caused by tenants suffering from mental illness.
■ Funding Amount and Source
The source of funding for this contract, in an amount not to exceed $880,745, is County document
recording fees, Veterans Assistance funds and Department of Commerce Consolidated Homeless
Grant funds and funds from the North Sound Mental Health Administration (NSMHA). Council action
is required because the amended contract value exceeds a 10% increase in contract value since last
approved by Council.
■ Differences from Previous Contract
This contract is central to the operation of the WHSC resulting in a greater necessity for amendment
when additional funding sources become available or critical needs are identified. This amendment
adds funding to provide a Risk Mitigation Fund. The fund will be used to cover the costs of damage
or loss caused by tenants suffering from mental illness.
The contract history is:
•
Original amount
$381,915 (calendar year 2011)
•
Amendment #1
$150,000 (add veteran's housing funding)
•
Amendment #2
$1,909 (add training funds)
•
Amendment #3
$33,210 (add high -need, high -risk rental subsidies)
•
Amendment #4
$279,926 (extend 6 months, Jan -June 2012)
•
Amendment #5
$15,000 (add veteran's housing funding)
•
Amendment #6
$809,934 (extend 18 months, July 2012-Dec 2013)
•
Amendment #7
$80,811 (add NSMHA funding)
•
Amendment #8
$30,000 (adds Risk Mitigation Fund)
•
Revised total maximum consideration not to exceed $1,782,705.
Please contact Gail de Hoog at extension 30693 if you have any questions regarding this amendment.
Encl.
55
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
201011042-8
Originating Department:
Whatcom County Health Department
Contract Administrator:
Gail de Hoog
Contractor's / Agency Name:
Opportunity Council
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes _ No X_ Yes X No If yes, previous number(s):_201011042-7
Is this a grant agreement?
Yes _ No X_ If yes, grantor agency contract number(s)
CFDA number
Is this contract grant funded?
Yes X No If yes, associated Whatcom County grant contract number(s) NSMHA Grant Pending
Is this contract the result of a RFP or Bid process? Contract 671200
Yes _ No X If yes, RFP and Bid number(s) sole source_ Cost Center: _122200/122300/114
Is this contract excluded from E-Verify? No X_ Yes
If no, include Attachment D Contractor Declaration Form If yes, indicate qualified exclusion(s) below:
Contract less than $100,000. _ Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) _ Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and
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
$_1,752,705
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
$ 30,000.00
agenda bill and supporting memo. If less than these thresholds, just submit to
Total Amended Amount:
Executive with supporting memo for approval.
$1,782,705.00
Scope of Services: [Insert language from contract (Exhibit A) or summarize; expand space as necessary]
The purpose of this contract is to provide programmatic and administrative services related to the operation of the
Whatcom County Homeless Service Center which serves as a centralized point of entry for homelessness prevention
and re -housing services for Whatcom County residents.
The amendment adds $30,000 in Risk Mitigation Funds to be used to cover the costs of damage or loss resulting from
property damage caused by tenants suffering from mental illness.
Term of Contract. 1/1/2011—12/31/13 1 Expiration Date: 12/31/13 (this is final exp. Date per Section 10.2)
Contract Routing Steps & Signoff: [sign or initial]
[indicate date transmitted]
1. Prepared by: Pi
Date_12/27/12_
[electronic]
2. Attorney reviewed: rjw
Date
1/16/13_
[electronic]
3. AS Finance reviewed: mdc
Date_1/16/13_[electronic]
4. IT reviewed if IT related
Date
[electronic]
5. Corrections made:
Date
_
[electronic] hard copy printed
6. Attorney signoff: j? Q �. i
Date
—
7. Contractor signed: ✓
Date
1245-113
8. Submitted to Exec Office ./
Date
1 /
[summary via electronic; hardcopies]
9. Council approved (if necessary)
Date
10. Executive signed:
Date
11. Contractor Original Returned to dept;
Date
12. County Original to Council
Date
56
rl-
;O ORIGINAL.:
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT AMENDMENT
PARTIES:
Whatcom County
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
AND CONTRACTOR:
Opportunity Council
1111-Cornwall Avenue, Suite C
Bellingham, WA 98225
Whatcom County #201011042
AMENDMENT NUMBER: 8
CONTRACT PERIODS:
Original:
01 /01 /2011-12/31 /2011
Amendment #1:
01/15/2011-12/31/2011
Amendment #2:
03/15/2011-12/31/2011
Amendment #3:
08/01/2011-12/31/2011
Amendment #4:
01/01/2012-06/30/2012
Amendment #5:
05/16/2012-06/30/2012
Amendment #6:
07/01/2012-12/31/2013
Amendment #7:
12/01/2012-12/31/2013
Amendment #8:
03/01/2013-12/31/2013
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS
THERETO, IS HEREBY AMENDED AS SET FORTH IN THE DESCRIPTION OF THE
AMENDMENT BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO
DESCRIPTION OF AMENDMENT:
1. Amend the first sentence on Page 1 of the Agreement to list the contract sections as follows:
"General Conditions, pp 3 to 8,
Exhibit A (Scope of Work), pp. 9 to 13,
Exhibit B (Compensation), pp 14-15,
Exhibit C (Certificate of Insurance) p. 16,
Exhibit D (Contractor's Declaration) pp. 17-30,
Exhibit E (Special Terms & Conditions of Commerce Grants)
Exhibit F (Business Associate Agreement)
Exhibit G (Risk Mitigation Fund)"
2. Amend Exhibit "A" Scope of Work, Section II Definitions by deleting the definition of Risk
Mitigation Fund and replacing it with the following:
"A reserve account that will be available to reimburse the Opportunity Council for excess damage or unpaid
rent associated with units rented to high risk clients in the Shelter Plus Care or Supportive Housing
Program."
3. Amend Exhibit "A" Scope of Work, Section III Project Description and Design by deleting
number 8 entirely.
4. Amend Exhibit "A" Scope of Work, Section IV Statement of Work, Section A Programmatic
Services by deleting number 9 entirely.
HL_020113_Opportunity_Council WHSC Admin Amend_#8 . 57 1
5. Amend Exhibit "A" Scope of Work, Section IV Statement of Work, Section B Administrative
Responsibilities by adding the following:
9. Submit claims for reimbursement for excessive property damage or lost rent resulting from clients housed through
the Shelter Plus Care or Supportive Housing Programs according to the requirements set forth in Exhibit G.
6. Replace Exhibit "A" Scope of Work, with the attached Exhibit "A" to reflect those changes.
7. Replace Exhibit "B", Compensation with the attached Exhibit "B".
8. Add the attached Exhibit "G", Risk Mitigation Fund.
9. The effective date of the amendment is March 1, 2013.
10. Funding for the contract period January 1, 2013 thru December 31, 2013 is not to exceed
$630,201.
11.The funding for the total contract period January 1, 2011 to December 31, 2013 is not to exceed
$1,782,705.
Hl._020113_Opportunity_Council_WHSC Admin Amend_#8 58 2
DEPARTMENT HEAD APPROVAL:
APPROVAL AS TO FORM:
FOR
Contractor
ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS
AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT.
ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND
ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT.
Signature is required below.
APPROVAL AS TO PROGRAM: �� ��� Lei 1,�-���-G'� ;V / i S
Apne Deacon, Human Services Program Manager' Date
Delahunt, WCHD Director
Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this day of 1 e
,Q 6 , to me known to be tlQ'e
r
who acknowledged to me the act of signing and sealing thereof.
00
NOTARY PUBLIC in and for
the State of Washington
'L
Residing at Bellingham. srgj�F'
My Commission expires:
FOR WHATCOM COUNTY:
Jack Louws Date
County Executive
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
personally appeared
bove instrument and
On this day of , 201, 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.
NOTARY PUBLIC in and for
the State of Washington
Residing at Bellingham.
My Commission expires:
HL_020113_Opportunity_Council WHSC Admin Amend #8 3
59
Revised EXHIBIT "A" (Amendment #8)
(SCOPE OF WORK)
I.Background
Through funding from Washington State ESSHB 2163 and HB 1359 (i.e. document recording fees), Whatcom County
established the Whatcom Homeless Service Center (WHSC), a housing services project that serves as a centralized point
of entry for homelessness prevention and re -housing services for Whatcom County residents. WHSC is vital to the
transformation of the county's continuum of care from managing homelessness to ending homelessness. The WHSC
implements programs and services identified in the Ten -Year Plan to End Homelessness in Whatcom County and
authorizes and coordinates service delivery among WHSC partner agencies. Since its inception, the WHSC has added a
diverse mix of funding sources.
The WHSC is modeled upon evidence -based, housing first approaches to homelessness prevention and rapid re -housing.
The intent of WHSC housing services is to shift the focus from reliance upon emergency shelters and costly institutional
facilities in meeting the needs of the homeless to prevention and permanent housing. By serving as a centralized
coordinating system of access to homeless services and by transitioning homeless individuals and families as quickly as
possible into permanent housing, in partnership with supportive service providers, the WHSC will improve outcomes for
homeless individuals and families and ensure the more efficient use of public resources.
The WHSC programs include both rental subsidy and housing case management components. WHSC staff determines
client eligibility for services, authorizes and distributes rent subsidies to local landlords on behalf of participating clients,
makes referrals to housing case management services provided by partner agencies, and coordinates required data
collection efforts.
Services will be provided to low-income and/or homeless individuals and households residing in Whatcom County.
11.Definitions
Commerce
Washington State Department of Commerce
CHG
Consolidated Homeless Grant
HMIS
Washington State's Homeless Management Information System
HPRP
HUD's Homeless Prevention and Rapid Re -housing Program
Housing first
A best practice approach to homelessness reduction, emphasizing
permanent housing placement with supportive services and rapid re-
housing if a housing placement is unsuccessful
HUD SHP
U.S. Department of Housing and Urban Development Supportive
Housing Program
HUD ESG
U.S. Department of Housing and Urban Development Emergency
Solutions Grant
LIHEAP
Low Income Household Energy Assistance Program
Partner Agencies
Agencies that contract with Whatcom County for the delivery of housing
case management services, in connection with the WHSC
Permanent Supportive
Chronically homeless individuals/households with significant barriers to
Housing Population
permanent housing; will receive deep rent subsidies and intensive
housing case management services
HL_020113_Opportunit _Council_WHSC_Admin Amend_#8 60 4
Prevention Population Individuals/households who are at immediate risk of eviction and
homelessness; may receive financial assistance and are eligible for
housing case management services as needed
Program Exit The date when, in the opinion of the client's case manager and as
agreed to by the client, the client no longer needs housing case
management or rent subsidy to ensure housing stability or two months
after the date at which 'the client's income exceeds 50% of the area
median income, whichever comes first. ,
Risk Mitigation Fund A reserve account that will be available to reimburse the Opportunity
Council for excess damage or unpaid rent associated with units rented to
high risk clients in the Shelter Plus Care or Supportive Housing Program.
Re -Housing Population Homeless individuals/households with a range of barriers to permanent
housing; will receive rent subsidies and housing case management
services
SSVF Supportive Services For Veteran Families
WHSC Whatcom Homeless Service Center
III.Proiect Description and Design
The Contractor will serve as the administrative entity for the WHSC, overseeing day-to-day operations and administrative
functions. The WHSC will be staffed by four positions: a Project Manager, a Housing Referral Specialist, a Rapid Entry
Coordinator, and an HMIS Coordinator. WHSC staff who are employed by the Contractor are responsible for program
implementation. Programmatic responsibilities of WHSC staff include:
1. Managing a coordinated, centralized homeless housing intake system.
2. Administering a client housing assessment and/or reviewing client housing assessment results submitted by partner
agencies, based on a standardized housing assessment tool to be used by WHSC staff and all WHSC partner agencies
to assess barriers to housing and/or risk for priority for services.
3. Determining and documenting client eligibility.
4. Making client referrals for housing and services.
5. Authorizing and issuing rental assistance subsidies.
6. Authorizing and/or coordinating case management services that will be delivered by partner agencies.
7. Cultivating and maintaining relationships with local landlords who agree to participate in the program, in order to
increase the community's permanent housing stock.
8. Managing all aspects of community -wide HMIS including ensuring data quality and accurate reporting, and supporting
agency users of HMIS.
9. Serving as liaison for homeless housing activity to the network of service providers and other stakeholders.
IV.Statement of Work
The Contractor will be responsible for programmatic and administrative services associated with the operation of the
Whatcorn Homeless Service Center. Programmatic and administrative services include all activities necessary to operate
the WHSC in compliance with the requirements set forth in Section IV.
A. Programmatic Services
The Contractor will:
HL_020113_Opportunity_Council WHSC Admin_Amend_#8 61 5
1. Manage a coordinated, centralized homeless housing intake system, which includes prioritizing households for
services and maintain a case managed interest pool.
2. Administer a client housing intake and/or review client housing intake results submitted by partner agencies, using
the standardized housing intake tool, to determine housing and supportive service needs. The Contractor will retain
a copy of all intakes performed or reviewed in accordance with the Records Retention requirement contained in the
Implementation Guide for Whatcom Service Center Contractors and the Department of Commerce Administrative
Requirements for the Consolidated Homeless Grant.
3. Determine and document client eligibility for WHSC rent subsidies and case management services.
4. Administer tenant -based rental assistance including:
a. Authorize and disburse tenant -based rental assistance for clients, as appropriate based on housing risk
assessment results and a determination of need.
b. Work with the Bellingham Housing Authority to access available Shelter Plus Care vouchers.
c. At least 225 targeted prevention population households
d. 150 re -housing population households
e. 28 households will include a household member who is living with mental illness
f. 35 permanent supportive housing population households, five will be subsidized at City Gate and two will
be subsidized at Opportunity House. These outcomes will be achieved by leveraging additional funding
resources (including, but not limited to LIHEAP, HUD SHP, HUD ESG).
g. At least 10 households with young children who are homeless or living in precarious living situations and at
risk of homelessness where at least one head of household is mentally ill will receive long term rental
subsidies up to one year and renewable up to one additional year. These households will be identified by
Whatcom County Health Department Healthy Children and Families Program.
h. Authorize and disperse rental assistance to eligible veterans who are homeless or at -risk of homelessness
following eligibility standards of the Whatcom County Veterans Assistance Fund, set forth in Whatcom
County Codes 2.150 and 2.152, and RCW 73.08.005. Contractor shall determine eligibility based on Items
A and B of WCC 2.150.025 and shall not have utilization of Item C for determining veteran eligibility. At
least 110 veterans or veteran households or those at risk of becoming homeless and 18 homeless veterans
will receive financial and supportive services. These outcomes will be achieved by leveraging additional
funding resources.
5. Make referrals to and/or coordinate housing case management services, to be delivered by partner agencies.
6. Increase the local low-income permanent housing stock by cultivating and maintaining relationships with
participating landlords.
7. Work with partner agencies or independently to identify and secure permanent housing placements for clients.
8. Refer WHSC clients to housing stability training programs offered in the community and/or develop and offer a
Housing Stability training program to clients.
9. Conduct partner agency staff meetings to ensure effective operations of the WHSC system. Train staff and partner
agencies in the use of housing intake tools, confidentiality laws (e.g., chemical dependency, domestic violence),
HMIS and other corresponding programs.
10. Ensure compliance with state and federal confidentiality laws and regulations.
11. Serve as a source of information and referral to clients and partner agencies.
12. Serve as a liaison to community stakeholders regarding homeless housing activities.
13. Manage emergency shelter funds as part of the rental subsidy funds, including the assessment of client needs and
the authorization and disbursement of emergency shelter funds. Emergency shelter funds are to be used only
under the following conditions:
a. Funding and/or capacity for emergency shelter are unavailable from any other source.
b. Emergency shelter is being provided on a short -terra basis and the shelter will serve as a necessary step
before placement into permanent housing.
c. Other housing options (e.g., transitional or permanent housing placement) are unavailable or are not
appropriate at the point in time, given the individual's housing risk assessment and housing plan.
14. Manage community -wide HMIS data quality and reporting by providing training to all users and working with partner
agencies to ensure appropriate data collection protocols are in place. Ensure data collection from partner agencies
HL_020113_Opportunity_Council_WHSC Admin_Amend #8 62 6
is occurring on schedule, and report HMIS data to Commerce on a quarterly basis or as needed, in compliance with
the requirements set forth by Commerce.
15. Collect data in regards to the number of clients who are receiving services, the type of service provided, the amount
of resource expended, clients' housing stability/tenure via surveys, HMIS data analysis, and/or other methods at
one year, two years, and three years' post program exit; and report data as required to Whatcom County and
Commerce.
16. Collect and/or coordinate the reporting of housing case management service data to the Bellingham Housing
Authority, as required by the Shelter Plus Care program.
17. Conduct Housing Quality Standard (HQS) or Housing Safety Standard (HSS) inspections for occupied rental units,
as described in Section IV.
18. Comply with the program requirements contained in the "Whatcom County Homeless Service Center
Implementation Guide" (hereafter referred to as the "Guide"), and incorporated into this contract by reference.
Whenever a revised edition of the Guide is published, the Contractor will be notified via e-mail correspondence that
a new edition is available.
19. Comply with the Implementation Guide for Whatcom County Consolidated Homeless Grant Contractors,
incorporated into this contract by reference and program requirements contained in the "Department of Commerce
Guidelines for Consolidated Homeless Grant" and "Department of Commerce Administrative Requirements for the
Consolidated Homeless Grant" and incorporated into this contract by reference. Changes to the CHG Guidelines
and Administrative Requirements may be made without contract amendment. Whenever a revised edition of the
CHG Guidelines and Administrative Requirements is available County will provide a notice to the Contractor via e-
mail correspondence.
20. Comply with eligibility requirements for serving veteran as set forth in Whatcom County Codes 2.150 and 2.152,
and RCW 73.08.005 and incorporated into this contract by reference. Contractor shall determine eligibility based on
Items A and B of WCC 2.150.025 and shall not have utilization of Item C for determining veteran eligibility.
21. Perform all other activities identified by the administrative entity and Whatcom County as necessary to implement
and manage the housing services project.
B. Administrative Responsibilities
The contractor will:
1. Provide all Human Resource and administrative services to WHSC employees (e.g., payroll, benefits, office
supplies and equipment, space rental, IT technical support, etc.).
2. Perform all disbursement, accounting, financial management, and reporting functions necessary to manage the
funds allocated to WHSC operations.
3. Support WHSC in the management of the HMIS, including maintaining the HMIS system, providing troubleshooting
and technical assistance.
4. Maintain all financial and client eligibility documentation.
5. Provide ongoing documentation of all program expenses and client eligibility determinations, as described in
Section IV.
6. Ensure that the processes and internal controls initially designed in the project are operating as planned and
making policy adjustments, as needed.
7. Send WHSC staff to trainings, conferences, and technical assistance events related to efforts to reduce
homelessness in Whatcom County or in Washington State, including but not limited to Washington State Homeless
Coalition events and Balance of State Homeless Steering Committee meetings.
8. Participate in program evaluation efforts, including attending meetings with program evaluators, as requested.
9. Submit claims to the County for reimbursement for excessive property damage or rent loss resulting from clients
housed through the Shelter Plus Care or Supportive Housing Programs according to the requirements set forth in
Exhibit G.
C. Anticipated Outcomes
HL_020113_Opportunity_Council WHSC Admin_Amend #8 7
63
The County will assess the effectiveness of the housing services project through HMIS data collection and the reports
submitted on a quarterly basis to the Health Department. The following are the anticipated outcomes of this project:
Prevention Population
a. At least 225 at -risk households receive risk assessments, housing plans, and temporary financial
assistance.
b. At least 90% of at -risk renters overcome financial barriers to housing retention, thus remaining housed for
one month.
c. 85% of assisted at -risk households retain their existing housing for at least six months
2. Re -housing Population
a.
At least 150 households receive risk assessments, housing plans, and shallow rent subsidies.
b.
Up to 90% of re -housing population households are placed in permanent housing, up to 10% are placed in
transitional or other types of interim housing.
c.
75% of re -housing clients exiting the project retain permanent housing.
3. Permanent Supportive Housing Population
a.
At least 18 households receive risk assessments, housing plans, deep rent subsidies, and intensive case
management.
b.
Up to 90% of permanent supportive housing households are placed in permanent housing, up to 10% are
place in transitional or other types of interim housing.
c.
85% of permanent supportive housing clients exiting the project retain permanent housing.
3. Veteran Housing
a.
At least 21 at -risk veteran households receive risk assessments, housing plans, and temporary financial
assistance.
b.
At least 90% of at -risk veteran renters overcome financial barriers to housing retention, thus remaining
housed for one month.
c.
85% of assisted at -risk veteran households retain their existing housing for at least six months
d.
Up to 90% of veteran re -housing population households are placed in permanent housing, up to 10% are
placed in transitional or other types of interim housing.
e.
75% of veteran re -housing clients exiting the project retain permanent housing.
4. Housing
Development
a.
Additional landlords are recruited into the WCHSC program.
b.
Landlords reduce tenant criteria.
c.
Additional rental subsidy revenue is incorporated into the WHSC housing service system.
5. Healthy
Children and Families
a.
