HomeMy WebLinkAboutPacket Aug 8 2018WHA1 L'UM
CVUAJ'Y
WUNC;IL AGLNDA BILL NO. AB2018-217
D to Date Received in Council O tce A enda Date Assigned to:
CLEARANCES
Initial
Originator:
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C
0 V E D
7/24/2018
Natural Reources
Division Head:
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JUL 17 2018
WHATCOM COUNT`
COUNCIL
7/24/18
Council
Dept. Head:
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1�1Z''��
8/8/2018
Council
Prosecutor:
Purchasing/Budget.
Executive:
TITLE OF DENT: Resolution regarding a 2018 update to the Whatcom County Agricultural Strategic
Plan — Discussion and Declaration of Support
ATTACHMENTS: Cover memo, proposed resolution, Whatcom County 2018 Agricultural Strategic Plan
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
The Agricultural Advisory Committee and staff will present and discuss the Agricultural Strategic Plan. The
proposed resolution declares support of the Strategic Plan, and affirms support for the County's Agricultural
Program and Agricultural Advisory Committee. Additional information regarding the County's Agricultural
Programs can be found at htt ://whatcomcounE .us/1109/A ricultural-Prn ram.
COMMITTEE ACTION:
COUNCIL ACTION:
7/24/2018: Presented and forwarded to Council for
7/24/2018: Held in Council
approval
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available, for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
SPONSORED BY: Planning
PROPOSED BY: Planning
INTRODUCTION DATE:
RESOLUTION #
DECLARING THE COUNTY COUNCIL'S SUPPORT FOR
THE 2018 WHATCOM COUNTY AGRICULTURAL STRATEGIC PLAN
WHEREAS, the Agricultural Advisory Committee was established under
Whatcom County Ordinance 2001-036 and is governed by Whatcom County
Code Chapter 2.34; and
WHEREAS, the Agricultural Advisory Committee is to provide review and
recommendations to the Whatcom County Council on issues that affect
agriculture, including assistance with establishment, promotion, and
implementation of a comprehensive agricultural protection program; and
WHEREAS, the county has identified 100,000 acres as being the minimum
acreage needed in farming to support a viable agriculture industry in
Whatcom County (RES 2009-040); and
WHEREAS, the county has identified areas outside the roughly 87,500-acre
Agriculture zone where agricultural land protection efforts should be
strengthened (RES 2009-040); and
WHEREAS, the Agricultural Advisory Committee and staff were requested by
the county to recommend options that strengthen farm land preservation
policies in these areas (RES 2009-040); and
WHEREAS, the county has requested the Agricultural Advisory Committee's
2009 list of tools and strategies be further developed with recommendations
made that enable implementation of these tools (RES 2009-040); and
WHEREAS, the Agricultural Advisory Committee conducted open public
meetings in 2010-2011 to develop an Agricultural Strategic Plan that creates
a road map, including specific tasks and priorities for implementing
agricultural protection measures; and
WHEREAS, the Agricultural Advisory Committee unanimously voted to
endorse the 2018 Agricultural Strategic Plan on May 9, 2018; and
2
WHEREAS, members of the Agricultural Advisory Committee and staff
discussed the Strategic Plan with the County Council at the July 24, 2018
Natural Resources Committee meeting;
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby endorses this Whatcom County Agricultural Strategic Plan, and
commits to the time and resources necessary for its implementation; and
BE IT FURTHER RESOLVED that the County Council affirms the important
role of the Agricultural Advisory Committee and Agriculture Program staff in
developing recommendations for appropriate code changes and
comprehensive plan amendments as identified in the Whatcom County
Agricultural Strategic Plan.
APPROVED this _ _ __ day of _ 2018
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY,
WASHINGTON
Dana Brown -Davis, Council Clerk
APPROVED as to form:
Civil e y Prosecutor
Rud Browne, Chairman
3
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Driven
Bellingham, WA 98226-9097
360-778-5900, TTY 800-833-6384
360-778-5901 Fax
Memorandum
TO: Honorable Whatcom County Councilmembers
Honorable Jack Louws, Whatcom County Executive
THROUGH: Mark Personius, Director, PDS iA4P
FROM: Chris Elder, Planner I (?
DATE: July 11, 2018
Mark Personius, AICP
Director
SUBJECT: Discussion and declaration of support for the updated Agricultural Strategic
Plan
On behalf of the Agricultural Advisory Committee, I am pleased to deliver this
Agricultural Strategic Plan and invite your participation with the committee in
discussing its tasks and implementation on July 24, 2018. The enclosed materials
also include a draft resolution through which you may choose to join the
committee and Executive in voicing your commitment to this Plan.
This Plan is a result of Agricultural Advisory Committee members' work over the
past year, with discussions held in their open public meetings between October
2017 and May 2018.
Also incorporated into this Agricultural Strategic Plan is an Agricultural Status
Report which documents the degree to which active agricultural use and other
uses are seen throughout the Agriculture zone and the Rural Study Areas (as
identified in the 2007 Rural Lands Study). This report is intended to continue
documenting conditions and changes within the agricultural landscape of Whatcom
County.
Please contact Chris Elder at (360)778-5932 with any questions or concerns.
10
Whatcom County
Agricultural Strategic Plan.. .. .. . ... ... -- - - - - - ---------------
'
Recommended by the Agricultural Advisory Commitee
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Overview
Whatcom County Council approved Resolution 2009-040 on July 7th, 2009
declaring the County Council's goals for Farmland Preservation, its priorities
for consideration and adoption of policies to further farmland preservation,
and requesting the County Administration to allocate staff support to accom-
modate this important policy initiative.
The Agriculture Strategic Plan was originally created to support the goals of
this resolution and help direct Whatcom County Planning and Development
Services, as well as other County Departments, in achieving the goals and
supporting agricultural efforts throughout Whatcom County. This update
continues those efforts.
This update of the Agricultural Strategic Plan coordinates and integrates the
efforts underway through the:
■ Purchase of Development Rights Oversight Committee
• Agricultural Advisory Committee
• Transfer of Development Rights/Purchase of Development Rights
Workgroup
• Planning Commission
I
• County Council
5
rn-o 2 201 B Agricultural Strategic Plan
Whatcom County Agricultural Advisory Committee
Whatcom County Executive
Whatcom County Courthouse, Suite 108
311 Grand Avenue
Bellingham, Washington 98225
Executive Louws and Council Members,
Whatcom County Council
Whatcom County Courthouse, Suite 105
311 Grand Avenue
Bellingham, WA 98225
May 29, 2018
It has been seven years since the last update of the County Agricultural Strategic Plan, Actions have been
taken and implemented on the plan adopted by the Council in June 2011. The primary work goal of the
Agricultural Advisory Committee (AAC) this year was to complete a review of the 2011 strategic plan,
identify updates, and submit our recommendations to the Council by the conclusion of our May meeting.
We have met our goal by submittal of the accompanying report and recommendations therein.
One of the objectives identified in the 2011 plan was/is, "To ensure a minimum of 100,000 acres of land
area available for agricultural use to maintain the necessary land base to support an economically
viable agricultural industry." The AAC recommends reaffirmation of this objective. We further recommend
that this objective be made a standing goal or policy of the Council.
While this objective is certainly important to the maintenance of an economically viable agriculture
industry in Whatcom County, the associated county policy framework/infrastructure must be aligned to
complement that goal. Toward that end, the AAC recommends asking three filtering questions when
considering ordinance changes that bear upon the agricultural strategic plan:
1. "Will this policy proposal support or hinder the implementation of the ag strategic plan?"
2. "Will this policy proposal support or hinder the maintenance of an economically viable ag sector in
the county?"
3. "Will this policy proposal advance a careful balance between an economically viable ag sector and
environmental objectives in the county?"
Chris Elder is an outstanding member of the county's professional staff. His support to the AAC has been
exemplary, even knowing he has other assigned responsibilities within PDS. Staffing support for the AAC
is critical to the importance of the County Agricultural Strategic Plan. The AAC advocates for additional
staff support to assure timely attention to and completion of the elements of the agricultural strategic plan
that have yet to be fulfilled (see Page 4 of the report). Such an investment on the part of the Council
would underscore its commitment to sustaining an economically viable agriculture sector.
We stand ready to respond to any questions the Council may have regarding the report and
recommendations. As indicated by letter early this year, we also stand ready to work with the Council and
truly be a working, advisory committee.
Respectfully submitted:
Larry Davi , Chair Dave Buys, Vice Chair
Agricultural Advisory Committee Agricultural Advisory Committee
Maned on behall of other r I Advisory Ca i t
Lesa Boxx, Barb Hento, Anna Martin, Jeff Rainey, Kristi Roberts,
Jagjiwan Brar, Mike Hawley, Melodie Kirk, Matthew McDermott
0
Agricultural Strategic Plan
Purpose: To describe the role Whatcom County Planning and Development Services will play in im-
plementing an agricultural program consistent with County Council Resolution 2009-040 and
Comprehensive Plan goals.
The overall objectives of Whatcom County Council as enacted by Planning and Development Services' agricul-
tural program are:
1. To ensure a minimum of 100,000 acres of land are available for agricultural use to maintain the neces-
sary land base to support an economically viable agricultural industry;
2. To advocate for policies and programs which support local solutions and balanced approaches that
protect agricultural and natural resource needs in an effort to ensure economic viability;
3. To support agricultural planning efforts and production techniques that ensure local agricultural produc-
ers engage in strategic conversations about the connections between economic viability and local, state,
and federal regulations, continuing to use the Agricultural Advisory Committee, the Purchase of Devel-
opment Rights Oversight Committee, as well as other local agricultural groups;
4. To create and maintain strong, clear, concise, and effective land and water programs and regulations
that benefit the agricultural industry and are in compliance with federal and state law;
5. To address policy and infrastructure shortcomings that impact local agricultural producers and business-
es, such as farmworker housing;
6. To ensure sufficient physical and intellectual infrastructure, such as research and community education
remain available to support the agricultural industry;
7. To support new and beginning farmers in acquiring farmland and support effective transition of farm-
land to the next generation of farmers; and
8. To effectively measure progress toward these objectives and communicate this with the population of
Whatcom County.
7
2018
Agricultural Strategic Plan Pap. a 1
Strong and Clear Agricultural Programs and Regulations
The overarching highest priority is the continuance and maintenance of the "Agriculture Program" within
the county government. Continuing or additional staff support (a minimum of 1.0 FTE) is necessary in order to
achieve momentum and continuity in pursuit of the agriculture program objectives. The amount and professional
level of support available will determine both the timing and quantity of work achieved. Maintaining support
for the AAC is a key part of an effective agricultural program, as well as the other subtasks below. Programs
and priorities listed below were developed by the Agricultural Advisory Committee and reflect current ongoing
programs and a prioritized list of efforts that the Agricultural Advisory Committee believes should be ad-
dressed to ensure the future of agriculture in Whatcom County.
Immediate Priorities:
Designating Agricultural Lands of Long-term Commercial Significance
Review Agriculture Zoning Code to ensure uses support and do not interfere with overall agricultural use of
property and neighboring properties
Short-term Priorities (over the next 1 to 3 years):
Review Rural Study Areas for additional protective measures
Development of flexible policy framework that allows variable development actions that provide for pro-
tection of the best agricultural areas while supporting development at zoned densities
Medium -term Priorities (2 - 5 years):
Natural Resource Marketplace
.ong-term Priorities (3 to 10 years):
0 Right to Farm Enforcement
Water system planning & agricultural
planning coordination
Mitigation for the loss of agricultural
land
Improved coordination with partner
agencies to support improved agricul-
tural permit review
)ngoing Programs:
Purchase of Development Rights (PDR)
Program
Current Use Assessment through Open
Space Taxation Act
Page S 2018 Agricultural Strategic Plan
Ongoing Programs:
Responding to the loss of County
farmland, Whatcom County Execu-
tive initiated the development of a 0
Purchase of Development Rights
Program in September of 2001. A
PDR Advisory Committee comprised
of farmers, citizens and conserva- PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
tion organizations was instructed to
assist County staff in developing a proposal for County Council consideration. The PDR Program offers a vol-
untary tool for the preservation of productive agricultural land in the County that will:
• Provide farmers with the market based economic value for agricultural land without selling the land.
• Support and promote ongoing agricultural activity by offering an attractive option for farmers and land-
owners.
All applicants for the PDR Program must be within an Agriculture or Rural zoning designation. Valid applica-
tions are reviewed to determine if the acquisition of development rights will promote the PDR program's goals
and priorities. Selection criteria have been developed to guide, but not control, the review and assessment of
eligible properties. Applications are scored based on factors such as soil type and classification, size of parcel
(s), number of development rights offered, proximity to other conserved lands, percent farmed, water rights
availability, as well as conservation and historical significance.
i M
t '.r [pl1tt.
r Rural Study Areas - Agriculture Zone
' Whatcom County
•�r'f,�.rrl PDR Target Areas
- Purchase of Development Rights 2017 _purchased
9
20 1.8
Agricultural Strategic Plan
10ngoing Programs:
Current Use Tax Assessment under Open Space Taxation Act as defined in Chapter 84.34 RCW
• Open Space Farm and Agricultural Land
• Open Space Land Farm and Agriculture Conservation
The Open Space Taxation Act, enacted in 1970, allows property owners to have their open space, farm and
agricultural, and timber lands valued at their current use rather than at their highest and best use. The Act
states that it is in the best interest of the state to maintain, preserve, conserve, and otherwise continue in exist-
ence adequate open space lands for the production of food, fiber, and forest crops and to assure the use and
enjoyment of natural resources and scenic beauty for the economic and social well-being of the state and it
citizens.
Open Space Farm & Agricultural Land (OSAG)
Farm and Agricultural land is defined as either:
1. Any parcel of land that is 20 or more acres or multi-
ple parcels of land that are contiguous and total 20
or more acres and are:
a. Devoted primarily to the production of livestock
or agriculture commodities for commercial pur-
poses
b. Enrolled in the federal conservation reserve pro-
gram or its successor administered by the United
States department of agriculture
c. Other similar commercial activities as may be established by chapter 458-30 WAC.
2. Any parcel of land that is five acres or more but less than twenty acres, is devoted primarily to agricultural
uses, which has produced a gross income from agricultural uses equivalent to:
a. Prior to January 1, 1993, $100 or more per acre per year for three of the five calendar years pre-
ceding the date of application for classification.
b. On or after January 1, 1993, $200 or more per acre per year for three of the five calendar years
preceding the date of application for classification.
3. Any parcel of land that is five acres or more but less than 20 acres, is devoted primarily to agricultural us-
es, and has standing crops with an expectation of harvest within:
a. Seven years and a demonstrable investment in the production of those crops equivalent to $100 or
more per acre in the current or previous calendar year.
b. Fifteen years for short rotation hardwoods and a demonstrable investment in the production of those
crops equivalent to $100 or more per acre in the current or previous calendar year.
4. For parcels of land five acres or more but less that 20 acres, "gross income from agricultural uses" includes,
but is not limited to, the wholesale value of agricultural products donated to nonprofit food banks or feed-
ing programs.
5. Any parcel of land less than five acres devoted primarily to agricultural uses and has produced a gross
income of:
a. Incidental uses compatible with agricultural purposes, including wetland preservation, provided such
use does not exceed 20 percent of the classified land.
b. Land on which appurtenances necessary for production, preparation, or sale of agricultural products
exist in conjunction with the lands producing such products
Agricultural Strategic Plan
c. Any non-contiguous parcel one to five acres, that is an integral part of the farming operation.
d. Land on which housing for employees or the principal place of residence of the farm operator or owner
is sited provided the use of the housing or residence is integral to the use of the classified land for agri-
cultural purposes, the housing or residence is on or contiguous to the classified land, and the classified
land is 20 or more acres.
e. Land that is used primarily for equestrian -related activities for which a charge is made, including, but not
limited to, stabling, training, riding, clinics, schooling, shows, or grazing for feed. Depending on the num-
ber of classified acres, the land may be subject to gross income requirements.
f. Land that is primarily used for commercial horticultural purposes, including growing seedlings, trees,
shrubs, vines, fruits, vegetables, flowers, herbs, and other plants in containers, whether under a structure
or not. For additional criteria regarding this use, please refer to RCW 84.34.020(2)(h).
Open Space Land Farm and Agriculture Conservation (OSFACL)
Farm and Agriculture Conservation Land is defined as any land meeting the definition of "farm and agricultur-
al conservation land," which means either:
a. Land previously classified under the farm and agricultural classification that no longer meets the criteria
and is reclassified under open space land; or
b. "Traditional farmland," not classified, that has not been irrevocably devoted to a use inconsistent with
agricultural use, and that has a high potential for returning to commercial agriculture.
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Agricultural Strategic Plan
Immediate Priorities:
Designating Agricultural Lands of Long-term Commercial Significance
As part of the 2016 Comprehensive Plan Update process, additional language was added to Policy 8A-3.
Policy 8A-3 states that the criteria for designating or de -designating lands under the Agriculture land use des-
ignation shall be considered on an area -wide basis. When applying the following criteria, the process
should result in designating an amount of agricultural resource lands sufficient to maintain and enhance
the economic viability of the agricultural industry in the county over the long term, and to retain agricul-
tural support businesses, such as processors, farm suppliers, and equipment maintenance and repair facili-
ties. One of the criteria was updated to better reflect language from the Washington State Growth
Management Act and the updated language is contained below.
3. The land has long term commercial significance for agriculture. In determining this factor, consider the follow-
ing nonexclusive criteria:
a. The majority of the area contains Prime Farmland Soils as determined by the Natural Resource Con-
servation Service (NRCS).
b. The area may contain 100-year floodplains as delineated by the Federal Emergency Management
Agency (FEMA).
c. Land use settlement patterns, the intensity of nearby uses, and the history of approved land devel-
opment permits are generally compatible with agricultural practices.
d. A majority of the area is composed of agricultural operations that were historically in agriculture
prior to 1985.
e. The predominate parcel size in the area is large enough to adequately maintain agricultural opera-
tions.
f. The availability of public services.
g. The availability of public facilities such as roads used to transport agricultural products.
h. Special purpose districts that are oriented to enhancing agricultural operations such as drainage
improvement, watershed improvement, and flood control exist.
i. The area has a pattern of landowner capital investment in agricultural operations improvements in-
cluding irrigation, drainage, manure storage, the presence of barns and support buildings, en-
hanced livestock feeding techniques, agricultural worker housing, etc.
j. The area contains a predominance of parcels that have current use tax assessment derived from the
Open Space Taxation Act.
k. The area's proximity to urban growth areas.
I. The area's proximity to agricultural markets.
m. Land value under alternative uses.
The Agricultural Advisory Committee will review lands in Whatcom County to determine if the designation of
agricultural lands of long-term commercial significance is accurate based on these updated criteria.
12
P.ope_9 2038 Agricultural Strategic Plan
Immediate Priorities:
Review Agriculture Zoning Code to ensure uses support and do not interfere with overall
agricultural use of property and neighboring properties.
There are many uses currently allowed within the Agriculture District through permitted, accessory, administra-
tive approval, and conditional use permits. The AAC would like to review these uses to determine whether uses
support and do not interfere with agricultural activities in this zone. The Agriculture District zoning code can be
found in Chapter 20.40 of the Whatcom County Code.
Short-term Priorities (over the next 1 to 3 years):
Review Rural Study Areas for additional protective measures
Work with the AAC and greater community to identify if any new or changed zoning designations are needed,
building on the direction outlined in Resolution 2009-040. Once identified clearly and in accordance with RCW
36.70A.170, implement — write draft ordinance to change development regulation language, zoning maps,
and/or Comprehensive Plan language.
Flexible Policy Framework
The AAC believes there needs to be a flexible policy framework that allows variable development actions that
provide for the protection of the best agricultural areas while supporting development at zoned densities. The
AAC supports continued examination of a parcel reconfiguration tool as one development action option.
13
.201.8 Agricultural Strategic Plan raga ZO
L"eium-term Priorities (2 - 5 years):
Natural Resource Marketplace
Work with the AAC and other relevant groups on water issues, density credit program development, and oth-
er planning -related incentive programs that have the potential to use the marketplace to compensate farmers
for the services they provide. This effort was initiated primarily due to farmers' comments that they would be
willing to trade off their ability to develop their land in exchange for obtaining the legal right to water.
Long-term Priorities (3 to 10 years):
Right to Farm Enforcements
The AAC recommendation is to review the Right to Farm ordinance to make it more effective at the farm level.
Work items under this task include looking at strengthening farmers' recourse against those who bring failed
lawsuits against them, coordination with law enforcement with regard to complaints from nearby non -farming
neighbors and to require title companies and real estate professionals to effectively communicate this ordi-
nance with land purchasers.
Water system planning & agricultural planning coordination
The County should pursue a comprehensive water supply plan that includes out -of -stream uses including irriga-
tion and other agricultural water needs. Agriculture program staff need to coordinate to ensure the water
needs of the agricultural community are incorporated into future water planning efforts.
Mitigation for the loss of Agricultural land
The AAC has expressed the desire to explore agricultural mitigation options and potential regulations. Cur-
rently there is the perception that critical area concerns override agricultural concerns. Agricultural lands are
lost due to conversions of the land to development, critical areas banking, and other types of conversions. The
agricultural mitigation task would entail the development of policy recommendations to govern all conversions
away from agricultural land.
Improved Coordination with partner agencies to support agricultural permit review
Project implementation for agricultural projects can be challenging for producers when multiple agency review
is required. The AAC recommends continued coordination with the multiple partner agencies to improve agri-
cultural permit review processes.
14
Pago 11 2018 Agricultural Strategic Plan
Public Outreach, Input and Education
'ublic committees are an invaluable resource for county staff and policy makers. The agricultural community
sees potential changes to county agricultural policies and regulations continuing to go through the Agricultural
Advisory Committee for recommendations, and Purchase of Development Rights policy and transaction recom-
mendations continuing to go through the PDR Oversight Committee. State Growth Management law requires
sarly and continuous public involvement, and these committees are an important way to engage the farming
:ommunity (and others interested) on a regular basis in planning -related agricultural issues.
Nhen it comes time to engage a broader audience in programs or regulatory discussions, farmers recommend
wtreach and publication in their news outlets, and when possible, in -person discussions at meetings already
attended by those in the farming community. Outreach should provide opportunities for farmers to talk with
)ther farmers about their experiences related to county programs.
1Aaintaining these committees also provides the broader public outside the agricultural community to engage in
Discussions related to agricultural programs, policies, and regulations. They are welcomed and accommodated
hrough open public meetings of both advisory committees, as well as the formal public processes that occur as
:hanges make their way through the Planning Commission and County Council.
asks
Maintain regular meetings of Agricultural Advisory Committee
Maintain regular meetings of PDR Oversight Committee
Publish and distribute the Natural Resource Newsletter at least twice per year
Support outreach discussions with agricultural groups and the community at large
Whatcom County Comprehensive Plan
In August of 2016, Whatcom County Council adopted the updated Comprehensive Plan. In Chapter 8, Re-
source Lands, goals related to Agriculture include:
Goal 8A: Conserve and enhance Whatcom County's agricultural land base for the continued production of
food and fiber.
Goal 8B: Maintain and enhance Whatcom County's agricultural product industry as a long-term and sustaina-
ble industry.
Goal 8C: Preserve and enhance the cultural heritage that is related to agriculture.
Goal 8113: Reduce land use conflicts between Whatcom County's agriculture and non-agricultural landowners.
Goal 8E: Work with agricultural land users to find efficient and effective cooperative ways to protect and im-
prove habitat of threatened and endangered species through education and incentive programs.
Goal 8F: Strive to ensure adequate water supplies to support a thriving agricultural sector.
Each Comprehensive Plan goal provides direction to County staff and residents as to the priorities of Whatcom
County. Policies listed under each goal provide additional guidance as to how to meet each goal. Look at Ap-
pendix B for the complete Agricultural Resource Land excerpt from the 2016 Whatcom County Comprehensive
Plan.
15
2018 Agricuituml Strate9k Plan Page 12
Land Available for Agricultural Use
Whatcom County has identified the minimum of agricultural land necessary to be available for agricultural use
as 100,000 acres, in order to keep the agricultural industry — and those businesses that support it — economi-
cally viable.
According to the 2012 AgCensus, there are: (See Page 20-2 7 for additional 2012 AgCensus information)
• 1,702 farms in Whatcom County
• growing crops on 115,831 acres
• contributing to an overall farmgate value of $357 million dollars.
These statistics place Whatcom County as one of the top 10 agricultural economies in Washington State and
one of the top 3 agricultural economies in the Puget Sound region.
In order to address the 100,000 acre goal, an understanding of terms relating to agriculture must be de-
scribed.
• What is agriculture?
Agriculture is defined as the science or practice of farming, including growing crops and raising ani-
mals for the production of food, fiber, fuel and other products. Agriculture in Whatcom County consists of a
diversity of crop types including dairy, raspberry, blueberry, seed potatoes, mixed vegetables, beef, tree
fruits, and several other crop types.
What does it mean for land to be "available for agricultural use"?
Land is generally characterized as being available for agricultural use if the land could be farmed.
This indicates that streams, forests, wetlands, and non -farm related homes and businesses would be unavaila-
ble for agricultural use.
According to the U5 Department of Agriculture:
A Farmer/Rancher is an owner and/or operator who has a vested interest in the operation of the farm or
ranch.
A beginning farmer is defined as one who:
• Has not operated a farm or ranch for more than 10 years
• Does not own a farm or ranch greater that 30 percent of the average size farm in the county as deter-
mined by the most current Census for Agriculture
16
2018
Agricultural Strategic Plan
Lprime Soils in Whatcom County
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Prime farmland is one of several kinds of important farmland defined by the U.S. Department of Agriculture. It
is of major importance in meeting the Nation's short- and long-range needs for food and fiber. Because the
supply of high -quality farmland is limited, the U.S. Department of Agriculture recognizes that responsible levels
of government, as well as individuals, should encourage and facilitate the wise use of our Nation's prime farm-
land (Soil Survey of Whatcom County Area, Washington, USDA, Soil Conservation Service, 1992).