At least 10 households with head of household living with mental illness receive risk assessments,
housing plans, deep rent subsidies, and intensive case management.
b.
100% households with head of household living with mental illness are placed in permanent housing.
c.
85% of households with head of household living with mental illness who exit the program retain
permanent housing
V.Special Conditions
The Contractor will also comply with all special terms and conditions of Exhibits D through G.
VI.Reporting Requirements
The contractor will submit quarterly reports that detail the number of households served in the categories of
Prevention, Re -Housing, Permanent Supportive Housing, Emergency Shelter and Veterans Housing and Healthy
Children and Families Housing. The reports are due by the 15th of the month following the end of each quarter (April 15,
July 15, October 15, and January 15).
HL_020113_Opportunity_Council WHSC Admin Amend_#8 8
64
Revised EXHIBIT "B" (Amendment #8)
(COMPENSATION)
I.Budget and Funding
The source of funding for this contract, in an amount not to exceed $630,201, is County -held ESSHB 2163 and HB 1359
funds (i.e. document recording fees), Veterans Assistance funds and Consolidated Homeless Grant funds.
The budget for this project is as follows:
January 1, 2013 - December 31, 2013
Line Item
Estimated Unit Cost
Budget
Funding Source
Project Manager (.5 FTE)
$46.17/Hr
2163 & CHG
$ 48,015.00
HMIS Coordinator (.43 FTE)
$29.08/Hr
2163
$ 26,010.00
Rapid Entry Coordinator (1.0 FTE)
$24.84/Hr
2163
$ 51,649.00
Housing Referral Specialist (1.0 FTE)
$21.64/Hr
2163
$ 45,013.00
Rental Assistance and/or Subsidies
2163 & CHG
$ 72,350.00
Rental Assistance and/or Subsidies
NSMHA Grant
$ 160,650.00
individual/families with mental illness
Rental Assistance for Veterans and their families
Veterans Assistance
$ 135,500.00
Training, travel, conference, and/or memberships
2163
$ 3,000.00
Subtotal 1:
$ 542,187.00
Administration 10.7%
2163 & CHG & Veterans
$ 58,014.00
& NSMHA
Subtotal2:
$ 600,201.00
Risk Mitigation Fund
2163
$ 30,000.00
TOTAL
$ 630,201.00
The contractor may transfer funds between budget line items comprising Subtotal 1 in an amount up to 10% of the total
budget. In not instance shall the indirect rate/program administration line item exceed 10.7% of direct costs. No budget
transfers are allowed for the Risk Mitigation Fund line item.
II.lnvoicin
The Contractor shall submit itemized invoices up to two times per month in a format approved by the County. Invoices submitted
for payment must include:
a. Documentation of all reimbursement costs related to training, travel, conferences and memberships (i.e. mileage records
documenting the name of the staff member claiming mileage reimbursement, the date and purpose of the trip, and the
number of miles traveled; receipts for: ground transportation, coach airfare, ferry fees, registration fees, lodging and
meal costs).
b. Reimbursement for staff costs must include a General Ledger detail documenting personnel costs charged to
the contract.
c. Requests for reimbursement of rental assistance expenditures must include a list of unique identifier numbers
for recipients of rental assistance, the landlord to whom the rental assistance payment was made, the amount
of assistance in each instance, and documentation of payment. Reimbursement requests for emergency
HL_020113_Opportunit"ouncil_WHSC Admin_Amend_#8 65 9
shelter expenditures must include a unique client identification number, the name of the emergency shelter
provider, the cost being claimed for reimbursement with an accompanying receipt, the dates during which the
emergency shelter was provided, and the reason for the emergency shelter stay.
d. Claims for reimbursement from the Risk Mitigation Fund must follow the guidelines established in Exhibit G.
2. The Contractor shall submit invoices to (include contractIPO #):
Attention: Business Office
Whatcom County Health Department
509 Girard Street
Bellingham, WA 98225
3. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing
information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than
30 days after the expiration of this contract.
4. Invoices must include the following statement, with an authorized signature and date:
I certify that the materials have been furnished, the services rendered, or the labor performed as described on
this invoice.
5. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided
under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source,
including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any
audit exceptions or disallowed amounts paid as a result of this contract.
HL_020113_Opportunity_Council_WHSC Admin_Amend_#8 66 10
EXHIBIT "G"
(RISK MITIGATION FUND)
I.Background
The Opportunity Council administers the Whatcom Homeless Service Center (WHSC) which works to reduce
or prevent homelessness in Whatcom County. The WHSC is a sponsor of the federally funded Shelter Plus
Care and Supportive Housing Programs which provide housing subsidies and support services to homeless
clients suffering from mental illness. Many of these clients are housed in properties where the Opportunity
Council holds a master lease and is responsible for the cost of excessive property damage or rent. The Risk
Mitigation Fund (RMF) is intended to provide reimbursement to the Opportunity Council for exeptional damage
caused by clients with mental illness. Without the support of the RMF, less housing would be available to
clients with severe mental illness. The Risk Mitigation Fund may also be utilized when repeated violations of
the lease or state law require a legal proceeding and eviction. The Whatcom County Health Department will
review and pay claims for RMF reimbursement according to funds availability and the following program
requirements.
II.Allowable Costs
1. Damage to property is in excess of normal wear and tear that exceeds the security deposit and no
other funding is available.
2. One month of non-payment of rent if tenant does not pay rent due or if the unit cannot be rented
while repairs are completed.
3. Costs associated with legal fees and court fees resulting from eviction activities.
4. Costs associated with 1, 2 and 3 above shall not exceed $3,000 per tenant and are limited to tenants
housed through the Shelter Plus Care and Supportive Housing Programs where the Opportunity
Council is the property owner or holds a master lease on the unit.
III.Program Requirements
Before submitting a claim, contractor will verify that the following requirements have been met:
1. The tenant is a Shelter Plus Care or a Supportive Housing Program participant receiving rent
subsidy and/or deposit assistance; and
2. The tenant is receiving housing case management support From a WHSC partner case management
agency or from an approved mental health provider; and
3. The RMF claim was made any time after the initial move -in date up to 30 days from when the tenant
moves out or is no longer in the Shelter Plus Care or Chronically Homeless program. Claims will be
accepted for damage/loss incurred in 2012 and 2013. The 30-day from move -out requirement is
waived for 2012 claims.
4. A WHSC representative or a housing case manager has co -signed or initialed the move -in condition
report with the landlord; and
5. Contractor's property management division has promptly communicated orally and/or in writing with
WHSC case management when problems arise; and
6. Client file should contain evidence of:
a. written notice to tenant
b. any tenant contact with law enforcement authorities
c. late rent, and
d. any other action that may affect the continuation of tenant's tenancy.
7. If a person is added to the lease without notifying the WHSC case manager during the LRMF
coverage period, damages will not be covered. Client file will contain names of any persons added to
the lease or otherwise authorized to occupy the unit; and
8. If any repair/replace work is to be performed over $2,000 three quotes will be obtained and the
lowest bidder will be selected to perform the work
HL_020113_Opportunity_Council WHSC Admin_Amend_#8 67 11
IV.Claim Requirements
The Opportunity Council will submit claims to the Whatcom County Health Department. Each claim for
payment from the RMF will include:
1. WHSC Damage/Loss Claim Form (Attachment 1) — completed, signed and dated by Claim preparer
2. Risk Mitigation Claim Checklist (Attachment 2) — completed, signed and dated by Claim preparer
3. Property Inspection Sheet documenting move -in and move -out conditions signed and dated by
landlord and tenant (if tenant is available at move -out)
4. Clear documentation that damages exceed normal cleaning and wear and tear
5. Receipts for all damage repair/replacement work and legal/court fees to be included in claim
6. Invoices for legal fees
7. 3 Quotes for repair/replacement work valued at over $2,000
8. Shelter Plus Care or Supportive Housing Program Damage & Expense Claim paperwork
9. Send claims to: Business Office, Whatcom County Health Department, 509 Girard St., Bellingham,
WA 98225
HL_020113—Opportunity_Council WHSC Admin Amend_#8 68 12
Attachment 1
WHSC Damage Loss Claim Form
Client Name
Property Address
Property Owner OC Master Lease Y N
Program
Was client receiving case management?
Frequency of home visits
Case management agency
Reason for client departure (asked to leave, illness, jail, etc)
Vacancy Loss Claim:
Proper notice given to vacate: Yes/No Date:
Last day occupied:
Date the unit was re -rented:
Lease Expiration date:
Total Vacancy Loss (1 mo. Rent maximum): A. $
Damage Costs:
Cleaning $
Hauling $
Painting $
Repairs/Replacements $
Carpet Cleaning $
Other $
Total Damage Costs: B.$
Legal Expenses:
Court costs / Legal fees C.$
Total (Vacancy Loss + Damage Costs + Legal Costs): D.$
Amount covered by S+C or SHP E.$
(Security deposit or amount approved)
Total Damage/Loss Claim D-E $
(See attached invoices)
I certify that all information above is correct and all available funding sources have been accessed to cover the above
costs.
Signature,
Date
HL_020113_Opportunity_Council WHSC Admin Amend_#8 69 13
Attachment 2
Risk Mitigation Damage Claim Checklist
Risk Mitigation Damage Claim Sheet (included)
Receipts for repairs, cleaning, painting, etc. (included)
Move-in/Move-out inspection (included)
HQS inspection (included)
Documentation to support legal proceedings for eviction (included)
Proof of Vacancy Loss (included if VL was requested)
Contract of participation with case management (in file)
Stability or Service plan outlining tenant goals (in file)
Payment plan between WHSC and client/tenant (in file)
Lease between Landlord and WHSC (in file)
All documentation between landlord and WHSC (in file)
Documentation between WHSC property management and WHSC case management in the file
Lease between WHSC and Client/tenant (in file)
Documentation between WHSC and Client/tenant (in file)
All Shelter Plus Care paperwork (in file)
WHSC Signature Date,
HL_020113_Opportunity_Council WHSC_Admin_Amend_#8 70 14
WHATCOM COUNTY COUNCIL AGENDA BILL A» 201-3 _097
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:Janell
%' i3
0212612013
Finance/Council
Wilson, Revenue
-
Deputy
j� � %%
t—' 1�, ED
Division Head. -Mark
Bauthues, Deputy
\ • .,
t}'�"/ /' '
V
Treasurer
19 2013Sfeven
Dept. Head. -Steven N.
(� _
2�'Z
Oliver, Treasurer
WHATCOM COUNTY
COUNCIL
Prosecutor:
��
7, (3
%
1
Purchasing/Budget:
Executive:
13
TITLE OF DOCUMENT:
Resolution cancelling uncollectible personal property taxes
ATTACHMENTS: Cover letter
Resolution
Resolution with ExhibitA
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
The County Treasurer is required by law (RCW 84.56.240) to present a list
of uncollectible personal property to the Council for cancellation.
COMMITTEE ACTION
COUNCIL A CTION:
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.uslcoiencil. 71
WHATCOM COUNTY
TREASURER'S OFFICE
COUNTY COURTHOUSE
P.O. Box 5268
Bellingham, WA 98227-5268
treasurer@co.whatcom.wa.us
MEMORANDUM
STEVEN N. OLIVER
TREASURER
MARK T. BAUTHUES
CHIEF DEPUTY
FEB 0 7 2013
JACK LOUWS
COUNTY EXECUTIVE
TO: Jack Louws, Whatcom County Executive
FROM: Steven N. Oliver, Treasurer `
DATE: February 07, 2013
RE: Resolution cancellation
We are presenting this resolution, consistent with RCW 84.56.240 and RCW
59.20.030, for cancellation of personal property taxes which are considered to be
uncollectible, for delivery to the Whatcom County Council for consideration at its
meeting on February 26, 2013. Council's action is required to formally cancel the
uncollectible personal property tax.
We certify that we have made diligent search and inquiry for goods and chattels
to collect such tax and were unable to collect the same.
Phone: (360) 676-6774 County: (360) 398-1310 TTY: (360) 738-4555 FAX: (360) A8-2477
SPONSORED BY: Consent
PROPOSED BY: Treasurer
INTRODUCTION DATE: 02/26/2013
RESOLUTION NO.
CANCELLING UNCOLLECTIBLE PERSONAL PROPERTY TAXES
WHEREAS, RCW 84.56.240 requires that the treasurer shall file with the county
legislative authority (county council) a list of uncollectible personal property taxes; and
WHEREAS, Council action is required to formally cancel the uncollectible personal
property tax;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
uncollectible personal property tax, attached hereto as Exhibit A, is hereby cancelled.
APPROVED this 26`" day of February , 2013
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair
APPROVED AS TO FORM:
os. ty. "
73
Exhibit A
Equipment and Machinery
(Business)
PROPERTY ID NAME AND ADDRESS
REASON
YR AMOUNT TOTAL
12845 BACHTAL BUILDING SERVICES
DELETED PROPERTY
2011 $ 157.88
RICKY L & MARJORIE M BACHTAL
GONE
1581 D STREET
MOVED OUT OF STATE
BLAINE, WA 98230
$ 157.88
10017 CENTURY MORTGAGE GROUP LLC
DELETED PROPERTY
2009 $ 77.75
JAIVIES S CARPENTER iii
GONE
5370 BARRETT RD
CANNOT LOCATE
FERNDALE, WA 98248
RTN MAIL
12908 EDGE MOBILE LLC
WAYNE PERRY
1398 MARIETTA AVE
BELLINGHAM, WA 98225
12907 EDGE MOBILE LLC
WAYNE PERRY
6459 OLSON RD
FERNDALE, WA 98248
3873 MAJESTIC MOTORS
AMANDA BURSON/H MAURICE PASCHEL
1221 FRASER ST #E-2
BELLINGHAM,WA 98226
11825 MOSHI MOSHI SUSHI
AMY HONG J00 LEE
1155 E SUNSET DR #113
BELLINGHAM, WA 98225
DELETED PROPERTY
GONE
RTN MAIL
DELETED PROPERTY
GONE
RTN MAIL
DELETED PROPERTY
GONE
RTN MAIL
DELETED PROPERTY
OUT OF BUSINESS
SITE EMPTY
RTN MAIL
12525 PREMIER ELECTRICAL SERVICES OUT OF BUSINESS
ROD YANNEY ASSETS GONE
3140TANGLEWOOD LN BANK SEIZED
BELLINGHAM, WA 98229
2009 $ 600.33
2009 $ 588.57
2011 $ 68.07
2012 $ 444.20
2010 $ 213.72
2011 $ 192.72
$ 77.75
$ 600.33
$ 588.57
$ 68.07
$ 444.20
$ 406.44
Page 1 of 2 74
Exhibit A
Equipment and Machinery
(Business)
5870 SPECTRUM ASCONA INC
BRUCE W & CHRISTINE V MAYNARD
1305 FRASER ST #D-2
BELLINGHAM,WA 98226
11891 STYLE CONSTRUCTION INC
DAVINDER SAHOTA
RANJIT S SANGHERA
2602 LOCHCARRON DR
FERNDALE, WA 98248
OUT OF BUSINESS
RTN MAIL
CANNOT LOCATE
GONE
CANNOT LOCATE
DELETED ACCT
2011 $ 9.56
2010 $ 9.85
$ 9.56
$ 9.85
6680 ` BANDITOS BURRITOS GONE 2012 $ 44.67
KRISTI M CHRISTIANSON CANNOT LOCATE
120 W HOLLY ST DELETED ACCT
BELLINGHAM, WA 98225-4344
$ 44.67
2012 Total Write-off Businesses $ 2,407.32
Page 2 of 2 75
Exhibit B
Mobile Homes
PARCEL NAME and ADDRESS
118596 LIDIA GUZMAN
EUGENE MCDONALD
3116 CREASY RD
CUSTER, WA 98240-9531
REASON
YR AMOUNT TOTAL
DELETED 2007 77.66
WRONG MOBILE ASSESSED
1969 FRONTIER
119552 LEO DUMAS DELETED
8080 HARBORVIEW RD #M100 MOBILE HOME GONE
BLAINE, WA 98223 1960ANGELUS
2010 20.33
2011 16.77
124155 BRIAN LEWIS/LARRY WASISCO DELETED 2009 342.75
1861 H STREET RD DESTROYED PROPERTY 2010 347.65
BLAINE, WA 98230 1985 ESQUIRE 2011 348.97
2012 336.45
128094 E SCOTT & B WENDY WILDING DELETED 2009 142.88
866 OXFORD HILL LN GONE
EVERSON, WA 98247 OFFICE MOVEMENT ERROR
141300 PATRICIA L KIEFER
8665 GOLDEN VALLEY DR
MAPLE FALLS, WA
90232 KURT SEILER
2411 GRANDVIEW RD #6
FERNDALE, WA 98248
$77.66
$37.10
$1,375.82
$142.88
DELETED
2008
15.45
ASSESSOR: NO VALUE
2009
15.48
1974 PEERLESS
2010
15.47
2011
14.96
2012
14.54
$75.90
2007
50.90
ASSESSOR: NO VALUE
2008
49.87
1972 OLYMPIAN
2009
47.11
2010
47.27
2011
48.80
$243.95
Page 1 of 2
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Exhibit B
Mobile Homes
84286
JOEOSBORN
4201 CARON RD
DEMING, WA 98244
DELETED
DECEASED/ NO VALUE
1960 SPACEMASTER
2005
14.06
2006
13.41
2007
12.37
2008
10.08
2012 Total Write-off Mobile Homes
$49.92
$2,003.23
Page 2 of 2
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. A 2012-408A
CLEARANCES
Initial
Date
Date Received in Council O ffice
Agenda Date
Assigned to:
Originator:
BB
11,2212013
211212013
Public Works, Health,
and Safety
Division Head:
Dept. Head:
/,� 13
Prosecutor-
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT.•
Update on the Starling Control Program
ATTACHMENTS.
SEPA review required? () Yes ( ) NO
SEPA review completed? () Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
COMMITTEE ACTION. •
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatcom.wa.us/council.
b
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 — 99
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Brenner
2/19/2013
2/26/2013
P&D Committee
Division Head:
De t. Head:
OC+'
Prosecutor:
Purchasin /Bard et:
Executive:
TITLE OF DOCUMENT.-
Discussion with Assessor regarding open space classificaitons and criteria
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.)
At the Council's request, Whatcom County Assessor Keith Willnauer will discuss open space classifications and criteria.
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at. www.co.whatcom.wa.uslcouncil.
79
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2013-018
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Paula Cooper
j� D
L" L��
2-26-13
Executive
Session, Council
Division Head:
,�11
Chris Brueske
/,3
FES 19 2013
Dept. Head:
Frank Abart
l.3
WhWATCOM COUNTY
COUNCIL
Prosecutor:
Dan Gibson
Purchasin /Bud et:
Executive:
/
TITLE OF DOCUMENT.
Discussion regarding potential property acquisition for the Flood Control Zone District
ATTACHMENTS.
None
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.)
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whatcom.wauslcouncil.
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County Council.
WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
January 15, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 9:30 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9:33:49 AM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Carl
Weimer and Pete Kremen.
Absent: Ken Mann.
COMMITTEE DISCUSSION
1. DISCUSSION OF POTENTIAL RECREATIONAL USE ON THE LAKE WHATCOM
TRUST LANDS PROPOSED FOR RECONVEYANCE (AB2012-066E)
Jack Louws, County Executive, referenced and read from his memo in the Council
packet beginning on Council packet page eight. From the last discussion, he has a sense
there is a different vision of what this reconveyance would be. Consider what this will be if
the reconveyance passes. He hopes to make a decision in a few months with a clear vision
of what they hope to achieve. Today, discuss recreational opportunities. Certain
recreational opportunities that happen now will be restricted if the reconveyance passes.
Mike McFarland, Parks and Recreation Department Director, submitted handouts (on
file) and gave a presentation (on file). The level of service in the Comprehensive Plan was
reduced in the past few years. The reconveyance area can easily accommodate 55 miles of
trails with all the connectivity. He described the regional context of the park, including how
it connects to existing lands owned by the County, trails, and other recreational uses. They
don't have a plan for the property yet because they don't own the property. There are a
number of limitations preventing them from moving forward. The Department of Natural
Resources (DNR) has a good database on features of the property, such as roads, critical
habitats, and other things. User groups that have recreated on the land also have
information. The County has properties embedded in these blocks of land, and is familiar
with land in this area. He described the existing and planned or potential future recreational
use in the areas surrounding the reconveyed land. It is possible to reconvey property and
still have the DNR manage the forestry in the area. In terms of planning and implementing
a plan, it's easier to reconvey the property and then turn around and ask the State to
manage the forestland than it is to work on an easement. The DNR mission is to manage
trust lands and maximize revenue of the timber industry. It's not the DNR mission to
provide recreational trail links. He showed the view areas from the reconveyance area and
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herein is subject to change upon further review and approval by the Whatcom
County Council.
the recreational uses. A challenge with freestyle mountain biking includes risk assessment
and management. The trails developed won't all be ten or 12 feet wide. In Whatcom
County, the user groups work together and network, which will make this successful. The
trails must be sustainable and accommodate the various uses. The County will apply the
standards that best fits the situation, depending on a number of factors, such as soil
condition and water features. They don't need to invent standards. They don't advocate or
oppose hunting on the property. It's up to the Council to decide if hunting won't be allowed.
The Parks Department can manage hunting activities. There isn't a conflict with hunting in
this area. The Council will also have to decide on rules about dogs. Those items aren't
critical in putting together a park plan. Hunting is closed under Bonneville Power
Administration (BPA) power lines. Small game hunting is allowed at Hovander Park, other
than one no shooting area. It's an existing example that works.
A question was asked about whether the State can do recreational management.
The DNR isn't proactive at providing recreation. They only react to activities that are
incompatible. Their primary interest is in maximizing the trust. That is the difference
between DNR and County Parks. Their focuses are different. It would be difficult for the
State to manage recreation because it would have to reimburse the trust. Also, the State
recognizes that the County has a shortage of trail -based recreation. He asked the State
how the reconveyance lands would be part of State development plan in terms of motorized
recreation. The State DNR does not want recreational motorized use inside the area of the
landscape plan.
Brenner stated DNR recreation easements are different. If they did recreational
easements, and the County is willing to pay, there will be much better access. The DNR will
have eyes on the land. The DNR policy on recreational easements is different from the
general policy. She asked the minimum trail width for horseback riding. McFarland stated
it is about four feet wide. The minimum for mountain biking, trail running, and hiking, is
about two feet wide. It depends on the conditions, such as turns and slopes.
Brenner asked for information on the minimum standards for trail uses. McFarland
stated he will provide the information he has. It's not simple. Regarding DNR recreational
easements, the County has been waiting six years. The County took four years on an
easement that ended up being a licensing agreement. It's very difficult to work with the
DNR in getting easements.
Brenner stated the County has the landscape plan, which the State adopted. It
doesn't have the right to hold it up. The other counties don't have that.
Knutzen asked if the County owns the Stimson family property. McFarland stated it
doesn't. The County has an easement over the entire property and manages it. The Land
Trust owns it. A big part of it is the DNR Lake Louise Natural Resource Conservation Area,
which the County also oversees. The County and City own a portion of Stimson jointly,
there is the DNR conservation area, and the remainder is owned by the Land Trust. The
$500,000 purchase was for public access easement over the entire property.
Knutzen asked what properties are owned by the Land Trust. Lookout
Mountain/Olsen and South Fork Park.
Special Committee of the Whole - 9:30 a.m., 1/15/2013, Page 2
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Knutzen asked the average cost for trails through DNR land. He asked if DNR wants
a recreation plan in Whatcom County. McFarland stated the Stimson trails overlay City,
County, state, and Land Trust property. WWU also donated a small amount.
Crawford asked who pays for road maintenance to roads to cell towers. McFarland
stated a portion of the fees paid goes toward maintenance. Also, private owners are also
responsible for maintenance and upkeep. There are responsibilities for maintaining roads
for the BPA easements. It depends on who the provider is. The State uses a formula for
the cell towers. A portion of that is the lease, and another portion is for the road
maintenance.
(10: 37: 33 AM)
Crawford asked if there is an historical record of the costs of those roads. McFarland
stated there is.
Crawford asked if the Pacific Northwest Trail already goes through the area above
Glenhaven. McFarland stated it does. It would be an amenity if the trail links to the city.
Crawford asked why DNR would be willing to manage areas reconveyed. He asked if
they could give the reconveyance money to DNR for trail development. McFarland stated
the RCW says the County can request the state to manage the timber resources.
Crawford asked why would DNR be interested in managing the resource. McFarland
stated it's an RCW, and it's what Olympia is saying. DNR would get their 22 percent, just
like they do now. It will be the County that says how the land is done. He will find out if
that's done in other areas.
Crawford asked if the mile of Ken Hertz trail is already used as trail. McFarland
stated it is on State property. The County owns a narrow corridor.
Crawford asked how often they clean the facilities at the Ken Hertz trail and how
much it costs. McFarland stated the facility is a problem because it is too small.
Crawford stated he approves of the following uses: hiking, horseback riding, cross
country mountain bike riding, dogs allowed, camping, and hunting. Possibly allow vehicle
use for people to get out and look at the views. Provide auto access to some views. He
asked where people with disabilities who don't hike can take advantage of the
reconveyance. McFarland stated nothing limits the County from providing access other than
permitting and costs.
Crawford asked if it's unlikely the County would open areas to someone driving to a
high view point. McFarland stated nothing prohibits that use. If the Council wants to
provide a motorized viewpoint, they could plan for it. The North Lake Whatcom trailhead is
waterfront and accessible.
Crawford stated he would like to provide that access if possible. McFarland stated it
would probably be a seasonal road.
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner stated providing access is about the cost. She disagrees about allowing
hunting. People calling now are concerned about hearing shooting. It's not compatible with
education purposes. Show what areas have had no problems with hunting practices.
Kershner asked the permitting process once the property is reconveyed to Whatcom
county, and they start working on these trails and plan components. Make sure all the uses
actually do get to happen if Whatcom County recoveys the property. She's concerned that
a group who opposes a trail will engage the County in a never-ending battle between groups
who want this and groups who don't. McFarland stated the overall trail plan has been in
the works since 1973. The permitting process is the same as anywhere else. Avoid critical
areas where possible, or mitigate. They must avoid critical slopes and landslides. They
need fill and grade permit, SEPA process, critical habitats they must avoid, an hydraulic
project approval (HPA) for stream corridors and crossings. Get consensus on a general trail
plan for the public. One section would be shared use and other sections would be single -
use tracks. It's doable. The Chuckanut system is a good example of multiple uses and
users. It is a success story that benefitted from having a good trail plan.
Kershner stated the Chuckanut system is not in the Lake Whatcom watershed.
McFarland stated it isn't. That's a good point. There are trails now in the watershed. It
takes a high level of management to deal with the high use. Areas farther from the lake
don't require as much management.
Kershner stated the City of Bellingham asked for open space taxation on property it
bought but didn't use. The property became unusable for citizens because of a rare bird.
She asked for a sense of how difficult it will be to develop a basic trail. This is a big
development in the watershed. McFarland stated there will be more than 20 miles of roads
constructed. That's a huge impact. A two foot wide trail will have less of an impact as the
roads. Other roads and structures need to be retired. That is part of the overall
stewardship plan. Have a system that avoids critical areas. Trails are a lower impact than
road building and current logging.
Crawford asked if certain state or other regulation will shut down the development, if
it's the will of the Council to have a trail system. McFarland stated State and federal
regulations permit trails in these areas. There is no blanket policy that prohibits trails
unless the County agrees with the City to not build any trails.
(10:58:54 AM)
Kershner stated DOE requires no increased phosphorus into the lake. All of this
would be built with the understanding that nothing would get into the lake. McFarland
stated that is correct. They are dealing with that on Lake Louise. The parking design is to
treat runoff before it gets to the lake. They can disburse runoff as they construct the trails.
There are environmentally sound ways of developing trails. Direct the drainage to preserve
the trail and also to filter the runoff.
Kershner stated she's also interested in getting more detail and factual data about
having DNR manage the forests after the property is reconveyed.
Weimer stated he thanks Mr. McFarland for the presentation. It reiterated
everything he's heard the last six years. He agrees that all the activities described are
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compatible for the area, including hunting. Management of the area is key. There is a
difference between recreational shooting and hunting. There are ways to manage the area
to allow hunting. Move forward with all the different uses, as long as they don't impact the
water quality of the lake.
Brenner stated there is a difference between hunting and discharge of firearms.
There are things people can hunt. She's getting calls and emails about people shooting, and
it's scaring people. If these activities exist, then hunting isn't compatible.
Knutzen asked if they are going to put horses within 100 feet of Lake Whatcom, in
light of efforts from DOE and EPA to control livestock in the watershed. McFarland stated
horses are restricted to farther back from the watershed. They already are in the
watershed. It's not a new activity.
Kershner stated she thanks staff for their presentation. This work session is
designed for the Council to get answers from staff. They will have time for public input later
in the process.
Louws stated he plans to spend the first part of the next meeting wrapping up the
discussion on recreational uses.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:05 a.m.
The Council approved these minutes on , 2013.
ATTEST:
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
Special Committee of the Whole - 9:30 a.m., 1/15/2013, Page 5
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
January 15, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7: 02:59 PM)
Present: Barbara Brenner, Sam Crawford, Bill Knutzen, Kathy Kershner, Carl
Weimer and Pete Kremen.
Absent: Ken Mann.
FLAG SALUTE
ANNOUNCEMENTS
Kershner invited Sheriff Elfo to speak in the memory of City of Everson Police Chief
Erik Ramstead, who passed away this morning.
Bill Elfo, Sheriff, stated Chief Ramstead passed away this morning. He'd been ill for
some time. He fought his illness courageously and faced death with courage and confidence
in his faith. He described Chief Ramstead's policy background. He's one of the longest
serving police chiefs in Washington, if not the United States, and was chief for over 20
years. He was also an outstanding leader, public servant, and compassionate individual in
his community. Chief Ramstead made sure people had the help they needed. He worked
with kids and coached their sports. He will be missed.
Kershner reported on the items discussed during the Special Committee of the Whole
and the Committee of Whole meetings.
MINUTES CONSENT
(7: 07:15 PM)
Brenner moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Whatcom County Council, 1/15/2013, Page 1
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1. COMMITTEE OF THE WHOLE FOR NOVEMBER 20, 2012
2. REGULAR COUNTY COUNCIL FOR NOVEMBER 20, 2012
3. COMMITTEE OF THE WHOLE FOR DECEMBER 4, 2012
4. REGULAR COUNTY COUNCIL FOR DECEMBER 4, 2012
S. SPECIAL COMMITTEE OF THE WHOLE FOR DECEMBER 18, 2012
PUBLIC HEARINGS
1. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(AB2012-040C) (7:08:04 PM)
Kershner opened the public hearing, and the following people spoke:
Marian Beddill stated she supports the moratorium. Her comments are to apply to
both hearings. There are problems from current development, and potential problems from
new development, which can be avoided by not developing. Homes built, and the activities
around homes, create pollution that lands in Lake Whatcom watershed. They don't want a
polluted watershed. She understands the property rights view, but western water law says
that property owners upland can't do anything that has effects to a property owner down
below. It protects the fundamental resource of water. She is in favor of both proposals.
Continue the moratorium. Do not permit new subdivisions in the watershed. Do not
approve development permits in the watershed.
Dan McShane stated they are close to not having a moratorium anymore. Almost
everything they need to accomplish has been accomplished. Finish stormwater regulations
consistent with the Department of Ecology (DOE). Add something to make sure that vested
permits follow the same rules regarding impacts to the watershed. Minor changes are
necessary to comply with the recent Growth Management Act (GMA) ruling. His comments
apply to the second hearing. Clustering is probably appropriate in the watershed, but not
without stormwater regulations on the cluster. Clustering would offer better protection, and
would recognize property rights. First adopt the regulations from DOE.
Les Bierkstam stated he should not have to continue to pay taxes on his Sudden
Valley lot.
Larry Helm stated the Lake Whatcom watershed boundary is two and a half miles
from Lake Whatcom. The rules should apply to those who live on the shoreline. No stream
or creek from his area to the lake. It's only percolation through the valley. Plan in
concentric circles of one -quarter or one-half mile. The same rules should not apply to
people who live two and a half miles away. There are still a lot of farms in Squalicum
Valley. Clustering is the harbinger of urban growth. A farm doesn't last long when a cluster
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is located next to the farm. People who buy those smaller lots are urban and complain
about farm activities.
Patrick Alesse stated they need to take care of the environment.
Hearing no one else, Kershner closed the public hearing.
2. ORDINANCE IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF
NEW APPLICATIONS FOR DIVISIONS OF LAND RESULTING IN LOTS
SMALLER THAN FIVE ACRES WITHIN THE LAKE WHATCOM WATERSHED
(CLUSTERING VERSION) (AB2012-040B) (7:18:10 PM)
(Clerk's Note: See the public hearing item one for testimony on this item.)
Kershner opened the public hearing, and the following people spoke:
Shane Roth stated the Council hasn't taken any lasting action to protect the
watershed. If councilmembers choose to run for reelection and vote for more development
in Lake Whatcom, someone will attend every public forum to ask why they voted to allow
more development in the watershed. They've done almost nothing to protect Lake
Whatcom since 2009.
Dan McShane stated the decision talked about clustering. It will be challenging in
terms of where clustering is appropriate or not. The language cited Lake Whatcom as a
good place for clustering. He recognizes the Council's hard work on protecting the Lake
Whatcom watershed. It doesn't open the door to a lot more development because a lot of
zoning changes have been made to reduce the amount of potential development in the
watershed. Wait for the stormwater regulations before authorizing the creation of smaller
lots in areas that are zoned one house per five acres.
Marian Beddill stated she sees little advantage to allowing clustering other than
running fewer utility lines to serve all the houses. However, the number of houses is the
same. Continue the moratorium.
Patrick Alesse stated they can barely service a one -acre lot with a sewer. They may
be able to figure out stormwater drainage. They cut down a bit on roads. But it's still a
form of "dummy darts."
Mitch Friedman stated clustering will concentrate impacts and leave more open
space. There are fewer roads and impermeable surfaces. He's not for or against clustering,
but it's worth a hard look.
Steve Hood, Department of Ecology, stated he supports the moratorium. He doesn't
quite support the clustering ordinance yet. Clustering creates opportunities to do some
good. It doesn't ensure people will make good decisions. If the development regulations
required no increase in phosphorous, he would be glad to allow clustering and end the
moratorium. Regarding water resources, a cluster would be one project on one acre. All
those homes would be considered one project. His department has faith in the County's
staff to look at water availability realistically. It doesn't create any conflict.
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Jason Reimer stated get rid of the moratorium. Allow clusters or five -acre tracts.
The more freedom they allow, the more they will like the results. A federal court in Virginia
ruled that stormwater is not a pollutant. The phosphorus in the lake occurs naturally. Allow
people to do something. They need the economy to grow with more development.
Clustering is a nice option when developing.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to adopt the ordinance allowing clustering (AB2012-040B). A
concern someone expressed was that this would create new lots that could be exempted
from the new regulations the Council is considering. However, the maximum lot size they're
talking about exempting is between 10,000 and 15,000 square feet. Under this clustering
provision, the minimum lot size created is one acre. He won't consider exempting a lot of
one acre. Landowners of lots that size can effectively create a dispersion or infiltration
model that works. This ordinance will not result in any lots that could be exempt from any
new stormwater regulations. The Sudden Valley lots don't have space for a cost-effective
stormwater management system. The Council has decided on the solution for that
question.
Brenner asked about phosphorus impacts due to development. She asked if the
Council can adopt this without it having any impact.
Mark Personius, Planning and Development Services Department, stated landowners
can do either infiltration or full dispersion onsite, or both, which will result in treatment to a
level of being phosphorus neutral. Therefore, he doesn't see any negative impact in terms
of phosphorus or stormwater.
Brenner asked if the cluster version would only allow onsite treatment. Personious
stated that's correct.
Crawford read from the ordinance and stated the clustering provision does not allow
the creation of lots smaller than one acre.
Brenner stated the language says "can" and "should," which looks like there is room
for exceptions.
Crawford stated that wording is in the whereas statements, not the enforcement
language of the ordinance. It's all somewhat speculative since the Council hasn't passed
those standards yet.
Kremen stated the language in the whereas statement isn't a legislative mandate.
It's nonbinding.
Weimer stated they have not yet adopted development regulations for lots this size.
The recommendation from the Planning Commission allows 25 percent more phosphorus off
this size lot than off a naturally forested condition. Nothing is in the development
regulations that requires clustering on property where a stormwater system of this type
might work the best. Finalize the development regulations first, because they don't know
whether they will allow more phosphorus to come off these lots than what the Department
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herein is subject to change upon further review and approval by the Whatcom
County Council.
of Ecology has asked for or whether people will develop these lots on the property where
the infiltration will best occur. He is opposed at this point.
Knutzen stated he also has concerns that this may be too soon. He asked if there is
potential for anything to happen, given the order of invalidity. Personious stated the
invalidity doesn't have any effect on the watershed.
Kremen stated they did not find it to be invalid at this point.
Personius stated the idea is that they will adopt the stormwater regulations so they
don't need the moratorium anymore. That gets very specific about phosphorus removal,
which is over and above what the stormwater manual requires. The manual will require
onsite infiltration or dispersion if possible. If it isn't possible, an engineered solution is
required. Properties that are one -acre or larger will not have a problem meeting the
dispersion requirements of the manual. There aren't any great concerns if the landowner
can handle all the stormwater infiltration onsite.
Weimer asked if they would be required to meet the standard of no net phosphorus.
Personious stated they would not, technically. The understanding is that onsite dispersion
or infiltration will prevent all the phosphorous from getting off the site.
Weimer asked if geology exists where a cluster could be located in an area that
couldn't handle all the stormwater, so they would add more phosphorous. Personious
stated they would have to look at that carefully during the cluster site planning review.
Brenner asked if a cluster would not be allowed because the standards aren't in
place. Personious stated the cluster would be built under the current manual, which
requires onsite infiltration. Everyone, even the exempt lot owners, still have to meet
stormwater requirements. They just might not be able to get to 100 percent phosphorous
removal.
Brenner asked if allowing clustering now would not create phosphorous problems
before getting to the standards. Personious stated he believes it would not create
problems, because clustering applies to parcels that are one acre or larger, which will have
plenty of room for onsite treatment.
Kershner asked if this ordinance would increase development, or minimize impact to
large parcels of land. She asked if the one -acre lot is adequate for filtering stormwater and
phosphorous. Personious stated that's correct.
Weimer moved to amend the next to last paragraph of the ordinance, "BE IT
FURTHER ORDAINED that divisions and boundary line adjustments utilizing clustering
which result in lots less than five (5) acres with no overall lot density increase shall be
exempt from this division moratorium. So long as all such development on lots created
through such divisions and lot line adjustments provide a stormwater plan, to be approved
by County Planning and Development Services Department (PDS), that shows such
development will provide no increase in runoff of phosphorus beyond what would be
expected from a naturally forested condition. This exemption shall apply to the R5A and
RR-5A zones only in areas without public water availability."
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Kremen stated the amendment is consistent with the intent of what Councilmember
Crawford and all the councilmembers are trying to achieve.
The motion to amend carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
3. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION TO THE CITY
OF NOOKSACK — REQ. #TR2012-01 (AB2012-413A) (7:56:22 PM)
Kershner opened the public hearing, and the following person spoke:
Rollin Harper, City of Nooksack, submitted a handout (on file) and stated the City will
hold the property for possible future public uses, such as stormwater utilities. The standard
price includes back taxes, penalties, and foreclosure costs, which are soft costs. The County
didn't actually pay those costs. The County did pay its hard costs, such as for the
foreclosure process and public notices. Set the bid for the property at $500, which would
cover the County's hard costs. The City of Nooksack will not pay more than $500.
Hearing no one else, Kershner closed the public hearing.
Brenner moved to approve the resolution at the price mentioned. She asked if the
County can legally change the price.
Karen Frakes, Prosecutor's Office, stated she has concerns, and would like an
opportunity to make sure the County can legally do this. She recommends the Council
delay this item.
Brenner withdrew her motion.
Kremen stated he also has concerns about whether it would be considered a gift of
public funds. It is prudent to delay to allow review by legal counsel.
Brenner moved to postpone consideration until next meeting on January 29.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
OPEN SESSION
(8: 03: 21 PM)
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County Council.
The following people spoke:
• Delaine Clizbe spoke about the flood levy, conservation futures fund, and
reconveyance.
• Jerry Vekved, spoke about the District 3 position on the Planning Commission.
• Daniel Probst spoke about the reconveyance.
• Eric Brown spoke about the reconveyance.
• Mitch Friedman, Conservation Northwest Executive Director, spoke about the
reconveyance.
• Ben Elenbaas spoke about the District 2 position on the Planning Commission.
• Jessica Shaw, North Cascades Audubon Society, spoke about the
reconveyance.
• Greg Brown submitted a handout (on file) and spoke about the reconveyance,
the Whatcom Integration Team (WIT), Environmental Protection Agency
regulation of water pollution, and paying for a lobbyist in Olympia.
• Patrick Alesse spoke about the applicants for the vacancy on the Birch Bay
Watershed and Aquatic Resource Management Advisory Committee.
• Kris Halterman spoke about the reconveyance.
• Marian Beddill spoke about water quality in Lake Whatcom.
• Karl Uppiano spoke about best available science and the work products of
departments and County contractors as the basis for new County policy.
• Larry Helm spoke about the reconveyance.
• Wes Kentch spoke about the reconveyance.
• Shane Roth spoke about the clustering ordinance and the reconveyance.
• Karen Brown submitted handouts (on file) and spoke about the reconveyance.
• Roger Almskaar spoke about the Rural Element Growth Management Hearings
Board ruling.
• Chet Dow spoke about costs to the County of a special election.
• Rud Browne spoke about the reconveyance.
• Ellen Baker, Glacier Water District, spoke about the water resource inventory
area (WRIA) 1 process.
• Jason Reimer spoke about the reconveyance.