Natural Resource Conservation Service (NRCS) policy and procedures on prime and unique farmlands are pub-
lished in the "Federal Register," Vol. 43, No.21, January 31, 1978, p.4030 through p. 4033. This document
states that prime farmland is land that has the best combination of physical and chemical characteristics for
producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses. It has the soil
quality, growing season, and moisture supply needed to economically produce sustained high yields of crops
when treated and managed, including water management, according to acceptable farming methods. In gen-
eral, prime farmlands have an adequate and dependable water supply from precipitation or irrigation, a fa-
vorable temperature and growing season, acceptable acidity or alkalinity, acceptable salt and sodium con-
tent, and few or no rocks. They are permeable to water and air. Prime farmlands are not excessively erodi-
ble or saturated with water for a long period of time, and they either do not flood frequently or are protected
from flooding.
17
Agricultural Strategic Pion
A ricultu�Zone
The Agriculture Zone consists of 87,353 acres as of May, 2018. This is down from 87,525 acres in 2011,
when the Agriculture Strategic Plan was originally adopted. This loss in acreage is due to expansion of small
cities located adjacent to the Agriculture Zone. The purpose and allowed uses within the Agriculture Zone are
described in Whatcom County Code Chapter 20.40. The primary purposes of this district are to implement the
agricultural designation of the Comprehensive Plan, established pursuant to RCW 36.70A.170, preserve, en-
hance and support the production of food and fiber in Whatcom County, to maintain a sufficiently large agri-
cultural land base to ensure a viable agriculture industry and to maintain the economic feasibility of supporting
services.
Policy 8A-3: The criteria for desig-
nating or de -designating lands under
the Agriculture land use designation
shall be considered on an area -wide
basis. When applying the following
criteria, the process should result in
designating an amount of agricultural
resource lands sufficient to maintain
and enhance the economic viability of
the agricultural industry in the county
over the long term, and to retain agri-
cultural support businesses, such as
processors, farm suppliers, and equip-
ment maintenance and repair facili-
ties. The criteria are as follows:
Jq
rJit
F i
1. The land is not already characterized by urban growth. In determining this factor, the County should consid-
er WAC 365-196-310 and RCW 36.70A.030(19).
2. The land is used or capable of being used for agricultural production. In making this determination, the
County shall use the land -capability classification system of the U.S. Department of Agriculture Natural Re-
sources Conservation Service. These eight classes are incorporated into map units and are based on the
growing capacity, productivity, and soil composition of the land.
3. The land has long term commercial significance for agriculture. In determining this factor, consider the fol-
lowing nonexclusive criteria:
a. The majority of the area contains Prime Farmland Soils as determined by the Natural Resource Conser-
vation Service (NRCS).
b. The area may contain 100-year floodplains as delineated by the Federal Emergency Management'
Agency (FEMA).
c. Land use settlement patterns, the intensity of nearby uses, and the history of approved land develop-
ment permits are generally compatible with agricultural practices.
d. A majority of the area is composed of agricultural operations that were historically in agriculture prior
20:18 Agricultural 5trrAtegik Plan Page 15
to 1985.
e. The predominate parcel size in the area is large enough to adequately maintain agricultural opera-
tions.
f. The availability of public services.
g. The availability of public facilities such as roads used to transport agricultural products.
h. Special purpose districts that are oriented to enhancing agricultural operations such as drainage im-
provement, watershed improvement, and flood control exist.
i. The area has a pattern of landowner capital investment in agricultural operations improvements includ-
ing irrigation, drainage, manure storage, the presence of barns and support buildings, enhanced live-
stock feeding techniques, agricultural worker housing, etc.
j. The area contains a predominance of parcels that have current use tax assessment derived from the
Open Space Taxation Act.
FAgriculture Protection Overla
The purpose of the Agriculture Protection
Overlay (APO), fully defined in Whatcom�
County Code Chapter 20.38, is to maintain
and enhance commercial agricultural activity
and further protect open space resources
within Whatcom County; further the county's
efforts in meeting long-term agricultural
needs; provide a reasonable mix of uses
and activities which may enhance the eco-
nomic resources available to the farm; and
ir
,>
17
provide for a variety of uses within the rural
areas which are not inconsistent with or in-
compatible with the use of lands within the area for agricultural activities.
The Agriculture Protection Overlay applies to parcels:
• Located within any Rural 5 or 10 zone
• larger than 20 acres
■ containing more than 50% APO soils
Parcels meeting the above criteria wishing to subdi-
vide are required to cluster densities and maintain a
large agricultural reserve tract, consisting of at least
75% of the original parent parcel. The intent of this
code was to maintain a large agricultural area while
allowing for development at the density allowed by
the zoning code. 19
Agricultural Strotegli Plan
Rural Study Areas
The Whatcom County Rural Land Study: A Collaborative Report Identifying Rural Areas of Agricultural Signifi-
cance was completed in 2007. The primary objective of the rural land study was to identify and map areas
within the Rural 5 and 10 Zones that are of agricultural significance and may require additional protection to
ensure long-term agricultural viability. Project data was collected that included air photos, APO Soils, Critical
Areas, Assessor data, Purchase of Development Rights Target Areas, and NOAA Coastal Change Analysis Pro-
gram (2004) data based on Landsat Images (2000). The Agricultural Advisory Committee, in conjunction with
PDS staff, identified 9 rural areas comprising over 21,000 acres that have high agricultural value. In 2012,
the rural study areas were re-evaluated and a total 10 rural areas were identified representing 25,407 acres.
The criteria for establishing these areas includes a consideration of
• Proximity to active agricultural areas
• Current land use characterized by Agriculture
• High percentage of APO soils
• Parcelization of the area
• Land use as identified on Assessors records
■ Evaluation of forested areas for potential agricultural use
Point RobertsAk
i
s ...
H,►a rawu� J r �i. ��ti '.4
Rural Study Areas
l _ Agriculture Zone ^"
i � +rwlFrcaMr++'
.qM
____ �+xasfP�eourmr r�
20
20.1.8. 49riwlturaf Strategic Play P4106 17
Measurements toward Progress
By tracking basic information related to agriculture and reporting results on a regular basis, Whatcom County
can provide a valuable service to the agricultural community. There is no known source of compiled multi -
agency data on agricultural issues in Whatcom County, yet data is a critical component to measuring progress.
The county could compile data from other sources and make it available in a user friendly way to the broader
community. Periodically, the county could add new data gleaned from staff GIS analysis. The information
would relate back to the Agriculture program objectives in order to know whether programs and policies are
achieving the intended results.
Some of the indicators useful for providing an agricultural status report include:
1. Mapping of land currently in agricultural use — Methods used would be consistent with land characteriza-
tion effort underway by Planning and Development Services described in Appendix F; reported as new
aerial photos become available
2. Permits - Agricultural building permits and new single family residential permits in Agriculture Zone and
Rural Study Areas, available on an annual basis
3. New irrigation water rights issued, available through the Department of Ecology
4. Exempt wells installed for domestic and agricultural use
5. Market value of agricultural products sold — US Agricultural Census
b. Number of Agricultural Advisory Committee meetings held, Purchase of Development Rights Oversight
Committee meetings held, and other opportunities for public participation related to the agricultural pro-
gram
7. Area of farms enrolled with WA Dept. of Agriculture, Farm Service Agency or Whatcom Conservation Dis-
trict in a farm planning program
8. Incentive program participation including Open
Space Farm and Agriculture current use taxation,
Purchase of Development Rights program, and
others
9. Acreage and changes in acreage of various
cropping types
Tasks associated with performing this assessment in-
clude:
• Mapping agricultural lands based on Whatcom
County aerial photos
• Compiling data and publishing an agricultural
status report
The Agricultural Status Report for the years 2000
through 2017 has been completed and included as
part of this 2018 Agriculture Strategic Plan (Pages
19 - 25 ).
Puge:1.8. 2013 Agritulturdl Strategit Plan
2018 Agricultural Status Report (pages 18 - 26)
The following pages contain the 2018 Agriculture Status Report using indicators and measurements identified during the Agriculture
Strategic Plan development process. Throughout this report, AG Zone refers to the Agriculture Zone and RSA refers to Rural Study
Areas.
1. Mapping of land currently in agricultural use — Methods of land characterization effort by Planning
and Development Services described below; new aerial photos are higher resolution and increase ac-
curacy as compared to previous years.
Data used for the land characterization effort include:
• Pictometry aerial photos, oblique and 4-6 inch ortho-
corrected images
■ NAIP aerial imagery, 1 meter —very little detail
• Whatcom County Assessor Parcel Layer, land use
codes, building values
• Whatcom County Critical Areas data —stream corridors
and wetlands
• Whatcom County Zoning
• 2000 Land Cover Designations, LandSat
(Item type and description contained in Appendix C)
WHATCOM COUNTY
w.., 2016 - Land Cover
Classifications
In Agricultural and
ARural Areas
Land Cover (acres)
(acres)
AG Zone
2012
2017
Active
82,426
82,852
Fallow
4,809
4,639
3,907
Infrastructure
3,835
Farmstead Home
2,939
2,979
RSA
2012
2017
Active
13,641
13,559
Fallow
522
489
Infrastructure
712
718
Farmstead Home
816
836
�fJ - rjL
ill:—i»fEhswnt '•. •1 ..•�i -q
Sng-e F..Iy FIINdCn(K
. Far.rland Fallaa
-t F.—W. S,N1. Famiy
Rpsde.rs _ 'nknd'ann F1, 1
W1, Fan', Tia er Vaw
Oua ry
- Facwam lgNastrlx!vreslreacr,'Lake�AkUa-u
= GnnninnylP�d.-iF.d�.ca+unal � 'Jacanl
Fdl�nana, AC4rvB
Agricultural Strategic Plan
2. Permits - Agricultural building permits and new single family residential permits in the Agriculture
zone and Rural Study Areas, available on an annual basis.
Whatcom County Code Title 20 Zoning is intended to further t
Comprehensive Plan by providing the authority for and proce
development of Whatcom County, through coordinating the e;
respect to all subject matters utilized for developing and servi
The table presented depicts the number SFR (single family res
idences), Mobile (mobile homes), and Short Plat (land divisions
of up to 5 new lots). For the purposes of this Ag Strategic
Plan, permits approved have been grouped by the time peri-
od before the original Ag Strategic Plan (2000-2009) and
between the original and this updated Ag Strategic Plan
(2010-2017). For future Agricultural Status Reports, every
year will be tracked independently. It should also be taken
into account that the Ag Zone represents approximately
87,353 acres and the Rural Study Areas represent 25,407
acres, therefore the number of permits issued have different
relative impacts on the overall agricultural neighborhood.
ie goals and policies of the Whatcom County
lures to be followed in regulating the physical
.ecution of both public and private projects with
:ing land.
Permits Issued
(# of permits)
(# of permits)
AG Zone
2000 - 2009
2010 - 2017
SFR
132
42
Mobile
49
14
16
AG Short Plat
1
RSA
2000 - 2009
2010 - 2017
SFR
249
127
Mobile
Short Plat
90
36
26
7
�yy
{"" .- ra • _ - � � �� { i jam* I '; � f
w...w r rIs
u.i t. r ��- - ■ ... a .�.'.,-� 1"��i
-I its
PolatRa6uea ; r ~ t-;•> � �....r •.,.... � ... *- '•"`r Jl .f ,4. �T
rww ff riy jq.2.r
d _A
SFR Permits 2000-2017
- Mobile Permits 2000-2017
- Short Plats • 2000-2-017
Rural Study Areas
J;m Agnoullure Zane
.r.
'o
RW
4.w ■6
lrAor7 couMr f .. - -
i
t
I
W Tcor CDUNIY
^'
L
Page 20 2018 Agricultural Strategic Plan
2018 Agricultural Status Report
3. New irrigation water rights issued, available through the Department of Ecology.
It is the understanding of staff that no new permanent irrigation water rights have been issued by the Wash-
ington State Department of Ecology since before the last Agricultural Strategic Plan was completed.
4. Exempt wells installed for domestic and agricultural use
A comprehensive assessment of exempt wells installed for domestic and agricultural use has not yet been com-
pleted. Once a more comprehensive assessment has been completed this information will be included in future
Agriculture Status Reports.
5. Agricultural Census Data of Whatcom County {2012 & 2007, USDA}
(including Skagit, Snohomish, King Counties for context)
Whatcom County leads in both increases in the total number of farms and acres farmed among these Puget
Sound Counties.
Item
Year
Whatcom
Skagit Snohomish King
(Number of Farms
2012 1,702
1,074
1,215
1,438
1,670
1,837
1,790
Number of Farms
2007 1,483
change in Number of Farms
2012 to 2007
+ 15 %
- 12 %
- 14%
+ 3
Land in Farms
j 2012
115,831
106,538
70,863 acres
46,717 acres
Land in Farms
2007
102,584
108,541
76,837 acres
49,285 acres
change in Land in Farms
2012 to 2007
+ 13 %
- 2 %
- 8 %
- 5
Average Size of Farms
2012
68 acres
99 acres
49 acres
25 acres
Average Size of Farms
2007
69 acres
89 acres
46 acres
28 acres
'% change in Average Farm Size
2012 to 2007
- 1 %
+ 11 %
+ 7 %
- 11
Market Value of Products Sold
2012
$357,312,000
$272,275,000
$139,486,000
$120,749,000
Market Value of Products Sold
2007
$326,450,000
$256,248,000 $125,619,000
$127,269,000
change in Market Value
2012 to 2007
+ 9 %
+ 6 %
+ 11 %
- 5
Crop Sales
2012
$119,816,000
$201,007,000
$63,216,000
$44,012,000
Livestock Sales
2012
$237,496,000
$71,268,000
$76,270,000
$76,737,000
.Average Sales per farm
2012
$209,937
$253,515 1 $97,000
$65,732
Average Sales per farm
2007
$220,128
$210,904
$75,221
$71,100
,Average age of principal operator
2012
57.4
58.4
58.5
57.1
Principal operators by primary occupation (2012)
Farming
773
515
511
814
Other
1
929
559
927 1
1023
24
Agricuitural Strategic Plan
Farms by Size, 2012
700
60a
50U
FA 400
300
NO
100
0- E Lm�
1-9 1049 50-179 180-499 50a 999 ^^^
Acres
hp 21
Farms by size:
2012
Number
of Farms
1 to 9 acres
578
10 to 49 acres
693
287
,50 to 179 acres
180 to 499 acres
500 to 999 acres
101
33
1,000 acres or more
10
Commodity
# Farms
Market Value (2012)
Percent
Dairy products
114
$ 193,042,000
54%
Fruits, Nuts & Berries
252
$ 79,978,000
22%
Cattle, calves
520
$ 26,535,000
7%
Nursery
40
$ 18,697,000
5%
Poultry, eggs
201
$ 14,641,000
4%
Vegetables
101
$ 11,693,000
3%
Grain
71
$ 4,687,000
1%
All other *
403
$ 8,039,000
2%
Total
1,702
$ 357,312,000
100%
im Agriculture by Commodity
:i Dairy products
ra Fruits, Nuts & Berries
Cattle, calves
rj Nursery
Poultry, eggs
Vegetables
Grain
All other
25
018. Agri(ultura) Strategic Man Pks� !a
6. Number of Agricultural Advisory Committee meetings held, Purchase of Development Rights Oversight
Committee meetings held, and other opportunities for public participation related to the agricultural pro-
gram
• The Agricultural Advisory Committee has a scheduled 7 meetings annually
■ The Purchase of Development Rights Oversight Committee has a scheduled 1 1 meetings annually
■ The Transfer of Development Rights/Purchase of Development Rights Workgroup met 14 times between
March 2017 and June 2018
7. Area/Number of farms enrolled with Washington Department of Agriculture(WSDA), Whatcom Conser-
vation District or Whatcom County in a farm planning program (As of May 2018)
■ WSDA reports 98 licensed dairies have certified farm plans on 32,800 acres
• WCD reports that 89 farm plans were completed in 2017
• Whatcom County reports 149 farms have participated in the Conservation Program on Agricultural Lands
8. Incentive program participation:
A. Current use taxation
2017 Current Use Assessment Enrollment
Open Space Farm and Agricultural 106,258
Land
Open Space Farm and Agriculture
244
Conservation Land
B. Incentive program participation: Purchase of Development Rights program, and others.
The PDR Program has completed 19 agricultural conservation easements representing the protection of 919
acres extinguishing 130 development rights. The PDR Program is currently working with an additional 18 PDR
applicants representing an additional 943 acres. Whatcom County Council has approved staff to move for-
ward towards completion of 7 of these applications.
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
26
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2018 Agricultural Strategic Plan Flop 24
I
9. Acreage and changes in acreage of various cropping types (2017) (turn landscape)
Pei rd Robans
raw]
k ': ��
- New: 1 r F•F•.i '.� ., Y �1. >'"i -.L• 0 Barren
y':,�;, -Blueberries
r� � �R. cry' � r ;'�•'^�'� " �r}1a!„ Corn
°a- iif-k Deciduous Forest
Developed
°'#'� .1t: ',.,t,:•• �' -Developed/Open Space
Evergreen Forest
S+, �L� p Fallow/Idle Cropland
Grassland/Pasture
,.,,, y • n Misc Tree Crops
jjjK Misc Vegs & Fruits
Mixed Forest
Nonag/Undefined
Other Hay/Non Alfalfa
i r
Potatoes
.. ' Raspberries
Shrubland
aRnmrc
v 4 --- - Strawberries
- Wetlands
Washington Cropland Data Layer, also known as CropScape, has been developed by the United States De-
partment of Agriculture (USDA), National Agricultural Statistics Service (NASS), Research and Development Di-
vision (RDD), Geospatial Information Branch (GIB), Spatial Analysis Research Section (SARS). Additional infor-
mation can be found at www.nass.usda.gov. The purpose of the Cropland Data Layer Program is to use satel-
lite imagery to (1) provide planted acreage estimates to the Agricultural Statistics Board for the state's major
commodities and (2) produce digital, crop -specific, categorized geo-referenced output products.
*When reviewing the table on the next page, please note that the acreages are estimates based on satellite
imagery as described above and is not intended to be used as exact figures.
,Alfalfa
2008 AG
Zone
16
2014 AG
Zone
2017 AG
Zone
2008
RSA
2014
RSA
2017
RSA
65
8
2
1
,Apples
44
32
3
2
(Barley
266
36
12
1
1
Barren
466
499
838
8
46
112
Blueberries **
9,433
1,156
Blueberries/Raspberries*
11,949
15,638
1,633
1,921
Clover/Wildflower
50
1
Corn
11,467
16,418
13,906
580
852
602
Cranberries
159
6
25
1
Developed - Open Space
1,813
1,536
1,594
1,731
1,702
1,713
Developed - Low Intensity
2,909
3,056
3,070
1,526
1,569
1,597
Developed - Med. Intensity
473
500
578
148
160
177
Developed - High Intensity
228
229
260
68
68
75
Fallow/Idle
3
2,208
102
54
9
Forest, Deciduous
2,797
3,969
3,599
1,966
3,053
2,898
Forest, Evergreen
1,792
1,194
1,320
1,309
891
856
Mixed Forest
2,930
2,222
2,463
1,651
1,597
1,702
Grasses/Pasture+
28,714
21,747
5,663
22,046
3,043
11,049
11,475
6,481
Hay - non alfalfa+
11,126 10,574
3,086 963
718
420
473
193
3,111
Herbaceous Wetlands
821
,Other Crops
34
50
878
48
181
1,314
120
81
3
659
11,519
2
23
10
4
22
3
20
36
1,624
,Other Tree Crops
Peas
Potatoes
Raspberries**
Shrubland
1,549
1,151
1,941
582
664
797
Sod/Grass
7
66
97
111
29
1
6
14
Sorghum
Strawberries
2
302
15
9
60
2
'Water
755
1,027
961
18
20
23
Winterwheat
107
20
23
1
1
Woody Wetlands
Xmas Trees
3,645
2,148
3,754
2,437
1,057
2,048
1
46
105
6
20
+ Grasses/Pasture and Other Hay - non alfalfa categorized differently in 2017
* 2008/2014 - blueberries and raspberries combined
** 2017 - blueberries and raspberries counted separately
ING�I
um
%Wvunty
Strategic
F
MIR
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'� .. - - �4 �...i.v .i ti1'G •r.'n1+i;1`'� .r.ii, _ ..J.aL.. •3�.--=�:'��� •=1'�' -
.+�.J._ �... r. .� .:.ti.="��'n. d.[3.1� �y'.�� - .. - _i��_ • d�/. ... k.. f:i. .. M-.- .1G i�.i .c'-'L.n awe 1: "� f. r -...c .. -
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018-223
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
July 26, 2018
4
8�8�� $
Nat. Resources
Comm/Council
Division Head
F fi
t rW°` I AT
Dept. Head:��,/
Prosecutor..
�_ 7 V
Purchasing/Budget:
Executive �
B
TITLE OF DOCUM
Resolution Affirming the PDR Oversight Committee Ranking and Authorizing Whatcom County Purchase of Development
Rights Administrator to proceed with acquisition process for 2018 applications.
ATTACHMENTS:
Memo, Resolution, Purchase of Development Rights 2018 Applicant Ranked list (Exhibit 1)
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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
As required by the WCC 3.25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners
interested in participating in the PDR program were reviewed for program eligibility, ranked pursuant to the PDR Guidelines Document,
Ranking Criteria, by the PDR Oversight Committee, and matching funds pursued. The ranking by the PDR Oversight Committee is now
being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify
that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process for Sidhu application
and to proceed with the acquisition of title search and appraisal services of the Roper, McLeod, and Vanderwerff applications.
COMMITTEE ACTION. •
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive
Bellingham, WA 98226-9097
360-676-6907, TTY 800-833-6384
360-738-2525 Fax
Memorandum
TO: Honorable Whatcom County Councilmembers
Honorable Executive Louws
THROUGH: Mark Personius; Assistant Director, PDS LAf
FROM: Chris Elder; PDR Program Administrator
DATE: July 26, 2018
Mark Personius, AICP
Director
SUBJECT: PDR Program Update and PDR application Sidhu Request for approval
to complete acquisition of agricultural conservation easement
Dear Executive Louws and Honorable Councilmembers-
The Whatcom County Purchase of Development Rights Oversight Committee (PDROC), in
cooperation with long range planning staff, would like to provide an update on program
progress, current initiatives, and funding needs. It has been several months since the
PDROC has provided an update to council, so we will begin with some program information.
Background Information
The Purchase of Development Rights (PDR) Program was created in 2002 to contribute to
sustaining the farming enterprise in Whatcom County by protecting critically located County
farmland. The program is voluntary and pays landowners fair market value for their
remaining development rights and places a permanent agricultural conservation easement
on the property. The easement restricts future residential development, and restricts (to a
certain extent) other impervious surface. Staff develops agricultural conservation
easements as the mechanism to retire development rights. This way the farmer gets to
keep their land and continue farming activities, but the future residential potential of the
land is extinguished. Whatcom County currently partners with the Whatcom Land Trust to
perform baseline studies on all properties before closing, and to hold and monitor the
easements annually in perpetuity. In the past, the program has received 50-50 cost share
for easement purchases from sources such as the Washington State Recreation and
Conservation Office's Washington Wildlife Recreation Program (WWRP) Farmland Category,
and the Natural Resource Conservation Service (NRCS) Agricultural Conservation Easement
Program - Agricultural Land Easements (ACEP-ALE).
Since the PDR program's inception, 919 acres of farmland have been permanently protected
from development, and 130 potential development rights have been permanently
extinguished through enactment of 19 agricultural conservation easements. The total cost
of the transactions (purchase price, Whatcom Land Trust expenses, closing costs, and
appraisal fees) is $6,135,499.10. Of that, Whatcom County's Conservation Futures Fund
has paid $3,225,399.10. The remainder amount was reimbursed back into the
Conservation Futures Fund through cost share from the sources mentioned earlier.
32
Update on Progress Since 2017
The PDR Oversight Committee last came to Council in September of 2017 to provide a
program update and to present recent property applications for approval.
The PDR Oversight Committee and Administrator have completed 3 easements over the
past 12 months and have been authorized to proceed with the acquisition of seven (7)
additional conservation easements in the order of the approved ranking pursuant to the
process outlined in the PDR Guidelines Document as approved under Resolution 2016-029 &
Resolution 2017-042. These properties still in process of completion are Cougar Creek
Ranch, Matheson, Brar, Greenwood, Carbee, Sigurdson/Neptune Beach, and Broad Leaf
Farm (Williams 1).
Since that last update to Council, the current number of active applications is twelve (12) as
presented in Exhibit 1 of the attached resolution. Please refer to Exhibit 1 for a breakdown
of property characteristics for all current applications. The PDROC has seen and has
approved of the ranking for these 12 properties based on the current approved guidelines.
Match Fund Sources
Whatcom County has been awarded match funding through the Natural Resource
Conservation Service (NRCS)' Agricultural Conservation Easement Program- Agricultural
Land Easement (ACEP-ALE) Program. This grant provides 50-50 cost share on the purchase
price of the following applications(including ones approved for purchase by Council and ones
that have not yet been approved by Council):
• Broad Leaf Farm (Williams 1)
• Cougar Creek Ranch
• Matheson
• Sigurdson/Neptune Beach
• Brar
• Carbee
• Greenwood
• Roper
• McLeod
• Vanderwerff
The total match amount is up to $1,357,500(depending on appraisals)
Staff requested match dollars from the Whatcom Community Foundation- Sustainable
Whatcom Fund in the late spring of 2015 and were awarded $200,000 to be used as match
for the purchase of conservation easements.
Staff has used these $82,500 of these funds for the acquisition of an agricultural
conservation easement on the following applications:
• Williams I (Williams 2)
• Williams II (Williams 3)
Staff has also been awarded matching funds through the Washington State Recreation and
Conservation Office's Washington Wildlife Recreation Program (WWRP) Farmland Category
in the 2016 round for the following applications:
• Cougar Creek Ranch
• Carbee
• Greenwood
• Brar
The total match amount for these projects is up to $840,000
33
Staff has applied to this same program in 2018 for the following applications:
• Roper
• McLeod
• TeVelde
These applications represent a $270,000 request. Ranking for these applications will occur
in the fall of 2018 and a notification of award should take place by July of 2019.
Whatcom County staff also applied to the Regional Conservation Partnership Program
through the Natural Resource Conservation Service for the Whatcom County Working Lands
Conserving Watersheds. This application was awarded for $1,300,000 to provide matching
funds to the purchase of agricultural conservation easements in Whatcom County for the
years 2019 through 2022. This grant agreement is currently being finalized and will come
back to County Council for consideration sometime in the next couple months.