CONSENT AGENDA
(8: 55: 55 PM)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve Consent Agenda items except one, two, four, and five. Item three was
withdrawn.
Brenner withdrew item five.
The motion to approve Consent Agenda items one, two, and four carried by the
following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
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herein is subject to change upon further review and approval by the Whatcom
County Council.
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNSELING AND
PSYCHIATRIC CLINIC FOR BEHAVIORAL HEALTH SERVICES IN THE JAIL, IN
THE AMOUNT OF $374,321 (AB2013-034)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY
SERVICES FOR JUVENILE COURT BEHAVIORAL HEALTH SERVICES, IN THE
AMOUNT OF $94,930 (AB2013-035)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF LYNDEN TO PROVIDE FUNDING FROM THE ECONOMIC
DEVELOPMENT INVESTMENT PROGRAM FOR THE CITY OF LYNDEN'S WATER
TREATMENT PLANT PROJECT, IN THE AMOUNT OF $6,000,000 (AB2013-036)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WILSON ENGINEERING, LLC
TO ASSIST WITH THE BIRCH BAY STORMWATER ASSET MANAGEMENT
PROGRAM, IN THE AMOUNT OF $96,747 (AB2013-037)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, PORT OF
BELLINGHAM AND WHATCOM COUNTY FOR THE PROVISION OF
PROFESSIONAL SERVICES RELATED TO GOVERNMENT AFFAIRS (AB2013-
038)
Crawford reported for the Finance and Administrative Services Committee and
moved to approve the request.
Brenner stated she has a concern about putting money aside for a lobbyist, given the
economy and County budget. The County Executive should be the County's lobbyist. They
can't measure whether a lobbyist would benefit the County. It is a bad idea and waste of
money.
Crawford stated he is reluctantly in favor of the proposal because the Executive
discussed this with the Council and received budget authority. He is concerned about
partnering with local municipalities and finding mutual interests. However, they can try it
for a year. He would like clear feedback at the end of the year about what the County
received for this investment.
Kremen asked if this would be in addition to the lobbyist that the County already
pays for through the Council of Governments on transportation issues.
Jack Louws, County Executive, stated this is in addition to the Council of
Governments (COG) lobbyist on transportation issues. He doesn't know what the COG
contract is for that lobbyist. The County pays dues to COG.
Kremen stated the City of Bellingham and Port of Bellingham, who previously
contributed to the COG lobbyist effort, withdrew their support for the lobbyist. He thought
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this request was in lieu of the COG lobbyist. He would like more information from the
Council of Governments about its lobbying efforts. Louws stated he would provide that
information. When he took office, he made staff changes to the Executive's Office and
Administrative Services Department to save the County money. His time is stretched as it
is. He doesn't have the experience in Olympia that former Executive Kremen has. It's in
the best interest of the County to be represented in Olympia. He asked for Council approval
for one year. Also, he would like one councilmember be involved with the weekly
conference call to the lobbyist. He and the other jurisdictions know how to handle any
competing interests that may come up.
Kershner stated they are often faced with implementing something the State
legislature passed, with no recourse. It's a very good idea to know what is coming out of
Olympia so the County can advocate for its interests and make an impact on these proposed
laws before they're approved and implemented. She supports the request. It's a trial.
She's happy they have a relationship with the Port and City, so they can collaborate on this
effort.
Knutzen stated he agrees with Councilmember Kershner. Given the new County
Executive, Port Director, and Bellingham Mayor, he hopes there will be cooperation among
the jurisdictions. He supports this for a year.
Brenner stated one idea would be to ask the local representatives to the State
legislature to advocate on behalf of Whatcom County. They actually work on those issues.
Before talking about a lobbyist, the Council should contact every legislator in the 401" and
42"d State Legislative District and ask to be kept apprised of what is going on, which is all
the County will get for this lobbying cost. That should be the first thing the County does,
before spending this money.
Kremen stated he has contacted the local representatives to the State legislature
more than most county officials over the past 17 years. He knows how important that is.
There has been a lot of contact with the local legislators. There are 98 members of the
house, 40 senators, the Governor, Lieutenant Governor, and State department heads and
staff. Whatcom County needs watchful, experienced eyes in Olympia on a daily basis while
the legislature is in session. He has reservations about the three entities working together.
He commends the Executive for creating a unified effort to go to Olympia for the common
good of the greater community. That's why he will support the Executive. He reluctantly
supports the request.
Brenner stated the Council has never made the request to the State legislators to
keep the Council informed of issues. They won't get any more product from a lobbyist with
torn alliances than from the State legislators.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Brenner (1)
Absent: Ken Mann (1)
(Clerk's Note: This item was continued at the end of the meeting.)
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herein is subject to change upon further review and approval by the Whatcom
County Council.
OTHER BUSINESS
(9:16: 00 PM)
Crawford moved to amend the agenda to ask the Auditor to respond to a comment
made by Chet Dow during Open Session about how a citizen petition can cost taxpayer
money on a special election.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Debbie Adelstein, Auditor, stated that under the State statute, one has the means to
create a metropolitan park district by a petition that puts it on the ballot. It's a question of
whether the creation of a special district is approved. If a special district is approved, the
County can bill the district for the election expenses.
Crawford asked how it becomes a special election. Adelstein stated the petition goes
on the next election date scheduled. The County is required by law to put the petition on
the ballot. If the petition fails, there is no one to bill for the expense. No district is created.
Crawford asked if the $50,000 estimate is correct. Adelstein stated that is the
approximate cost for the same number electors.
Brenner asked if the Auditor's Association has ever addressed the issue of this cost.
Adelstein stated the association has not chosen this as a key issue. It doesn't come up very
often.
Brenner stated she suggests the Council send a letter to the State legislature to
amend the law so that a petition will be added to the ballot on the next general election
instead of a special election.
Kremen asked if the special district is confined solely within the Bellingham city
limits. Adelstein stated the proposed special district is entirely within the Bellingham city
limits, but does not encompass all of the city.
Kremen asked if the City of Bellingham is required to defray the cost. Adelstein
stated the proposed park district would be the potential payer. The City of Bellingham isn't
proposing the district.
Crawford stated the County runs the elections.
Adelstein stated this situation is similar to when there was a proposed park district in
the Chuckanut area that included Skagit County. That never made it to the ballot.
OTHER ITEMS
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herein is subject to change upon further review and approval by the Whatcom
County Council.
1. ORDINANCE AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE
SMITH ROAD / GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY
AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RSA
TO RIM (AB2012-424)
Knutzen reported for the Planning and Development Committee and moved to
forward the ordinance for concurrent review on February 12.
Kershner asked if this becomes invalid if the rural industrial manufacturing (RIM)
zone becomes invalid.
Karen Frakes, Prosecutor's Office, stated they need to address that question before
doing the concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
2. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS
APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2013)
(AB2012-358) (9:26:00 PM)
Board of Equalization, District 3
Knutzen moved to appoint Mary Jane Anderson.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Board of Equalization, Alternate
Kershner nominated all applicants.
Brenner stated she always supports incumbents if they're doing a good job. She's
heard these incumbent applicants have been doing a great job.
Kremen asked if the additional application was submitted in a timely manner.
Dana Brown -Davis, Clerk of the Council, stated the deadline is 4 p.m. on the day of
the meeting, per the County Code.
(Clerk's Note: See the attached voting tally.)
The Council appointed Wes Van de Mark and Emily Weaver.
Drayton Harbor Shellfish Protection District Advisory Committee
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Crawford moved to appoint Steve Seymour.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Law and Justice Council
Crawford nominated all the applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Brian Hobi.
Kershner stated there are vacant positions for which the Council received no
applicants. She encouraged citizens to apply for vacancies at any time during the year.
Planning Commission, District 2
Crawford nominated all applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Ben Elenbaas and Mary Beth Teigrab.
Planning Commission District 3
Weimer nominated both applicants.
Knutzen stated he contacted both applicants, who are very qualified. He appreciates
their willingness to serve, and hopes the vote doesn't prohibit them from applying from
other positions. Both applicants would be valuable assets for Whatcom County. He votes
for Mr. Vekved because he's been in the community for a long time. He appreciates Mr.
Zachary's willingness to serve.
(Clerk's Note: See the attached voting tally.)
The Council appointed J. Michael Zachary.
Solid Waste Advisory Committee
Brenner moved to appoint Ed Nikula to the citizen position and Pete Edwards as the
Solid Waste Disposal Facility representative.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
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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.
Surface Mining Advisory Committee
Brenner moved to appoint Leslie Dempsey to the citizen position and Scott Hulse to
the civil or geo-technical engineer position.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
3. ANNUAL APPOINTMENTS TO FILL VACANCIES ON THE WHATCOM COUNTY
FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE AND BIRCH BAY
WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM)
ADVISORY COMMITTEE: VARIOUS APPLICANTS (APPOINTMENTS TAKE
EFFECT ON FEBRUARY 1, 2013) (AB2012-358A) (9:36:59 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Flood Control zone District Advisory Committee, Special Districts
Kershner nominated all applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Bronsema and Williams.
Flood Control zone District Advisory Committee, Impacted Cities
Knutzen moved to appoint Robert Bromley and John Perry.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Birch Bay Watershed and Aquatic Resources Management Advisory Committee
Weimer nominated all applicants.
(Clerk's Note: See the attached voting tally.)
The Council appointed Scott Hulse.
4. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S CONCURRENT
APPOINTMENT OF SUSAN GRIBBON TO THE BELLINGHAM-WHATCOM
COUNTY HOUSING AUTHORITY'S BOARD OF COMMISSIONERS (AB2013-
039) (9:42:11 PM)
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Brenner moved to confirm the appointment.
Kershner stated she's served with Susan Gribbon on the Community Development
Advisory Board. Ms. Gribbon is a hard worker. She's glad Ms. Gribbon has volunteered for
this Board.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENTS TO
BOARDS AND COMMISSIONS FOR THE YEAR 2013 (AB2013-040) (9:43:06
PM)
Crawford moved to confirm the appointments.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
INTRODUCTION ITEMS
(9: 46:14 PM)
Brenner moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
1. ORDINANCE CLOSING THE SHERIFF'S OFFICE LEGACY PETTY CASH FUND
(AB2013-041)
2. ORDINANCE ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT
2013-2014 (AB2013-042)
3. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $234,944 (AB2013-043)
OTHER BUSINESS
(9:46:36 PM)
Whatcom County Council, 1/15/2013, Page 14
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Brenner stated she is concerned about the water resource inventory area (WRIA)
process not being open, transparent, and diverse. She has a problem moving on with
anything until they reestablish the Planning Unit.
Jack Louws, Executive, stated he plans to discuss the issue at the Surface Water
Work Session. He understands the Glacier Water District and others in the community are
wondering about the status of the Planning Unit. He will bring it forward for discussion and
resolution at the work session.
Brenner stated they shouldn't vote on things until the Council can get
recommendations from the Planning Unit. Louws stated there are differences of opinion
about for what the Planning Unit is responsible. He will be talking about it with the Joint
Board and his staff. Don't debate it tonight, before they have the information.
Kershner asked if the policy board will take action at its meeting on Thursday.
Louws stated he can't speak for the policy board. The board will talk about the different
programs ongoing in Whatcom County.
Kershner stated she would like information on all the different boards and planning
groups, including what they're doing and who is involved in each of them.
Kershner stated the need to talk about the National Association of Counties (NACo)
conference travel budget for Councilmembers to attend.
Crawford stated the conference attendance cost is over $500. There are costs for
hotel and airfare. Including those costs and per diem expenses, the trip will cost close to
$2,000 per attendee. He asked who plans to go, given that cost.
Kershner stated the cost projection is between $2,400 and $2,900 per person. She
proposes that Councilmembers who anticipate going and spending more than their $1,000
travel amounts either ask for travel money from other councilmembers, pay for the extra
personally, or request reimbursement from the office travel budget. Each councilmember
has $1,000 in his or her travel budget, and there is an additional $6,000 travel budget that
the entire office can access.
Kremen stated select two councilmembers to represent the Council at the
conference. If anyone else wants to attend, they should be able to use whatever resources
are allocated for them.
Kershner stated everyone can go if they want. The question is whether any
Councilmember wants to request approval to spend more than his or her $1,000 travel
budget on the NACo conference.
Kremen stated he plans to attend.
Crawford stated he will go if others choose not to go. He won't go if it creates a
quorum of the Council.
Brenner stated she is opposed to attendance. A trip to Washington D.C. is a waste
of time. She will vote against anyone getting more money to go, but it's not personal.
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yet.
Kershner stated she would like to attend, but has a work conflict she hasn't resolved
Knutzen stated he was thinking of attending, but decided against it due to the cost.
Weimer stated he does not plan to attend.
Kremen stated he would like to go and would like to use some of the extra money
added to the Council budget for this purpose. He encourages another councilmember with
strong ties to one of the two parties of power to attend, to show a unified front and take
advantage of the relationships they have and the support they've given. It's important for
the councilmembers to reach out to the legislators, which includes members of Congress. A
brand new member of Congress that needs to be apprised of Whatcom County's specific
issues.
Kershner moved to approve $1,500 from the extra Council travel budget for two
councilmembers to attend the conference.
Weimer suggested a friendly amendment to allocate $3,000 total for two
councilmembers to attend the conference, in addition to their individual $1,000 travel
budgets.
Brenner stated they can reach out to legislators by phone or email.
Kershner stated don't discuss the merits of going. Keep the discussion to the
budget. She accepted the friendly amendment.
Kremen stated Councilmember Kershner should also attend. It's important to have a
bipartisan approach and a unified delegation. If Councilmember Kershner can't attend, then
Councilmember Crawford or Councilmember Knutzen could attend. They all have close ties
to the Republican Party, which is important to have in Washington D.C.
Kershner stated councilmembers can decide on their own to attend. This is not the
only opportunity to allow someone to attend if they want.
Kremen stated it's important to have two designated councilmembers who attend.
Kershner stated the second attendee will remain undesignated at this point.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Weimer, Knutzen, and Kershner (5)
Nays: Brenner (1)
Absent: Ken Mann (1)
CONSENT AGENDA
5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, PORT OF
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BELLINGHAM AND WHATCOM COUNTY FOR THE PROVISION OF
PROFESSIONAL SERVICES RELATED TO GOVERNMENT AFFAIRS (AB2013-
038)
Crawford nominated Councilmember Kershner to be involved with the weekly
conference call to the lobbyist.
The motion to appoint Kershner (and Kremen as an alternate) carried by the
following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, and Kershner (6)
Nays: None (0)
Absent: Ken Mann (1)
Kremen volunteered to be an alternate.
Crawford stated anyone with the conference call code can dial in and attend.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(10:15: 32 PM)
Weimer reported that he will be absent from the next meeting due to a work conflict.
Knutzen reported that dairy farmers and dairy organizations had a meeting with
Congresswoman DelBene about the Environmental Protection Agency (EPA) regulations and
other restrictive regulations on the agricultural community. He encourages councilmembers
who go to Washington D.C. to make the EPA aware of what's going on.
Kremen reported that when he goes to the National Association of Counties (NACo)
conference, he will likely have an opportunity to visit the White House. Talking to the EPA
won't be as productive as talking to the administration, to which the EPA is accountable. He
will express Councilmember Knutzen's concerns.
Also, he is very saddened by the passing of Chief Ramstead. He had the honor of
working with Chief Ramstead during his tenure as police chief for both Everson and
Nooksack. Chief Ramstead was one of the finest men anyone would want to know. He was
a local boy who made good. It will be difficult to fill his shoes. Chief Ramstead was
committed and dedicated to the community. He served the community well for a long time.
He's lost a friend, and Whatcom County lost a stellar law enforcement official.
ADJOURN
The meeting adjourned at 10:21 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Whatcom County Council, 1/15/2013, Page 17
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Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Whatcom County Council, 1/15/2013, Page 18
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Board of Supervisors Appointments for 2013 (AB2011-358A)
Nominated FLOOD CONTROL ZONE DISTRICT - SPECIAL DISTRICTS - VOTING TALLY 2 Vacancies
by. ( )
Weimer
Knutzen
Mann
Crawford
Brenner
Kremen
Kershner
Total
Knutzen
Bronsema
X
Bronsema
Bronsema
Bronsema
X
Bronsema
Bronsema
X
Bronsema
X
4
Knutzen
Williams
X
Williams
X
Williams
Williams
X
Williams
X
Williams
Williams
X
5
Knutzen
LaMonte
LaMonte
X
LaMonte
LaMonte
LaMonte
X
LaMonte
LaMonte
2
Knutzen
Sygitowicz
Sygitowicz
Sygitowicz
Sygitowicz
Sygitowicz
Sygitowicz
X
Sygitowicz
1
Nominated
by:
BIRCH BAY WATESRHED AND AQUATIC RESOURCES MANAGMENT(1 Vacancy)
Weimer I I Knutzen I I Mann I I Crawford I I Brenner I I Kremen I I Kershner I Total
Weimer Hulse I lHulse I X Hulse I 11-lulse I X Hulse I 11-lulse I X lHulse I X 1 4
Weimer 113ooth I X 113ooth I 113ooth I 113ooth I 113ooth I X 113ooth I 113ooth 1 1 2
104
County Council Appointments for 2013 (AB2011-358)
Nominated by: BOARD OF EQUALIZATION ALTERNATE - VOTING TALLY(2 Vacancies)
Weimer Knutzen Mann Crawford Brenner Kremen Kershner Total
Kershner VandeMark VandeMark X VandeMark VandeMark X VandeMark X VandeMark VandeMark X 4
Kershner Weaver X Weaver X Weaver Weaver X Weaver X Weaver X Weaver X 6
Kershner Bunis X Bunis Bunis Bunis Bunis Bunis X Bunis 2
Nominated by:I LAW AND JUSTICE COUNCIL VOTING TALLY (1 Vacancy)
Weimer
I
I Knutzen
I
I Mann
I
I Crawford
I
I Brenner
I
I Kremen
I
I Kershner
I Total
Crawford
Hobi
I
lHobi
I X
I Hobi
I
JlHobi
I X
I Hobi
I X
JlHobi
I X
JlHobi
I X
1 5
Crawford
Madrone
I
Imadrone
I
Imadrone
I
Imadrone
I
Imadrone
I
Imadrone
I
Imadrone
I
1 0
Crawford
Jancic
I X
liancic
I
liancic
I
liancic
I
liancic
I
liancic
I
liancic
1
1
Nominated by:
PLANNING COMMISSION DISTRICT 2 VOTING TALLY (2 Vacancies)
Weimer
Knutzen
I
I Mann
I
I Crawford
I
I Brenner
I
I Kremen
Kershner
Total
Crawford
Elenbaas
I X
lElenbaas
I X
lElenbaas
I
lElenbaas
I X
lElenbaas
I X
lElenbaas
I X
lElenbaas
I X
1 6
Crawford
Teiarob
I
ITeiarob
I X
ITeiarob
I
ITeiarob
I X
ITeiarob
I X
ITeiarob
I
ITeiarob
I X
1 4
Nominated by: PLANNING COMMISSION DISTRICT 3 VOTING TALLY (1 Vacancy)
Weimer Knutzen I I Mann I I Crawford I I Brenner I I Kremen Kershner I Total
Weimer Zachary X lZachary I lZacharyZacha X lZachary I lZacharyX lZachary I X 1 4
Weimer Vekved I lVekved I X lVekved I IVekved I lVekved I X lVekved I lVekved 1 1 2
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Whatcom County Council
Special Surface Water Work Session
January 22, 2013
CALL TO ORDER
Council Vice -Chair Bill Knutzen called the meeting to order at 10:34 a.m. in the
Whatcom County Courthouse Conference Room #513, 322 N. Commercial, Bellingham,
Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Pete
Kremen and Carl Weimer
Absent: Ken Mann
SURFACE WATER WORK SESSION (AB2012-024)
1. UPDATE ON EDI GRANT TO PUBLIC UTILITY DISTRICT NO. 1 RELATED TO
WATER SUPPLY PLANNING
Chris Brueske, Public Works Department, stated he doesn't need the Council to make
any decisions today. This presentation is just to give the Council information. There will be
a supplemental budget request in two weeks. In February, the contract will come forward
for Council approval. He described the background of this item and gave a staff report on
the interlocal agreement. Staff worked with the Public Utility District (PUD) and refined the
scope of work, which is what has come forward today. Only Task 3 has changed from when
it originally came forward. Now, the work in Task 3 will be conducted by the Whatcom
County Health Department. The Coordinated Water System Plan (CWSP) is under the
purview of the State Health Department, so the County Health Department will head that
effort.
(Note: Council Chair Kershner arrived and assumed the duties of the Chair at
approximately 10:50 a.m.)
Kershner stated there is a concern that the Planning Unit is not part of the process.
She asked how the administration will include the Planning Unit's work. Brueske stated the
Joint Board developed the Lower Nooksack Strategy, a plan to implement items in
implementation plan. Work has gone forward on those planning tasks. The public
involvement of the former caucuses is through the water users group, an advisory
committee that will be administered by the PUD. Anyone who wants to be involved can
have a seat at t the table to discuss their concerns and the technical items they want in the
plan. The proposal doesn't have the formal Planning Unit reconvene, but there is a public
form.