Additionally, given a strong working relationship with the Whatcom Land Trust, the
Whatcom Land Trust board of directors voted to provide a 50% match towards the Sidhu
application. This contribution represents the first project that the Whatcom Land Trust has
contributed towards the purchase of an agricultural conservation easement through the PDR
Program. The total match amount for the Sidhu application is $40,000.
Request
The PDR Oversight Committee and staff request approval of the current ranked list
of properties, authorization for the County Executive and PDR Program
Administrator to proceed with acquisition of a conservation easement on the PDR
Program's Sidhu application, and authorization to proceed with the acquisition of
title search and appraisal services of the Roper, McLeod, and Vanderwerff
applications.
Please contact Chris Elder, PDR Program Administrator, with any questions at (360)778-
5932.
34
SPONSORED BY:
PROPOSED BY: Planning
INTRODUCTION DATE:
1=11T911111-[1IM!
AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING
WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR
AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION
OF AN AGRICULTURAL CONSERVATION EASEMENT ON THE SIDHU
APPLICATION
WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the
local economy and a high quality of life for Whatcom County citizens; and
WHEREAS, The Growth Management Act and the County Comprehensive Plan support the
retention of agricultural lands of long term commercial significance and encourage the use of
innovative techniques to do so; and
WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures
Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open
space land, farm and agricultural land, and timber land, and a significant Conservation Futures
fund balance is available for additional farm land protection efforts ;" and
WHEREAS, Ordinance #2002-054 adopted Whatcom County Code Title 3.25A that authorized
the creation of a Purchase of Development Rights (PDR) program that offers voluntary farm
agreements that include the purchase of agricultural conservation easements on farmable land
within Whatcom County, and
WHEREAS, Ordinance #2002-054 and WCC 3.25A established a Purchase of Development
Rights Oversight Committee to provide review and assistance to the PDR Administrator, and
WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through
Resolution #2002-040 which includes specific direction for program administration and
conservation easement acquisitions, and
WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the
properties as submitted by the PDR Oversight Committee, and
WHEREAS, Council has reviewed the application ranking and background materials at a public
meeting, with input by County staff and PDR Oversight Committee members, and
WHEREAS, Council has determined the ranking in accordance with their policy priorities and
the requirements of Title 3.25A and the PDR Guidelines Document, and
WHEREAS, Council passed resolution 2016-029 authorizing the PDR Administrator to acquire
title and appraisal services for applicants Sidhu, and
35
WHEREAS, The PDR Administrator has contracted appraisal services for all properties listed
above, and
WHEREAS, The Whatcom Land Trust board approved providing 50% matching funds to
support purchase of development rights on the Sidhu application.
WHEREAS, The Purchase of Development Oversight Rights Committee met on June 22, 2018
to develop a ranking of all applications received to date and forwarded that ranking to Council;
and
WHEREAS, The Purchase of Development Rights Oversight Committee considered the ranked
list of all current applications and recommended at their May 25, 2018 meeting that County
Council authorize the PDR Program Administrator and County Executive proceed with the
acquisition of an agricultural conservation easement on the Sidhu application and proceed with
title search and appraisal of the value of development rights on the Roper, McLeod, and
Vanderwerff applications.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that:
1. The PDR Oversight Committee and Administrator proceed with the acquisition of one (1)
conservation easement on the Sidhu application pursuant to the process outlined in the PDR
Guidelines Document.
2. The PDR Oversight Committee and Administrator proceed with the acquisition of title search
and appraisal services of the Roper, McLeod, and Vanderwerff applications pursuant to the
process outlined in the PDR Guidelines Document.
The Executive is authorized to enter into a Purchase and Sale Agreement for the Sidhu
property, provided:
a. Appraisals are completed and conservation easements are drafted which meet the
requirements of the Whatcom County Purchase of Development Rights program,
and
b. Landowners have agreed to the offer price and conservation easement conditions.
4. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with
purchase of conservation easements, including title search and insurance, appraisal services
and easement monitoring and enforcement fees.
APPROVED this day of , 2018
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Rud Browne, Chairperson
APPROVED '
rat�Prosecutor
041
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WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2018-066
CLEARANCES
Initial
Date
ice
Date Received in Council Off
Agenda Date
Assigned to:
Originator
SK
7124118
818118
Finance & Admin
Servs
Division Head:
JUL 3 1 2018
Dept. [lead.
WFbAl'COM
Prosecutor
COUNCIL
Purchasing/Budget
A
Executive. �� z
TITLE OFDOCU, NT:
Finance will p�sentits quarterly report to Council
A TTA CHMENTS:
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 all ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCWol- WCC as appropriate. Be
clear in explaining the intent of the action.)
Finance Manager Bennett's quarterly report to Council.
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.whatconi.wa.uslcouncil.
001
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-224
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
twh
07.17.18
08108118
Finance/Council
Originator:
� V
E 0 � D
�
Division Head:
J U L 3 12018
WHATCOM WUNT'Y
COUNCIL
Dept. Head:
Prosecutor:
CDq
7.3o.1$
Purchasing/Budet:
'
4SExecutive:
' 3 ( , (
TITLE OF DOCUM
Resolution to add East Whatcom Regional Resource Center (EWRRC) Expansion Project to
the Comprehensive Economic Development Strategy (CEDS).
ATTACHMENTS.
Resolution
List of Additional Projects to be added to the 2018 CEDS List
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) 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.)
Requesting Council approval of the updated CEDS project list which includes the addition of three projects:
1. EWRRC expansion project
2. BBWARM Outfalls drainage project
3. Rural County Broadband Feasibility Study (Port request- required if using State Economic
Development Administration funds)
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #: Related File Numbers:
Ordinance or Resolution Number:
I
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.
39
PROPOSED BY: Executive
INTRODUCTION DATE: August 8, 2018
RESOLUTION NO.
A RESOLUTION OF THE WHATCOM COUNTY COUNCIL UPDATING THE
APPENDIX OF THE 2015 COMPREHENSIVE ECONOMIC DEVELOPMENT
STRATEGY (CEDS)
WHEREAS, the Economic Development Reform Act of 1998 identifies a
Comprehensive Economic Development Strategy (CEDS) as a requirement to apply for
assistance under the Economic Development Administration's (EDA) economic
adjustment and public works program; and
WHEREAS, on June 19, 2018 the County Council adopted Resolution 2018-024
the 2018 CEDS project list update through Resolution 2018-024; and
WHEREAS, the project list did not include three identified economic
development capital projects which include a) the County's East Whatcom Regional
Resource Center (EWRRC) construction expansion project, b) the County's Birch Bay
Watershed and Aquatic Resource Management (BBWARM) Outfalls project and c) the
Port's rural Broadband County Broadband project; and
WHEREAS, these projects are more clearly defined in the project descriptions
included on the attached revised 2018 CEDS Project Project List update; and
WHEREAS, RCW 82.14.370 requires that projects utilizing rural sales tax
revenue must be contained in the County's overall economic development plan; and
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council
hereby accepts the inclusion of three projects to the updated appendix as submitted by the
Whatcom Council of Governments and approved through Resolution 2018-024. The three
additional projects are listed here:
1. Whatcom Regional Resource Center Expansion project Whatcom County
2. BBWARM Outfalls Drainage project Whatcom County
3. Rural County Broadband feasibility study Port of Bellingham
W
BE IT FURTHER RESOLVED that the Whatcom County Council officially
adopts the revised 2018 update to the 2015 Whatcom County Economic Development
Strategy Appendix.
APPROVED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED as to form:
A
Civil Deputy Prosecutor
2018.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne, Council Chair
41
Memo
TO: Tawni Helms, Administrative Services Coordinator
From: Gina Stark, Communications and Research Coordinator
Re: Broadband feasibility study coordinated by the Economic Development Division at the
Port of Bellingham
Background
In 2017 the legislature adopted 2017-2019 Capital Budget ESSB 6095. It authorizes the
Community Economic Revitalization Board (CERB) to make grants and loans to local
government and federally recognized tribes to build infrastructure to provide high-speed, open -
access broadband service, with a minimum of 25 megabits per second download speed, to rural
and underserved communities, for the purpose of economic development or community
development.
Goal
Prior to implementation a feasibility study needs to be conducted. The goal of the feasibility
study is to:
A. Define local broadband needs and goals in the County.
B. Inventory existing broadband infrastructure assets within the County.
C. Identify and map pathways for broadband lines and infrastructure necessary to provide
optimal service.
D. Include a gap analysis defining the additional broadband infrastructure necessary to
meet the identified goals.
E. Identify one or more potential network designs, cost estimates, operating models and
business model.
F. Do an assessment of municipal procedures, policies, rules and ordinances that impact or
influence broadband infrastructure deployment.
G. Identify how to implement digital inclusion including:
a. Affordable internet
b. Affordable equipment
c. Digital Literacy Training
d. Public Computer Access
Funding
The estimated cost for this feasibility study will be approximately $200,000. We have identified
and will be using multiple sources of funds. These include CERB planning grants, funds from the
Port of Bellingham, funds from PUD and Economic Development Agency (EDA) funds.
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CLEARANCES
initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Paula J. Harris
8/8/18
Finance, Co"ncil
Division Head. -
as the WCFCZDBS
Gary Stoyka
JUL 3 1 AfYM
Dept. Head:
A-
IZ5
Jon Hutchings
7
Christopher Quinn
Clio
-7 Lzz Ll
PurchasinglBudget:
BB
Brad Bennett
Jack Louws
TITLE OF
Jo in t Fu n d'fng eemeWnt with United States Geological Survey
Cover Memo
SEPA review required? ) Yes X) 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 RCWor WCC as appropriate. Be
clear in explaining the intent of the action.)
The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the
County's six stream gages within the Nooksack River early flood warning system, plus stream gages at the
Nooksack River Everson Overflow and Jones Creek in Acme, WA, for early flood warning and flood response
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number.
Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinting on
61
WHATCOM COUNTY kco"' co RIVER AND FLOOD
PUBLIC WORKS DEPARTMENT 3��' : ` °ti„ 322 N. Commercial Street, Suite 120
Bellingham, WA 98225-4042
Jon Hutchings Phone: (360) 778-6230
DIRECTOR �qs �0 www.whatcomcount�us
HIND
MEMORANDUM
TO: The Honorable Jack Louws, Whatcom County Executive for the
Whatcom County Flood Control Zone District Board of Supervisors JUL 2 6 2018
THROUGH: Jon Hutchings, Public Works Director
JACK LOUWS
FROM: Paula J. Harris, P.E., River and Flood Manage �� COUNTY EXECUTIVE
Gary Stoyka, Natural Resources Program Manag
DATE: July 24, 2018
RE: Joint Funding Agreement with United States Geological Survey
Enclosed are two (2) originals of a Joint Funding Agreement between the Whatcom County Flood
Control Zone District (FCZD) and the United States Geological Survey (USGS) for your review and
signature.
■ Background and Purpose
The FCZD has worked cooperatively with the USGS for a number of years to collect stream -gaging
data on a real-time basis for early flood warning and flood response. Financing of this program is
provided on a cost -share basis through the USGS Cooperative Program. This Joint Funding
Agreement covers the six early warning gages on the Nooksack River and its upper forks, plus the
Jones Creek gage and the Everson overflow gage at Main Street. The Jones Creek gaging station
was installed in 2009 to provide advance warning for the Acme Fire District (AFD) in responding to a
debris flow event on Jones Creek. The Everson Overflow gaging station was installed in 2012 in
cooperation with the City of Abbotsford to help monitor and plan flood response for overflows at
Everson during large flood events.
■ Funding Amount and Source
The proposed Joint Funding Agreement is for a total amount of $116,937, of which $7,378 will be
funded by the USGS through Cooperative Matching Funds. The FCZD fund will provide $99,985,
the Acme/VanZandt Subzone will provide $6,312 and the City of Abbotsford will reimburse $4,225 in
accordance with the existing Interlocal Agreement for the Everson Overflow gaging station.
Similar to last year, another portion ($9,574) of the total USGS contribution of $16,952 is through its
Federal Priority Streamgage Program, which is not reflected in the Joint Funding Agreement (other
than in Attachment A) as the agreement is only for Cooperative Water Program funding.
■ Differences from Previous Contract
This year's costs are approximately 2.8% higher than the cost of similar services provided last year.
Please contact Paula Harris at extension 6285 if you have any questions or concerns regarding the
terms of this agreement.
Encl.
lAFL00D\110 - Early Flood Warning Program\USGS\2019 O&M JFA\2019-USGS-ContractMemo.docx Page 1 of 1
62
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET zo li5ro 7-0 1
Originating Department:
Public Works
Division/Program: (i.e. Dept. Division and Program)
River and Flood/907540
Contract or Grant Administrator:
Paula J. Harris
Contractor's / Agency Name: j
United States Geological Survey
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #:
Does contract require Council Approval? Yes ® No ❑ If No, include WCC:
(see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100)
Is this a grant agreement?
Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#:
Is this contract grant funded?
Yes ❑ No ® If yes, Whatcom County grant contract number(s):
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169110 & 169230
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000.
® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract
Council approval required for; all property leases, contracts or bid awards exceeding
amount and any prior amendments):
$40,000, and professional service contract amendments that have an increase greater
$ 116,937
than $10,000 or 10% of contract amount, whichever is greater, except when:
1. Exercising an option contained in a contract previously approved by the council.
This Amendment Amount:
2. Contract is for design, construction, r-o-w acquisition, professional services, or
$
other capital costs approved by council in a capital budget appropriation
ordinance.
3. Bid or award is for supplies or equipment included approved in the budget.
Total Amended Amount:
$ , 6 :. 3'
' "-`
4. Contract is for manufacturer's technical support and hardware maintenance of
electronic systems and/or technical support and software maintenance from the
developer of proprietary software currently used by Whatcom County.
Summary of Scope: The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the
County's six stream gages within the Nooksack River early flood warning system; a stream gage at the Nooksack River Everson
Overflow; and a stream gage on Jones Creek in Acme, WA for early flood warning and flood response.
Term of Contract: Fixed Amount
Expiration Date: September 30, 2019
Contract Routing: 1. Prepared by: Lonni Cummings
Date:
7/24/2018
2. Attorney signoff: Christopher Quinn
D--yyat : 7/24/2018
07/24/2018
3. AS Finance reviewed: bbennett
ll��
4. IT reviewed (if IT related):
5. Contractor signed: �'
Date:
Date:
J
6. Submitted to Exec.:
Date:
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
Last edited 10/31/16
63
COUNTY ORIGINAL
I LCONTRACT
i.'
Form 9-1366
(May 2018)
U.S. DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
JOINT FUNDING AGREEMENT
FOR
WATER RESOURCES INVESTIGATIONS
Customer #:
6000000721
Agreement #:
19WNWA04200
Project #:
97229EU
TIN #:
91-6001383
Fixed Cost
Yes
Agreement
THIS AGREEMENT is entered into as of the, 1 day of October, 2018 by the U.S. GEOLOGICAL SURVEY, UNITED
STATES DEPARTMENT OF THE INTERIOR, party of the first part, and the Whatcom County Flood Control Zone
District, party of the second part.
1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective
authorities there shall be maintained in cooperation a fixed -price agreement for the operation and maintenance of
the cooperative streamgaging program between the USGS and Whatcom County Public Works, herein called
the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b.
2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly
related to this program. 2(b) includes In -Kind Services in the amount of $
(a) by the party of the first part during the period
Amount
$7,378
Date
October 1, 2018
(b) by the party of the second part during the period
Amount
$99,985
Date
October 1, 2018
to Date
September 30, 2019
to Date
September 30, 2019
(c) Contributions are provided by the party of the first part through other USGS regional or national programs, in the
amount of:
$9,574
Description of the USGS regional/nations program: USGS Federal Priority Streamgage Program
(d) Additional or reduced amounts by each party during the above period or succeeding periods as may be
determined by mutual agreement and set forth in an exchange of letters between the parties.
(e) The performance period may be changed by mutual agreement and set forth in an exchange of letters between
the parties.
3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively
governing each party.
4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by
an authorized representative of the party of the first part.
5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their
authorized representatives. The methods employed in the field and office shall be those adopted by the party of the
first part to insure the required standards of accuracy subject to modification by mutual agreement.
6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open
to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either
party may terminate this agreement upon 60 days written notice to the other party.
M
9-1366 (Continuation) Customer #: 6000000721 Agreement #: 19WNWA04200
7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request,
copies of the original records will be provided to the office of the other party.
8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as
possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of
the second part reserves the right to publish the results of this program and, if already published by the party of the
first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of
reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by
either party shall contain a statement of the cooperative relations between the parties. The Parties acknowledge that
scientific information and data development as a result of the Scope of Work (SOW) are subject to applicable USGS
review, approval, and release requirements, which are available on the USGS Fundamental Science Practices
website (https://www2.usas.00v/fso//).
9. Billing for this agreement will be rendered: QUARTERLY. Invoices not paid within 60 days from the billing date will
bear Interest, Penalties, and Administrative cost at the annual rate pursuant the Debt Collection Act of 1982, (codified
at 31 U.S.C. § 3717) established by the U.S. Treasury.
U.S. Geological Survey
United States
Department of the Interior
USGS Point of Contact
Name: Mark Mastin
Address: 934 Broadway, Suite 300
Tacoma, WA 98402
Telephone: 253-552-1609
Email: mcmastin@usgs.gov
Org Code: GGWNYG0000
Name of Customer
Whatcom County Flood Control Zone District
Customer Point of Contact
Name: Paula Harris
Address: 322 N. Commercial St, Suite 120
Bellingham, WA 98225
Telephone:
Email:
Signature and Date
Signature: •� �� '') Signature:
Date:
Name: Cynthia Barton, PhD, LHG, LG
Title: Center Director
Date:
Name:
Title:
Signature:
Date:
Name:
Title:
360-778-6285
pharris@co.whatcom.wa. us
Signature and Date:
65
By:
Jack Louws, Whatcom County Executive Date
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM 1
On this day of , 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
Approved As To Form Only:
Christopher Quinn Date
Civil Deputy Prosecutor
«01
USGS - Whatcom County Public Works Dept. Streamgaging Program, October 1, 2018 - September 30, 2019
USGS Federal
USGS Whatcom Priority
USGS
Station County Public Streamgage
Cooperative
No. Station Name Works Dept. Program
Matching Funds
Total Remarks
NORTHWEST WASHINGTON FIELD OFFICE (FERNDALE), 360-312-8155 x2001
22205000 North Fork Nooksack River below Cascade Creek near Glacier
Streamflow discharge with
priority real-time data $14,322
$7,378
$21,700
transmission
12208000 Middle Fork Nooksack River near Deming
Streamflow discharge with
The remainder of this gage is
priority real-time data $4,080
$4,080 funded by the City of Bellingham.
transmission
12210000 South Fork Nooksack River at Saxon Bridge
Streamflow discharge with
priority real-time data $14,624 $7,076
$21,700
transmission
12210220 Jones Creek at Acme
Stage (unpublished) with real-
$4,339
time data transmission, Oct. -June
Precipitation (unpublished),
$1,973
Oct. -June
12210700 Nooksack River at North Cedarville
Streamflow discharge with
priority real-time data
$12,890
transmission
Precipitation and air
$2,630
temperature (unpublished)
12211195 Nooksack River Overflow at Highway 544 at Everson
Stage (published) with real-
time data transmission
$4,225
(Oct. -Mar.)
12222200 Nooksack River at Everson
Streamflow discharge with
priority real-time data
$21,700
transmission
12223100 Nooksack River at Ferndale
Streamflow discharge with
priority real-time data
$19,202 $2,498
transmission
FY19 TOTAL $99,985 $9,574
$4,339
$1,973
The remainder of this gage is
$12,890 funded by the Washington State
Dept. of Ecology and USGS.
$2,630
$4,225
$21,700
$21,700
$7,378 $116,937
67
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
P441180=1
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
JT
612012018
8/8/18
Originator:
9, E
\� 8
�'V
Finance/Council
AD
6128118
Division Head:
Dept. Head.,
1-I'AWCOM
UNUL
Prosecutor.,
Purchasing/Budget:
A046A
Executive:
TITLE OF DOW2
Whatcom
Agreement betwe%County and the Ferndale School District
A TTA CHMENTS.-
1. Contract Information Sheet
2. Memo to County Executive
3. 2 Originals of Contract
SEPA review required? ) Yes (X ) NO
Should Clerk schedule a hearing? Yes (X) NO
SEPA review completed? ) Yes ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be
clear in explaining the intent of the action.)
The purpose of the contracted services is to provide behavioral health services within the Ferndale School District in order to promote a
greater ability for academic success for students who are challenged with mental health and substance abuse problems.
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.whatcont.wa.usleouncil.
COUNTYWHATCOM
Health Department
TO:
FROM:
RE:
DATE:
som
6Co
h114
Jack Louws, County Executive
Regina A, Delahunt, Director
Regina A. Delahunt, Director
Greg Stern, ,0., Health Officer
RECEIVED
JUL 2 4 2018
JACK LCUWS
COUNTY EXECUTIVE
Ferndale School District — Behavioral Health Services Contract
Amendment #3
July 16, 2018
Enclosed are two (2) originals of a contract amendment between Whatcom County and
Ferndale School District for your review and signature.
■ Background and Purpose
The purpose of the contracted services is to provide behavioral health services within the
Ferndale School District in order to promote a greater ability for academic success for students
who are challenged with mental health and substance abuse problems. The purpose of this
amendment is to extend the agreement for an additional year and to increase funding for
Intervention/Prevention Specialist and subcontracted professional services and professional
development and training,
■ Funding Amount and Source
The source of funding for this amendment, in an amount not to exceed $120,000, is the
Behavioral Health Program Fund. Funding for this amendment is included in the 2018 — 2019
budget. Council approval is required because funding exceeds 10% of the original contract
amount.
Please contact Joe Fuller at extension 6045 if you have any questions regarding this
agreement.
Encl.
509 Girard Street
v hat.Com County
Bellingham, WA 98225-4005
1500 North State Street
Bellingham, WA 98225-4551
360.778.6000 1 FAX 360.778.6001HEALTH
j WhatcomCountyHealth
360.778.6100 1 FAX 360.778.6101
WhatcomCoHealth
Department
www.whatcomcounty.us/health
69
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET 201507028 -3
Originating Department: 85 Health
Division/Program: (i.e. Dept. Division and Program) 8550 Human Services / 855060 Mental Health
Contract or Grant Administrator: Joe Fuller
Contractor's / Agency Name: Ferndale School District
Is this a New Contract?
If not, is this an Amendment or Renewal to an Existing Contract?
Yes ®
No ❑
Yes ❑ I No ®
If Amendment or Renewal, (per WCC 3.08,100 (a)) Original Contract #:
201507028
Does contract require Council Approval?
Yes ®
No ❑
If No, include WCC:
(see Whatcom County Codes 3.06.010, 3,08.090 and
3.08.100)
Is this a grant agreement?
If yes, grantor agency contract number(s):
CFDA#:
Yes ❑ I No ®
Is this contract grant funded?
If yes, Whatcom County grant contract number(s):
Yes ❑
1 No ®
Is this contract the result of a RFP or Bid
process?
Contract Cost
Center:
124100
Yes ❑
I No ® I If yes, RFP and Bid number(s):
Is this agreement excluded from E-Verify? I No ❑ Yes ® I If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000.
❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days.
❑ Work related subcontract less than $25,000.
® Interlocal Agreement (between Governments).
❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract amount and any
Council approval required for; all property leases, contracts or bid awards exceeding $40,000,
prior amendments):
and professional service contract amendments that have an increase greater than $10,000 or
$ 300,000
10% of contract amount, whichever is greater, except when:
This Amendment Amount:
1. Exercising an option contained in a contract previously approved by the council.
$ 120,000
2. Contract is for design, construction, r-o-w acquisition, professional services, or other
capital costs approved by council in a capital budget appropriation ordinance.
Total Amended Amount:
3. Bid or award is for supplies or equipment included approved in the budget.
$ 420,000
4. Contract is for manufacturer's technical support and hardware maintenance of electronic
systems and/or technical support and software maintenance from the developer of
proprietary software currently used by Whatcom County.
Summary of Scope: The purpose of this contract is to provide behavioral health services within the Ferndale School District in order to promote a greater ability
for academic success for students who are challenged with mental health and substance abuse problems.
Term of Contract: 1 Year
Expiration Date: 8/31/2019
Contract Routing:
1. Prepared by:
I JT
Date:
6/15/18
2. Attorney signoff:
Date:
3. AS Finance reviewed:
Date:
4. IT reviewed (if IT related):
Date:
5. Contractor signed:
Date:
6. Submitted to Exec.:
Date:
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
all
Whatcom County Contract No.
201507028 —3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
Whatcom County # 201507028
PARTIES:
Whatcom County AMENDMENT NUMBER: 3
Whatcom County Courthouse CONTRACT PERIODS:
311 Grand Avenue Original: 09/01/2015 — 08/31/2016
Bellingham, WA 98225 Amendment #1 09/01/2016 — 08/31/2017
Amendment #2 09/01/2017 — 08/31/2018
Amendment #3 09/01/2018 — 08/31/2019
AND CONTRACTOR:
Ferndale School District
PO Box 698
Ferndale, WA 98248
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY
EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE EXTENSION BELOW BY MUTUAL CONSENT OF ALL
PARTIES HERETO
DESCRIPTION OF EXTENSION:
1. Extend the duration and other terms of this contract for 1 year, as per the original contract "General Terms, Section
10.2, Extension".
2. Amend Exhibit B "Compensation" by adding $20,000 for additional subcontracted services, professional development
and training, and staffing.
3. Funding for this extended contract period (09/01/2018 - 08/31/2019) is not to exceed $120,000
4. Funding for the total contract period (09/01/2015 — 08/31/2019) is not to exceed $420,000.
5. All other terms and conditions remain unchanged.
6. The effective start date of the extension is 09/01/2018.
HL_090118_Femdale_SD_Amend_#3 Page 1 of 3
71
EXHIBIT "B"
(COMPENSATION)
The source of funding for this contract, in an amount not to exceed $120,000.00, is the Behavioral Health Program Fund.
The budget for behavioral health services is as follows:
Contract Budget 9/112018 — 8131/2019
Item
Invoice Documentation Required
Budget
Intervention/Prevention Specialist
General Ledger Detail
$87,929
(including salary and benefits)
Subcontracted services (e.g.,
assessment, therapy, drug/alcohol
Subcontractor invoice showing subcontractor name, type
$8 871
counseling, case management, parent
of service, rate & hours of service, student identifier
education)
Care Team Member Stipends
Names of Care Team Members + General Ledger
$7,200
($600/member/year & taxes)
Detail
Program supplies, professional
General Ledger Detail required for program supplies.
development, training, and travel
Ground transportation, coach airfare, and ferries will be
reimbursed at cost when accompanied by receipts.