Brenner stated she disagrees. The Planning Unit should be involved. The Planning
Unit was to be the initial recommending body along the way, before the Joint Board. At
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least one member of that Joint Board refused to participate. This is more private than
public. She's also concerned because the PUD is a water purveyor, so they may have a
conflict of interest. Brueske stated the CWSP update was switched to the County to
alleviate that concern. The PUD will focus on the water supply plan, for people in agriculture
and industry.
Brenner stated the PUD is in competition with agriculture and industry for water.
Brueske stated the PUD has more expertise than Whatcom County in water delivery.
It was a Joint Board request that they do that with the idea that all the initiating
governments share the work. The Lummis are doing a lot of the stream flow monitoring.
All the tasks in the Lower Nooksack Strategy are being shared among the various initiating
governments. That said, staff have discussed the future role of the Planning Unit. The
Planning Unit has a defined role in the instream flow action plan, which was never finalized,
to approve water allocations that came out of the pilot basins. The Planning Unit would
have a role in approving plans for those basins. The watershed management plan is silent
on the Planning Unit role going forward.
The issue today is what direction the Council would like to go on this. The Council
could start the Planning Unit again. It takes a lot of staff time and money to convene the
Planning Unit. It's a very arduous process and was not well -attended by all interested
parties. Another option is to continue the current plan of allocating modest staff time to
pushing the technical tasks along. Today's proposal is to push those technical tasks along
and invite all stakeholders to come together in a venue separate from the Planning Unit, to
advise the process. Continue with the technical tasks separate from the legal issue
surrounding water issues, and convene a public forum for anyone who is interested.
Brenner stated the plan may be silent in wording, but the Council first created the
Planning Unit so it is ongoing and would stay up-to-date. It is the most diverse group.
She's concerned about the proposal that anyone join the process because there won't be
equal push from all the interests.
Crawford stated the Planning Unit ensured that the voices would be heard if they
chose to be heard. He asked the amount the County spent on contracts to facilitate the
Planning Unit. There are costs to facilitating the Planning Unit. If they expect the PUD to
continue, have a mechanism by which they could facilitate, get compensated, and go
through those elaborate steps. Everyone involved in the Planning Unit is concerned that the
informal process doesn't ensure an equal voice. The guys who yell the loudest tend to
dominate the discussion. The Planning Unit had mechanisms to level the playing field. He
shares the concern, but doesn't have a solution.
Kershner asked if the Planning Unit called for these three tasks to be implemented.
Brueske stated the tasks are in the Lower Nooksack Strategy, which was the
implementation plan. These tasks need to be done regardless of how water allocation is
decided. They all need to know how much water is needed for various activities in the
county and how much is necessary in the stream.
Kershner asked if the Planning Unit specified how these things are to be done. She
asked the connection. The Planning Unit came out with a plan. Some of the items were
identified in the plan. Now they're trying to do these things, but there is a concern the
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Planning Unit isn't involved. She asked what's not happening that the Planning Unit would
be involved in. Brueske stated the Planning Unit still wants to have a decision -making role
in the process rather than be advisory. The Planning Unit would like to look at and approve
the updated water budget, any groundwater work, and the water supply plan. The water
supply plan is an open process. The proposal offers all the opportunities for input from all
the various interest groups.
Brenner stated an original purpose of the Planning Unit is that the Planning Unit
would have the ability to show how broad and fair the involvement was in any potential
adjudication process.
Knutzen asked if they will get a water budget out of this process. He asked if anyone
has come out with any estimate. Brueske stated the water budget took the Utah State
University (USU) work and updated and calibrated it. It is just a record of what water is in
the streams now. It's not about who is using what. It has an historical estimate as well. It
has information useful for water allocations. It hasn't been used for allocation decisions.
This process will result in how much water a certain community, such as agriculture, will
need. Estimates will come out of the proposal. It's all technical work, not a legal number.
Knutzen asked if the entities involved will be responsible for paying for this, or if just
the County will pay. Brueske stated the funding source is the Economic Development
Investment (EDI) fund money.
Kremen stated get to the root of the problem. There should be more involvement
from a wider array of interests. He described the background of the entire process. It was
an eleventh hour effort to save face for the legislature to deal with averting adjudication,
making it appear as if the legislature came up with a panacea for averting adjudication.
They dangled a paltry amount of money to complete the task of accomplishing the effort to
avert adjudication. He cautioned everyone that the money promised by the State was a
small fraction of what they would actually need to accomplish the goal. Some were
skeptical that they could ever avert adjudication. This is really a funding problem. This is a
State unfunded mandate. If the County had adequate funding, it would probably be able to
have more inclusion and a more representative process. Realistically, avoiding adjudication
is uncertain.
Crawford stated the council never has had a presentation of the USU analyses, in lay
person terms. He would like a presentation on the data the county got. Have a computer
generated map that shows the general data of historical and current water available.
Regarding the use of the EDI funds, he asked if there is an ag decision that it can be used
for planning purposes. He would like a review of the EDI funds and why this is a legal use.
Brueske stated this agenda item has been through the prosecuting attorneys office, who
signed off on this use of funds.
Crawford stated have legal counsel give a presentation on the legal uses of EDI
funds. He asked if water planning is an allowed use. Get that information from the
attorneys.
Brenner asked if legal counsel reviewed for substance or just for form. The money
spent on USU was the biggest waste of money because the work was faulty. The County
had to redo the work, not just update it. Think about who is going to do their studies, and
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choose someone more local. Brueske stated the firm who did the update was a firm in
Washington state.
Jon Hutchings, City of Bellingham, stated there was a water budget presentation to
the Council. It's not as simple as defining what water is in the streams at a certain time of
the year. The next step is to understand the needs and how that water is allocated. Some
of that is done in the water budget by calculating crop use and home use. Tying it all
together in a picture is something they all need to spend time on.
Weimer stated the Planning Unit process was slow, frustrating, and expensive. It
was a very good process for leveling the interests. He asked if there has been any
discussion with the PUD about whether the water users group could reflect the Planning
Unit. Members of those interests groups could be invited, instead of changing the
membership. Rearrange the water users group to reflect the Planning Unit caucuses. Make
sure all the groups are represented by the end of the process. He asked if the Lummi
Nation asked for adjudication, and if this will inform that process. Brueske stated the
Lummi Nation and Nooksack Tribe have both asked for adjudication.
Jack Louws, County Executive, stated the Joint Board met last Thursday and
discussed the Planning Unit. An outcome of their discussion was that he will ask the
Prosecuting Attorney and staff to define the legal role of the Planning Unit. There is some
question about whether the County is legally obligated to have a Planning Unit. The Joint
Board will have a special meeting when he gets the result of that legal review, and then
discuss the ongoing role of the Planning Unit. The County has a role in providing data to all
the individual people and organizations in the county that have water rights. The PUD work
will provide a better database for all those different groups to use if water rights goes into
the court system. They also need to decide if reconvening the Planning Unit is wise on the
County's part. If reconvened, decide if it will be advisory or regulatory and decide on the
work plan beyond implementation of Lower Nooksack Strategy. Presented today is a mid-
level approach to moving the plan forward. The Council and the County should approve it,
but don't leave the question of the Planning Unit unanswered. In the next few months,
figure out where to go and make recommendations to the Joint Board. If necessary, put
together the budget to make that happen. There hasn't been a lot of engagement by the
public since 2010. It's time to get serious about it in 2013. He encourages the Council to
approve the contract with the PUD. The PUD is there to serve everyone in Whatcom county.
Their water right has no more validity than anyone else's. He believes in the people who
are running the PUD. The commissioners aren't organizing this for their particular benefit.
They are able to facilitate this process and provide information for everyone to use. Things
aren't going on under the table that will make the work inappropriate.
Kershner asked about the process the PUD will undertake. She asked if the PUD will
contract out this work.
Steve Jilk, PUD, said they would contract out the work. The PUD would administrate
the grant funding. The County could advise the facilitation process, but the PUD would not
do the work itself. The PUD did not lobby for this effort. The Joint Board discussed who
would take on the individual objectives. There was Joint Board consensus that if the Lower
Nooksack Strategy proceeds, they would consider what agency would be the best to take on
that expectation. The PUD will contract someone to facilitate and manage the process
leading to recommendations.
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Weimer asked if the Health Department will contract out its work, and if the same
contractor could end up doing both pieces of the work.
John Wolpers, Health Department, stated the Health Department is looking at having
a consultant do the work. It is a planning document. The Health Department uses the
information for specific water supply issues it deals with, but it's a planning document. Who
would do the actual work is being discussed.
Kershner stated this process abdicates the Council's involvement in the PUD work.
Crawford stated he would like to review the USU work to see what data they actually
got.
Brenner stated no one is saying the PUD is made up of dishonest people. The PUD is
in direct competition with all the other water associations and water districts. Therefore,
the County should not put the process out that way, especially if the County didn't ask the
other water districts what the County should do.
Knutzen asked about the Lower Nooksack Plan results. He asked if there was an
agreement on instream flow. Brueske stated there were two pilot basins where a grant
would support instream flow negotiations. Some meetings were closed because they
involved attorneys and their clients. The discussions broke down, and no decision resulted.
That was when the Lummi and Nooksack Tribes requested federal adjudication.
Hutchings stated the County and other participating government roles related to
those negotiations was to provide good peer review and technical information on which
those negotiations were based, and also to ensure the playing field remained fair for all
parties at the table. The actual negotiations are between parties who have interests in
property. The County government didn't have a role in those negotiations. The
negotiations stopped. The Tribes asked for intervention to establish their instream flow, not
for adjudication of all the water rights. They're asking for clarification of their instream
flow. The question that remains is how to advance the conversation about what the other
out -of -stream uses are, what the needs are, and how that informs any future negotiations.
There are unmet out -of -stream needs in the county. The question is how to get all the
people to sit down and line those things out in such a way that they end up with a strategic
approach to carrying forward some kind of conversation that will help meet those needs. It
comes down to meeting peoples' interests. There is good information available, including
what came out of the USU study, recognizing that the management was very difficult.
However, there is good information available. The negotiations were between interests with
property rights.
Kremen stated he's disappointed in the entire process. Whatcom County was
awarded for the best WRIA process in the state and held up as a model for the rest of the
WRIAs in the state. However, the two Nations aren't at all willing to negotiate. Despite his
regard for the PUD, the PUD is a water purveyor. The County is accountable to everyone in
the county and doesn't have a perceived or real conflict of interest regarding water. Being
the lead agency would be difficult, but for appearances, it makes more sense. At the very
least, the Planning Unit needs to have advisory input. That advisory input would have more
influence with the County than it would with the PUD.
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Louws stated the County administration is following the direction of the plan put
together in 2011, when the Council approved the assignment of funds to the PUD. The
administration has been working in good faith on the Council's direction. If the Council
chooses to change the direction and redo the plan, the administration will work with the
Council and the Joint Board to make all this happen. If the County decides to not work
through the PUD, he will put this on hold and work with the Joint Board to rework the plan
and come up with a budget. The work they're doing is to gather information for the users,
and the contract will result in good information.
(Note: Council Chair Kershner left, and Vice -Chair Knutzen assumed the duties of the
Chair at 11:40 a.m.)
Brenner stated have it go through the Planning Unit instead of the Joint Board.
Brueske stated the Planning Unit works for the Joint Board. He will review the
memorandum of agreement (MOA) regarding that relationship.
Kremen stated he agrees with Executive Louws that things have changed since 2011.
Back then, they didn't have the input or the concerns expressed by the different planning
units. That dynamic precipitated this change of course. There is justification to consider a
change of course.
Crawford stated he supports the PUD going forward. On task 1, find room to allow
the water users group to be the former Planning Unit. He is in favor of spending $10,000
per year for five years to facilitate the Planning Unit. Modify task 1 to use the Planning Unit
as previously formed, or use it as a model.
Weimer asked who approves the two plans. Wolpers stated the State approves the
Coordinated Water System plan. It's referenced in the Comprehensive Plan.
Brueske stated he doesn't have an answer about the water supply plan. It would be
a product of the joint board, of which Whatcom county is the lead agency.
Jilk stated the scope in the proposed interlocal agreement is clear about the work
products that the County must receive as evidence of the work being done. Those work
products will provide opportunity for the County to make payment to the PUD for the work.
Regarding the Lower Nooksack Strategy, there is one clear message the PUD will provide to
the stakeholders, which is that the PUD will do whatever the Joint Board asks to move this
work forward. The work clearly needs to be done. If the Council decides to change
direction, and the County reinstates the Planning Unit, it's fine with the PUD. In 2011, the
Council approved the use of the EDI funds, but due to concerns of the Planning Unit and
community, the Council delayed its decision. The PUD is only interested in having an open
public process that the community is satisfied with. If the process isn't inclusive and the
community isn't comfortable, the end product won't be successful.
(Note: This item continued later in the meeting to accept public testimony.)
2. SYSTEM WIDE IMPROVEMENT FRAMEWORK LETTER OF INTENT RELATED TO
THE U.S. ARMY CORPS OF ENGINEERS LEVEE PROGRAM
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Paula Cooper, Public Works Department, gave an update on the system -wide
improvement framework (SWIF). Four levees not included are deficient. One levee that is
rated as acceptable is included because it may need some work, and the Army Corps of
Engineers may identify deficiencies on that levee. She will make changes to the draft letter
in the packet. The Nooksack basin is chosen as a pilot for the SWIF development process.
Their biggest issue will be vegetation. If they have to have a full variance request to vary
the vegetation, there could potentially be geotechnical investigations.
The Corps has 90 days to approve the letter. If they don't approve it before the end
of April, all the levees rated minimally acceptable will be ineligible for repair. She described
the changes in the draft letter. Diking District 2 is interested including the Sandy Williams
levee in the SWIF. She's fine with it, and will notify the advisory committee. She will revise
the statistics to include the Sandy Williams levee, if the Council supports it. The Corps
reviewed the draft letter and commented on it, and suggested minor clarifications, including
the estimated cost to implement the SWIF and how to address shortcomings in funding.
She will reference the fund balance and dedicated fund balance and potential for grant
funding.
Knutzen stated he is disappointed in the Planning and Development Services
Department process and the vegetation issue it's been trying to get permits for. He asked
the status of that. He's disappointed that the Conservation District mitigation
recommendations don't apply. He asked the permit process for Sandy Williams. There are
a lot of levees that will require some vegetation management. Get County entities to work
together in a more timely manner. Cooper stated she is looking at the Sandy Williams levee
from the flood perspective. She's making sure they've done the flood review analysis. That
will be ready to go to the Hearing Examiner once they get that information.
Brenner stated include Sandy Williams. They had to work directly with the Corps
because of an emergency. She asked if the Corps staff understands about the local needs
for vegetation. Cooper stated the decision -maker for the Corps is in Washington D.C.
Brenner stated get the local Corps official to send a letter to Washington D.C.
Cooper stated they will be involved in this process.
1. UPDATE ON EDI GRANT TO PUBLIC UTILITY DISTRICT NO. 1 RELATED TO
WATER SUPPLY PLANNING
(Note: Discussion continued from earlier in the meeting.)
Larry Helm stated he has been waiting for his water right for ten years. Simplify the
approach. He participated in the water resource inventory area (WRIA) 1 process as the
water association caucus. After the last meeting, he talked to many people, and no one
thought it was the end of the Planning Unit. It was supposed to be an oversight committee
of the stakeholders. The Planning Department held a meeting this summer that included all
bureaucrats. The County Council said it would keep the Planning Unit because it was made
up of the stakeholders. The stakeholders and public have been taken over by the
bureaucrats. Water is critical. He doesn't want metered wells. A recent stakeholder
meeting talked about restricting water per day per cow to 20 gallons. They can't do that.
They have to have stakeholders involved for practical reasons. At the WRIA, the PUD is one
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member. He protests giving the PUD money and raising their influence without Planning
Unit approval. Reconvene the Planning Unit. Give authority back to the stakeholders.
Ellen Baker stated this effort is supposed to be bottom -up. The Planning Unit role
was to be certain that the water resource situation is correctly appraised. They had the role
of giving the process integrity. The Planning Unit was central to the law. WRIA drifted into
other activities. The process has moved beyond the intent of the approved plan.
Roger Brown, Birch Bay Water and Sewer District General Manager and Planning Unit
representative of the water district caucus, stated the role of the Planning Unit in the
adopted watershed plan was not to change, and was to have four facilitated meetings per
year to consider recommendations to instream flows or to the federal tribal settlement
negotiations, legislative changes, and formal WRIA watershed management plan updates.
It wasn't just about instream flows. The Planning Unit had the role of approving changes to
the actual plan. The Lower Nooksack Strategy is a change to the watershed plan. The
County can adopt the Lower Nooksack Strategy, but it can't do so as an extension of the
watershed management plan. Regarding the Tribes' request for adjudication, they have
asserted a homeland purpose in the treaty of Point Elliott. That is a very significant
departure in decision -making about how tribal water quantities are calculated. The County
needs outside water rights counsel. They won't have a consensus process. This will be
litigated to have any validity. He's preparing to go to court. Look at it from that
perspective. In terms of budget, if the EDI fund can be used for plan updates, it can be
used for Planning Unit meetings.
John Kirk stated his perspective is about value-added agriculture. He produces
artisan cheeses at his farm. Many people in the county have value-added interests. Legal
mandates are based on needs. He hopes things can have a good faith outcome and that
decisions aren't subverted by financial kickbacks. Nongovernmental organizations are
plugged into the taxpayer stream flow. They have paid people they send over. It's not a
level playing field. In the agricultural community, they are observing a trend of water
management from the Department of Ecology (DOE) for fecal coliform management.
Marketable property rights that can be bought and sold internationally is an issue. Any
building must be mitigated. Most urbanized people are concerned about recreation, not
food. The people concerned about food can't get along. They need a process to protect
growers. That process takes time and money. Make decisions that will not suppress efforts
to grow and buy local. Government departments need to coordinate and keep the big
picture in mind.
Chet Dow stated have legal counsel look into the role of the Planning Unit under
Revised Code of Washington (RCW) 90.82. He is concerned about whether that State law
has been adhered to in the process, especially during the last three and a half years when
the Planning Unit stopped having meetings. The public hasn't been aware of what's been
happening for a long time. Move this forward in a positive direction. He wants to know the
statutory authority for what's been going on, including for the Whatcom Integration Team
(WIT). The community values and attributes the WIT developed were scored. Independent
and rural living was scored as having no value. The Council should put all this on hold until
they get input from lawyers who know water law and define the legislature's role for the
Planning Unit.
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Max Perry stated he appreciates the Council's concern about lack of input from water
users. They've had little or no input on what's going on with water use, which affects them
the rest of their lives.
Kris Halterman stated she is a small business owner. She's legally obligated to give
water to anyone who asks. The Whatcom Integration Team rated rural living as having zero
value. The membership of WIT is non -governmental. She asked how the WIT got its
authority to determine water law. The process used to score values was invalid. The
Planning Unit is supposed to determine goals and objectives for water resource
management and development. Questions include who has been marginalized by the WIT
graph, how they pay for public needs if sustainability, culture, quality of life, and green
infrastructure receive the highest priority, and independent rural living receives no value.
The outcome is flawed due to its inability to provide for the economic factors of paying for
all of this. The County Council has the authority to end this effort. It must proceed
cautiously. Carefully consider all the concerns raised today. Read the 2009 case regarding
tribal water rights.
Wes Kentch, Agricultural Advisory Committee, stated he's concerned about
conserving water. He is also concerned about the WIT, which ranked agriculture seventh
out of a list of 15 items. The agriculture community in Whatcom County is the sixth most
valuable farming community in the state. He is also concerned about the Lower Nooksack
Strategy. A major player was Peter Gill, who is not a hydrologist. Water discussions must
include hydrologists and all user groups. The DOE sat on his water right application since
1974. Now they can't find it. The estimate of 20 gallons of water per cow is erroneous.
It's half the amount of water cows need per day. Dairy cows require more than 50 gallons
per day, which includes washing down the milk tank. Get a realistic water budget. By law,
livestock can have unlimited use of water. The environmentalists bypass the issue through
the Clean Water Act. He didn't know about the water rights meeting held on Thursday until
the Tuesday before. He referenced and read from the draft record of the PUD meeting
minutes two weeks ago about the cost to develop a water budget and moving water rights.
Theresa Sygitowicz stated her family applied for water rights 40 or 50 years ago.
They haven't been processed. Continue the Planning Unit for more encompassing public
input. The people who provided the data were uneducated about Whatcom County. Be
more inclusive. Create more outreach to the agricultural community.
Skip Richards stated he sent an email this morning that counters the misinformation
from County staff. Read the documents that clarify the role of the Planning Unit by statute,
what the watershed management plan actually says, and the discussion that took place in
the Planning Unit meetings. By State law, the Planning Unit is to be operated in a fair and
equitable manner to provide direct input into the process. The staff teams were to call
meetings at least quarterly. The interlocal agreement that established the Joint Board was
to keep the Tribes in the watershed planning process. The Tribes claimed they could not
participate in something that ordinary citizens participate in. They said they could only
work government -to -government, because all local governments are subdivisions of the
State. The agreement stated the Joint Board was purely administrative. If the Tribes don't
participate, there is no reason for the Joint Board to exist. It has no purpose according to
the statute. The Planning Unit is a decision -making body, not advisory. If they are going to
stay working under the auspices of the plan, they must abide by it. If they start a new
process, the participants won't have any faith that their input will be respected. The
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Planning Unit members knew what they were talking about, and no one could get away with
anything they need. They don't need to spend money on facilitators. They were necessary
at first, but not now. The Tribes insisted the Planning Unit could not be in the salmon
recovery process.
Lorraine Newman stated water is essential to everyone. Don't come up with a water
right decision that everyone can't buy into. If the decisions are made by a group of people
who sat around a table, she won't feel secure that her water was protected.
Louws stated he thanks everyone for being involved. He and staff will consider
where they are at and continue to engage the Council. It will take years for a resolution
with the Tribes regarding water allocation.
ADJOURN
The meeting adjourned at 12:40 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Bill Knutzen, Council Vice -Chair
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
January 29, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 9:35 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(9: 35: 37 AM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Pete
Kremen, and Ken Mann.
Absent: Carl Weimer.
COMMITTEE DISCUSSION
1. DISCUSSION OF FORESTRY MANAGEMENT PLANNING FOR THE LAKE
WHATCOM TRUST LANDS PROPOSED FOR RECONVEYANCE (AB2012-066F)
(SECOND OF THREE MEETINGS TO BE SCHEDULED TO DISCUSS VARIOUS
ASPECTS OF THE RECONVEYANCE PROPOSAL)
Kershner stated this is the second of three meetings on the Lake Whatcom
reconveyance. This meeting is regarding timber management.
Mike McFarlane, Parks and Recreation Department Director, submitted and read from
handouts (on file). There are incredibly steep slopes and thin soils in the reconveyance
area. When an area is clear cut, the soils accumulate more moisture during rain and snow
events. There are no trees to absorb the moisture. After a clear cut, it takes 30 to 40
years to develop an adequate root mass. This affects how they lay out the trails and
manage the forest in terms of lake water quality. He described past landslide events.
There are options for managing the forest. The State manages it for timber harvest. If
reconveyed, some of the tree cover would be maintained. He described the different forest
management options between the State and County. If the State manages the forest on
behalf of the County, the State would review the park plan and manage the harvests
accordingly. Revenue would be distributed to the junior taxing districts, State, and
Department of Natural Resources (DNR) as it is distributed now. Now, the State generally
gets 22 percent of the revenue.
Crawford stated the County Comprehensive Park Plan doesn't get into this level of
detail regarding timber management. The County must have a new park plan, which hasn't
yet been done, specifically for this new park. McFarlane stated that's correct. A plan could
be developed using a consultant, community representatives, or the Parks Department
staff. They have a quote of $16,000 to hire a consultant to develop this plan. It would take
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time. If the reconveyance were approved, they could begin work on a park plan the third
quarter of 2014 with completion in 2015.
Brenner stated the purpose of the landscape plan was to allow recreation and other
uses on the land and also to protect the land. She asked if that plan would be set aside
while the County creates another plan. McFarlane stated the park plan is not the landscape
plan. The landscape plan applies to State management on those lands. Whatever plan the
County puts together would have a greater level of lake protection than the landscape plan
and would accommodate the habitat conservation plan (HCP) and recreation plans. The
landscape plan would transition into the park plan.
(10: 02:34 AM)
McFarlane continued the presentation regarding the proposed reconveyance concept
after exchange between trusts. The landscape plan would still be in effect on State lands
not included in the reconveyance that will continue to be managed by the State. Those
lands will continue to generate revenues as they are today. They will continue to be
managed according to the landscape plan. Land reconveyed would be managed according
to a park plan. The County is still bound by forest practices. The plan would not be less
restrictive than the landscape plan. The State has 15,000 acres, and the County requests
reconveyance of 8,844.
Under a park plan and County management, a park plan would provide better
protection than the habitat conservation plan because they would be creating more habitat.
When applying for the forest practice permit, the State considers whether the County is
considering habitat for the marbled murrelet.
Regarding fire protection, the County does not take over that responsibility. The
State will remain the primary agency for fire protection. The State provides protection for
current County park lands. The County will pay $.31 per acre. There is a method to
reimburse local districts if they respond.
Kershner asked about management options. She asked if the County could decide
how to actively manage without the DNR involvement. McFarlane stated it could. There will
be a charge to whatever the DNR does for the County.
Kershner asked if the County could come up with a harvest plan that comes up with
revenue that would pay for park management. McFarlane stated the County could on a
small basis if it's not very profitable. However, a 15- or 20-acre clear cut would be done by
the State to come in and manage the cut and distribute the revenues. The County would
get about 25 percent of the revenue generated from the cut. It's up to the County how to
use those funds. It's not like a third option. It's embedded. On some things the County
may want to pay the State because there is no commercial value, and the purpose is just to
benefit the landscape. To generate revenue and do small cuts in certain areas to maintain
timber production, using the DNR is an option.
Knutzen asked about a geological survey for slope stability. McFarlane stated this is
the database someone would use if they do a geologic survey on the watershed.
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Jack Louws, County Executive, stated there was a question at the last meeting about
having a geologist speak about landslides. With direction from the Council, he can make
that happen.
Knutzen stated he would like to know the specific issues with stability. Louws asked
if the Council wants to contract with a professional to provide the Council an overview, or if
the Council wants interested community members to give input.
Knutzen stated folks in the community can provide input. He would like to know the
County's liability and what the Department of Ecology (DOE) will require of the County in
terms of the total maximum daily load (TMDL) permit requirements. McFarlane stated these
are naturally occurring events. The County doesn't have control over them. They can try
and change the cover on top of the slope areas and try to reduce the risk. They will always
have these things happen during large storm events. This geology comes from the State's
database. The geology doesn't change. He has a high level of confidence in the State's
geology. Many of these slides are in areas that have the most problems. Those areas
would be checked regularly for debris dams. Even without any timber harvesting, those
areas will still be most prone to problems.
Kershner stated those areas would be excluded from timber harvest according to the
landscape plan anyway.
Knutzen stated he would like to have a meeting dedicated to the geological condition
of the areas that will be reconveyed and have a risk assessment.
Kershner stated add a discussion to the next meeting about the cost of the risk due
to unstable slopes.
Louws stated he hopes to find a couple members of the community who can come in
and have a conversation with the Council, but it won't be an official report. Regarding the
TMDL, the reconveyed land, once touched, will create a link to responsibility similar to what
exists at Swift Creek. That is something to think about in terms of management of culverts,
slides, trails, bridges, walkways, and other things. The responsibility won't be to the level
of responsibility of Swift Creek, but certain situations are parallel. The County is responsible
for the land, the work done on it, and any damage done as a result of that work.
Brenner stated those were natural landslides. None were proven to have anything to
do with logging. The County can't stop existing natural landslide areas.
Crawford stated the comparison with Swift Creek is different. The best option for
Swift Creek in terms of health hazards is to do nothing. The question is what to do with all
the development that's been done down the road in the last 100 years. In this case, they
are doing nothing. Last year, there was video documentation of the diversion input into
Lake Whatcom. The TMDL estimates the diversion puts in 22 percent of the phosphorous
loading in to the lake. The DOE is not going after the City of Bellingham or the diversion.
The DOE is not going after an indentified point source. He can't image they would go after
a nonpoint source from a landslide.
Brenner asked the percentage of areas that will still allow revenue to the Mount
Baker School District, and the percentage of timber land that is decreased. She would like
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clarification on whether they have been using the landscape plan. The landscape plan
prohibits logging near critical areas, steep slopes, and bodies of water. The Council should
hear from the logging community about how those hazard areas are managed. Also, the
information should indicate that the reconveyance area is proposed. She asked how people
are going to get in and out without roads. The information regarding commercial versus
natural forest management is not fair. Commercial management replants the land, and
does not clear cut. An old growth condition can't be developed without some thinning and
management, which has a cost. She doesn't understand how the landscape plan is much
different. The DNR must do the landscape plan. It doesn't have a choice. Regarding the
marbled murrelet habitat, it would have the buffer areas as habitat. McFarlane stated the
slide illustrations indicate what is happening in those areas. It may not be directly related
to timber management. The commercial versus natural management, when replanted,
trees planted are for value of harvest, not diversity of species and tree ages. The landscape
plan is specific to the State, and he's said that before. It sets guidelines and limitations,
and the State abides by those guidelines. The marbled murrelets nest in mature trees and
then fly to the saltwater when they're mature. The State says that it's not necessary to
pass on the HCP restrictions if the County takes of the land, because the intent is that the
forests would grow larger as a park environment, which would benefit the marbled murrelet
habitat. He hopes that the DNR considers the hazard areas and doesn't plan cuts in the
hazard areas. The County would avoid those areas. Cutting or removing timber and
building roads farther up impact those areas. A number of informal trails would need to be
abandoned or moved to more stable areas.
Mann stated the County undertakes liability for all its properties and facilities,
including roads. The County has insurance for that. Parcel reconfiguration was intended to
get the steep slopes out of forest management. McFarlane stated these are natural events
that occur, and the County is not responsible for them. The County has protection under
the recreational use statute. Anything above and beyond that must be discussed with the
County's risk manager. The County already deals with those things all the time. The
County already practices good maintenance of culverts and all infrastructure. It's not
different from any other County park area. The intent of the reconfiguration was to
minimize active harvesting and roads on those most critical areas.
Kershner stated they don't have a park plan for this area yet. She asked the thought
process when this started, about putting that plan in place first so there would be less
controversy about what this reconveyance would look like. It seems like the park plan
should be done before the reconveyance. McFarlane stated the County can spend a lot of
time putting together a plan for property which the County doesn't own or control, and then
decide not to do the reconveyance. Typically, the County only develops a conceptual plan
until land is acquired. With State Environmental Policy Act (SEPA) and permit requirements,
they would be planning on another agency's property. They typically don't do that.
Determining trail locations, for example, takes a lot of resources. They must balance what
resources the County spends before and after the process.
Kershner stated she has ideas for recreation and managing timber resources,
including creating a road to views for people who don't hike, implementing all the
recreational activities the Council talked about at its last meeting, and managing the timber
resources to generate revenue that will pay for some of these things. She is inclined to vote
for the reconveyance, but there is no guarantee that her ideas will be implemented. She
may need to get some guarantees. McFarlane stated the permit process also influences
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where things are located and how much things cost. They could find ways to generate
revenue to pay for amenities.
Brenner stated the land is all State land. There is no private land in this area. They
have not heard anything about Galbraith Mountain in over a year. She asked why the
County isn't also dealing with something that has already been improved and needs money
from the County. It's easy to get the recreation community excited about this if they don't
focus on Galbraith Mountain. McFarlane stated that property is off the market.
Brenner stated it wouldn't be off the market if the County was interested in doing a
deal, but this came up instead. The County could end up losing Galbraith Mountain. She
doesn't understand why the County isn't talking about buying that land, which already has
recreational uses on it.
Kershner asked if the timber industry was consulted about today's presentation.
McFarlane stated his information comes from the DNR, which manages those lands. Today
is about moving forward with the forest management aspect, without getting into the depth
of timber sales options and details.
Kershner stated Councilmember Knutzen was going to work on a timber advisory
committee to get input formally from a timber industry group.
Crawford asked for a pro and con discussion on the removal of the acreage he
discussed. There was concern that certain viewpoints in the area would be removed or
compromised, and the ability to create public access to those viewpoints might be a
concern. Another concern was that the tower peaks are taken out in some of the areas. It
brings up the question of the revenue that comes from those. He hasn't come up with a
summary of his proposal, other than there were fewer landslide areas. Another concern
was making the trail easement contiguous with the trail system at Squires Lake. His intent
was to condense the area that would be better for preserving as park land and leave the
area that is best left under DNR control. McFarlane stated it's easier for the County to put
trails through for recreation as property owners rather than go through a State agency.
However, it's an option. The County could also reconvey the areas and manage the areas
under the same prescription they're managed now with the DNR. The Council could ask the
DNR to stay away from certain hazard areas. The timber harvest revenues would be
distributed as they are today.
Brenner asked if it would not cost the County any more to reconvey and have the
State manage the land than leave it under State management. McFarlane stated the State
still gets the 22 percent of the revenue. The State's fees are paid from that revenue.
Brenner asked if there is no charge to have the State manage the lands differently.
McFarlane stated that if there is another prescription without any revenue, the County will
have to pay for the management.
Brenner asked why the County would reconvey those areas. McFarlane stated the
purpose of the reconveyance of those areas is for ease of creating and managing recreation
and trails.
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Brenner stated they can already do that with the landscape plan. McFarlane stated
that isn't the mechanism the State or County uses.
Brenner stated she was involved in the landscape plan. That was one of the uses.
The State initially didn't want to agree to it, but the DNR voted to do it. The County has
never taken advantage of it, but it's there.
Knutzen asked if the County must compensate the DNR for managing the property.
McFarlane stated the State will take revenue that comes from the timber harvest. If there
are other things for which the County contracts with the State, there will be costs. It's the
County's responsibility to put together the park plan or forest management plan.
Crawford asked about revenue from communication towers. McFarlane stated there
is only one tower site in the area. There are no towers on the east side of the lake. If not
reconveyed, the State would continue to negotiate those leases. Now, there is about
$90,000 in revenue. The State may take that money and distribute it to the junior taxing
districts. He's not sure how they distribute that money.
Crawford asked if the County administration has thought of the impact in annual
revenue and how it relates to the overall annual cost of running this park. He asked if the
$90,000 was considered. The public is concerned about the cost to the County of
maintaining the park. This revenue could offset the annual cost. He asked the annual cost
of operating the park. McFarlane stated the cost would be about $150,000 if everything is
ready to go. That cost is above the cost today without the reconveyance. Part of the tower
revenue goes into the road maintenance fund for road improvements, leaving about
$80,000 in revenue from the tower sites. Those are short-term leases. About 50 percent of
operating cost could come from tower site revenue.
Kershner stated they would discuss cost at the next meeting. The other discussion
item is the preferred forest option. McFarlane stated the Council may meld the options for
managing the forest.
Kershner stated she's in favor of including the amount to pay for things they want to
Brenner stated she would like to have a discussion at the next meeting about
Galbraith Mountain. At some point, they will close it down if the County doesn't deal with it.
That area is close to town, is already being used, and works well. Also, she hears from
many people about allowing lots of different uses on a lot of the property. She would like to
know how much property will be accessible for recreation and how the County will make
that happen.
Crawford stated all the councilmembers have to discuss all the recreation use options
that they would like developed in the park.
Kershner stated the next meeting should be strictly devoted to cost. After that, the
Council can decide on more information for the administration to bring forward.
survey.
Knutzen stated he prefers to address the risk assessment when discussing a geologic
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Kershner stated she would like the administration to look at all the recreation options
that were brought forward at the first meeting, and assign a cost for implementing those
options. She would also like to know if there is enough harvestable timber land still in the
park area that could help pay for some of the recreational programs and projects.
Brenner stated she would like to have a meeting to discuss the other side of the
issue. She would like to hear from the forestry community about whether the landscape
plan solves most of the things they've been talking about.
Crawford stated the County has a geologist on staff, who may be a good person to
address steep slopes.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:05 a.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Special Committee of the Whole, 1/29/2013, Page 7
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WHATCOM COUNTY COUNCIL
Committee of the Whole
January 29, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 6:32 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
1. DISCUSSION ON PROPERTY ISSUE WITH EXECUTIVE JACK LOUWS AND LEGAL
COUNCIL RELATED TO GROWTH MANAGEMENT ACT UGA (AB2013-018)
Attorneys also present: Royce Buckingham
Kershner stated that discussion of agenda item one may take place in executive
session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later than 7:00
p.m. If the meeting extends beyond the stated conclusion time, she will step out of the
meeting to make a public announcement.
Crawford moved to go into executive session until no later than 7:00 p.m. to
discuss the agenda items pursuant to the RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Crawford, Kershner, Mann and Kremen (4)
Nays: None (0)
Absent: Brenner and Knutzen (out of the room) and Weimer (3)
OTHER BUSINESS
ADJOURN
The meeting adjourned at 7:00 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Committee of the Whole, 1/29/2013, Page 1
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Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair
Jill Nixon, Minutes Transcription
Committee of the Whole, 1/29/2013, Page 2
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WHATCOM COUNTY COUNCIL
Regular County Council
January 29, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7: 02:32 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner and Pete Kremen.
Absent: Carl Weimer.
FLAG SALUTE
ANNOUNCEMENTS
(7: 03: 02 PM)
Kershner announced there was a discussion of forestry management planning
for the Lake Whatcom trust lands proposed for reconveyance (AB2012-066F)
(second of three meetings to be scheduled to discuss various aspects of the
reconveyance proposal) during the morning Special Committee of the Whole.
Kershner also announced there was discussion on a property issue with
Executive Jack Louws and legal council related to Growth Management Act UGA
(AB2013-018) in executive session during the Committee of the Whole meeting.
Mann moved to authorize the Council Chair to sign a letter on behalf of Whatcom
County citizens to the U.S. Department of Interior in opposition to the proposed transfer of
Whatcom County land into trust for the Lummi Nation.
Kershner read the letter into the record.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
PUBLIC HEARINGS
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1. RESOLUTION REGARDING A PETITION FOR THE VACATION OF
BRIDGEWATER STREET (SHIPYARD ROAD) AND DEARBORN AVENUE, FILED
BY JAYME GILDAY AND JEAN ALLEN, ET AL (AB2012-272A) (7:08:12 PM)
Kershner opened the public hearing, and the following people spoke:
Jayme Gilday submitted a handout (on file) and stated she is the co-owner of the
property and co -petitioner for the vacation of the road right-of-way. The right-of-way is
larger than that of other roads. The road has no center line, isn't widely traveled, and is in
the same location as it has been since it was platted in 1896. The unusually large right-of-
way qualifies it for this proposed road vacation. The house was originally built in 1910, and
remodeled in the footprint in 2004 and 2005, without knowledge that it was on the right-of-
way. They discovered the right-of-way during a survey in 2006.
County Engineer Joe Rutan was not able to recommend the vacation based on the
possibility that the property could be annexed to Blaine, since it's in the urban growth area.
Blaine's Director of Public Works has addressed that concern and provides conditions under
which the City could agree to the vacation. She proposed a revised vacation in compliance
with Director's guidelines. Approve the compromise.
Bill Bullock, City of Blaine Assistant Public Works Director, submitted a handout (on
file) and stated the City of Blaine has evaluated the property and offered an alternative to
extend the north property line to about five feet beyond the building. The revision would
accommodate all existing utilities and power lines, including clear zones from the power
lines. The vacation would clear the cloud of title on the property, and still maintains the
maximum level of right-of-way that may be needed it the future.
Kershner asked if this is in the urban growth area, not the Blaine city limits. Bullock
stated that's correct.
Kershner asked how the remodel permits went through. Bullock stated that was a
County process.
Kremen asked if the City discussed it's revision with the proponent. Bullock stated
he has. The proponent's compromise is similar to, but not exactly the same, as the City's
proposed revision. The proponents compromise would work, but this proposed revision is
much simpler.
Joe Rutan, Public Works Department, stated the road vacation report focus is very
narrow. It addresses only whether it is a public benefit. In this case, there is not a public
benefit. There is risk to the house being in the right-of-way. His recommendation was not
based on Blaine's comments. The redesign that is being proposed would not change his
report to deny the vacation.
Hearing no one else, Kershner closed the public hearing.
Crawford moved to approve the resolution as presented in the Council packet, for
discussion purposes.
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Brenner asked what the Planning Department staff recommended in their memo.
She tends to agree with the proposal brought forward by the City of Blaine. Rutan stated
the Planning Department supports a vacation.
Brenner stated she met with Joe Rutan and Jayme Gilday about this. She was not
supportive of the vacation because it's in the urban growth area (UGA) and will be part of
the city at some point. However, it looks like their just talking about adding a small piece to
make the house whole and also not impede on Blaine's future plans for the road. It seems
like the compromise will, benefit everyone.
Kershner asked how this house was remodeled in 2004 when it was in the right-of-
way. Rutan stated the property wasn't surveyed in 1910 when the house was originally
built. Someone used the road as a monument and built back from it. However, the road is
very off center of the right-of-way. A remodel permit doesn't require a survey. The owner
surveyed the property to deal with other lines and found out about the right-of-way, and is
now seeking resolution.
Kershner asked the cost of the application fee. Gilday stated the fee is $682.
Crawford asked about the public benefit. The County vacates roads for public
benefit. He asked for an example of when there would be a public benefit. Rutan stated
the most recent was the reconstruction of Saxon Road away from the eroding bank. There
have not been many vacation requests in the past ten years.
Crawford asked if public benefit is defined. Rutan stated the Council and Public
Works Committee have discussed that question. He's tried to make his recommendations
consistent.
Crawford asked the legal status of the owner if the County does not vacate the right-
of-way. Rutan stated it has not been a problem for the County or the owner. Things are
developing out there, including a sewer line and new houses. It's hard to predict the future.