Mileage reimbursements require number of miles traveled
and will be reimbursed at the current federal rate.
Reimbursement requests for allowable travel must include
name of staff member, dates of travel, starting point and
$16,000
destination, and a brief description of purpose. Receipts
for registration fees or other documentation of
professional training expenses. Lodging and meal costs
for training are not to exceed the U.S. General Services
Administration Domestic Per Diem Rates (ww+ni.gsa.gov),
specific to location. Receipts for meals are not required.
TOTAL
$120,000
The Contractor may transfer funds between budget line items with County prior approval.
The Contractor cannot exceed 40% of the total allocation during the first four months of service (September through
December) without prior County approval.
HL_090118_Ferndale_SD_Amend_#3
Page 2 of 3
72
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 EXTENSION HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND
CONDITIONS OF THIS EXTENSION.
Signature is required below.
APPROVAL AS TO PROGRAM:
�Y' ., i� A>-2'�_/ lye
Anne Deacon, Human Services Manager Dai'e
DEPARTMENT HEAD APPROVAL: 64�-A 7l`8�1
APPROVAL AS TO FORM:
Royce
FOR, E C�ON+P. ACTOR:
��'✓��'" �� racy__ 1 "
Contraefor Signature
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
th„j4a�rnent Director Date
�/ z20®,�
Prosecuting Attorney Date
,2- 1 j - .+ 14 s-AfKe� .r ;fit'cz.. f I
Print Name and Title Date
On this 117i"' day of lj, 2018, before me personally appeared e alp , to
me known to be their-®.' Sk -wand who executed the above instrument a kgAkAW wledged to me the act of
signing and sealing thereof. �, L041 fillD
SSW& III ' �a
NOTARY PUBLIC in and for OT4�'°�
the State of
Residing atf
My Commission expires: `�' n „„.d` ,r"�
FOR WHATCOM COUNTY:
Jack Louws, County Executive Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this day of , 2018, 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_090118_Femdale_SD_Amentl_#3 Page 3 of 3
991
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2018-227
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
JT
612012018
, � \1/
0")
8/8/18
Finance/Council
AD
6128118
Division Head:
JUL 3'
-COM CU'l-W F`(
Dept. Head:
PAO
(.g
Prosecutor:
L
-�OUNUR-
PurchasinglBudget.-
Executive:
4,
TITLE OF D 0 CU
Agreement between Whatcom County and the Nooksack Valley School District
A TIA CHMENTS.
1. Contract Information Sheet
2. Memo to County Executive
3. 2 Ori2inals of Contract
SEPA review required? ) Yes (X ) NO
Should Clerk schedule a hearing? Yes (X) NO
SEPA review completed? ) Yes ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
The purpose of the contracted services is to provide behavioral health services within the Nooksack Valley
School District in order to promote a greater ability for academic success for students who are challenged with
mental health and substance abuse problems.
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.
74
s
Health Department
TO:
FROM:
RE:
DATE:
Jack Louws, County Executive
AAO
Regina A. Delahunt, Director
Regina A.. Delahunt, Director
Health
IN
JACK LOUWS
COUNTY EXECUTIVE
Nooksack Valley School District — Behavioral Health Services Contract
Amendment #3
July 9, 2018
Enclosed are two (2) originals of a contract amendment between Whatcom County and
Nooksack Valley School District for your review and signature.
■ Background and Purpose
The purpose of the contracted services is to provide behavioral health services within the
Nooksack Valley School District in order to promote a greater ability for academic success for
students who are challenged with mental health and substance abuse problems. The purpose
of this amendment is to extend the agreement for an additional year and to increase funding for
additional Behavioral, Prevention, and Intervention Specialist services, as well as expanded
Family Resource Coordinator services.
■ Funding Amount and Source
The source of funding for this amendment, in an amount not to exceed $120,000, is the
Behavioral Health Program Fund. Funding for this amendment is included in the 2018 budget.
Council approval is required because funding exceeds 10% of the original contract amount.
Please contact Joe Fuller at extension 6045 if you have any questions regarding this
agreement.
Encl.
509 Girard Street
Whatcom County
Bellingham, WA 98225-4005
360.778.6000 FAX 360.778.6001HEALTH
�'®
1500 North State Street
Bellingham, WA 98225-4551
1
WhatcomCountyHealth
360.778.6100 1 FAX 360.778.6101
Whatcom Co Health
Department
www.whatcomcounty.us/healt�5
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET 201507019 — 3
Originating Department: 85 Health
Division/Program: (i.e. Dept. Division and Program) 8550 Human Services / 855020 Mental Health
Contract or Grant Administrator: Joe Fuller
Contractor's / Agency Name: Nooksack Valley School District
Is this a New Contract?
If not, is this an Amendment or Renewal to an Existing Contract?
Yes ®
No ❑
Yes ❑ No ®
If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #:
201507019
Does contract require Council Approval?
Yes ®
No ❑
If No, include WCC:
(see Whatcom County Codes 3.06.010, 3.08.090 and
3.08.100)
Is this a grant agreement?
If yes, grantor agency contract number(s):
CFDA#:
Yes ❑ I No ®
Is this contract grant funded?
If yes, Whatcom County grant contract number(s):
Yes ❑
1 No ®
Is this contract the result of a RFP or Bid process?
Contract Cost
Center:
124100
Yes ❑ 1
No ® I If yes, RFP and Bid number(s):
Is this agreement excluded from E-Verify? I No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000.
❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days.
❑ Work related subcontract less than $25,000.
® Interlocal Agreement (between Governments).
❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract amount and any
Council approval required for; all property leases, contracts or bid awards exceeding $40,000,
prior amendments):
and professional service contract amendments that have an increase greater than $10,000 or
$ 300,000
10% of contract amount, whichever is greater, except when:
This Amendment Amount:
1. Exercising an option contained in a contract previously approved by the council.
$ 120,000
2. Contract is for design, construction, r-o-w acquisition, professional services, or other
capital costs approved by council in a capital budget appropriation ordinance.
Total Amended Amount:
3. Bid or award is for supplies or equipment included approved in the budget.
$ 420,000
4. Contract is for manufacturer's technical support and hardware maintenance of electronic
systems and/or technical support and software maintenance from the developer of
proprietary software currently used by Whatcom County.
Summary of Scope: The purpose of this contract is to provide behavioral health services within the Nooksack Valley School District in order to promote a
greater ability for academic success for students who are challenged with mental health and substance abuse problems.
Term of Contract: 1 Year
Expiration Date: 8/31/2019
Contract Routing:
1. Prepared by: JT
Date:
6/15/18
2. Attorney signoff:
Date:
'S
3. AS Finance reviewed:
Date:
4. IT reviewed (if IT related):
Date:
5. Contractor signed:
Date:
>Zg®9�
6. Submitted to Exec.:
Date:
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
We
r-,�R � - ORIGINAL
J
Whatcom County Contract No.
201507019 —3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
Whatcom County # 201507019
PARTIES:
Whatcom County AMENDMENT NUMBER: 3
Whatcom County Courthouse CONTRACT PERIODS:
311 Grand Avenue Original: 09/01/2015 — 08/31/2016
Bellingham, WA 98225 Amendment #1 09/01/2016 — 08/31/2017
Amendment #2 09/01/2017 — 08/31/2018
Amendment #3 09/01/2018 — 08/31/2019
AND CONTRACTOR:
Nooksack Valley School District
3326 E Badger Road
Nooksack, WA 98276
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY
EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE EXTENSION BELOW BY MUTUAL CONSENT OF ALL
PARTIES HERETO
DESCRIPTION OF EXTENSION:
1. Extend the duration and other terms of this contract for 1 year, as per the original contract "General Terms, Section
10.2, Extension".
2. Amend Exhibit B "Compensation" by adding $20,000 for additional Behavioral, Prevention, and Intervention Specialist
services, and expanded Family Resource Coordinator services.
3. Funding for this extended contract period (09/01/2018 - 08/31/2019) is not to exceed $120,000.
4. Funding for the total contract period (09/01/2015 — 08/31/2019) is not to exceed $420,000.
5. All other terms and conditions remain unchanged.
6. The effective start date of the extension is 09/01/2018.
HL_090118_NV SD_Amend_#3 Page 1 of 3
77
EXHIBIT "B" - Amendment #3
(COMPENSATION)
The source of funding for this contract, in an amount not to exceed $120,000, is the Behavioral Health Program Fund.
The budget for behavioral health services is as follows:
Contract Budget 9/1/2018 — 8/31/2019
Item
Invoice Documentation Required
Budget
Family Resource Coordinators (including salary
General Ledger Detail
$30,021
and benefits)
Behavioral, Prevention, and Intervention
General Ledger Detail
$89,279
Specialists (including salary and benefits)
Subcontracted services (e.g., assessment, therapy,
Subcontractor invoice showing subcontractor
psychological services, drug/alcohol counseling,
name, type of service, rate & hours of service,
$500
case management, parent education, etc.)
student identifier
For mileage reimbursement, copies of mileage
records, including the name of the staff
member, date of travel, starting point and
Travel
destination of travel, the number of miles
$100
traveled, and a brief description of the purpose
of travel. Mileage will be reimbursed at the
current Federal rate.
Program Supplies and Materials
General Ledger Detail
$100
TOTAL
$120,000
The Contractor may transfer funds between budget line items with County prior approval.
The Contractor cannot exceed 40% of the total allocation during the first four months of service (September through
December) without prior County approval.
HUN118AV_SD Amend_n
Page 2 of 3
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 EXTENSION HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND
CONDITIONS OF THIS EXTENSION.
Signature is required below.
APPROVAL AS TO PROGRAM:
DEPARTMENT HEAD APPROVAL:
APPROVAL AS TO FORM:
Royce Buckingham,
FOR THE CONTRACTOR:
STATE
COUNTY OF WHATCOM )
On thisl,- - day of
me known to be the
signing and sealing there I " /
Human Services Manager
Department Director
i secuting Attomey
Ant Name and Title
D6te '
7150
Date
Date
Date
2018, before me personally appeared C AL , to
and who executed the above instrument and who acknowledged to me the act of
YESENIA CISNEROS
~ Notary Public
NO PUBLIC in and for State of Washington
the teof V�I%ISill`r1®lm My Commission Expires
Resi ing at SVVy1c6> . w't4 'Ib2AS September 04, 2019
My Commission expires: 6aI0A B 2Z1
FOR WHATCOM COUNTY:
Jack Louws, County Executive
STATE OF WASH(NGTON)
Date
COUNTY OF WHATCOM )
On this day of 2018, 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_090118_NV_SD Amend #3 Page 3 of 3
79
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2018-228
CLEARANCES
Initial
Date
Date Received in Council Office
jffenda Date
Assigned to:
Originator:
JT
612012018
1"INI
Finance/Council
AD
6128118
Division Head:
AUI3
L
(lot IQ
Dept. Head:
A„ t 0,Vj
Prosecutor:
JUNC1,-
Purchasing/Budget:
Fxecutive: A+�
TITLE OF DOC
Agreement betwei!Vhatcom County and the Blaine School District
A TTA CHMENTS.
1. Contract Information Sheet
2. Memo to County Executive
3. 2 Originals of Contract
SEPA review required? ) Yes (X) NO
Should Clerk schedule a hearing? Yes (X) NO
SEPA review completed? ) Yes ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must
provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be clear in explaining
the intent of the action.)
The purpose of the contracted services is to provide behavioral health services within the Blaine School District in order to promote a
greater ability for academic success for students who are challenged with mental health and substance abuse problems.
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.whatcom.wa.uvleouncil.
Health Department
TO:
FROM
RE:
DATE:
MOM
Jack Louws, County Executive
Regina A. Delahunt, Director
Regina A., Delahunt, Direcitor
t
JACK LOUWS
COUNTY EXECUTIVE
Blaine School District — Behavioral Health Services Contract
Amendment #3
July 9, 2018
Enclosed are two (2) originals of a contract amendment between Whatcom County and Blaine
School District for your review and signature.
■ Background and Purpose
The purpose of this contract is to provide behavioral health services within the Blaine School
District in order to promote a greater ability for academic success for students who are
challenged with mental health and substance abuse problems. The purpose of this amendment
is to extend the agreement for an additional year and to increase funding for school -based
counseling services, subcontracted professional services, and Care Team Stipends.
■ Funding Amount and Source
The source of funding for this amendment, in an amount not to exceed $131,400, is the
Behavioral Health Program fund. Funding for this amendment is included in the 2018 budget.
Council approval is required because funding exceeds 10% of the original contract amount.
Please contact Joe Fuller at extension #6045 if you have any questions regarding this
agreement.
Encl.
509 Girard Street
Y V hatcom County
y
Bellingham, WA 98225-4005
360.778.6000 1 FAX 360.778.6001
'":
HEALTH
1500 North State Street
Bellingham, WA 98225-4551
Whatco mCounty Health
360.778.6100 1 FAX 360.778.6101
r WhatcomCoHealth
D e p a r t m e n t
www.whatcomcounty.us/healthQ
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET 201507023 — 3
Originating Department:
85 Health
Division/Program: (i.e. Dept. Division and Program)
8550 Human Services / 855020 Mental Health
Contract or Grant Administrator:
Joe Fuller
Contractor's / Agency Name:
Blaine School District
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑
Yes ❑ No ® If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 201507023
Does contract require Council Approval? Yes ® No ❑ If No, include WCC:
(see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100)
Is this a grant agreement?
Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#:
Is this contract grant funded?
Yes ❑ No ® If yes, Whatcom County grant contract number(s):
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 124100
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000.
® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract
Council approval required for; all property leases, contracts or bid awards exceeding
amount and any prior amendments):
$40,000, and professional service contract amendments that have an increase greater
$ 293,400
than $10,000 or 10% of contract amount, whichever is greater, except when:
1. Exercising an option contained in a contract previously approved by the council.
This Amendment Amount:
2. Contract is for design, construction, r-o-w acquisition, prof services, or other
$ 131,400
capital costs approved by council in a capital budget appropriation ordinance.
3. Bid or award is for supplies.
Total Amended Amount:
$ 424,800
4. Equipment is included in Exhibit "B" of the Budget Ordinance
5. Contract is for manufacturer's technical support and hardware maintenance of
electronic systems and/or technical support and software maintenance from the
developer of proprietary software currently used by Whatcom County.
Summary of Scope: The purpose of this contract is to provide behavioral health services within the Blaine School District in
order to promote a greater ability for academic success for students who are challenged with mental health and substance abuse
problems.
Term of Contract: 1 Year
Expiration Date: 8/31/2019
Contract Routing: 1. Prepared by: JT
2. Attorney signof£
3. AS Finance reviewed:
4. IT reviewed (if IT related :
5. Contractor signed:
6. Submitted to Exec.:
7. Council approved (if necessary):
8. Executive signed:
9. Original to Council:
Date:
6/15/2018
Date:
Date:
o-
Date:
Date:
Date:
7_A6
Date:
Date:
Date:
E:M
C 01-1N I DRIGINAL
Whatcom County Contract No.
201507023 — 3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
PARTIES:
Whatcom County
Whatcom County Courthouse
311 Grand Avenue
Bellingham, WA 98225
AND CONTRACTOR:
Blaine School District
770 Mitchell Street
Blaine, WA 98230
THE CONTRACT IDENTIFIED
EXTENDED AS SET FORTH IN
PARTIES HERETO
Whatcom County # 201507023
AMENDMENT NUMBER: 3
CONTRACT PERIODS:
Original: 09/01/2015 — 08/31/2016
Amendment #1: 09/01/2016 — 08/31/2017
Amendment #2: 09/01/2017 — 08/3112018
Amendment #3: 09/01/2018 — 08/31/2019
HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY
THE DESCRIPTION OF THE EXTENSION BELOW BY MUTUAL CONSENT OF ALL
DESCRIPTION OF EXTENSION:
1. Extend the duration and other terms of this contract for 1 year, as per the original contract "General Terms, Section
10.2, Extension".
2. Amend Exhibit B — Compensation, to add $18,000 in funding for school -based counseling services, subcontracted
professional services and Care Team stipends; revised Exhibit B is attached.
3. Funding for this extended contract period (09/01/2018 — 08/31/2019) is not to exceed $131,400.
4. Funding for the total contract period (09101/2015 — 08/3112019) is not to exceed $424,800.
5. All other terms and conditions remain unchanged.
6. The effective start date of the extension is 09/01/2018.
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 EXTENSION HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND
CONDITIONS OF THIS EXTENSION. Signature is required below.
.-__—__--_____________________________
APPROVAL AS TO PROGRAM:
Anne
DEPARTMENT HEAD APPROVAL
APPROVAL AS TO FORM:
FOR THE
CorAtactor 81anature
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
"''T
�n,.Human Services Manager bat6
Delahunt, H,ealtlyDepartment Director
Royce Buckingh9 , O Deputy Prosecuting Attorney
Print Name and Title
Date
o)�7—t
Date
Date
On this c2 9 day of (T-6me , 2018, before me personaIV appeared
rl�,6 0°e j%J11 fill,
to me known to be the and who':O�ve
instrument ent and who acknowledged to me the act of signing and sealing thereof. ��%�\;S\o �kp�
NOTARY PUBLIC in and for the State of Washington'��� w
Residing at
My Commission expires: �' /! /`' 0o
FOR WHATCOM COUNTY:
Jack Louws, County Executive Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM }
On this day of
2018, 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:
0
EXHIBIT "B" -Amendment #3
(COMPENSATION)
The source of funding for this contract, in an amount not to exceed $131,400, is the Behavioral Health Program Fund. The
budget for mental health intervention and treatment services is as follows:
Item
Invoice Documentation Required
Budget
i
Intervention/Prevention Specialist
(including salary and benefits)
General Ledger Detail
$73,272
Mental Health Counselor
(including salary and benefits
Program supplies, professional
General Ledger Detail for supplies & training
development/training, and travel
For mileage reimbursement, copies of mileage
records, including the name of the staff member, date
of travel, starting point and destination of travel, the
number of miles traveled, the per mile reimbursement
rate, and a brief description of the purpose of travel,
for mileage reimbursement. Mileage will be
reimbursed at the current Federal Rate.
Ground transportation, coach airfare, and ferries will
$10,558
be reimbursed at cost when accompanied by receipts.
Reimbursement requests for allowable travel must
include name of staff member, beginning and ending
time and dates of travel, starting point and destination,
and a brief description of purpose.
Lodging and meal costs for training are not to exceed the
U.S.
General Services Administration Domestic Per Diem Rates
(www.gsa.gov), specific to location. Receipts for meals are
not required. - ._..-__-------
------ - ---
------- -----_ -i---- .--.- -- -----------------
Subcontracted services (e.g., alcohol and
--- - - ------ - --- --
Subcontractor invoicing showing subcontractor
--
drug evaluations, case management,
name, type of service, rate &hours of service,
$37,970
community presentations, parent and staff
student identifier
trainin sg_, psychological evaluations v _
Care Team member stipends plus benefits
(Middle School and High School)
Names of Care Team Members
$9,600
$450/member( r
TOTAL
$131,400
The Contractor may transfer funds between budget line items with County prior approval,
The Contractor cannot exceed 40% of the total allocation during the first four months of service (September through
December) without prior county approval.
r'V
2018-229
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
JT
612012018
8/8/18
Finance/Council
AD
6128118
Division Head:
-7 M
Dept. Head:
0?
wi-i"'ri-com
Prosecutor:
Purchasing/Budget:
Executive: 05
16
TITLE OF D(�
�nWhateom
Agreement be County and the Lyndcn School District
A TTA CHMENTS.-
1. Contract Information Sheet
2. Memo to County Executive
3. 2 Orip-inals of Contract
SEPA review required? ) Yes (X ) NO
Should Clerk schedule a hearing? Yes (X) NO
SEPA review completed? ) Yes ) NO
Requested Date:
SUMMARY S TA TEMENT OR LEGAL NOTICE LA NG UA GE: (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 RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
The purpose of the contracted services is to provide behavioral health services within the Lynden School District
in order to promote a greater ability for academic success for students who are challenged with mental health and
substance abuse problems.
COMMITTEE A CTION.•
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.
WHATCOM COUNTY
Health Department
''Oft COG
�Z,P 2A.t
L __ LA- • W •
Regina A. Delahunt, Director
Greg Stara, WD., Health Officer
E
TO: Jack Louws, County Executive
FROM: Regina A. Delahunt, Director
r
RE: Lynden School District, Behavioral Health Services, Amendment #3
DATE: July 10, 2018
Enclosed are two (2) originals of a contract amendment between Whatcom County and Lynden
School District for your review and signature.
■ Background and Purpose
The purpose of the contracted services is to provide behavioral health services within the
Lynden School District in order to promote a greater ability for academic success for students
who are challenged with mental health and substance abuse problems. The purpose of this
amendment is to extend the agreement for an additional year and to increase funding to provide
Youth Mental Health First Aid Training. Funds would train district staff to be facilitators, and
provide coverage for 60-90 staff to complete the training.
® Funding Amount and Source
The source of funding for this amendment, in an amount not to exceed $111,000, is the
Behavioral Health Program Fund, Funding for this amendment is included in the 2018 — 2019
budget. Council approval is required because funding exceeds 10% of the original contract
amount.
Please contact Joe Fuller at extension 6045 if you have any questions regarding this
agreement.
Encl.
00
So9Girard Street Whatcom County
Bellingham, WA 98225-4005
360.778.6000 1 FAX 360.778.6001
WhatcomCountyHealth D
,40 Whatcom Co Health C� lri
1500 North State Street
Bellingham, WA 98225-4551
360.778.6100 1 FAX 360.778.6101
www.whatcomcounty.us/health
%9
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET 201507027 — 3
Originating Department: 85 Health
Division/Program: (i.e. Dept. Division and Program) 8550 Human Services / 855060 Mental Health
Contract or Grant Administrator: Joe Fuller
Contractor's / Agency Name: Lynden School District
Is this a New Contract?
If not, is this an Amendment or Renewal to an Existing Contract?
Yes ®
No ❑
Yes ❑ No ®
If Amendment or Renewal, (per WCC 3,08.100 (a)) Original Contract #:
201507027
Does contract require Council Approval?
Yes ®
No ❑
If No, include WCC:
(see Whatcom County Codes 3.06.010, 3.08.090 and
3.08.100)
Is this a grant agreement?
If yes, grantor agency contract number(s):
CFDA#:
Yes ElNo ®
Is this contract grant funded?
If yes, Whatcom County grant contract number(s):
Yes ❑
I No ®
Is this contract the result of a RFP or Bid process?
Contract Cost
Center:
124100
Yes ❑
1 NON I If yes, RFP and Bid number(s):
Is this agreement excluded from E-Verify? I No ❑ 1 Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000.
❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days.
❑ Work related subcontract less than $25,000.
® Interlocal Agreement (between Governments).
❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract amount and any
Council approval required for; all property leases, contracts or bid awards exceeding $40,000,
prior amendments):
and professional service contract amendments that have an increase greater than $10,000 or
$ 277,500
10% of contract amount, whichever is greater, except when:
This Amendment Amount:
1. Exercising an option contained in a contract previously approved by the council.
$ 111,000
2. Contract is for design, construction, r-o-w acquisition, professional services, or other
capital costs approved by council in a capital budget appropriation ordinance.
Total Amended Amount:
3. Bid or award is for supplies or equipment included approved in the budget.
$ 388,500
4. Contract is for manufacturer's technical support and hardware maintenance of electronic
systems and/or technical support and software maintenance from the developer of
proprietary software currently used by Whatcom County.
Summary of Scope: The purpose of this contract is to provide behavioral health services within the Lynden School District in order to promote a greater ability
for academic success for students who are challenged with mental health and substance abuse problems.
Term of Contract: 1 Year
Expiration Date: 8/31/2019
Contract Routing:
1. Prepared by: I JT
Date:
6/15/18
2. Attorneysignoff:
Date:
7-93 ml9'
3. AS Finance reviewed:
Date:
4. IT reviewed (if IT related):
Date:
5. Contractor signed:
Date:
fS
6. Submitted to Exec
Date:
' 14
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
E:1:3
OROGINAIL
Whatcom County Contract No.
201507027 —3
WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION
Whatcom County # 201507027
PARTIES:
Whatcom County AMENDMENT NUMBER: 3
Whatcom County Courthouse CONTRACT PERIODS:
311 Grand Avenue Original: 09/01/2015 — 08/31/2016
Bellingham, WA 98225 Amendment #1 09/01/2016 — 08/31/2017
Amendment #2 09/01/2017 — 08/31/2018
Amendment #3 09/01/2018 — 08/31/2019
AND CONTRACTOR:
Lynden School District
1203 Bradley Road
Lynden, WA 98264
THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY
EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE EXTENSION BELOW BY MUTUAL CONSENT OF ALL
PARTIES HERETO
DESCRIPTION OF EXTENSION:
1. Extend the duration and other terms of this contract for 1 year, as per the original contract "General Terms, Section
10.2, Extension".
2. Amend Exhibit B "Compensation" by adding $18,500 to provide Youth Mental Health First Aid Training. Funds
would train district staff to be facilitators, and provide coverage for 60-90 staff to complete the training.
3. Funding for this extended contract period (09/01/2018 - 08/31/2019) is not to exceed $111,000
4. Funding for the total contract period (09/01/2015 — 08/31/2019) is not to exceed $388,500.
5. All other terms and conditions remain unchanged.
6. The effective start date of the extension is 09/01/2018.
HL_090118_Lynden_SD_Amend_#33 Page 1 of 3
EXHIBIT "B"
(COMPENSATION)
The source of funding for this contract, in an amount not to exceed $111,000.00, is the Behavioral Health Program Fund.
The budget for behavioral health services is as follows:
Contract Budget — 9/1/2018 — 8/31/2019
Item
Documentation Required for Reimbursement
Budget
Community Prevention Specialist
General Ledger Detail
$30,000
(including salary and benefits)
Drug/Alcohol Intervention/Prevention
General Ledger Detail
$25,000
Specialist (including salary and benefits)
Behavioral Intervention/Prevention
General Ledger Detail
$35,000
Specialist (including salary and benefits)
Staff time (facilitating and/or receiving
General Ledger Detail
18,500
training)
Subcontracted services (e.g., therapy,
Subcontractor invoice showing subcontractor name, type of
psychological services, drug/alcohol
service, rate & hours of service, student identifier
$1,500
counseling)
Program supplies, professional
General Ledger Detail or receipts detailing program
development/training, and travel
supplies, training, and travel expenses
For mileage reimbursement, copies of mileage records,
including the name of the staff member, date of travel,
$1,000
starting point and destination of travel, the number of miles
traveled, and a brief description of the purpose of travel.
Mileage will be reimbursed at the current Federal rate.
TOTAL
$111,000
The Contractor may transfer funds between budget line items with County prior approval.
The Contractor cannot exceed 40% of the total allocation during the first four months of service (September through
December) without prior County approval.
HL_090118_Lynden_SD_Amend_#33
Page 2 of 3
011
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 EXTENSION HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND
CONDITIONS OF THIS EXTENSION.
Signature is required below.
--------------------------------
APPROVAL— ..
AS TO PROGRAM:
Ann bdacon, Human Services Manager Date
DEPARTMENT HEAD APPROVAL: 7�d�� i
RegiA A.Qklahunt,,Health Department Director / Date
APPROVAL AS TO FORM: s 7'� (
Royce Buckingham,-elvlr3-�-pwprosecuting Attorney Date
FOR THE CONTRACTOR:/%
t-� - �m�' " 7 2-
Conodctor Signa re Print Name Od Title I Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this �--7 day of 2018, before me personally appeared to
me known to be the S who executed the above instrument and �#(v�*"�ed tom(Tihe act of
signing and sealing thereof.
NOTARY PUBLIC in and for �� 0`� �aoTAR, �p��% i
the State of
s
Residing at
1110
My Commission expires: ��0 O,c,� . c�►��
FOR WHATCOM COUNTY:
Jack Louws, County Executive Date
STATE OF WASHINGTON)
COUNTY OF WHATCOM )
On this day of , 2018, 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_090118_Lynden_SD_Amend _#33 Page 3 of 3
d
WHATCOM COUNTY COUNCIL AGENDA BILL
NO. 2018-230
CLEARANCES
Initial
Date
Date Received in Council Of
Agenda Date
Assi ned to:
JT
711012018
8/8/18
Finance/Council
Originator:
pq-)
N
<
Y
Division Head:
JUL 3 1 2 011,18,
Dept. Read:
Prosecutor:
WFIA-rc-,
COUNC,Z
Purchasing/Budget:
Executive:
TITLE OF
Contract amendment between Whatcom County and North Sound Behavioral Health Organization
A TIA CUMENTS:
1. Memo to County Executive
2. Contract Information Sheet
3. 1 Original of Contract
SEPA review required? ) Yes (X ) NO
Should Clerk schedule a hearing? Yes (X) NO
SEPA review completed? ) Yes ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
This contract provides funding to support evidence -based services in the schools and in the community that have
been shown to reduce elevated risk factors for substance use disorders and behavioral health issues in 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 County's website at. www.co.whatcom.wa.uslcouncil.
M
WHATCOM COUNTY
Heafth Department
��C'OM CO
C
��`SHlNG�C�
C\FoIF1►.Irr
Regina A Dela unt, Director
Greg Stern, 1M,O,, r+,�aali.h Officer
TO: Jack Louws, County Executive
FROM: Regina A. Delahunt, Director
RE: North Sound Behavioral Health Organization — Community Partnership
Contract
DATE: July 12, 2018
Enclosed are two (2) originals of a contract between Whatcom County and North Sound
Behavioral Health Organization for your review and signature.
Background and Purpose
This contract provides funding to support evidence -based services in the schools and in the
community that have been shown to reduce elevated risk factors for substance use disorders
and behavioral health issues in Whatcom County. Regionally, funds are distributed by North
Sound Behavioral Health Organization (NS BHO) to the county for development,
implementation, maintenance, and evaluation of programs that support prevention and recovery
support services for middle school and high school aged students.
Funding Amount and Source
Funding in the amount of $115,506 is provided by Medicaid funds via the North Sound
Behavioral Health Organization. These funds are included in the 2018 budget. County Council
approval is required per RCW 39.34.030(2) for agreements between public agencies.
Please contact Joe Fuller at extension #6045 if you have any questions regarding this
agreement.
Encl.
509 Girard Street
YV haGom County
Bellingham, WA 98225-4005
360.778.6000 1 FAX 360.778.6001HEALTH
i
1500 North State Street
Bellingham, WA 98225-4551
+ WhatcomCountyHealth
360.778.6100 1 FAX 360.778.6101
x WhatcomCoHealth
D e p a r t m e n t www.whatcomcounty.us/healtl93
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET ( e 1 -
Originating Department: 85 Health
Division/Program: (i.e. Dept. Division and Program) 8550 Human Services / 855060 Substance Abuse Program
Contract or Grant Administrator: Joe Fuller
Contractor's / Agency Name: North Sound Behavioral Health Organization
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #:
Does contract require Council Approval? Yes ® No ❑ If No, include WCC:
(see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100)
Is this a grant agreement? If yes, grantor agency
Yes ® No ❑ contract number(s): BHO — WHATCOM — PSC 18
Is this contract grant funded?
Yes ❑ No ❑ If yes, Whatcom County grant contract number(s):
Is this contract the result of a RFP or Bid process?
Yes ❑ No ® If yes, RFP and Bid number(s):
CFDA#:
Contract Cost
Center: 675500
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000.
❑ Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days.
❑ Work related subcontract less than $25,000.
® Interiocal Agreement (between Governments).
❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount: (sum of original contract amount and Council approval required tor; all property leases, contracts or bid awards exceeding
any prior amendments): $40,000, and professional service contract amendments that have an increase
$ 115,506 greater than $10,000 or 10% of contract amount, whichever is greater, except when:
This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council.
$ 2. Contract is for design, construction, r-o-w acquisition, professional services, or
Total Amended Amount: other capital costs approved by council in a capital budget appropriation
ordinance. $
3. Bid or award is for supplies or equipment included approved in the budget.
4. Contract is for manufacturer's technical support and hardware maintenance of
electronic systems and/or technical support and software maintenance from the
developer of proprietary software currently used by Whatcom County.
Summary of Scope: The purpose of this contract is to provide funding to support evidence -based services in the schools and in the
community that have been shown to reduce elevated risk factors for substance use disorders and behavioral health issues in Whatcom
County.
Term of Contract: 6 Months Expiration Date: 12/31/2018
Contract Routing: 1. Prepared by: JT Date: 7/10/2018
2. Attorney signoff:
Date:
3. AS Finance reviewed:
Date:
4. IT reviewed (if IT related):
Date:
d
5. Contractor signed:
Date:
6. Submitted to Exec.:
Date:
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
�GTIJI
COUNTY ORIGINAL [WHATCOM COUNTY
CON-FRACT NO. �
PROFESSIONAL SERVICE AGREEMENT
NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION, LLC (North Sound BHO)
AND
WHATCOM COUNTY
CONTRACT #NORTH SOUND BHO-WHATCOM-PSC 18
THIS AGREEMENT is entered into between NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION, LLC
(North Sound BHO)/PREPAID HEALTH PLAN, 301 Valley Mall Way, Suite 110, Mount Vernon, WA
98273 and WHATCOM COUNTY (Contractor), 509 Girard Street 37, Bellingham, WA 98225.
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
I. Terms and Conditions
A. Term: This Agreement shall take effect July 1, 2018 and shall continue in full force and
effect through December 31, 2018.
B. Termination: This Agreement may be terminated in whole or in part by either party for
any reason by giving 30-calendar days' written notice to the other party.
Loss of Funding: In the event funding from any source is withdrawn, reduced, or
limited in any way after the effective date of this Agreement and prior to
termination, North Sound BHO may terminate this Agreement by written notice
effective upon Contractor's receipt of written notice. The parties may re-
negotiate under new funding limitations and conditions.
Breach: This Agreement may be terminated for any breach by either party. The
terminating party shall give the breaching party five (5)-calendar days' written
notice to cure the breach. Failure to cure shall cause this agreement to
terminate immediately at the end of the five (5)-day period.
C. Amendments: This Agreement may only be amended by written consent of both
parties.
D. Compliance with Laws: Contractor shall comply with all applicable federal, state and
local laws, rules and regulations in performing this Agreement, including, but not limited
to, laws against discrimination and conflict of interest laws.
E. Confidentiality: The parties shall use personal information and other confidential
information gained by reason of this Agreement only for the purpose of this Agreement.
All parties shall not disclose, transfer, or sell any such information to any other party,
except as provided by law or, in the case of personal information except as provided by
law or with the prior written consent of the person whom the personal information
pertains. The parties shall maintain the confidentiality of all personal information and
other confidential information gained by reason of this Agreement and shall return or
certify the destruction of such information if requested in writing by the party to this
Agreement that provided the information.
Page 1 of 6
95
F. Debarment Certification: Contractor, by signature to this Agreement, certifies that
Contractor and any Owners are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any Federal department or
agency from participating in transactions (Debarred) and is not listed in the Excluded
Parties List System in the System for Award Management (SAM) website. Contractor
shall immediately notify North Sound BHO if, during the term of this Contract,
Contractor becomes debarred.
G. Relationship of Parties: Contractor agrees Contractor shall perform the services under
this Agreement as an independent Contractor and not as an agent, employee, partner,
joint venture or servant of North Sound BHO. The parties agree Contractor is not
entitled to any benefits or rights enjoyed by employees of North Sound BHO. Contractor
specifically has the right to direct and control Contractor's own activities in providing the
agreed upon services in accordance with the specifications set forth herein. North
Sound BHO shall only have the right to enforce Contractor's performance.
H. Indemnification: Contractor shall defend, hold harmless and indemnify North Sound
BHO and its member counties and employees against any and all claims, liabilities,
damages or judgments asserted against, imposed upon, or incurred by North Sound BHO
and it member counties and employees alleged to arise out of intentional acts and/or
the negligent or wrongful acts or omissions of Contractor or Contractor's officers and
employees, agents or volunteers.
North Sound BHO shall defend, hold harmless and indemnify Contractor and its member
districts and employees against any and all claims, liabilities, damages or judgments
asserted against, imposed upon, or incurred by Contractor and it member districts and
employees alleged to arise out of intentional acts and/or the negligent or wrongful acts
or omissions of North Sound BHO or North Sound BHO'S officers and employees, agents
or volunteers.
For the purposes of these indemnifications, the Parties specifically and expressly waive
any immunity granted under the Washington Industrial Insurance Act, Title 51 RCW.
This waiver has been mutually negotiated and agreed to by the Parties.
Ratification
This contract will go into effect and shall be fully enforceable when signed by authorized
representatives of all parties involved. This contract will be submitted for ratification at
the next scheduled meeting of the North Sound BHO County Authorities Executive
Committee. If not ratified by the Committee, North Sound BHO will terminate the
contract either immediately or within a reasonable amount of time at North Sound
BHO's discretion.
J. Resolution of Disputes
The parties wish to provide for prompt, efficient, final and binding resolution of
disputes or controversies, which may arise under this Agreement and therefore
establish this dispute resolution procedure.
NORTH SOUND BHO-WHATCOM-PSC 18
Page 2 of 6
0
2. All claims, disputes and other matters in question between the parties arising out
of, or relating to this Agreement shall be resolved exclusively by the following
dispute resolution procedure unless the parties mutually agree in writing
otherwise:
a. The parties shall use their best efforts to resolve issues prior to giving
written Notice of Dispute.
b. Within 10 working days of receipt of the written Notice of Dispute, the
parties (or their designated representatives) shall meet, confer and
attempt to resolve the claim within the next 5 working days.
C. The terms of the resolution of all claims concluded in meetings shall be
memorialized in writing and signed by each party.
d. Arbitration: If the claim is not resolved within 24 days of the initial
notice, the parties shall proceed to arbitration as follows:
i. Demand for arbitration shall be made in writing to the other
party. The parties shall select one person as arbitrator.
ii. If there is a delay of more than 10 days in the naming of the
arbitrator, either party can ask the presiding judge of Skagit
County to name the arbitrator.
iii. The professional fees and administrative costs of the arbitrator
shall be paid 50/50 by the parties; the prevailing party shall be
entitled to recover from the other party all costs and expenses,
including reasonable attorney fees. The arbitrators shall
determine which party, if any, is the prevailing party.
iv. The parties agree that the arbitrators' decision shall be binding,
final and enforceable subject to timely appeal to Skagit County
Superior Court only as provided in Chapter 7.04A RCW.
V. Unless the parties agree in writing otherwise, the unresolved
claims in each notice of dispute shall be considered at an
arbitration session which shall occur in Skagit County no later
than 60 days after the close of the meeting described in
paragraph (b) above.
vi. The Provisions of this section shall, with respect to any
controversy or claim, survive the termination or expiration of
this Agreement.
vii. Nothing contained in this Agreement shall be deemed to give
the arbitrator the power to change any of the terms and
conditions of this Agreement in any way.
viii. The prevailing party in any action to compel arbitration or to
enforce an arbitration award shall be awarded its costs,
including attorney fees. Venue for any such action is exclusively
Skagit County Superior Court.
NORTH SOUND BHO-WHATCOM-PSC 18
Page 3 of 6
97
ix. This Agreement shall be governed by laws of the State of
Washington, both as to interpretation and performance.
Records and Reports: Contractor shall maintain books, records, documents and other
evidence, which sufficiently and properly reflect all direct and indirect costs expended in
the performance of the services described herein. Contractor shall retain all books,
records, documents and other material relevant to this Agreement for five (5) years'
after its expiration and all payment for the contract have been made. The later of the
two (2) dates initiates the five (5) year timeframe. All books, records, documents,
reports and other data related to this contract shall be subject to inspection, review
and/or audit by North Sound BHO personnel or other parties authorized by North Sound
BHO, DSHS, the Office of the State Auditor and authorized federal officials during regular
business hours and upon demand.
L. Survivability
The terms and conditions contained in this Contract that by their sense and context are
intended to survive the expiration of this Contract shall so survive. Surviving terms
include, but are not limited to: Order of Precedence, Financial Terms, Contract
Performance/Enforcement, Confidentiality of Individual Information, Resolution of
Disputes, Indemnification, Oversight Authority, Maintenance of Records and Ownership
of Materials.
II. Compensation
A. Consideration: Contractor shall be paid only if North Sound BHO has a fully executed
contract on file.
B. Payment Procedures: Contractor shall submit an invoice by the close of business on the
loth day of the month after the month in which services were provided. Invoice shall
document services in accordance with Exhibit B.
C. Failure to submit an invoice by the loth may delay payment for one (1) month.
No invoices will be accepted 30 days after the service. Contractor shall submit a final
billing for this Agreement no later than 30 days after the contract expiration date.
Until notified otherwise, Contractor shall submit all requests for reimbursement to:
NORTH SOUND BEHAVIORAL HEALTH ORGANIZATION, LLC
ATTN: Fiscal Officer
301 Valley Mall Way, Suite 110
Mount Vernon, WA 98273
D. Reporting Requirements and Reconciling monthly payments: On a monthly basis
Contractor shall submit a detailed invoice. Contractor will document actual
minutes/hours worked by date and type of service provided.
NORTH SOUND BHO-WHATCOM-PSC 18
Page 4 of 6
E. Reimbursed Expenses: Contractor shall be reimbursed for services provided under this
contract. Mileage reimbursement shall conform to the currently published mileage rate
for business travel deductions set by the Internal Revenue Service for all business -
related travel. Mileage usage documentation shall be attached to the monthly invoice
when applicable. The reimbursement request shall be itemized on the monthly invoice.
Ill. Service Expectations
Contractor shall provide services as outlined in Exhibit A. Funds shall be spent according to the
parameters of Exhibit B.
IV. Miscellaneous
A. Assignments: Neither party may assign its rights or delegate its performance hereunder
to any person or entity without the prior written consent of the other party.
B. Entire Agreement: This Agreement constitutes the entire agreement with respect to the
subject matter hereof and there are no other agreements, written or oral, relating to the
subject matter hereof.
C. Headings: Paragraphs headings are for convenience and reference only and shall have
no effect upon the construction or interpretation of any party of this Agreement.
D. Severability: If any provision of this Agreement is found by a court to be invalid,
unenforceable, or contrary to applicable law, the remainder of this Agreement or the
application of such provision to persons or circumstances other than those to which it is
held invalid, unenforceable, or contrary to applicable law, shall not be affected and shall
continue in full force and effect.
E. Notices: All notices pertaining to this Agreement shall be written and delivered, by
certified US mail or by hand delivery to the addresses shown below. Notices shall be
deemed served upon receipt, or three (3) days after postmark if mailed. Notices
transmitted by facsimile, which are followed immediately by mailing, shall be deemed
received on the date of the facsimile transmission.
F. Venue: This Agreement shall be construed, both as to validity and performance and
enforced, subject to Paragraph (I.G), in accordance with the laws of the State of
Washington. The venue of any action brought hereunder shall be Skagit County.
G. Power to Execute: Both parties warrant they have the power and authorization to
execute this Agreement and any other documents executed pursuant to this Agreement.
This contract will go into effect and shall be fully enforceable when signed by authorized
representatives of all parties involved. This contract is subject to ratification after it becomes
effective. This contract will be submitted for ratification at the next scheduled meeting of the
North Sound BHO County Authorities Executive Committee ("the Committee"). If not ratified by
the Committee, North Sound BHO will terminate the contract either immediately or within a
reasonable amount of time at North Sound BHO's discretion.
NORTH SOUND BHO-WHATCOM-PSC 18
Page 5 of 6
• •
IN WITNESS WHEREOF, the Parties have executed this Agreement on the dates set forth below.
NORTH SOUND RHO
Jo Valentine Date
Executive Director
1AWHATCOM COUNTY
7LK,#j'
Regin & lahunt Date
Director
Approved as to Form for North Sound Behavioral Health Organization, LLC (North Sound BHO):
Basic Form approved by Brad Furlong
Attorney at Law
NORTH SOUND BHO-WHATCOM-PSC 18
10/1/01 (reviewed 2013)
Page 6 of 6
100
DEPARTMENT APPROVAL
Anne Deacon, Human Services Manager
WHATCOM COUNTY
JACK LOUWS
County Executive
STATE OF WASHINGTON
COUNTY OF WHATCOM
On this day of
f 1Z
Date
2018, before me personally
appeared Jack Louws, to me known to be the Executive of Whatcom County and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
APPROVED AS TO FORM
Royce Bucki am, D rosecuting Attorney
NOTARY PUBLIC in and for the State of Washington,
residing at Bellingham.
My Commission expires:
Date
101
EXHIBIT A
North Sound Behavioral Health Administration
Budget 7/1/18 to 12/31/18
Whatcom County SUD Youth Community
Partnership Development and Coordination
Six Month Budget Six Month Budget
Revenues
Medicaid Funds
Local Funds
Expenses
Salaries & Wages & Benefits
Office & Operating Supplies
Small Tool & Minor Equipment
Professional Services
Communications
Travel
Advertising
Operating Rentals
Insurance
Utilities
Repair & Maintenance
Machinery & Equipment*
Miscellaneous Expense
Capital
Direct Cost Allocations
Indirect Cost Allocations 15%
Other
Total
$ 115,506
Total $ 115,506
100,4401
15,0661
$ 115,506
$ 12,834
$ 12,834
* The definition of capital for Medicaid is a single piece of equipment or single item more than $5,000.
NORTH SOUND BHO-WHATCOM-PSC-18
11,160 I
1,674
12,834
Page 1 of 1
102
Exhibit B
Whatcom County
Substance Use Disorder (SUD) Community Partnership
July — December 2018
Background
The Whatcom County Health Department utilizes Substance Abuse Mental Health
Services Administration (SAMHSA) Strategic Planning Framework to determine needs
and resources, and to select and implement Substance Abuse Prevention and Mental
Health Promotion programs in the county. The department currently supports three (3)
Community Prevention & Wellness Initiative (CPWI) sites in Whatcom County and also
contracts with all seven (7) school districts in Whatcom County to deliver behavioral
health services. Strategies outlined below will seek to reduce priority risk factors
identified in the local assessment process.
II. Strategies
Whatcom County will utilize funding to support evidence -based services in the schools
and in the community that have been shown to reduce elevated risk factors in Whatcom
County. The targeting of multiple risk factors in multiple domains makes this an
effective combination. Services will be available throughout the county, with the
exception of the Student Assistance Program being targeted in one (1) priority
geographical area.
1. Student Assistance Program (SAP) — The Student Assistance Specialist (SAS) will
provide Motivational Interviewing (MI) and other identified strategies on the
Dedicated Marijuana Account (DMA) list, in schools, to support the Prevention,
Intervention, Treatment Aftercare (PITA) continuum. Efforts will include
individual and small group activities.
2. Case Management Services — Case Management Services will be provided in
schools to connect students with resources that meet their identified individual
needs. Services will include one-on-one support with supporting group
activities. These services may include MI as appropriate.
3. Strengthening Families Program (SFP) — SFP is a family skills training
intervention designed to enhance school success and reduce youth substance
use and aggression among 10- to 14-year-olds. Seven (7) sessions provide
instruction for parents on understanding the risk factors for substance use,
parent -child bonding, monitoring compliance with parental guidelines and other
related skills.
NORTH SOUND BHO-WHATCOM-PSC-18
Page 1 of 2
103
Exhibit B
4. Community Education & Outreach —The community will receive critical
information about substance abuse trends, norms, and resources for those
experiencing addiction. A focus of these efforts will include social norming, as
80% of students in 10th grade incorrectly believe more of their peers using
substances than factually are and opiate abuse.
Training & Capacity —Training on priority behavioral health issues will be
delivered to individuals throughout the county. Recipients will also include local
services providers. Topics will be locally prioritized, based on data from the
Healthy Youth Survey and other data sources.
NORTH SOUND BHO-WHATCOM-PSC-18
Page 2 of 2
104
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2018-231
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
L
8/8/18
Finance
Division Head:
PR
0712712018
8/8/18
Council
Dept. Head:
Prosecutor:
el
W,rq
HAT� 0M
UNCH-L-'
Purchasing/Budget:
7,12
Executive:
or
TITLE OF DdU T- Fiber Optic Lease for Williamson Way
A TIA CHMENTS.
1. Cover Memo on Contract
2. Contract Information Sheet
3. Service Order
4. Master Services Agreement for Enterprise Services — Government Customer
SEPA review required? ) Yes ( X) NO
Should Clerk schedule a hearing? Yes X) NO
SEPA review completed? ) Yes ( X) NO
Requested Date:
SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
Request approval for the County Executive to enter into an agreement between Whatcom County and Wave Business
Solutions, LLC (Wave) for a six year lease for fiber optic connectivity from the Courthouse to the Facilities
Management building on Williamson Way. This includes a one-time installation fee of $10,000.00 and a monthly fee
of $785.00 plus applicable fees and taxes for a total amount over six years of $66,520.00.
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.wliatcoiii.wa.uslcouncil.
105
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
�GOM CO
�SHING�
MEMORANDUM
TO: Jack Louws, County Executive
Whatcom County Council
FROM: Perry Rice, IT Manager
Rob Ney, Facilities Projects & Operations Manage
RE: Fiber Optic Lease Agreement for Williamson Way
DATE: July 30, 2018
Enclosed for your consideration is the proposed Dark Fiber Optic Lease agreement
between Whatcom County and Wave Business Solutions, LLC (Wave) for connectivity
to the Williamson Way building.
• Background and Purpose
Facilities Management is in the process of relocating their operations to the Williamson
Way building. The purpose of this agreement is to provide Whatcom County with two
(2) strands of single mode dark fiber optic connectivity between the Whatcom County
Courthouse located at 311 Grand Avenue, Bellingham and the Williamson Way
building at 3720 Williamson Way, Bellingham. One fiber optic strand will be for the
County Data Network (file services, print services, telecommunications, servers, etc.)
and the other fiber optic strand will be for the Facilities Network (proximity lock,
security video and HVAC). Wave is a sole source vendor since it has fiber optic
infrastructure directly connected to the Courthouse Data Center.
• Funding Amount and Source
The total amount of the agreement over the initial 72 month service term is $66,520
($785 per month) plus applicable monthly fees and taxes and a one-time installation
fee of $10,000. The one-time installation fee is for Wave to extend their fiber optic
network underground from Airport Drive to the Facilities Building on Williamson Way.
Funding for this agreement for 2018 will be from the Facilities Management Williamson
Way Construction Budget. Expenditure authority for the monthly costs starting in 2019
will be requested in the 2019 — 2020 Biennial Budget.
• Contact Information
Please contact Perry Rice at x5235 or Rob Ney at x5387 if you have any questions or
concerns regarding the terms of this agreement.
106
WHATCOM COUNTY CONTRACT Whatcom County Contract No.
INFORMATION SHEET
Originating Department:
Information Technology
Division/Program: (i.e. Dept. Division and Program)
AS -IT -Technology
Contract or Grant Administrator:
Perry Rice — IT Manager
Contractor's / Agency Name:
Wave Business Solutions, LLC
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #:
Does contract require Council Approval? Yes ® No ❑ If No, include WCC: 3.08.100
(see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100)
Is this a grant agreement?
Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#:
Is this contract grant funded?
Yes ❑ No ® If yes, Whatcom County grant contract number(s):
Is this contract the result of a RFP or Bid process? Contract
Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 50727
Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form.
If YES, indicate exclusion(s) below:
® Professional services agreement for certified/licensed professional.
❑ Contract work is for less than $100,000. ® Contract for Commercial off the shelf items (COTS).
❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000.
❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA.
Contract Amount:(sum of original contract
Council approval required for; all property leases, contracts or bid awards exceeding
amount and any prior amendments):
$40,000, and professional service contract amendments that have an increase greater
$10,000 Installation Fee
than $10,000 or 10% of contract amount, whichever is greater, except when:
$785/mo. plus applicable fees and taxes
1. Exercising an option contained in a contract previously approved by the council.
$ Total: $66,520 over six years
2. Contract is for design, construction, r-o-w acquisition, professional services, or
other capital costs approved by council in a capital budget appropriation
This Amendment Amount:
$
ordinance.
3. Bid or award is for supplies or equipment included approved in the budget.
Total Amended Amount:
4. Contract is for manufacturer's technical support and hardware maintenance of
$
electronic systems and/or technical support and software maintenance from the
developer of proprietary software currently used by Whatcom County.