The County would not make the owner move. The County won't do any development in the
right-of-way, but as properties around it develop, there could be a need for right-of-way for
utilities.
Crawford asked if Whatcom County has ever made a residence move out of the
right-of-way. Rutan stated County has found unpermitted structures built in the right-of-
way, and the County will require the owner to remove the structure. When he worked for
the Department of Transportation, a structure in the right-of-way was a residence. In this
case, only half of the residence is in the right-of-way, so the Department had to pay for only
half of the relocation cost. Whatcom County has not made someone leave their home, to
his knowledge.
Brenner asked if Mr. Rutan would have a problem if the area were vacated. Rutan
stated he will not have a problem if his recommendation were overruled. He thought it very
important that the Council hear the comments from the City of Blaine because the property
is in the UGA, and any development would be the City's problem.
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Crawford asked if they can amend the vacation without charging another fee. Rutan
stated that because the proposed vacation area is larger than what is being considered, it
would not need a new public hearing.
Crawford stated he will vote against the vacation, but encourages staff to work with
the applicant without additional cost to the applicant and bring forward a new vacation
proposal similar to what the City of Blaine recommends.
Brenner stated it would be easier to hold this item and ask staff to prepare an
amended resolution. Rutan stated the applicant would have to produce this, not the Public
Works staff. They will have to hire a surveyor to survey and map the proposal. He won't
have to write a new engineer's report. He will work with the applicant and surveyor, but not
produce the application.
Brenner asked if the Council must vote against this resolution or is able to hold it and
modify it.
Crawford stated he is more comfortable supporting that if the surveyor provides
exact lines. There will be a minimal cost to the person to have the map redrawn, but it
won't be much. If Blaine is proposing an actual corner, their staff would probably want a
marker on that corner. In the future, everyone needs to know where that spot is.
Kershner stated she is ready to vote in favor of the applicant's map.
Brenner stated having the whole area in the vacation could produce problems for the
County or City of Blaine in the future. The City would have to buy property back if it needed
to do anything. The Council must remember all the taxpayers.
Jack Louws, County Executive, stated the Council could ask Public Works staff,
applicant, and City of Blaine to prepare a modified proposal for Council consideration at a
later date.
Kershner asked how much extra it will cost the applicant.
Crawford stated the applicant will probably have to pay another $400 to get a new
sketch from the surveyor.
Kremen stated he finds it hard to swallow the fact that the County has been
collecting property taxes on a residence for over 100 years, indicating to him that the
residence is a legal residence. Now, the County is saying it's not a legal residence. It's a
poor reflection of the way the County operates. If this were between two civil parties, there
would be prescriptive rights. He's not encouraged by this whole issue. He'd like to see an
amicable solution, so the property owner is made whole.
Brenner stated she understands, and the proponent is sympathetic. However,
buyer's must beware. It's terrible that it happened, but sometimes things happen. There
was never a survey. It's not the County's job to go out and survey property. It's
unfortunate this happened. They are coming to an amicable solution.
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Gilday stated her great aunt bought the property in 1918. She eventually inherited
the property. No one was culpable for not having the property surveyed.
Brenner stated she had her property surveyed when she remodeled her 100-year old
farmhouse. It's not the County's job to do the survey, and it's not the owner's fault she
didn't know.
Crawford withdrew his motion to approve and moved to postpone consideration
until the Council receives further information.
Kershner asked if the councilmembers are willing to accept the proposed revision.
Crawford stated that the councilmembers seem to indicate they are willing, it will
always be speculative and based on the information that is submitted.
Kershner stated she's ready to vote to approve the vacation as presented, so she will
vote against the motion.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Mann (5)
Nays: Kershner (1)
Absent: Weimer (1)
OPEN SESSION
(7:42:43 PM)
The following people spoke:
• Yoshi Revelle spoke about school safety.
• Kris Ungern spoke about the proposed resolution designating the Parks
Improvement Fund to receive grant proceeds generated by the purchase of
the Lily Point Marine Park (AB2013-050).
• Larry Helm spoke about Introduction Item two (AB2013-074) and about
public views regarding gun control.
• Lorraine Newman submitted and read from a handout (on file) about a
proposed resolution designating the Parks Improvement Fund to receive grant
proceeds generated by the purchase of the Lily Point Marine Park (AB2013-
050).
• Gary Lysne submitted and read from a handout (on file) about the proposed
resolution designating the Parks Improvement Fund to receive grant proceeds
generated by the purchase of the Lily Point Marine Park (AB2013-050).
• Carl Olsen submitted and read from a handout (on file) about the proposed
resolution designating the Parks Improvement Fund to receive grant proceeds
generated by the purchase of the Lily Point Marine Park (AB2013-050).
• Dan McShane spoke about the Lake Whatcom reconveyance.
• Skip Richards spoke about Introduction Item 2, a budget amendment
regarding water supply plan.
• Joe Erickson submitted a handout (on file) and spoke about proposed sites for
Whatcom County jail.
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• Donna Clark spoke about the Lake Whatcom reconveyance.
• Rudd Browne submitted a handout (on file) and spoke about the Lake
Whatcom reconveyance.
• Ellen Baker submitted and read from a handout (on file) about the proposed
resolution designating the Parks Improvement Fund to receive grant proceeds
generated by the purchase of the Lily Point Marine Park (AB2013-050) and
about the Planning Unit.
• Kris Halterman submitted a handout (on file) and spoke about the Lake
Whatcom reconveyance, the Whatcom Integration Team (WIT), and the
proposed resolution designating the Parks Improvement Fund to receive grant
proceeds generated by the purchase of the Lily Point Marine Park (AB2013-
050).
• Rand Jack spoke about the Lake Whatcom reconveyance.
• Jean Quinlivan spoke about the proposed resolution designating the Parks
Improvement Fund to receive grant proceeds generated by the purchase of
the Lily Point Marine Park (AB2013-050).
• Chet Dow spoke about Introduction Item two (AB2013-074) and the Planning
Unit.
• Ray Baribeau spoke about the jail planning process.
• Jason Reimer spoke about the Planning Unit and the Lake Whatcom
reconveyance.
CONSENT AGENDA
(8: 26: 41 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items two, three, and five through 22. He withdrew Consent
Agenda items one and four. Item four is held in committee.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF LYNDEN TO PROVIDE FUNDING FROM THE ECONOMIC
DEVELOPMENT INVESTMENT PROGRAM FOR THE CITY OF LYNDEN'S WATER
TREATMENT PLANT PROJECT, IN THE AMOUNT OF $6,000,000 (AB2013-036)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request. He stated that he is, however, strongly against the request. The
Economic Development Investment (EDI) fund dollars are for economic development. The
City of Lynden asked the County to loan them $4 million and give them $2 million for a new
water treatment plant. This request doesn't meet the criteria for an EDI handout. It would
be the biggest EDI gift ever for an infrastructure item the County won't be involved with.
Giving $2 million to 12,000 people is a lot. It's a small segment of the population, and
there is no nexus with economic development. Arguments for water in terms of economic
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development could be extrapolated to the entire county, so they might as well give $60
million to the City of Bellingham for Lake Whatcom. One can justify anything with that
logic.
He also doesn't like this because the City of Lynden put a hold on building permits
because it didn't have enough water. This is about the issue of who pays for growth. This
is a good example of how development costs all the people of the county. Impact fees
never cover the cost of development. The population at large is asked to fund growth in a
small area. He asked people on the far left and far right of the political spectrum, and no
one thought it was a good idea. He doesn't understand why people think this is a legitimate
request. Let the ratepayers pay for their own water. He won't support the request.
Brenner stated she respectfully disagrees with Councilmember Mann. The EDI fund
is dedicated to economic development. The majority of the benefit would be for economic
development in Lynden. They've used the EDI fund money for things that have much less
impact on economic development. They are spending millions of dollars on Lake Whatcom.
Part of an area in Lynden has a lot of potential for industrial development, but it was put on
hold due to the water issue. The Mayor of Lynden said they're working with the State,
which says it can move ahead. This is an opportunity for Lynden's economic development.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, and Kershner (5)
Nays: Mann (1)
Absent: Weimer (1)
2. RESOLUTION ACCEPTING THE TREASURER'S LIST OF PETITIONS FOR
PROPERTY TAX REFUNDS (AB2013-051)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR EXPENSES INCURRED IN THE PROMOTION OF
THE OPERATION OF THEIR VISITOR INFORMATION CENTER AND THEIR
MISSION TO PROMOTE TOURISM AND OVERNIGHT STAYS IN WHATCOM
COUNTY, IN THE AMOUNT OF $78,505 (AB2013-052)
4. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND MT. BAKER FOOTHILLS
CHAMBER OF COMMERCE FOR EXPENSES INCURRED IN THE PROMOTION OF
THE BAKER — BIRCH BAY TOURISM PROMOTION PROJECT, IN THE AMOUNT
OF $123,500 (AB2013-053)
Mann reported for the Finance and Administrative Services Committee and stated
this item is held in committee pending the receipt of information from the Chamber of
Commerce and the Whatcom County Tourism Bureau. Make sure the various agencies
aren't duplicating services.
5. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ELLIOTT BAY DESIGN GROUP,
LLC FOR ON -CALL SUPPORT FOR THE LUMMI ISLAND FERRY SYSTEM, IN THE
AMOUNT OF $30,000 (AB2013-054)
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6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND BENNETT
ENGINEERING FOR LANDFILL MONITORING SERVICES, IN THE AMOUNT OF
$8,045, FOR A TOTAL AMENDED CONTRACT IN THE AMOUNT OF $104,335
(AB2013-055)
7. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM FAMILY AND
COMMUNITY NETWORK FOR BUILDING HEALTHY COMMUNITIES PROGRAM
ACTIVITIES, IN THE AMOUNT OF $60,000 (AB2013-056)
8. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY SHERIFF'S OFFICE
AND THE WHATCOM COUNTY HOUSING AUTHORITY TO ASSIST IN
COLLECTING, ORGANIZING, AND PREPARING DATA AND REPORTS
RELEVANT TO THE HOUSING AUTHORITY PROPERTIES AND TENANTS AS
WELL AS PROVIDING SUPPORT FOR THE CRIME ANALYSIS UNIT, IN THE
AMOUNT OF $55,650 (AB2013-057)
9. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
ANNUAL PURCHASE OF RADIO EQUIPMENT IN 2013 FOR SHERIFF'S
VEHICLES USING THE WASHINGTON STATE CONTRACT, FROM VENDOR
MOTOROLA FOR THE EQUIPMENT AND VENDOR COMMUNICATIONS
NORTHWEST FOR THE INSTALLATION, IN THE APPROXIMATE AMOUNT OF
$50,000 (AB2013-058)
10. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE 2013 — 2014 ANNUAL SUPPLY OF LIGNOSITE FROM
MEENDERINCK, LLC, A SOLE SOURCE PROVIDER, IN AN APPROXIMATE
AMOUNT OF $50,000 PER YEAR (AB2013-059)
11. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
2013 — 2014 ANNUAL PURCHASE OF GUARDRAIL AND RELATED REPAIR
PARTS AND SUPPLIES USING THE WASHINGTON STATE CONTRACT, FROM
VENDOR CORAL SALES, IN AN APPROXIMATE AMOUNT OF $40,000 PER
YEAR (AB2013-060)
12. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE 2013 — 2014 ANNUAL SUPPLY OF AUTO PARTS, USING
THE WASHINGTON STATE CONTRACT, FROM LOCAL VENDORS, IN AN
ESTIMATED AMOUNT OF $80,000 PER YEAR (AB2013-061)
13. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE ANNUAL SUPPLY OF LUBRICANTS USING THE
WASHINGTON STATE CONTRACT, FROM VENDOR REISNER DISTRIBUTOR,
INC., IN THE APPROXIMATE AMOUNT OF $35,000 (AB2013-062)
14. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE 2013 — 2014 ANNUAL AUTOBODY REPAIR SERVICES
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USING THE WASHINGTON STATE CONTRACT, FROM VENDOR CEI GROUP
WITH GITT'S AUTOBODY OF FERNDALE DOING THE ACTUAL REPAIRS, IN AN
APPROXIMATE AMOUNT OF $80,000 PER YEAR (AB2013-063)
15. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2013 USING AN
INTERLOCAL AGREEMENT WITH LEWIS COUNTY FROM VENDOR SHERWIN
WILLIAMS, INC. (AB2013-064)
16. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2013 USING AN
INTERLOCAL AGREEMENT WITH PIERCE COUNTY FROM VENDOR ENNIS
PAINT (AB2013-065)
17. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF WATERBORNE TRAFFIC LINE PAINT FOR 2013 USING THE
WASHINGTON STATE CONTRACT, FROM VENDOR, ALPINE PRODUCTS INC.
(AB2013-066)
18. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID #12-82
TO THE LOW BIDDER, TRAFFIC SAFETY SUPPLY, FOR THE ANNUAL SUPPLY
OF TRAFFIC CONTROL SIGNS, IN THE AMOUNT OF $85,208.31 PER YEAR
FOR UP TO THREE RENEWALS (AB2013-067)
19. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF LIGHT BARS AND RELATED EQUIPMENT IN 2013 FOR PATROL
VEHICLES USING THE WASHINGTON STATE CONTRACT, FROM VENDOR
AUTO ADDITIONS, INC. IN AN APPROXIMATE AMOUNT OF $70,000
(AB2013-068)
20. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE 2013 — 2014 ANNUAL SUPPLY OF TIRES, TUBES AND
SERVICE USING THE WASHINGTON STATE CONTRACT FROM LOCAL
VENDORS, IN THE AMOUNT OF $75,000 PER YEAR (AB2013-069)
21. REQUEST AUTHORIZATION TO APPROVE THE PURCHASE OF THE ANNUAL
SUPPLY OF GLASS BEADS FOR TRAFFIC MARKING PAINT USING THE
WASHINGTON STATE CONTRACT, FROM VENDOR ALPINE PRODUCTS, IN AN
APPROXIMATE AMOUNT OF $100,000 (AB2013-070)
22. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO APPROVE THE
PURCHASE OF THE ANNUAL SUPPLY OF ASPHALT PRODUCTS USING THE
WASHINGTON STATE CONTRACT, FROM VENDORS ALBINA ASPHALT,
ARROW CONSTRUCTION SUPPLY, LAKESIDE INDUSTRIES, LIQUID
CONCRETE, PARTNER CONSTRUCTION PRODUCTS, SPECIAL ASPHALT
PRODUCTS, SOUND REFINING, WILLIAMS FORM ENGINEERING, AND
CRAFCO, IN THE AMOUNT OF APPROXIMATELY $40,000 (AB2013-071)
OTHER ITEMS
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1. ORDINANCE CLOSING THE SHERIFF'S OFFICE LEGACY PETTY CASH FUND
(AB2013-041) (8:36:26 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
2. ORDINANCE ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT
2013-2014 (AB2013-042) (8:37:15 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the substitute ordinance with the correct figures.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
3. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, FIRST
REQUEST, IN THE AMOUNT OF $234,944 (AB2013-043) (8:38:43 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
Brenner stated she is against the item dedicated to paths and trails. The money to
fund the park river walk is from the real estate excise tax (REET) II fund. That money can
also be used for stormwater facilities and roads, both of which the County will need for the
jail facility. There isn't enough money in the REET II fund to pay for that jail infrastructure.
Instead, those funds can come from the park improvement fund and a trail and walk fund
that is embedded in the road fund. The REET II funds should be used for essential costs
associated with the new jail. Otherwise the County will have to ask the public to pay more
money for it. Be tight with any money that be used on the new jail.
Jack Louws, County Executive, stated this is funding carried forward from 2012 and
is to complete a project that has already started. Work had been held up due to permitting.
Don't hold up this item. He hasn't had the opportunity to do any research on the trail fund
embedded in the road fund, to find out if the transfer of those funds would be appropriate
for this project. Many projects are planned for the next few years that would be able to use
those funds. He recommends approval.
Kershner asked why it was originally funded by REET II instead of the park
improvement fund. Louws stated he doesn't know what the original plans were.
Brenner stated she asked back then to do it, but no one agreed with her.
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Crawford stated the Parks Department forwarded maps of the project. The design
work is good.
Mann asked if it's possible to use EDI funds for the jail.
Kremen stated it is not. Unfortunately, the Port of Bellingham and City of Bellingham
went to the legislature. The County was able to, up to a few years ago, but the Port and
City collaborated to prevent the use of EDI funds for any correctional facility.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Mann and Kershner (4)
Nays: Knutzen and Brenner (2)
Absent: Weimer (1)
4. RESOLUTION IN THE MATTER OF THE SALE OF SURPLUS PROPERTY AND
SETTING OF A DATE FOR PUBLIC HEARING PURSUANT TO WCC 1.10
(AB2013-049) (8:44:09 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
Brenner stated she doesn't usually vote for items that are put out for surplus for no
reason other than mileage, but they received a reason for the surplus. The property is in
terrible shape. She supports the motion.
Crawford stated the dog will not be put up for sale. It is going to a good home.
Kremen stated the dog in question served the County citizens for seven years. She
has hip dysplasia and is going to a very caring and loving home.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
5. RESOLUTION DESIGNATING THE PARKS IMPROVEMENT FUND TO RECEIVE
GRANT PROCEEDS GENERATED BY THE PURCHASE OF THE LILY POINT
MARINE PARK (AB2013-050) (8:45:52 PM)
Jack Louws, County Executive, stated this is an exit recommendation of the State
Auditor. The money has not been spent. He read the exit recommendation. He would like
clarification from the Council of where the money should go. If there is no action or a
negative vote on the resolution, he will see that the money goes back into the conservation
futures fund. This is the appropriate approach to resolving the problem once and for all.
Knutzen asked if the interest earned on the money is also being transferred. Louws
stated that if they can identify the interest, he will instruct the Finance Division. County
policy is that interest in all the funds goes into the general fund.
Crawford moved to approve the resolution for the purpose of allowing discussion.
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner stated she was shocked the State Auditor didn't make this situation a
finding. She contacted the Attorney General's Office and Municipal Research Service. They
were both surprised it wasn't listed as a finding. She doesn't think it was intentional, but
the resolution implies that the Council may have informally moved the funds. The Council
voted in the ordinance to reimburse the conservation futures fund. It didn't have anything
to do with the Attorney General not restricting the funds. She is opposed to the resolution.
Crawford stated he thanks Chet Dow for his perspective and good questions. The
community has a good reason for feeling this wasn't handled well. After much thought, he
is against the resolution to put the funds into the parks fund. However, the return of this
money is a problem. The ongoing accumulation of millions of dollars in the conservation
futures fund creates more financial pressure to keep acquire rights and interests in property
around Whatcom County, while doing little to nothing to address the management of these
properties. In the purchase of development rights program, the County addresses this
problem by passing the management of those properties to the Whatcom Land Trust. The
community would not want the County to hand off management of park properties to the
Land Trust, and he agrees. He supports having flexibility to use the conservation futures
funds on management and improvements to County park assets. He asked if the $1.5
million could be earmarked for something other than park purchases, such as management
and other purposes, while it's in the conservation futures fund.
Brad Bennett, Administrative Services Department, stated they discussed the
question with the Auditor. The question is whether this grant from the State is subject to
the restrictions specifically to the conservation futures tax levy. According to the Auditor,
there are not those restrictions to these grant funds. The conclusion is that the money
doesn't have the restriction that it must be used to acquire more parks. He understands
that the Council could have the money in the conservation futures fund without restrictions
that are applied to funds levied by the fund.
Crawford stated he favors that approach. Vote against the resolution, and ask the
administration to bring forward another resolution reflecting the flexibility of that money.
Mann reported for the Finance and Administrative Services Committee and stated
this resolution came from committee with no recommendation. A vote against this
resolution just says that the Council does what it promised with County money. The Council
said the money would go into the conservation futures fund. He doesn't care about
earmarking the money. It's nice to have more flexibility with money, but it's not right to
move the money into another fund. He is against the motion to approve the resolution.
Find a way to earmark money within the fund separately from this action.
Kremen stated the accusations and charges made tonight are without merit. People
have a right to have their own opinion and be against the reconveyance. According to
County staff, there was a budget retreat he did not attend on or about 2010 where the issue
was brought up. No one on the Council expressed a concern about it. There was never an
attempt to do anything improper. It was his proposal, with the approval of the County
Council, to reduce in half the amount of money generated by the conservation futures fund,
which ended last year due to a Council vote. At the time, the conservation futures fund had
the largest balance it ever had. The fund enabled the County to acquire 21 parks, at $.30
on the dollar, while he was Executive. It was more important to generate additional
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revenues for the general fund and continue to add to a very healthy conservation futures
fund. The Council went along with it for two years. Last year, the Council decided to revert
back to doubling the amount of money that went to the conservation futures fund. If the
Council decides to put the $1.5 million in the conservation futures fund, it will have
restrictions. The conservation futures fund is now about $4.5 million. This change will bring
the balance to $6 million and add another $1.1 million annually. The money in the parks
fund would best be used and is most needed in the general fund. Right now, State Senator
Erickson is sponsoring a bill in the legislature that will give counties more flexibility to use
the people's money. All the money belongs to the people, regardless of which fund it's in.