Summary of Scope:
Request approval for the County Executive to enter into an agreement between Whatcom County and Wave Business Solutions, LLC (Wave)
for a six year lease for fiber optic connectivity from the Courthouse to the Facilities Management building on Williamson Way. This includes
a one-time installation fee of $10,000.00 and a monthly fee of $785.00 plus applicable fees and taxes for a total amount over six years of
$66,520.00.
Term of Contract: Term: Ongoing
TExpiration Date: Until vacated by either party
Contract Routing: 1. Prepared by: PR
Date:
2. Attorney signoff.
Date:
3. AS Finance reviewed:
Date:
4. IT reviewed (if IT related):
Date:
5. Contractor signed:
Date:
6. Submitted to Exec.:
Date:
7. Council approved (if necessary):
Date:
8. Executive signed:
Date:
9. Original to Council:
Date:
Last edited 10/31/16
ti/
107
DARK FIBER ORDER
This Dark Fiber Order (this "Service Order') is entered into as of the date of last signature below (the "Effective Date"), by and
between WAVE BUSINESS SOLUTIONS, LLC, a Washington limited liability company ("Provider"), and WHATCOM COUNTY, a political
subdivision of the State of Washington ("Customer"). This Service Order is made pursuant to and will be governed by that certain
Master Services Agreement between Provider and Customer dated July 27, 2018 (the "MSA"). All capitalized terms used but not
defined in this Service Order shall have the meanings given to them MSA.
Section 1: Description of Fiber Routes and Charres. Provider shall deliver to Customer the dark fiber service(s) set forth in the
following table (each, a "Service," and collectively, the "Services"). The Services shall connect the "End Points" set forth below (each
such connection, a "Fiber Route"), using the number of dark fiber strands described below, at a loss budget not to exceed the
"Maximum Loss Budget" set forth below, in exchange for the one-time, non -recurring installation cost ("NRC") set forth below, and
the monthly recurring charges ("MRC") set forth below:
Fiber
Location A
Location Z
Description
Maximum
Loss
NRC
MRC
Route
End Point
End Point
of Fiber
Budget
identifier
Whatcom County Courthouse
Facilities Management
2 strands
7 dB @
Fiber
311 Grand Avenue
3720 Williamson Way
single mode
1310 nm
$10,000
$785
Route 1
Bellingham, WA 98225
Bellingham, WA 98226
dark fiber
TOTAL COST:
$10,000
$785
® Provider shall invoice Customer for the NRC upon Service Commencement Date, and shall be paid by Customer within
(30) days of receipt.
Section 2: initial Service Term. The Initial Service Term for the Services is seventy-two (72) months. The estimated installation date
for the Service is 6 — 8 weeks from the Effective Date of this Service Order.
Section 3: Customer Information.
Account Name: Whatcom County Invoicing Address: Whatcom County, Information Technology
Account Executive to Customer: Jeff Stoner 311 Grand Avenue, Suite 305
Bellingham, WA 98225
ATTN: Tami Gee -Hardy
To facilitate communication the following information is provided as a convenience and may be updated at any time without affecting
the enforceability of the terms and conditions herein:
Customer Site/Technical Contact:
Lee LaMar
LLaMar@co.whatcom.wa.us
360-778-5243(Ph)
DARK FIBER ORDER
Wave Business Solutions, LLC / Whatcom County
Customer Billing Contact:
Tami Gee -Hardy
t;eehard co.whatcom.w_q.us
360-778-5236
[Signatures on following page.]
Other Customer Contact:
Perry Rice
uric. co.whatcorn,wa.us
360-778-5235
pg. 1
07/27/2018
m
IN WITNESS WHEREOF, Whatcom County and Wave Business Solutions, LLC have executed this Amendment on the
date and year below written.
DATED this �i day of 2018.
WAVE BUSINESS SOLUTIONS, LLC
Paul Ko XSVP Commercial Services
STATE OF WASHINGTON }
} ss.
COUNTY OF KING )
On this day of, 2018, before me personally appeared Paul Koss to me known to be the SVP Commercial Service of Wave Business
Solutions, LLC, who exeduted the above instrument and who acknowledged to a act of signing and sealin eof.
�►� �.,,®�� NOTARY PUBLIC in and for the State of Washington;
_ ro-e- printed name,
residing at -Sea-le-1--vo.
My commission expires !�
WHATCOM COUNTY:
Rec ded far Appro L
l
IT Managd Date
Approve as to form:`
Prosecuting Attorney Date
DARK FIBER ORDER
Wave Business Solutions, LLC / Whatcom County
pg. 2
07/27/2018
Approved:
Accepted for Whatcom County:
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,
printed name.
residing at . My commission expires
CONTRACTOR INFORMATION:
WAVE BUSINESS SOLUTIONS, LLC
401 PARKPLACE CENTER, SUITE 500
KIRKLAND, WA 98033
Contact Name: Jeff Stoner
Contact Phone: 360-914-4541
Contact FAX: 206-538-0910
Contact Email: jstoner@wavebusiness.com
[The remainder of this page is intentionally left blank.]
DARK FIBER ORDER
Wave Business Solutions, LLC / Whatcom County
pg. 3
07/27/2018
110
This Master Services Agreement for Enterprise Services (this "MSA") is entered into as of this 27th day of July, 2018 (the
"Effective Date"), by and between WAVE BUSINESS SOLUTIONS, LLC, a Washington limited liability company, on behalf of itself
and its Affiliates (collectively, "Provider"), and WHATCOM COUNTY, a political subdivision of the State of Washington
("Customer"). For purposes of this MSA, the term "Affiliate" shall mean any other person which directly, or indirectly through
one or more intermediaries, controls, or is controlled by, or is under common control with, the first person or any of its
subsidiaries. Each of Provider and Customer may be referred to in this MSA as a "Party" and together as the "Parties."
ARTICLE 1— STRUCTURE OF AGREEMENT
1.1 Purpose of MSA. Provider and its Affiliates provide various facilities -based telecommunications services, including
Ethernet transport, dedicated internet access,, phone over fiber, dark fiber, and related services (as applicable, the "Services").
This MSA is neither an agreement to purchase nor a commitment to provide Services. The purpose of this MSA is to provide the
general terms, conditions and framework within which Customer and its Affiliates may from time to time purchase Services from
Provider and its Affiliates, pursuant to one or more "Service Orders," as described in Section 1.2 below.
1.2 Service Orders. The purchase of Services shall be accomplished only through the negotiation and mutual execution and
delivery of a Service Order memorializing the terms and conditions pursuant to which Provider shall provide the desired Services
to Customer. Service Orders shall clearly specify the following: (i) the type of Service at issue (e.g., Internet access, data transport,
VoIP, dark fiber, etc.); (ii) the location(s) at which the Service is to be provided (each, a "Service Site"); (iii) the initial term of the
Service Order (the "Initial Service Term"); (iv) the pricing for the Service, including (a) the monthly recurring charges ("MRC") for
the Service, and (b) any non -recurring charges ("NRC") associated with installation of the Service; and (v) any other terms or
conditions specific to the particular Service Order. Each fully -executed Service Order shall be governed by and become part of this
MSA, and this MSA together with all fully -executed Service Orders shall be collectively referred to as the "Agreement."
1.3 Additional Documents Comprising Agreement; Order of Precedence. If one or more Service Level Agreements are
attached to this MSA as Exhibits (the "SLA"), the SLA constitutes a part of this MSA. Customer's use of any Services purchased
pursuant to the Agreement will also be governed by Provider's Acceptable Use Policy for Commercial Services (the "AUP") which
is attached to this MSA as Exhibit C. Additional provisions that are applicable only to specific types of Services are contained in
Provider's Service -Specific Terms and Conditions (the "Service -Specific T&Cs") which is attached to this MSA as Exhibit D. In the
event of a conflict between the provisions of any of the foregoing documents, the documents shall have the following order of
precedence unless expressly stated otherwise in a particular Service Order: (i) this MSA (including the SLA); (ii) the applicable
Service Order; (iii) the AUP; and (iv) the Service -Specific T&Cs.
ARTICLE 2 —TERM AND RENEWAL
2.1 Term of MSA. The term of this MSA (the "MSA Term") shall be for five (5) years, commencing on the Effective Date and
expiring on the date that is one day prior to the fifth (51h) anniversary of the Effective Date. Notwithstanding the foregoing, so long
as any one or more Service Orders entered into pursuant to this MSA remain in effect, this MSA shall not terminate with respect
to said Service Orders but shall continue to govern same until the expiration or termination of said Service Orders.
2.2 Term of Service Orders. The Initial Service Term of each Service Order shall be as specified in the Service Order. Upon
expiration of the Initial Service Term of a Service Order, unless either Party terminates the Service Order by giving written notice
of termination to the other Party not less than thirty (30) days prior to the end of the Initial Service Term, the Service Order will
automatically renew for successive periods of one (1) year (each, a "Renewal Term"). During any Renewal Term for a Service
Order, either Party may terminate the Service Order at the end of the then -current Renewal Term by giving written notice of
termination to the other Party not less than thirty (30) days prior to the end of the then -current Renewal Term. The total period
of time a Service Order is in effect is referred to as the "Service Term" for the Service Order at issue.
ARTICLE 3 — INSTALLATION, TESTING, ACCEPTANCE AND USE
3.1 Service Site; Demarcation Points; Equipment. Unless a Service Site is within Provider's control, Customer shall provide
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 1
Wave Business Solutions, LLC / Whatcom County 07/27/2018
111
Provider with access to the Service Site as and to the extent reasonably necessary for Provider to install, test, inspect and maintain
the Service(s) ordered during the Service Term. Unless otherwise stated in a Service Order: (i) Provider shall be solely responsible
for the provision, operation and maintenance of all equipment and facilities (the "Provider Equipment") necessary to connect
Provider's network facilities to the Customer demarcation point(s) at the Service Site (the "Demarcation Point(s)"); and
(ii) Customer shall be solely responsible for the provision, operation and maintenance of all equipment and facilities (the
"Customer Equipment") from the Demarcation Point(s) to Customer's internal network. Unless a Service Site is within Provider's
control, Customer shall be responsible for maintaining appropriate NVAC, electrical power, and security at the Service Site. Title
to the Provider Equipment shall at all times remain vested in Provider. Customer shall not re -arrange, disconnect, tamper with,
attempt to repair, or otherwise interfere with the Provider Equipment, nor shall Customer permit any third party to do so.
3.2 Testing, Acceptance and Service Commencement Date. Provider shall use commercially reasonable efforts to install the
Services consistent with Provider's usual and customary installation timeline, and shall endeavor to keep Customer regularly
informed regarding installation progress. Provider shall notify Customer when a Service has been installed and is ready for testing
and use. Customer may, at Customer's option, participate in Provider's final testing of the Service. The Initial Service Term for the
Service at issue shall commence on the date on which the Service has been installed, tested and is active and available for use by
Customer (the "Service Commencement Date"). Customer shall have a period of five (5) business days after the Service
Commencement Date in which Customer may notify Provider that the Service at issue is not functioning properly. If Customer
notifies Provider of problems with a Service pursuant to this Section 3.2, Provider shall investigate and correct same and the Service
Commencement Date shall be revised to be the first calendar day after the date on which Provider has corrected the problems.
Unless Customer delivers notification of problems to Provider within the time period set forth above, Customer shall be deemed
to have accepted the Service at issue and to have confirmed that the Service has been installed and is functioning properly as of
the Service Commencement Date.
3.3 No Sub -Licensing; Non -Compete. Any Services provided to Customer pursuant to the Agreement are for the sole benefit
of Customer. Customer shall not grant to any third party the right to use any of the Services, regardless of whether such grant
were to take the form of a license, sublicense, lease, sublease, or any other form. Nor shall Customer use the Services for
commercial purposes that are competitive with Provider's business (e.g., use the Services to sell Internet access services, point-to-
point data transport services, VoIP services, etc., to third parties within Provider's service area).
ARTICLE 4 — PAYMENT AND BILLING
4.1 Invoicing. All amounts owed by Customer to Provider under the Agreement shall be collectively referred to as "Fees."
Provider shall begin billing Customer for the MRC applicable to a Service as of the Service Commencement Date. Invoices shall be
delivered monthly, and shall be paid by Customer within thirty (30) days of receipt. Fixed Fees shall be billed in advance and
usage -based Fees shall be billed in arrears. Fixed fees for any partial month shall be pro -rated. For Services having an NRC, unless
otherwise stated in the Service Order, Provider shall invoice Customer for the NRC upon full -execution of the Service Order. Except
for amounts disputed in good faith by Customer pursuant to Section 4.2 below, past due amounts shall bear interest in the amount
of 1.5% per month, or the highest amount allowed by law, whichever is lower.
4.2 Disputed Invoices. If Customer in good faith disputes any portion of a Provider invoice, Customer shall pay the undisputed
portion of the invoice and submit written notice to Provider regarding the disputed amount, which notice shall include
documentation supporting the alleged billing error (each such notice, a "Fee Dispute Notice"). A Fee Dispute Notice must be
submitted to Provider within ninety (90) days from the date the invoice at issue is received by Customer. Customer waives the
right to dispute any Fees not disputed within such ninety (90) day period. The Parties shall negotiate in good faith to attempt to
resolve any such disputes within sixty (60) days after Customer's delivery of the applicable Fee Dispute Notice. Fee disputes
unresolved within that time period shall be resolved by the mediation and arbitration procedures set forth in Sections 11.2 and
11.3 below.
4.3 Applicable Taxes. All charges for Services set forth in Service Orders are exclusive of Applicable Taxes (as defined
below). Except for taxes based on Provider's net income or taxes for which Customer possesses a valid exemption certificate,
Customer shall be responsible for payment of all applicable taxes and regulatory fees, however designated, that arise in any
jurisdiction, including, without limitation, value added, consumption, sales, use, gross receipts, excise, access, bypass, or other
taxes, fees, duties, charges or surcharges, that are imposed on, incident to, or based upon the provision, sale, or use of the
Service(s) (collectively "Applicable Taxes"). The Applicable Taxes will be individually identified on invoices. If Customer is entitled
to an exemption from any Applicable Taxes, Customer is responsible for presenting Provider with a valid exemption certificate (in
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 2
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112
a form reasonably acceptable to Provider). Provider will give prospective effect to any valid exemption certificate provided in
accordance with the preceding sentence.
ARTICLE 5 — DEFAULT AND REMEDIES
5.1 Customer Default. Each of the following shall constitute a default by Customer under the Agreement (each a separate
event of "Default"): (i) if Customer fails to pay any undisputed Fees when due, the failure of Customer to cure same within ten
(10) days after receiving written notice from Provider regarding such failure to pay; (ii) if Customer fails to comply with any other
material provision of the Agreement, the failure of Customer to cure same within thirty (30) days of receiving written notice from
Provider regarding such non-compliance; or (iii) if Customer files or initiates proceedings, or has proceedings initiated against it,
seeking liquidation, reorganization or other relief (such as the appointment of a trustee, receiver, liquidator, custodian or other
such official) under any bankruptcy, insolvency or other similar law, and the same is not dismissed within sixty (60) days.
5.2 Remedies for Customer Default. In the event of a Default by Customer under the Agreement, Provider may, at its option:
(i) suspend any applicable Services until such time as the Customer Default has been corrected (provided, however, that any
suspension shall not relieve Customer's on -going obligation to pay Provider all Fees and other amounts due under the Agreement
as if such suspension of Services had not taken place); (ii) terminate the applicable Service(s) and/or the applicable Service
Order(s); (iii) after the occurrence of any two Customer Defaults in any twelve (12) month period, terminate this MSA and all
Service Orders entered into pursuant to this MSA; and/or (iv) pursue any other remedy available to Provider under the Agreement
or applicable law. In the event of early termination for Customer Default pursuant to this Section 5.2, Customer shall pay to
Provider the Termination Charge described in Section 6.3 below.
5.3 Provider Default. Each of the following shall constitute a Default by Provider under the Agreement: (1) if Provider fails to
comply with any material provision of the Agreement other than provisions of the SLA, the failure by Provider to cure same within
thirty (30) days of receiving written notice from Customer regarding such non-compliance; or (ii) Provider files or initiates
proceedings, or has proceedings initiated against it, seeking liquidation, reorganization or other relief (such as the appointment of
a trustee, receiver, liquidator, custodian or other such official) under any bankruptcy, insolvency or other similar law, and the same
is not dismissed within sixty (60) days.
5.4 Remedies for Provider Default. In the event of a Default by Provider under the Agreement Customer may, at its option:
(i) terminate the applicable Service(s) and/or the applicable Service Order(s); (ii) terminate this MSA and all Service Orders entered
into pursuant to this MSA; and/or (iii) pursue any other remedy available to Customer under the Agreement or applicable law.
Early termination by customer shall be accomplished by providing termination notice to disconnects@wavebroadband.com and
to the notice address specified in Article 13 below. In the event of early termination for Provider Default pursuant to this
Section 5.4, Provider shall reimburse Customer for any pre -paid, unused monthly service Fees attributable to the terminated
Service(s) and/or Service Order(s), and Customer shall have no further liability to Provider for the terminated Service(s) and/or
Service Order(s). Early termination by Customer pursuant to this Section 5.4 shall not relieve Customer of its obligations to pay all
Fees incurred prior to the early termination date.
ARTICLE 6 — EARLY TERMINATION & PORTABILITY
6.1 Early Termination for Non -Appropriation. Customer is a public entity subject to legislative appropriation requirements.
As a general matter, Customer cannot legally be obligated to make payments for Services that are provided after the end of the
fiscal period in which Customer executes a particular Service Order. In the event that, for any future fiscal period, sufficient funds
are not appropriated or allocated for payment of any one or more Service Orders, Customer may terminate the Service Order at
issue as a matter of public convenience as provided herein without incurring any Termination Charge or other early termination
fee. If and when Customer becomes aware that non -allocation of funds for the coming fiscal period appears likely, Customer shall
use reasonable efforts to notify Provider of that possibility prior to the end of the then -current fiscal period. Once the non -
appropriation decision has been made, Customer shall, as soon as reasonably practicable, deliver written notice of termination for
non -appropriation to Provider specifying which Service or Services and/or which Service Order or Service Orders are being
terminated for non -appropriation and the date on which such early termination shall occur. Customer shall remain obligated to
pay for all Services delivered through the date of termination.
6.2 Early Termination for Customer Convenience. Customer may, at any time during the Service Term for a Service,
discontinue the Services and/or terminate the corresponding Service Order upon not less than thirty (30) days' advance
written notice to disconnects@wavebroadband.com and to the notice address specified in Article 13 below. Any early
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 3
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termination of a Service pursuant to this Section 6.1 shall be referred to as "Termination for Customer Convenience" In the event
of Termination for Customer Convenience, Customer shall pay to Provider the Termination Charge described in Section 6.4 below.
6.3 Early Termination for Default. In accordance with Article 5 above, either Party may elect to terminate this MSA and/or
one or more Service Orders prior to the scheduled Expiration Date in the event of an uncured Default by the other Parry.
6.4 Termination Charge. In the event of Termination for Customer Convenience pursuant to Section 6.2 above, or
termination for Customer Default pursuant to Section 5.2 above, Customer shall pay a Termination Charge to Provider. The
"Termination Charge" shall equal the sum of the following: (i) all unpaid amounts for Services actually provided prior to the
termination date; (ii) any portion of the NRC for the terminated Service(s) that has not yet been paid to Provider; and (iii) a
percentage of all remaining MRCS Customerwas to pay Provider for the remainder of the applicable Service Term (the "Remaining
Monthly Service Charges"). If a Termination Charge is incurred during the first year of the Service Term, the percentage of the
Remaining Monthly Service Charges due shall be one hundred percent (100%). If a Termination Charge is incurred during the
second or third year of the Service Term, the percentage of the Remaining Monthly Service Charges due shall be seventy-five
percent (75%). If a Termination Charge is incurred during or after the fourth year of the Service Term, the percentage of the
Remaining Monthly Service Charges due shall be fifty percent (50%). If incurred, the Termination Charge will be due and payable
by Customer within thirty (30) days after the termination date of the Service at issue. Customer acknowledges that the calculation
of the Termination Charge is a genuine estimate of Provider's actual damages and is not a penalty.
6.5 Portability; Substitution of Services. At any time during the Service Term of a Service Order, Customer may elect to
substitute new Services for then -existing Services. In such event, Provider will waive the Termination Charge associated with
the termination of the then -existing Services as long as: (i) the Fees payable to Provider in connection with the substitute
Services are equal to or greater than the Fees of the discontinued Services; (ii) Customer commits to retain the substitute Services
for a period equal to or greater than the remainder of the Service Term for the discontinued Services; (iii) Customer pays all
applicable installation and other NRCs, if any, for provision of the substitute Services; and (iv) Customer reimburses Provider
for all reasonable and documented engineering, installation and construction costs associated with the discontinued Services,
calculated on a time and materials basis, that have not already been recovered by Provider by the time of the substitution.
ARTICLE 7 —CONFIDENTIAL INFORMATION
7.1 Definition of Confidential Information. "Confidential Information" shall mean all information, including the Agreement,
regarding the telecommunications needs of Customerand the Services that Provider offers under the Agreement which is disclosed
by one Party ("Disclosing Party") to the other Party ("Receiving Party"), to the extent that such information is marked or identified
as confidential or proprietary or would be reasonably deemed confidential or proprietary given the circumstances surrounding its
disclosure. All written or oral pricing and contract proposals exchanged between the Parties shall be deemed Confidential
Information, whether or not so designated. The fact that Customer is a customer of Provider shall not be deemed Confidential
Information and may be freely disclosed by either Party. Information shall not be deemed Confidential Information if (i) it is
independently developed by or for the Receiving Party, (ii) it is lawfully received by the Receiving Party free of any obligation to
keep it confidential, (iii) it becomes generally available to the public other than by breach of the Agreement, or (iv) it was known
to the Receiving Party prior to the Disclosing Party's disclosure of same.
7.2 Obligations Regarding Confidential Information. Confidential Information is the property of the Disclosing Party and shall
be returned to the Disclosing Party upon request. The Receiving Party shall hold all Confidential Information in confidence. The
Receiving Party: (a) shall use such Confidential Information only for the purposes of performing its obligations and/or enforcing
its rights under the Agreement; (b) shall reproduce such Confidential Information only to the extent necessary for such purposes;
(c) shall restrict disclosure of such Confidential Information to employees or contractors that have a need to know for such
purposes (with disclosure to contractors being limited to contractors that have signed a non -disclosure agreement to protect the
Confidential Information of third parties); (d) shall not disclose Confidential Information to any third party without prior written
approval of the Disclosing Party except as expressly provided in the Agreement or as required by law, by court order, by
administrative order of an agency having jurisdiction, or in the enforcement of its rights under the Agreement; and (e) shall use at
least the same degree of care (in no event less than reasonable care) as it uses with regard to its own proprietary or confidential
information to prevent the disclosure, unauthorized use or publication of Confidential Information. In the event a Receiving Party
is required to disclose Confidential Information of the Disclosing Party pursuant to law, court order or administrative order of an
agency having jurisdiction, the Receiving Party will, if such notice is permitted by law, notify the Disclosing Party of the required
disclosure with sufficient time for the Disclosing Party to seekjudicial relief from the required disclosure, and reasonably cooperate
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES — GOVERNMENTAL CUSTOMER pg. 4
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with the Disclosing Party in any efforts the Disclosing Party may take to obtain protective measures in respect to the required
disclosure. The Parties agree that breach of this Article 7 may cause irreparable injury for which monetary damages are not
an adequate remedy; accordingly, each Party may seek injunctive relief and any other available equitable remedies to enforce
the provisions of this Article 7.
7.3 Public Records Act. Notwithstanding anything to the contrary contained elsewhere in this Article 7, the Parties
understand and acknowledge that Customer is a governmental entity, and that Washington law limits the ability of Customer to
shield from public disclosure any information given to Customer. Accordingly, the Parties agree to work together to avoid
disclosures to Customer by Provider of confidential information which would result in economic loss or damage to Provider if such
information were to be disclosed to third persons by Customer pursuant to a request submitted under the Public Records Act,
chapter 42.56 RCW, or other similar public disclosure law. In the event that Customer receives a request pursuant to the Public
Records Act (or other similar law) to disclose information identified by Provider in writing as confidential, Customer's sole
obligations to Provider shall be: (i) to promptly notify Provider; and (ii) to refrain from disclosing such records for a period of up
to ten (10) business days to allow Provider an opportunity to seek legal protection against disclosure from a court of competent
jurisdiction. Customer will not be required to withhold requested records beyond the ten (10) business days unless it may do so
based on good faith reliance upon an exception to disclosure under the Public Records Act, or unless Customer is ordered to
withhold disclosure by the order of a court having competent jurisdiction. Customer may, but shall not be required, to join in any
legal proceedings relating to the requested disclosure unless required to do so by the court. In the event that Provider initiates
legal proceedings, or Customer initiates legal proceedings or withholds requested records at Provider's request, Provider shall
indemnify and hold Customer harmless from and against all costs, attorneys' fees, expenses, liabilities, damages or other liabilities
Customer may incur due to the legal proceedings initiated at and/or Customer's withholding of records at Provider's request.
Customer shall not be liable to Provider for any loss, cost or expense relating to the disclosure of requested records if Provider fails
to obtain legal protection against disclosure and Customer releases the records in good faith.
ARTICLE 8 — LIMITATION OF LIABILITY
8.1 General Limitations. Provider shall not be liable for any loss or damage occasioned by a Force Majeure Event. Except as
expressly provided to the contrary elsewhere in the Agreement, Provider's aggregate liability for any and all causes and claims
arising under the Agreement, whether based in contract, tort, warranty or otherwise shall be limited to the lesser of: (i) the actual
direct damages sustained by Customer; or (ii) an amount equivalent to the total MRC received by Provider from Customer for the
Service(s) at issue during the preceding twelve (12) month period.
8.2 Service Level Agreement. Should Provider fail, on any one or more occasions, to deliver any one or more Services to
Customer in accordance with all of the terms and conditions contained in the applicable SLA, Customer's sole and exclusive remedy
for such failure shall be as set forth in the SLA. No such failure shall be considered a Default by Provider under the Agreement.