That money should be used where it's needed the most.
Brenner stated this is about a Council action that was ignored, intentionally or
otherwise. Funding for the project was requested through the conservation futures fund on
January 28, 2010. The conservation futures funding was to be reimbursed with State grant
funding upon completion of the project. The Council said the money from the State would
go into the conservation futures fund. It's about the law and transparency. None of the
councilmembers knew at the retreat in 2010 that the money had been put in another fund.
The Council doesn't have its own financial person. The Council depends on the
administration to give the Council honest, transparent information. She found about this
when the Parks Director gave the Council information about $1.5 million in a park
improvement fund. When she asked where the money came from, no one answered her. It
took her four months to find out that it was money in an ordinance. The process is what
matters. They must be able to trust the process.
Kremen stated the budget retreats matter. According to his administrative staff, the
issue was brought up at a budget retreat, and the Council expressed no concerns. The
purpose of a budget retreat is to get direction from the Council. He was not at the retreat.
His staff are honest individuals. The implication that things weren't done properly isn't
correct. That's why the State Auditor did not issue a finding or a management letter.
Whatcom County received a clean audit from the State Auditor at it's last budget review.
He's proud of that fact. Everything was done with good intentions.
Knutzen stated he doesn't remember this being said in the budget retreat. There
should be minutes that show the conversation.
Bennett stated it's not specifically referenced in the minutes. They have to listen to
all the meetings where the budget was discussed. He looked through the minutes and
couldn't find a reference to this specific subject. Someone would have to listen to the audio.
Knutzen stated his biggest concern is how this happened and whether it's happened
with other accounts. A number of people said the trust was broken, and have concerns
about government. He wants to know if other similar instances have happened. Bennett
stated they always try to make all the information available. They take it seriously. The
audits and records show that. This misunderstanding is unfortunate.
Knutzen stated all councilmembers have the same misunderstanding. It doesn't
seen anyone remembers the discussion during the budget retreat.
Mann stated the Council relies on the Finance Department and staff. The County has
a lot of staff with integrity and great professional standards. What was done was wrong and
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wasn't a good idea. It's not helpful to say that it was a good idea or that the Council
approved it. Vote against the motion. This is not the time or place for any further
investigation. He commends Councilmember Brenner for her efforts.
Brenner stated she's never missed a retreat. If this had been mentioned, she would
have addressed it right away. She leaves it to the public to decide if it was mentioned at
the retreat. Regardless, the Council doesn't do things like this during a retreat. The
administration still has to bring it forward and go before the public.
Kershner stated it's important that the administration and Council work together.
There must be transparency. In the future, she asked the staff to know that it's
disrespectful to the councilmembers to try and hide things or make things appear differently
than they are. Commit to transparency in government. When items are brought forward to
the Council, the entire truth must be brought forward so the Council can make good
decisions. She does not support the motion.
Kremen stated there were no budget retreats before he became County Executive.
The previous County Executive put together a budget in a vacuum with her staff. Other
counties with a county executive and county council don't have budget retreats, and the
branches don't work together. He created the budget retreats in response to his time as a
former legislator and having budgets given to him by the governors under which he served.
It was a poor way to govern. A more collaborative approach is preferable and more
productive. He's proud of establishing that collaboration with the legislative branch. He will
not recuse himself from the vote, because there is no legal basis to do so. He was elected
by the people of Whatcom County, and he will exercise his right to vote as long as he is
legally able. He cares about working with the legislative body. Now that it's clear the
County Council does not want the $1.5 million in the park improvement fund and wants to
put it in the conservation futures fund, he will vote that way. He wants to be on the same
page as his colleagues. He will vote against the resolution.
Brenner stated she thanks Councilmember Kremen for setting up the budget
retreats. They have been helpful to her. However, that's not the issue.
The motion failed by the following vote:
Ayes: None (0)
Nays: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Absent: Weimer (1)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND DLR GROUP, INC. TO
PROVIDE SERVICES TO PLAN FOR THE NEW WHATCOM COUNTY SHERIFF'S
OFFICE JAIL FACILITY. SERVICES TO BE PERFORMED IN THREE PHASES.
PHASE I TO INCLUDE THE REVIEW, ACCESS, CONDITION AND
METHODOLOGY OF PLANNING FOR THE NEW JAIL FACILITY IN THE AMOUNT
OF $243,470. UPON EXECUTIVE AUTHORIZATION TO COMMENCE WITH
PHASE II AND III AFTER INITIAL PROPERTY REVIEW BY DLR, THE
SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT WILL BE
CONDUCTED IN THE AMOUNT OF $160,986. ITEMIZED COST FOR ALL THREE
PHASES IS $404,456 PLUS $40,446 IN CONTINGENCY, FOR A TOTAL COST
OF $444,902 (AB2013-042A) (9:26:01 PM)
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Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
Brenner stated she thanks Councilmember Knutzen for finding inconsistencies in the
figures.
Kremen stated he agrees with Councilmember Brenner.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
7. RESOLUTION TO SELL TAX -TITLE PROPERTY BY NEGOTIATION TO THE CITY
OF NOOKSACK — REQ. #TR2012-01 (FROM 1/15) (AB2012-413A) (9:27:35
PM)
Crawford moved to approve the resolution. He asked about changing the dollar
amount.
Karen Frakes, Prosecutor's Office, stated the law requires that the amount be no less
than the principal amount of unpaid taxes, which was approximately $495. The figure must
be more than that amount.
Crawford asked if they can specify the sale directly to the City of Nooksack, or if
someone else will be able to bid $501. Frakes stated this has gone out for bid before, and
no one was interested. The law provides that the County can enter into negotiations with
another governmental entity, as long as the County sets a minimum price no less than the
unpaid principal amount of taxes. It won't go out for public bid.
Crawford moved to amend the line 19 of the resolution, "Now, Therefore, be It
Resolved that it is in the best interest of the County to sell: Parcel No.
400429.334247.1111/PID139186 Village of Nooksack Tract E TWN 40N RGE 04E SEC 29 By
negotiation for no less than $2,^� �-n 69 $500."
The motion to amend carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
Brenner stated the property could end up being a burden on the County. It is a
narrow strip of land that the City is maintaining and mowing. At any time, the City can
start charging the County for the work.
The motion to approve as amended carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
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herein is subject to change upon further review and approval by the Whatcom
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8. ANNUAL COUNTY COUNCIL APPOINTMENTS TO FILL VACANCIES ON
VARIOUS BOARDS, COMMISSIONS, AND COMMITTEES: VARIOUS
APPLICANTS (APPOINTMENTS TAKE EFFECT ON FEBRUARY 1, 2013)
(AB2012-358) (9:31:22 PM)
Brenner moved to appoint Gerald Vekved to the vacancy for Planning Commission
District 3.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
Knutzen moved to appoint Dale Yoder to the vacancy on the Noxious Weed Control
Board for District 1.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
INTRODUCTION ITEMS
(9:32:29 PM)
Brenner moved to accept Introduction Items one and three through five. She
withdrew item two.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. ORDINANCE FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR
CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO. 20 (AB2013-073)
2. ORDINANCE AMENDING THE 2013 WHATCOM COUNTY BUDGET, SECOND
REQUEST, IN THE AMOUNT OF $''rC�O 916,635 (AB2013-074)
Jack Louws, County Executive, stated the original request came in for $255,000.
The request was modified to $916,635, which would accommodate the Sheriff's Office
records management system contract. The vendor is holding a spot for the County to begin
implementation. If the County doesn't approve the contract at the next Council meeting, it
will put things out of sorts. He encourages the Council to introduce this item regarding the
records management system. Also approve the funds for the Public Utility District (PUD)
contract so they can have an open and engaged discussion of the fate of that contract and
the direction of Whatcom County regarding water rights. Not introducing the item would
postpone the discussion. Introduction doesn't bind the Council to a positive vote in two
weeks.
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Crawford moved to accept Introduction Item two.
Brenner stated she is opposed to Introducing this item. The Executive has the option
to remove the $255,000 for the public utilities improvement fund. She will support the
ordinance without that item. Louws stated he will leave the ordinance as it is.
Kershner stated introducing the ordinance is the only way the Council is allowed to
discuss the item and figure out which way to go. She will support introduction so the
Council can discuss it.
Brenner stated don't introduce that item. The Planning Unit has to be done. The
contract with the PUD is a conflict of interest. The PUD is in direct competition with all the
other water associations and water districts. There are many things on the agenda. Put
together the Planning Unit before they start these contracts.
Kershner stated introduction is the process for having that discussion.
Kremen stated he agrees with Councilmember Brenner's concerns, but he also
agrees that the item should be introduced. The Council must critically look at the concerns,
but the Council can't do that without introducing the item.
Kershner asked if this item can be discussed in the Public Works, Health, and Safety
Committee in two weeks.
Dana Brown -Davis, Clerk of the Council, stated the items will be scheduled in the
Finance and Administrative Services Committee.
Brenner stated they can still have the discussion without this item being on the
agenda. The Council can have its own discussion. Louws stated it's in the best interest of
the community for the Council to take action on this one way or another. He's receiving
pressure from the community, including the farming community, to begin providing
direction on land use and water. This is the contract that the Joint Board put together. He
will leave the $255,000 in the ordinance.
Brenner stated she understands the concerns from the agricultural community about
water issues. That's the exact reason why this item shouldn't be in the ordinance. They
must start at the beginning with the Planning Unit. A lot of farmers won't be happy if they
see where that contract is going, because they belong to associations and districts that are
in direct competition with the PUD.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Knutzen, Mann and Kershner (5)
Nays: Brenner (1)
Absent: Weimer (1)
3. RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS
PROPERTY PURSUANT TO WCC 1.10 (AB2013-049A)
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4. ORDINANCE AMENDING ORDINANCE 2012-054, ESTABLISHING THE
SHERIFF'S RECORDS MANAGEMENT SYSTEM PROJECT FUND AND
ESTABLISHING A PROJECT BASED BUDGET FOR PHASE 1 OF THE SHERIFF'S
RECORDS MANAGEMENT SYSTEM PROJECT (AB2013-075)
5. ORDINANCE AUTHORIZING AN INTERFUND LOAN TO FINANCE A PORTION
OF THE COST OF REPLACING THE SHERIFF AND JAIL RECORDS
MANAGEMENT SYSTEM (AB2013-076)
OTHER BUSINESS
(9:42:46 PM)
Kershner asked what is the Whatcom Integration Team (WIT).
Jack Louws, County Executive, said he will have Chris Brueske give a presentation at
the next Council meeting on the purpose of the WIT and how and why it was established.
Crawford stated the WIT determined that climate change was the biggest problem
for Whatcom County farmers getting water, and had no option regarding Tribal issues. That
is directly inverse to everything he's heard from the agricultural community about water
issues. He's interested to find out what exactly the WIT is doing.
Kershner stated she wants to know how the WIT is funded and what role it has in the
County water decisions.
Knutzen reported for the Planning and Development Committee and stated there was
a presentation from Perry Eskridge two weeks ago regarding the code scrub. He asked the
status of the committee that will address it and whether Mr. Eskridge can participate.
Louws stated the committee has met, and they agreed that Perry Eskridge would
take a portion of the code from the code scrub committee and rewrite it in plain language.
The committee will then decide whether Mr. Eskridge's services will work out.
Crawford stated he and Councilmember Mann are on that committee. The
Committee is willing now to look at anything.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(9:46:52 PM)
Mann reported he missed the first Council meeting of the year because he was on a
family vacation in Costa Rica. The roads were terrible, the police and justice system is
nonexistent, and corruption is rampant. It's still a great place to go on vacation. He
learned how much he appreciates the government here.
Brenner reported she attended the installation of officers at the Board of Realtors
annual dinner. She was impressed. A politically diverse group of people attended the
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event, and everyone got along. At the beginning of the meeting, at ethics proclamation was
read. Their job is to maintain the highest levels of integrity.
Kremen reported he attended the Local Emergency Planning Council during which
British Petroleum (BP) gave a presentation about everything it's done in this community.
They have put in impressive resources to make the pipeline more safe. They are also very
collaborative and helpful with their personnel and their money. The City of Bellingham,
Whatcom County, and Port of Bellingham are working jointly to work out a deal with the
federal government to use the Olympic emergency center. It would enable all local
emergency management efforts from all jurisdictions to work in one of the top three
facilities in the country. He compliments the Sheriff's Office for trying to acquire that
facility. It would be a tremendous asset for every citizen in the county.
ADJOURN
The meeting adjourned at 9:52 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Whatcom County Council, 1/29/2013, Page 19
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
February 12, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 3:10 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
Attorneys also present: Karen Frakes
1. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES REGARDING
POTENTIAL LITIGATION RELATED TO A PROPOSED ORDINANCE AMENDING THE WCC
TO ALLOW AGRICULTURAL SLAUGHTERING FACILITIES IN THE AGRICULTURE
ZONING DISTRICT (AB2012-300)
Kershner stated that discussion of agenda item one may take place in executive
session pursuant to RCW42.30.110 (1)(i). Executive session will conclude no later than
3:30 p.m. If the meeting extends beyond the stated conclusion time, she will step out of
the meeting to make a public announcement.
Mann moved to go into executive session until no later than 3:30 p.m. to discuss
the agenda item, pursuant to the RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Kremen and Weimer (7)
Nays: None (0)
OTHER BUSINESS
ADJOURN
The meeting adjourned at 3:25 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole -Potential Litigation, 2/12/2013, Page 1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Special Committee of the Whole -Potential Litigation, 2/12/2013, Page 2
145
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-073
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
_ t b -n
IJ
112912013
Introduction
Paula J. Coo er
,�
1u��1 � Q 2 D
�V/ �C
Division Head:
ChrisBrues
1 �a V 1' 2
/
212612013
Hearing
Dept. Head:
Frank Abart
l
JAN 2 2 2013
Prosecutor:
% 13
61 /
Dan Gibson
WHATCOM COUNTY
COUNCIL
Purchasing/Budget.
Executive:
L Z�
Jack Louws
TITLE OF D61OWNT,
An Ordinance Finalizing A Revised System Of Assessment For Consolidated Drainage Improvement District No.
20.
ATTACHMENTS: Proposed System of Assessment for Consolidated Drainage Improvement District No. 20.
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes (X) NO
Requested Date: 212612013
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This ordinance would adopt a revised system of assessment to provide revenue for Consolidated Drainage
Improvement District No. 20. The revised system of assessment is similar to the current system; the assessment
for each parcel is generally based on a combination of the relative ratio of benefit or use and the acreage within
the District. Each property ownerwould pay a proportionate share based on the subsequent total benefit value
within their individual parcels.
The revised system is being proposed to enable automation of the annual assessment roll generation process and
provide a more equitable assessment of benefits.
COMMITTEE ACTION.•
COUNCIL ACTION.•
1/29/2013: Introduced
Related County Contract #.
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www. co. whatcom. wa. uslcouncil.
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
DIRECTOR
TO:
THROUGH:
FROM:
RE:
DATE:
�GpM CD(�
3rP �<
MEMORANDUM
The Whatcom County Executive and
Honorable Members of the Whatcom County Council
Frank M. Abart, Public Works Director
Paula J. Cooper, River and Flo ager
Chris Brueske, Assistant Direct r
RIVER AND FLOOD
322 N. Commercial Street, Suite 120
Bellingham, WA 98225-4042
Phone: (360) 676-6876, (360) 398-1310
www.whatcomcounty.us
l:w
JAN 17 20113
JACK LOUWS
COUNTY EXEC-CU "IVE
Consolidated Drainage Improvement District No. 20 Assessment Revision
January 17, 2013
Enclosed is an Ordinance titled Finalizing A Revised System Of Assessment For Consolidated
Drainage Improvement District No. 20 for your review and signature, subject to a public hearing.
■ Requested Action
The County Engineer respectfully requests that the County Executive and the County Council
adopt an Ordinance revising the system of assessment for Consolidated Drainage Improvement
District No. 20. District Supervisors are in support of the revised system of assessment for the
District.
■ Background and Purpose
This ordinance would adopt a revised system of assessment to provide revenue for
Consolidated Drainage Improvement District No. 20. The revised system of assessment is
similar to the current system; the assessment for each parcel is generally based on a
combination of the relative ratio of benefit or use and the acreage within the District. Each
property owner would pay a proportionate share based on the subsequent total benefit value
within their individual parcels.
The revised system is being proposed to enable automation of the annual assessment roll
generation process and provide a more accurate and equitable assessment of benefits. The
new system utilizes a benefit zone map developed to reflect the relative benefit based on soils
and topography. In addition, a one acre minimum parcel size is being proposed to account for
the increased runoff generated by higher density development.
Please contact Paula Cooper at 50625, if you have any questions or concerns regarding this
matter.
Encl.
I:\FLOOD\106 - Technical Assistance\Special Districts\Drainage\CDID #20 - Kamm, Mormon Ditches\Admin\2013 CDID#20 Re-
assessment Documents\Memo Exec. -Co. Council - CDID20 Assess. Revision.docx
147
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PROPOSED BY: PUBLIC WORKS
SPONSORED BY: PUBLIC WORKS
INTRODUCTION DATE: January 29, 2013
ORDINANCE NO.
FINALIZING A REVISED SYSTEM OF ASSESSMENT FOR
CONSOLIDATED DRAINAGE IMPROVEMENT DISTRICT NO. 20
WHEREAS, the governing body of Consolidated Drainage Improvement District No.
20, at the 2012 Annual Meeting for said District, supported revising the system of
assessment for said District to improve the accuracy and equity of assessments; and
WHEREAS, a revised preliminary system of assessment for Consolidated Drainage
Improvement District No. 20 has been prepared by the County Engineer (see attached) and
public notice has been provided, as required by RCW 85.38.160 (2); and
WHEREAS, said system of assessment will improve the accuracy and equity of
assessments; and
WHEREAS, said system of assessment will improve efficiency by enabling the
automation of the annual assessment roll generation process; and
WHEREAS, a public hearing on said system of assessment was scheduled for and
held on February 26, 2013.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
system of assessment for Consolidated Drainage Improvement District No. 20, prepared by
the County Engineer and/or changed by the County Council, is just and equitable.
Accordingly, the system of assessment, as attached, is hereby approved and finalized and
the assessments set forth are hereby levied for each parcel of land in said District; provided
that any parcel assessment that is less than the cost of billing and collection shall be
cancelled if no other tax, fee, or assessment is levied against the parcel. Initially, the cost
of billing and collection shall be deemed to be one dollar ($1.00) with any increase subject
to agreement of the County Treasurer and County Engineer.
ADOPTED this 26th day of February, 2013.
ATTEST:
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
'-r �,��
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Jack Louws, County Executive
( ) Approved ( ) Denied
Date Signed:
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157
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 — 94
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
Assigned to:
Originator:
J. Nixon
2/8/2013
2/26/2012
County Council
Division Head:
Dept. Head:
Prosecutor:
Purchasin Bud et:
Executive:
TITLE OF DOCUMENT:
Appointment to Community Network: Applicant David Ramirez
ATTACHMENTS:
Application
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action)
Appoint David Ramirez to the Whatcom County Community Network existing vacancy. Term ends 1/31/2016. Community Public health and safety
networks reconnect parent and other citizens with children, youth, families and community institutions which support health and safety.
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.
158
JACK LOUWS �GpM CO C E V CUNCILMEMBERS:
County Executive sP c` LC E Barbara E. Brenner
Sam Crawford
FEB 0 8 2013 Kathy Kershner
Bill Knutzen
�9 0� itN'HATCOM COUNTY Pete Kenn MManann
`SN�NGC n
COUNCIL Cad Weimer
APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS
PLEASE PRINT LEGIBLY and COMPLETE ALL ITEMS
Name
I. -
Date: 5 deb o?O 13
Street Address: =�t KWIC Na
City: CU►AC-1- Zip Code
Mailing Address (if different from street address):
Day Telephone: 360 366-00 0 Evening Tel
E-mail address:
VAI
1. Name of board or committee -please see reverse:
2. You must specify which position you are applying for.
Please refer to vacancy list.
3W -ab6-00 1-7 Cell Phone: "% 13 -603 - 0a I I
3. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying?
(If applicable, please refer to vacancy list.)---------------------
DQ yes ( ) no
4. Which Council district do you live in? -------------------------------------------------------- ( ) One ( ) Two QQ Three
5. Are you a US citizen?----------------------------------------------------- - --- ()C) yes ( ) no
6. Are you registered to vote in Whatcom County? ------------------------
7. Have you ever been a member of this Board/Commission? -------------
If yes, dates:
8. 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? -------------------------------
If yes, please explain:
-------- (x) yes ( ) no
-------- ( ) yes 00 no
------ ( ) yes (Xno
9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community
activitie and education.r_w_
f t r ((o' I IML.
1 BPS .
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10. Please describe why you're interested in 'serving on this board or commission: As a �Aer a 5 1 bel eye_ jJ�
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References (please include daytime telephone number): rjaY\ IlAuseAS 360 - 319 _ I got V
Signature of applicant:
THIS IS A PUBLIC DOCUMENT: As a candidatW-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.
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