8.3 No Special Damages. EXCEPT FOR (i) EACH PARTY'S CONFIDENTIALITY OBLIGATIONS UNDER ARTICLE 7 ABOVE, (ii) EACH
PARTY'S THIRD -PARTY INDEMNIFICATION OBLIGATIONS UNDER ARTICLE 9 BELOW, AND (iii) CLAIMS ARISING FROM A PARTY'S
INTENTIONAL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, ARISING OUT OF OR INCURRED IN CONNECTION
WITH A PARTY'S PERFORMANCE OR FAILURE TO PERFORM UNDER THIS AGREEMENT, INCLUDING, BY WAY OF EXAMPLE AND NOT
BY WAY OF LIMITATION, LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS
OPPORTUNITY, LOSS OF DATA OR COST OF PURCHASING REPLACEMENT SERVICES, EVEN IF THE OTHER PARTY HAD BEEN ADVISED,
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH SPECIAL DAMAGES.
8.4 Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PROVIDER MAKES NO WARRANTIES OR
REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, EITHER IN FACT OR BY OPERATION OF LAW, AS TO THE
DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS, FITNESS FOR A PARTICULAR PURPOSE OR USE OF ANY SERVICE
PROVIDED PURSUANTTO THIS AGREEMENT.
8.5 Assumption of Risk. PROVIDER HAS NO CONTROL OVER AND EXPRESSLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY
WHATSOEVER FOR THE CONTENT OF ANY INFORMATION TRANSMITTED OR RECEIVED BY CUSTOMER THROUGH THE SERVICES,
SERVICE INTERRUPTIONS ATTRIBUTABLE TO CUSTOMER'S NETWORK, ANY CUSTOMER EQUIPMENT FAILURES, OR ANY OTHER
SUCH CAUSES, AND CUSTOMER USES THE SERVICES AT CUSTOMER'S OWN RISK. CUSTOMER SHALL BE SOLELY RESPONSIBLE
FOR THE SECURITY. CONFIDENTIALITY AND INTEGRITY OF INFORMATION CUSTOMER TRANSMITS OR RECEIVES USING ANY
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 5
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SERVICES.
8.6 Disclaimer Regarding HIPAA Compliance. If and to the extent Customer is a covered entity under the Health Insurance
Portability and Accountability Act of 1996 ("HIPAA"), and needs its business associates to comply with HIPAA, Provider hereby
notifies Customer that Provider's operations are not complaint with HIPAA. Provider's operations are generally exempt from
HIPAA pursuant to the conduit exception. However, if and to the extent the Services provided pursuant to any Service Order would
not qualify for the conduit exception, Provider's operations with respect to the Services are not HIPAA complaint. Provider will
not execute a business associate agreement under HIPAA.
ARTICLE 9 —INDEMNIFICATION FOR THIRD PARTY CLAIMS
9.1 Indemnification by Customer. Customer shall indemnify, defend and hold Provider and its members, managers, officers,
agents and employees (collectively, the "Provider Indemnified Parties") harmless from and against any and all claims, lawsuits
or damages asserted against the Provider Indemnified Parties by any third -party to the extent the same arise out of or are due to:
(i) Customer's negligence or willful misconduct in exercising its rights or performing its obligations under the Agreement;
(ii) Customer's noncompliance with or Default under the Agreement; and/or (iii) Customer's failure to comply with applicable
law in connection with its performance under the Agreement.
9.2 Indemnification by Provider. Provider shall indemnify, defend and hold Customer and its members, managers, officers,
agents and employees (collectively, the "Customer Indemnified Parties") harmless from and against any and all claims, lawsuits
or damages asserted against the Customer Indemnified Parties by any third -party to the extent the same arise out of or are due
to: (i) Provider's negligence or willful misconduct in exercising its rights and performing its obligations under the Agreement;
(ii) Provider's noncompliance with or Default under the Agreement; and/or (iii) Provider's failure to comply with applicable law in
connection with its performance under the Agreement.
9.3 Indemnification Procedures for Third -Party Claims. Should any third -party claim arise under this Article 9, the indemnified
party shall promptly notify the indemnifying party of same in writing, and shall take such action as may be necessary to avoid
default or other adverse consequences in connection with such claim. The indemnifying party shall have the right to select counsel
and to control the defense and settlement of such claim; provided, however, that the indemnified party shall be entitled to
participate in the defense of such claim and to employ counsel at its own expense to assist in handling the claim, and provided
further, that the indemnifying party shall not take any action in defense or settlement of the claim that would negatively impact
the indemnified party without the consent of the indemnified party. The indemnified party shall reasonably cooperate with the
indemnifying party in the defense of the third -party claim, including making its files and personnel reasonably available to the
indemnifying party, all at the cost and expense of the indemnifying party.
ARTICLE 10 —FORCE MAJEURE EVENTS
Neither Party shall be liable for any delay in or failure of performance hereunder (other than Customer's payment
obligations under Article 4) due to causes beyond such Parry's reasonable control including, but not limited to, acts of God, fire,
flood, earthquake, ice storms, wind storms, or other sever weather events, explosion, vandalism, cable cut, terrorist acts,
insurrection, riots or other civil unrest, national or regional emergency, a governmental authority's failure to timely act, inability
to obtain equipment, material or other supplies due to strike, lockout or work stoppage, or any law, order, regulation, direction,
action or request of any civil or military governmental authority (each, a "Force Majeure Event"). The Party claiming relief under
this Article shall notify the other Party of the occurrence or existence of the Force Majeure Event and of the cessation of such
event. If any Force Majeure Event causes an increase in the time required for performance of any of its duties or obligations, the
affected Party shall be entitled to an equitable extension of time for completion. If the delay in performance caused by the Force
Majeure Event exceeds th i rty (30) days, either Party may terminate the Agreement or the applicable Service Order(s) immediately
on written notice to the other Party, without incurring any liability in connection with such termination.
ARTICLE 11— DISPUTE RESOLUTION
11.1 Good Faith Negotiations. Except for actions seeking a temporary restraining order or injunction, in the event any
controversy, disagreement or dispute (each, a "Dispute") arises between the Parties in connection with this Agreement, the
Parties shall use good faith efforts to resolve the Dispute through negotiation. In the event of a Dispute, either Party may give the
other Party written notice of the Dispute (each, a "Dispute Notice"). The parties will meet and attempt to resolve the Dispute
within sixty (60) days of the date on which the Dispute Notice is delivered. All discussions occurring and documents exchanged
during negotiations under this Section are confidential and inadmissible For any purpose in any legal proceeding involving the
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 6
Wave Business Solutions, LLC / Whatcom County 07/27/2018
116
Parties; provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non -discoverable
as a result of its use in the negotiation process. If the Parties do not resolve the Dispute within the sixty (60) day period, either of
the Parties may pursue any remedy available to it under this Agreement, at law or in equity.
11.2 Governing Law. This Agreement and all matters arising out of this Agreement shall be governed by the laws of the State
of Washington. Any judicial action arising in connection with this Agreement shall be in the Superior Court of the State of
Washington in and for King County, or in the Federal District Court for the Western District of Washington, as applicable.
ARTICLE 12 —ASSIGNMENT AND ASSUMPTION
Except as otherwise provided in this Article 12, neither Party shall assign, delegate or otherwise transfer the Agreement
or its obligations underthe Agreement, in whole or in part, without the prior written consent of the other Parry. Notwithstanding
the foregoing, either Party may, without the necessity of obtaining the other Party's consent, assign its interest in and to the
Agreement to: (i) any entity acquiring such Party, whether by merger or through purchase of substantially all the assets of such
Party; (ii) a lender as an asset securing indebtedness; or (iii) an Affiliate of such party; provided, that in the event of a transfer to
an Affiliate, the transferring Party shall continue to remain liable for the obligations under the Agreement.
ARTICLE 13 — NOTICES
Unless otherwise provided elsewhere in the Agreement, any notice to be given to either Party under the Agreement will
be in writing and directed to the addresses set forth below. Notices will be deemed received (i) the next business day, when
sent by reliable, commercial overnight courier; (ii) three (3) business days after being sent by certified mail, postage prepaid
and return receipt requested; (iii) when actually received, if sent by email during the business hours of 9:00 a.m. to 5:00 p.m.
(recipient's time). Notices received after 5:00 p.m. (recipient's time) will be effective the next business day.
If to Provider:
If to Customer:
Wave Business Solutions, LLC
Whatcom County
401 Parkplace Center, Suite 500
Information Technology
Kirkland, WA 98033
311 Grand Avenue, Suite 305
ATTN: Paul Koss
Bellingham, WA 98225
Email: pkoss@wavebusiness.com
ATTN: Tami Gee -Hardy
Email: tgeehard@co.whatcom.wa.us
With a Copy to: With a Copy to:
WaveDivision Holdings, LLC
401 Parkplace Center, Suite 500
Kirkland, WA 98033
ATTN: Jim Penney
Email: jpenney@wavebroadband.com
Either party may change its notice address by giving notice to the other party in accordance with this Article.
ARTICLE 14 — REPRESENTATIONS AND COVENANTS
Each Party represents and covenants to the other as follows: (i) the execution and delivery of the Agreement and the
performance of its obligations hereunder have been duly authorized; (ii) the Agreement is a valid and legal agreement binding
on such parties and enforceable in accordance with its terms; (iii) to the best of its knowledge and belief, it is in material
compliance with all laws, rules and regulations and court and governmental orders related to the operation of its business; and
(iv) it shall comply with all applicable laws and regulations when exercising its rights and performing its obligations under the
Agreement.
ARTICLE 15 —MISCELLANEOUS
15.1 Entire Agreement; Interpretation. The Agreement constitutes the entire agreement between the Parties regarding the
subject matter hereof, and supersedes any and all prior oral or written agreements between the Parties regarding the subject
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 7
Wave Business Solutions, LLC / Whatcom County 07/27/2018
117
matter contained herein. The Agreement may only be modified or supplemented by an instrument executed by an authorized
representative of each Party. The Agreement and each of the terms and provisions of it are deemed to have been explicitly
negotiated by the Parties, and the language in all parts of the Agreement shall, in all cases, be construed according to its fair
meaning and not strictly for or against either of the Parties. if any provision of the Agreement or the application thereof to any
person or circumstance shall, for any reason and to any extent, be found invalid or unenforceable, the remainder of the Agreement
and the application of that provision to other persons or circumstances shall not be affected thereby, but shall instead continue in
full force and effect.
15.2 No Waiver. No failure by either Party to enforce any rights hereunder will constitute a waiver of such rights. Nor
shall a waiver by either Parry of any particular breach or default constitute a waiver of any other breach or default or any similar
future breach or default. Provider's acceptance of any payment under the Agreement will not constitute an accord or any other
form of acknowledgement or satisfaction that the amount paid is in fact the correct amount, and acceptance of a payment will
not release any claim by Provider for additional amounts due from Customer.
15.3 Attorneys' Fees. If any proceeding is brought by a Party to enforce or interpret any term or provision of the
Agreement, the substantially prevailing Party in such proceeding will be entitled to recover, in addition to all other relief as set
forth in the Agreement, that Party's reasonable attorneys' and experts' fees and expenses.
15.4 Relationship; No Third Party Beneficiaries. The Agreement is a commercial contract between Provider and Customer
and the relationship between the Parties is that of independent contractors. Nothing in the Agreement creates any
partnership, principal- agent, employer -employee or joint venture relationship between the Parties or any of their Affiliates,
agents or employees for any purpose. The Agreement is for the sole benefit of Provider and Customer and is not intended to
confer any rights on any other person; there are no third party beneficiaries of the Agreement.
15.5 Exhibits. The following Exhibits, which are attached to this MSA, are incorporated herein and by this reference made a
part of this MSA:
EXHIBIT A
- Service Level Agreement for Lit Fiber Services
EXHIBIT B
- Service Level Agreement for Dark Fiber Services
EXHIBIT C -
Acceptable Use Policy for Commercial Services
EXHIBIT D -
Service -Specific Terms and Conditions
EXHIBIT E -
Form of Certificate of Insurance
15.6 Computation of Time. Except where expressly provided to the contrary, as used in the Agreement, the word "day" shall
mean "calendar day," and the computation of time shall include all Saturdays, Sundays and holidays for purposes of determining
time periods specified in the Agreement. If the final date of any period of time set out in any provision of the Agreement falls
upon a Saturday or a Sunday or a legal holiday, then in such event, the time of such period shall be extended to the next day that
is not a Saturday, Sunday or legal holiday. As used in the Agreement, the term "business day" shall mean a day that is not a
Saturday, Sunday or a legal holiday.
15.7 Counterparts. This MSA and any Service Order entered into by the Parties pursuant to this MSA may be executed in
multiple counterparts, each of which shall constitute an original, and all of which shall constitute one and the same
instrument. Any executed documents sent to the other Party in portable document format (pdf) images via email will be
considered the same as an original document.
15.8 Proof of Insurance:
The Contractor shall, at its own expense, obtain and continuously maintain the following insurance coverage. All insurers
providing such insurance shall have an A.M. Best Rating of not less that A- (or otherwise be acceptable to the County) and
be licensed to do business in the State of Washington and admitted by the Washington State Insurance
Commissioner. Coverage limits shall be the minimum limits identified in this Agreement or the coverage limits provided or
available under the policies maintained by the Contractor without regard to this Agreement, whichever are greater:
Commercial General Liability
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 8
Wave Business Solutions, LLC / Whatcom County 07/27/2018
118
a. Property Damage - $500,000.00 - per occurrence
b. General Liability & bodily injury- $1,000,000.00 — per occurrence; $2,000,000 - Minimum, Annual Aggregate.
C. Business Automobile Liability $1, 000,000 Minimum, per occurrence
$2,000,000 Minimum, Annual Aggregate
Contractor shall provide auto liability coverage for owned, non -owned and hired autos using ISO Business Auto
Coverage form CA 00 01 or the exact equivalent with a limit of no less than $1,000,000 per accident. If Contractor
owns no vehicles this requirement may be met through a non -owned auto Endorsement to the CGL policy.
The Contractor must provide a Certificate of Liability Insurance with Endorsements on the CGL and auto policy, which
shall identify the County, employees, officers, agents, officials and volunteers as named Additional Insureds, and as may
be attached hereto as Exhibit "E". The Contractor's insurance shall be considered primary and shall waive all rights of
subrogation. The County insurance shall be non-contributory. The CGL policy shall be an occurrence basis. All Contractor's
and Contractor's subcontractors' insurance policies shall also name the County as an additional named insured with
endorsements, provide primary insurance coverage, waiver of subrogation and the County's insurance shall be non-
contributory. Any insurance, self -insured retention, deductible, risk retention or insurance pooling maintained or
participate in by the County shall be excess. All Contractor's and subcontractors' liability insurance policies must be
endorsed to show this primary coverage.
The Contractor must submit the certificate of liability insurance with endorsements as required above to the County prior
to the commencement of any work on this project. The County must be notified immediately of any cancellation of the
policy or change in insurer carrier. Contractor shall immediately provide a copy to the County of the certificate of
liability and endorsements when there is a change in insurance carrier or when the policy is renewed so that the County
maintains a current copy of the Contractor's policy with the required certificate and endorsements. The County not
confirming adequate proof of insurance requirements does not constitute a waiver of the Contractor's insurance
requirement under this contract.
[Signatures on following pages.]
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER pg. 9
Wave Business Solutions, LLC / Whatcom County 07/27/2018
119
IN WITNESS WHEREOF, Whatcom County and Wave Business Solutions, LLC have executed this Amendment on
the date and year below written.
DATED this �°�.,day of _ "��2018.
CONTRACTOR:
WAVE BUSINESS SOLUTIONS, LLC
Paul Koss, S Commercial Services
STATE OF WASHINGTON )
ss.
COUNTY OF KING )
41
On this day of A 2018, before me personally appeared Paul Koss to me known to be the SVP Commercial Service of Wave
Business Solutions, LLC, who executed the above instrument and who acknowledged to me the agt4 signing and sealing thereof.
sd NOTARY PUBLIC in and for the State of Washington,
a-e- printed name,
residing at@
My commission expires dgjuS 2
Recommended for Approval:
a 4
IT Manag2f Date
Adpprav d as to form:
Prosecuting Attorney Date
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES— GOVERNMENTAL CUSTOMER pg. 10
Wave Business Solutions, LLC / Whatcom County 07/27/2018
Approved:
Accepted for Whatcom County:
By: '
Jack Louws, Whatcom I
oun Exec ive
STATE OF WASHINGTON )
SS
COUNTY OF WHATCOM )
On thi day of 20 before me personally appeared Jack Louws, to me known to be the Executive of
Whatcom County, who ecuted the above instrument and who acknoVltd° ed to me the act of signing and sealing thereof.
'ARY PUBLIC in and
No
WAVE BUSINESS SOLUTI
401 PARKPLACE CENTER
KIRKLAND, WA 98033
Contact Name: Jeff Stoner
Contact Phone: 360-914-4541
Contact FAX: 206-538-0910
Contact Email: jstoner@Wavebusiness.com
[The remainder of this page is intentionally left blank.]
MASTER SERVICES AGREEMENT FOR ENTERPRISE SERVICES —GOVERNMENTAL CUSTOMER
Wave Business Solutions, LLC / Whatcom County
State of Washington,
printed name.
My commission expires
pg. 11
07/27/2018
121
EXHIBIT A
Service Level Agreement
for
High Availability Enterprise Services
This Service Level Agreement for High Availability Enterprise Services (this "SLA") is a part of the Master Services
Agreement for Enterprise Services ("MSA") between Wave Business Solutions, LLC ("WAVE") and Customer. This SLA
applies to the following types of Enterprise Services offered by WAVE: (a) Data Transport Services, (b) Dedicated Internet
Access Services, and (c) Phone Solutions Over Fiber Services.
1. AVAILABILITY SLA
WAVE's Network is designed to provide a target Availability of at least 99.9% per month. If the Availability target is not
achieved in a given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must
be claimed as described in this SLA.
Target Availability
I Duration of Service Outage
Customer Credit as % of MRC for
the applicable Circuit
99.9% Availability
Less than 45 minutes
Target Met
45 Min. up to 4 hours
5%
> 4 hours up to 12 hours
10%
> 12 hours up to 18 hours
20%
> 18 hours up to 24 hours
35%
> 24 hours
50%
*Customer credits for Unavailability are calculated on an individual circuit basis, and the amount of any
credit is based on the portion of MRC allocable to the affected circuit.
2. MEAN TIME TO RESTORE ("MTTR") SLA
In the event of Outages in Services due to failure or malfunction of the WAVE Network or WAVE Equipment, WAVE's NOC
is designed to provide a MTTR of 6 hours or less. If the target MTTR is not met for a particular circuit in a given calendar
month, and Customer receives a Service from WAVE on the circuit at issue, then Customer shall be entitled to remedies
set forth in the table below, which must be claimed as described in this SLA.
Target MTTR
Actual MTTR
Customer Credit
as % of MRC for the
applicable Circuit
6 hr MTTR
<_ 6 Hrs.
Target Met
> 6 Hrs. to 10 Hrs.
5%
> 10 Hrs. to 18 Hrs.
10%
> 18 Hrs.
20%
3. PACKET DELIVERY/PACKET LOSS SLA
The WAVE Network is designed to provide no greater than 0.1% Packet Loss. If the Packet Loss target is not achieved in a
given calendar month, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as
described in this SLA. Customer credits for average monthly Packet Loss are calculated on an individual circuit basis, and
the amount of any credit is based on the portion of MRC allocable to the affected circuit.
Exhibit A: Service Level Agreement for High Availability Enterprise Services
Wave Business Solutions, LLC
pg. 1
Updated: 09/07/2016
122
Target Maximum
Packet Loss
Actual Packet Loss
(lower end — upper end)
Customer Credit
as % of MRC for the
applicable Circuit
_< 0.1% Packet Loss
0% - 0.1%
Target Met
> 0.1% - 0.4%
5%
> 0.4% - 0.7%
10%
>0.7% - 1.0%
25%
> 1.0%
50%
4. LATENCY SLA
The WAVE Network is designed to provide a monthly average round trip Latency not to exceed the following:
• Round Trip Local Market Latency of 12 ms or less
• Round Trip Inter -Market Latency* of 45 ms or less
If WAVE determines the applicable Latency target was not met in a given month and also cannot remedy the problem
within fifteen (15) calendar days from the date on which Customer opens a Trouble Ticket with the WAVE NOC regarding
excessive Latency, Customer shall be entitled to the remedies set forth in the table below, which must be claimed as
described in this SLA.
Target
Target
Actual Latency
Customer Credit
Local Market
Inter -Market
Round Trip
as % of MRC for
Latency
Latency*
(lower end -upper end)
the applicable
Round Trip
Round Trip
Circuit
<_ Target Latency
Target Met
> Target up to 8 ms over Target
5%
12 ms or less
45 ms or less
> 8 ms up to 15 ms over Target
10%
> 15 ms up to 20 ms over Target
25%
> 20 ms over Target
50%
* Inter -Market Latency means up to 800 network miles between locations
S. NETWORK JITTER SLA
The WAVE Backbone Network is designed to have a monthly average one-way Network Jitter of no greater than 2 ms. If
the Network Jitter target is exceeded in a given calendar month, Customer will be entitled to a credit of 1/30t" of the MRC
of the affected circuit for that month for each full 1ms of Network Jitter above the applicable Network Jitter target set
forth above. Any such credit must be claimed as described in this SLA.
6. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the
following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different
circuit/path for the Service and circuit/path that experienced the Chronic Outage without incurring any Termination
Charge or installation fees; or (ii) terminate the affected Service for the circuit/path that experienced the Chronic Outage
without incurring any Termination Charge.
7. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
"Availability" means the ability of Customer to exchange Ethernet packets with the WAVE Network via Customer's router
port. Availability is measured in minutes of uptime over the calendar month during which the Services are Available:
Exhibit A: Service Level Agreement for High Availability Enterprise Services pg. 2
Wave Business Solutions, LLC Updated: 09/07/2016
123
PROPRIETARYAND CONFIDENTIAL
Availability = (Total Minutes in Month —Total Minutes of Unavailability in Month)
(per calendar month) Total Minutes in Month
For Ethernet Transport Services and Phone Over Fiber Services, Availability is calculated at the individual circuit level,
between WAVE's Backbone Network and the Customer's router port. For Dedicated Internet Access Services, Availability
is calculated from the Customer's router port through the WAVE Network to the handoff point for the Internet.
Dedicated Internet Access Service Availability does not include the availability of the Internet itself or any particular
Internet resource. Periods of Excused Outage are not included in Availability metrics.
"Chronic Outage" means a series of three (3) or more Service Outages affecting the same Service on the same circuit
during a given calendar month, each of which has an actual time to restore "TTR" in excess of WAVE's targeted MTTR.
"Emergency Maintenance" means WAVE's efforts to correct conditions on the WAVE Network that are likely to cause a
material disruption to or outage in services provided by WAVE and which require immediate action. Emergency
Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such
outages are Excused Outages that will not entitle Customer to credits under this SLA. WAVE may undertake Emergency
Maintenance at any time WAVE deems necessary and will provide Customer with notice of such Emergency Maintenance
as soon as commercially practicable under the circumstances.
"Excused Outage" means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,
(ii) Emergency Maintenance, or (iii) circumstances beyond WAVE's reasonable control, such as, by way of example only,
Force Majeure, acts or omissions of Customer or Customer's agents, licensees or end users, electrical outages not caused
by WAVE, or any failure, unavailability, interruption or delay of third -party telecommunications network components the
use of which are reasonably necessary for WAVE's delivery of the Services to Customer.
"Jitter" or "Network Jitter" refers to an undesirable variation in the interval at which packets are received, also described
as the variability in Latency as measured in the variability over time of the packet Latency across a network. Jitter is
calculated as aggregate average monthly metric measured by WAVE across the WAVE Backbone Network between a
sample of WAVE POPS. Local access loops are not included. Periods of Excused Outage are not included in Jitter metrics.
"Latency" means how much time it takes, measured in milliseconds, for a packet of data to get from one designated point
on WAVE's Network to another designated point on WAVE's Network. Latency is calculated as aggregate average
monthly metric measured by WAVE across the WAVE Backbone Network between a sample of WAVE POPs. Local access
loops are not included. Periods of Excused Outage are not included in Latency metrics.
"Mean Time to Restore" or "MTTR" means the average time required to restore the WAVE Network to a normally
operating state in the event of an Outage. MTTR is calculated on a circuit basis, as a monthly average of the time it takes
WAVE to repair all Service Outages on the specific circuit. MTTR is measured from the time an Outage related Trouble
Ticket is generated by the WAVE NOC until the time the Service is again Available. The cumulative length of Service
Outages per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per
circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
(per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
"Outage" means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused
Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related
Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by WAVE.
Unavailability does not include periods of Service degradation, such as slow data transmission.
Exhibit A: Service Level Agreement for High Availability Enterprise Services pg. 3
Wave Business Solutions, LLC Updated: 09/07/2016
PROPRIETARYAND CONFIDENTIAL
124
"Packet Loss" means the unintentional discarding of data packets in a network when a device (e.g., switch, router, etc.) is
overloaded and cannot accept any incoming data. Packet Loss is calculated as aggregate average monthly metric
measured by WAVE across the WAVE Backbone Network between a sample of WAVE POPS. Local access loops are not
included. Periods of Excused Outage are not included in Packet Loss metrics.
"Scheduled Maintenance" means any maintenance of the portion of the WAVE Network to which Customer's router is
connected that is performed during a standard maintenance window (1:00AM — 5:OOAM Pacific Time). Customer will be
notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect
Customer's Service.
"Trouble Ticket" means a trouble ticket generated through the WAVE NOC upon notification of a Service -related problem.
Trouble Tickets may be generated by WAVE pursuant to its internal network monitoring process, or by Customer's
reporting of a problem to the WAVE NOC. In order for Customer to be eligible for credits or remedies under this SLA,
Customer must contact the WAVE NOC and open a Trouble Ticket regarding the problem; Trouble Tickets generated
internally by WAVE will not provide a basis for Customer credits or Chronic Outage remedies.
"WAVE Network" means all equipment, facilities and infrastructure that WAVE uses to provide Services to Customer, and
includes Customer's access port. The "WAVE Network" does not include Customer owned or leased equipment (unless
leased from WAVE), or any portion of Customer's local area network after the demarcation point for the Services
provided by WAVE.
"WAVE Backbone Network" means WAVE's core fiber backbone that connects WAVE's POPs and regional hubs.
"WAVE's Network Operations Center" or "WAVE's NOC" means WAVE's network operations center which is staffed
24x7x365 and can be reached at: 888-317-0488.
8. CLAIMING CREDITS AND REMEDIES
8.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related
Service credit or Chronic Outage remedy, Customer must be in good standing with WAVE and current in its financial
obligations to WAVE. Credits are exclusive of any applicable taxes charged to Customer or collected by WAVE.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the WAVE NOC within twenty-four (24) hours of the
occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to WAVE's customer service department
within fifteen (15) days after the end of the calendar month in which the incident
giving rise to the credit(s) occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the WAVE NOC within
seventy-two (72) hours of the last Outage giving rise to the claimed remedy;
(b) Submit a written request for a remedy regarding the Chronic Outage to WAVE's
customer service department within thirty (30) days of"the end of the calendar month
in which the Chronic Outage occurred; and
Exhibit A: Service Level Agreement for High Availability Enterprise Services pg. 4
Wave Business Solutions, LLC Updated: 09/07/2016
125
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA-related
credit or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be
deemed to have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are
Customer's sole and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of
any of the Services to which this SLA applies.
8.2 WAVE's Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are
subject to evaluation and verification by WAVE. Upon receiving a claim for SLA-related credit and/or remedies for Chronic
Outage, WAVE will evaluate the claim and respond to Customer within thirty (30) days. If WAVE requires additional
information in order to evaluate Customer's claim, WAVE will notify Customer by email specifying what additional
information is required. Customer will have fifteen (15) days from the date on which it receives WAVE's request for
additional information in which to provide the requested information to WAVE. If Customer fails to provide the additional
information within that time period, Customer will be deemed to have abandoned its claim. WAVE will promptly notify
Customer of WAVE's resolution of each Customer claim. If Customer's claim for an SLA-related credit or Chronic Outage
remedy is rejected, the notification will specify the basis for the rejection. If Customer's claim for a credit is approved,
WAVE will issue the credit to Customer's account, to appear on the next monthly invoice. If Customer's claim for a
Chronic Outage remedy is approved, WAVE will notify Customer of the date on which the requested substitution or
termination will occur. WAVE's determination regarding whether or not an SLA has been violated shall be final.
8.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the
MRC for the affected circuit and Service. Credits shall not be cumulative with respect to any given incident; instead, if
multiple SLAB are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount.
This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is
caused by or due to any of the following: (i) The acts or omissions of Customer, its agents, employees, contractors, or
Customer's end users, or other persons authorized by Customer to access, use or modify the Services or the equipment
used to provide the Services, including Customer's use of the Service in an unauthorized or unlawful manner; (ii) The
failure of or refusal by Customer to reasonably cooperate with WAVE in diagnosing and troubleshooting problems with
the Services, including the unavailability of required Customer personnel due to Customer's failure to keep WAVE
provided with current and accurate contact information for such personnel; (iii) Scheduled Service alteration,
maintenance or implementation; (iv) The failure or malfunction of network equipment or facilities not owned or
controlled by WAVE or WAVE's Affilliates; (v) Force majeure events; (vi) WAVE's inability (due to no fault of WAVE) to
access facilities or equipment as reasonably required to troubleshoot, repair, restore or prevent degradation of the
Service; (vii) Customer's failure to release the Service for testing or repair and continuing to use the Service on an
impaired basis; (viii) WAVE's termination of the Service for cause, or as otherwise authorized by the MSA; (ix) Improper
or inaccurate network specifications provided by Customer; (x) Interruptions resulting from incorrect, incomplete or
inaccurate Service orders from Customer; (xi) Special configurations of the standard Service that have been mutually
agreed to by Customer and WAVE, unless a separate Service Level Agreement for the special configuration has been
established with the Service Order; or (xii) WAVE's inability to deliver Service by the Customer's desired due date.
Exhibit A: Service Level Agreement for High Availability Enterprise Services pg. 5
Wave Business Solutions, LLC Updated: 09/07/2016
126
-%, Ujave
, I
EXHIBIT B
Service Level Agreement
for
High Availability Dark Fiber Services
This Service Level Agreement for High Availability Dark Fiber Services (this "SLA") is a part of the Master Services Agreement
for Enterprise Services ("MSA") between Wave Business Solutions, LLC ("WAVE") and Customer.
1. AVAILABILITY SLA
WAVE's dark fiber paths are designed to provide a target Availability of at least 99.9% per calendar month. If the
Availability target is not met with respect to a given dark fiber path in a given calendar month, Customer will be entitled to
a credit in the amount set forth below, which must be claimed as described in this SLA. Customer credits for Outages of
Dark Fiber Services are calculated on an individual path basis, and the amount of any credit is based on the portion of MRC
allocable to the affected dark fiber path.
Duration of Unavailability
Customer Credit
as % of MRC for the
applicable Dark Fiber Path*
Less than 45 minutes
Target Met
45 Min. up to 8 hours
5%
> 8 hours up to 16 hours
10%
> 16 hours up to 24 hours
20%
> 24 hours
35%
2. MEAN TIME TO RESTORE ("MTTR") SLA
In the event of Outages in the Services, WAVE's NOC is designed to provide a MTTR of no greater than 6 hours. If the
target MTTR is not met for a particular dark fiber path in a given calendar month, and Customer receives a Service from
WAVE on the path at issue, then Customer shall be entitled to remedies set forth in the table below, which must be claimed
as described in this SLA.
Target MTTR
Actual MTTR
Customer Credit
as % of MRC for the
applicable Path
6 hr MTTR
<_ 6 Hrs.
Target Met
> 6 Hrs. to 10 Hrs.
5%
> 10 Hrs. to 18 Hrs.
10%
> 18 Hrs.
20%
3. CHRONIC OUTAGE
If Customer experiences a Chronic Outage with respect to a Service, Customer shall have the right to elect either of the
following remedies, which must be claimed as described in this SLA: (i) substitute a different Service or a different path for
the Service that experienced the Chronic Outage without incurring any Termination Charge or installation fees; or
(ii) terminate the affected Service for the path that experienced the Chronic Outage without incurring any Termination
Charge.
4.. DEFINITIONS
For purposes of this SLA the following terms shall have the meanings set forth below.
"Availability" means the dark fibers at issue are available to and accessible by Customer at the specified locations, are
capable of transmitting signals and can otherwise be used by Customer. Availability does not involve the quality of data
Exhibit B: Service Level Agreement for High Availability Dark Fiber Services
Wave Business Solutions, LLC
pg. 1
Updated: 09/07/2016
127
transmission. Periods of Excused Outage are not included in the Availability metric. WAVE does not monitor the use or
availability of dark fiber Services, thus any Outage must be reported to the WAVE NOC by Customer.
"Chronic Outage" means a series of three (3) or more Service Outages affecting the same Service on the path during a given
calendar month, each of which has an actual time to restore "TTR" in excess of WAVE's targeted MTTR.
"Emergency Maintenance" means WAVE's efforts to correct conditions on the WAVE Network that are likely to cause a
material disruption to or outage in Services provided by WAVE and which require immediate action. Emergency
Maintenance may degrade the quality of the Services provided to Customer, including possible outages. Any such outages
are Excused Outages that will not entitle Customer to credits under this SLA. WAVE may undertake Emergency
Maintenance at any time WAVE deems necessary and will provide Customer with notice of such Emergency Maintenance as
soon as commercially practicable under the circumstances.
"Excused Outage" means any disruption to or unavailability of Services caused by or due to (i) Scheduled Maintenance,
(ii) Emergency Maintenance, or (iii) circumstances beyond WAVE's reasonable control, such as, by way of example only,
Force Majeure, acts or omissions of Customer or Customer's agents, licensees or end users, electrical outages not caused by
WAVE, or any failure, unavailability, interruption or delay of third -party telecommunications network components the use
of which are reasonably necessary for WAVE's delivery of the Services to Customer.
"Mean Time to Restore" or "MTTR" means the average time required to restore the Service(s) to a normally operating state
in the event of an Outage. MTTR is calculated on a path/route basis, as a monthly average of the time it takes WAVE to
repair all Service Outages on the specific path/route. MTTR is measured from the time Customer opens an Outage related
Trouble Ticket is with the WAVE NOC until the time the Service is again Available. The cumulative length of Service Outages
per circuit is divided by the number of Trouble Tickets in the billing month to derive the monthly MTTR per circuit:
MTTR in Hrs = Cumulative Length of Service Outages Per Month Per Circuit
(per calendar month) Total Number of Trouble Tickets for Service Outages Per Month Per Circuit
Periods of Excused Outage are not included in MTTR metrics.
"Outage" means a disruption in the Service making the Service completely unavailable to Customer that is not an Excused
Outage. For purposes of SLA-related credits and remedies, the period of unavailability begins when an Outage -related
Trouble Ticket is opened by the Customer and ends when the connection is restored, as measured by WAVE. Unavailability
does not include periods of Service degradation, such as slow data transmission.
"Scheduled Maintenance" means any maintenance of the portion of the WAVE Network to which Customer's router is
connected that is performed during a standard maintenance window (1:OOAM — S:OOAM Pacific Time). Customer will be
notified via email at least forty-eight (48) hours in advance of any scheduled maintenance that is likely to affect Customer's
Service.
"Trouble Ticket" means a trouble ticket generated through the WAVE NOC upon notification of a Service -related problem.
In order for Customer to be eligible for credits or remedies under this SLA, Customer must contact the WAVE NOC and open
a Trouble Ticket regarding the problem.
"WAVE Network" means all equipment, facilities and infrastructure that WAVE uses to provide Services to Customer, and
includes Customer's access port. The "WAVE Network" does not include Customer owned or leased equipment (unless
leased from WAVE), or any portion of Customer's local area network after the demarcation point for the Services provided
by WAVE.
"WAVE's Network Operations Center" or "WAVE's NOC" means WAVE's network operations center which is staffed
24x7x365 and can be reached at: 888-317-0488.
Exhibit B: Service Level Agreement for High Availability Dark Fiber Services
Wave Business Solutions, LLC
pg. 2
Updated: 09/07/2016
128
S. CLAIMING CREDITS AND REMEDIES
5.1 Requesting SLA Related Credits and Chronic Outage Remedies. To be eligible for any SLA-related Service
credit or Chronic Outage remedy, Customer must be in good standing with WAVE and current in its financial obligations to
WAVE. Credits are exclusive of any applicable taxes charged to Customer or collected by WAVE.
(i) To claim SLA-related Service credits, Customer must do the following:
(a) Open a Trouble Ticket with the WAVE NOC within twenty-four (24) hours of the
occurrence giving rise to the claimed credit(s);
(b) Submit a written request for the credit(s) to WAVE's customer service department
within fifteen (15) days after the end of the calendar month in which the incident giving
rise to the credit(s) occurred; and
(c) Provide the following documentation when requesting the credit(s):
• Customer name and contact information;
• Trouble Ticket number(s);
• Date and beginning/end time of the claimed Outage or failed SLA metric;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Outage or failed SLA metric.
(ii) To claim remedies for a Chronic Outage under this SLA, Customer must do the following:
(a) Open a Trouble Ticket regarding the Chronic Outage with the WAVE NOC within
seventy-two (72) hours of the last Outage giving rise to the claimed remedy;
(b) Submit a written request for a remedy regarding the Chronic Outage to WAVE's
customer service department within thirty (30) days of the end of the calendar month in
which the Chronic Outage occurred; and
(c) Provide the following documentation when requesting the remedy:
• Customer name and contact information;
• Type of remedy requested (e.g., substitution or termination);
• Trouble Ticket numbers for each individual Outage event;
• Date and beginning/end time of each of the claimed Outages;
• Trouble Ticket number for the Chronic Outage at issue;
• Circuit IDs for each pertinent circuit/path; and
• Brief description of the characteristics of the claimed Chronic Outage.
If Customer fails to timely submit, pursuant to the procedure described in this Section, a request for any SLA-related credit
or Service Outage remedy for which Customer might otherwise be eligible under this SLA, Customer shall be deemed to
have waived its right to receive such credit or remedy. The credits and remedies provided by this SLA are Customer's sole
and exclusive remedies for any and all claims or complaints regarding the quality and/or availability of any of the Services to
which this SLA applies.
5.2 WAVE's Evaluation of Claims. All claims for SLA-related credits and remedies for Chronic Outages are
subject to evaluation and verification by WAVE. Upon receiving a claim for SLA-related credit and/or remedies for Chronic
Outage, WAVE will evaluate the claim and respond to Customer within thirty (30) days. If WAVE requires additional
information in order to evaluate Customer's claim, WAVE will notify Customer by email specifying what additional
information is required. Customer will have fifteen (15) days from the date on which it receives WAVE's request for
additional information in which to provide the requested information to WAVE. If Customer fails to provide the additional
information within that time period, Customer will be deemed to have abandoned its claim. WAVE will promptly notify
Customer of WAVE's resolution of each Customer claim. If Customer's claim for an SLA-related credit or Chronic Outage
remedy is rejected, the notification will specify the basis for the rejection. If Customer's claim for a credit is approved,
WAVE will issue the credit to Customer's account, to appear on the next monthly invoice. If Customer's claim for a Chronic
Outage remedy is approved, WAVE will notify Customer of the date on which the requested substitution or termination will
occur. WAVE's determination regarding whether or not an SLA has been violated shall be final.
Exhibit B: Service Level Agreement for High Availability Dark Fiber Services pg. 3
Wave Business Solutions, LLC Updated: 09/07/2016
129
5.3 Limitations and Exclusions. Total credits for any given calendar month shall not exceed 100% of the MRC
for the affected dark fiber path and Service. Credits shall not be cumulative with respect to any given incident; instead, if
multiple SLAB are violated during a single incident, Customer shall be entitled only to the largest applicable credit amount.
This SLA will not apply and Customer will not be entitled to any credit under this SLA for any impairment of Services that is
caused by or due to any of the following: (i) The acts or omissions of Customer, its agents, employees, contractors, or
Customer's end users, or other persons authorized by Customer to access, use or modify the Services or the equipment
used to provide the Services, including Customer's use of the Service in an unauthorized or unlawful manner; (ii) The failure
of or refusal by Customer to reasonably cooperate with WAVE in diagnosing and troubleshooting problems with the
Services, including the unavailability of required Customer personnel due to Customer's failure to keep WAVE provided with
current and accurate contact information for such personnel; (M) Scheduled Service alteration, maintenance or
implementation; (iv) The failure or malfunction of network equipment or facilities not owned or controlled by WAVE or
WAVE's Affilliates; (v) Force majeure events; (vi) WAVE's inability (due to no fault of WAVE) to access facilities or equipment
as reasonably required to troubleshoot, repair, restore or prevent degradation of the Service; (vii) Customer's failure to
release the Service for testing or repair and continuing to use the Service on an impaired basis; (viii) WAVE's termination of
the Service for cause, or as otherwise authorized by the MSA; (ix) Improper or inaccurate network specifications provided
by Customer; (x) Interruptions resulting from incorrect, incomplete or inaccurate Service orders from Customer; (xi) Special
configurations of the standard Service that have been mutually agreed to by Customer and WAVE, unless a separate Service
Level Agreement for the special configuration has been established with the Service Order, or (xii) WAVE's inability to
deliver Service by the Customer's desired due date.
Exhibit B: Service Level Agreement for High Availability Dark Fiber Services pg. 4
Wave Business Solutions, LLC Updated: 09/07/2016
130
2018-066
WHA TC, OU COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received in Council Of ,fice
Agenda Date
Assigned to:
Originator:
Public Works &
SK
7124118
LE
818118
Health
Division Head:
JUL 3
(3,40UNII-Y
OUNCIL
Dept. Head,
Prosecutor
JA PUchasinglBudget:
A
z
Executive:
�7
TITLE OF DWUWNT:
Public Works will present its quarterly report to Council
A TTA CHMENTS:
SEPA review required? ) Yes (x ) NO
Should Clerk schedule a hearing? Yes (x NO
SEPA review completed? ) Yes ( x ) NO
Requested Date:
S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANG UA GE: (If this item is an ordinance or requires a public
hearing, you must provide the language, for use in the required public notice. Be spec?ric and cite RCWor WCC as appropriate. Be
clear in explaining the intent of the action.)
Public Works will present its quarterly report to Council
COMMITTEE A CTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please leas 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.
131
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018 87 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
7/31/2018
8/8/2018
Criminal Justice Cc
Division Head:
Debt. Head:
Prosecutor•:
Purchasing/Budget.-
Executive:
TITLE OF DOCUMENT.
Report on Criminal Justice Committee Listening Tour
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review connpleted? ( ) 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.)
Report on Criminal Justice Committee Listening Tour
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 Count 's website at. www.co.whatcom..wa.us/council.
132
y�
Report on Whatcom County !
Criminal Justice & Public Safety Listening Tour CROSSROADS
CONSULTING
In the wake of a second failed ballot initiative to build a new jail, the Whatcom County Council's
Criminal Justice & Public Safety Committee sought to gain insight into why people were opposed to
the proposal, and to gather input on the types of facilities and services they feel are needed to
improve criminal justice and public safety in Whatcom County. The Committee contracted with
Crossroads Consulting to facilitate seven listening sessions across the county from April to June 2018.
In addition to gathering verbal public comments from the 115 people who attended the listening
sessions, 101 participants completed a brief written questionnaire. The same questionnaire was
posted online for three weeks and was completed by 693 people who did not attend a listening
session but who wanted to express their opinions.
Public comment at listening sessions and responses to the questionnaire represented a spectrum of
opinions about criminal justice, and indicated that the majority of people had a holistic
understanding of public safety. Rather than a large, new, and costly jail, participants consistently
voiced the need to reduce incarceration by investing in prevention, treatment, rehabilitation, and
alternatives to jail.
While many participants agreed that there needs to be a jail for people who are violent and at risk of
harming others, and that it needs to be a safe and humane place for corrections staff who work there
and inmates, they felt that there were inherent injustices in the current incarceration system that
need to be rectified. They clearly communicated that jail was not the appropriate place to address
mental health and substance abuse issues, or to house the homeless.
Most respondents wanted more tax funding to go to human services than into building a new jail.
They had many ideas about how to reduce the number of people who are incarcerated, and many
hoped that by investing more resources into incarceration prevention and diversion programs, less
money would be needed over time to support the jail system.
There was strong support for decisions about the jail and incarceration prevention and
rehabilitation services to be driven by data and best practices. Participants expressed that they would
like to be informed and included in future planning for the jail and criminal justice system reforms.
This will require effective outreach strategies to reach the diverse array of people who care about
and are impacted by the criminal justice system.
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-232
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Cliff Strong
712612018
`A E��
8/8/1 $
P&D Committee
Dept. HeaPerso•
712612018
Mark Personius
JUL 3 12018
Prosecutor:
Royce Buckin ham
^
�����
Purchasing/Budget:
WHATCOM COUNTY
Executive:
A/
Jack Lows A1"
COUNCIL
00,
7.3 ,
TITLE OF D NT.-
Vacation Rental Amendments — Title 20 Zoning and Title 23 Shoreline Management
ATTACHMENTS:
1. Staff Memorandum
2. Staff Report
3. Draft Ordinance Amending Title 20 Zoning and Title 23 Shoreline Management Program
4. Exhibit A — Proposed Title 20 (Zoning) amendments
5. Exhibit B — Proposed Title 23 (Shoreline Master Program) amendments
6. Resolution 2016-039
FEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? () Yes (x) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Ordinance adopting amendments to WCC Title 20 Zoning and Title 23 Shoreline Management, regarding bed
and breakfast and vacation rental units.
COMMITTEE ACTION.•
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2014-00020
PLN2016-00011
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.
134
WHATCOM COUNTY
Planning & Development Services AA Ak�
5280 Northwest Drive
Bellingham, WA 98226-9097
360-778-5900, TTY 800-833-6384
360-778-5901 Fax
Memorandum
TO: The Honorable Jack Louws, Whatcom County Executive
The Honorable Whatcom County Council
FROM: Cliff Strong, Senior Planner
THROUGH: Mark Personius, AICP, Director 041F
DATE: July 26, 2018
SUBJECT
Mark Personius, AICP
Director
Vacation Rental Regulation — Title 20 and Title 23 Amendments
At its August 7, 2018, meeting, the Council's Planning and Development Committee will continue its
discussion of regulating short-term rental units such as bed and breakfasts (B&Bs) and vacation rental
units. Please review the attached staff report, draft ordinance, and Exhibits A & B, showing the proposed
amendments.
The proposed zoning code amendments (Exhibit A) would add vacation rentals as an accessory use in
UR, URM, URMX, RR, RRI, TZ, RC, STC, AG, and R, subject to a series of standards listed in WCC 20.80, the
"supplemental requirements" chapter of the zoning code, and would require owners to annually register
with Planning and Development Services.
The proposed Shoreline Management Program (SMP) amendments would include vacation rental units
and bed and breakfast establishments as part of a single family residential use (rather than a commercial
use) for purposes of determining permitted uses in various shoreline designations. This would make the
shoreline code more consistent with the proposed zoning code amendments.
Both sets of draft amendments have been reviewed by the Planning Commission, who recommended
approval. In 2016, the Council held a hearing on the SMP amendments and passed Resolution 2016-039,
forwarding the SMP amendments to the Department of Ecology (DOE) for its review. However, the
Council has not had a hearing on the zoning code amendments, choosing to hold off until DOE approved
the SMP amendments.
As it has been awhile since the P&D Committee has reviewed these amendments (while we were
awaiting DOE's review), the introduction of the draft ordinance has not been scheduled. At the August 7,
2018, P&D Committee meeting, PDS would like to get direction as to whether to bring it forward to the
County Council for action.
If the County Council chooses to adopt the ordinance, staff would suggest making it effective a few
months out. This would give PDS time to develop the registration system established by proposed WCC
20.80.960(3), to conduct outreach to vacation rental owners, and to add registration fees to the Unified
Fee Schedule.
Attachments:
■ Staff Report
• Draft Ordinance No.
• Exhibit A — Proposed Title 20 (Zoning) amendments
• Exhibit B — Proposed Title 23 (Shoreline Master Program) amendments
• Resolution 2016-039
135
PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Whatcom County Planning & Development Services
Staff Report
Vacation Rentals by Owners (VRBOs)
Title 20 Zoning Code Amendments &
Title 23 Shoreline Master Program Amendments
BACKGROUND INFORMATION
File #s PLN2014-00020 (Title 20 Zoning Code Amendments) & PLN2016-00011 (Title 23 Shoreline Master
Program Amendments)
File Name: Vacation Rentals —Zoning and Shoreline Master Program Code Amendments
Applicant: Whatcom County Planning and Development Services (PDS)
Summary of Request: Amend Whatcom County Code Title 20 (Zoning) to define and regulate short-
term rentals of residential units, and Whatcom County Code Title 23 (Shoreline Master Program (SMP))
to add definitions of "bed and breakfast establishment" (B&Bs) and "vacation rental unit" and to
remove B&Bs from the list of commercial uses that are subject to a shoreline conditional use permit.
Location: Countywide.
Staff Recommendation: As it has been awhile since Council has considered this proposal, Planning and
Development Services recommends that the Council Planning & Development (P&D) Committee review
the proposed code amendments and provide direction to staff. If the P&D Committee chooses to
schedule the ordinance before the whole Council for action, staff will schedule it for introduction and a
public hearing.'
Reason for Amendments
Over the past several years, the County has received public complaints regarding vacation rentals by
owners (VRBOs), generally regarding noisy behavior of guests, which is enforced by the Sheriff under the
"disorderly house" provisions of WCC 9.40. Complaints related to land use considerations (such as
overflow parking) have occurred when a rental property is used as a special event venue for weddings,
retreats, or other gatherings. Council directed staff to develop regulations for VRBOs to help minimize
impacts to surrounding residents.
Existing Code
Zoning Code
The Whatcom County Zoning Code (WCC Title 20) does not currently prohibit rental of single-family
dwellings, either short or long term. Lacking such a prohibition, PDS interprets the Zoning Code to
permit VRBOs wherever single family dwellings are permitted.
1 The Council has already held a public hearing on PLN2016-00011 prior to the SMP amendments being sent to the
Department of Ecology; however, Council has not held a hearing on PLN2014-00020.
Page 1 of 9
136
PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Whatcom County's zoning code does not list VRBOs as a distinctive land use that is either permitted or
prohibited. The zoning code does define and regulate transient room rentals for bed and breakfasts,
rooming houses, and hotels as shown in Table 1:
Table 1. Current Zoning Regulation of Transient Room Rentals
Use Number Number of Owner Permitted Use in: Accessory Use in: I Conditional Use
of Persons Rooms Occupied in:
B&B UR, URM, URMX,
Establishment 1 or 2 Yes RC in Pt. Roberts, RR, RRI, TZ, RC, RF
WCC 20.97.027 STC, AG, R
B&B Inn UR, URM, URMX,
WCC 20.97.028 3 to 5 Yes RC in Pt. Roberts RC, STC RR, RRI, TZ, AG,
R
Rooming House RC (except Maple
WCC 20.97.355 3 or more No minimum Beach in Pt. URM
or maximum Roberts) 3-8
persons
Motel No minimum RC (16 or fewer RGC, Pt. Roberts
WCC 20.97.260 or maximum rooms), A0, TC, GI, Special District
GC, STC
Hotel RC (16 or fewer
WCC 20.97.185 6 or more rooms), A0, TC, GI, RGC, Pt. Roberts
Special District
GC, STC
"Rooming house" is a permitted use only in the RC zone (except the Maple Beach section of Point
Roberts) and a conditional use in URM. A "hotel" or "motel" is a permitted use only in commercial
zones, including RC. A "bed and breakfast establishment" (an accessory use in residential and rural
zones) allows for renting 1 or 2 rooms, while a "bed and breakfast inn" (a conditional use in residential
and rural zones) allows for renting 3 to 5 rooms. Both types of bed and breakfast establishments must
be owner -occupied.
In September 2014, staff compiled potential options for regulating VRBOs from a land use standpoint
and discussed them with the P&D Committee:
1. Permitted outright as a single family dwelling. Allow VRBOs of any duration in residential zones
without conditions.
2. Permitted with performance standards. Allow VRBOs as a permitted use in all rural and
residential zones, subject to conditions.
3. Permitted in specified locations, with performance standards. Same as 2 but permitted only in
certain zones or geographic areas.
4. Permitted with registration. Same as 2 or 3 but with licensing or registration requirements.
5. Prohibition. Prohibit VRBOs in all residential zones.
The P&D Committee expressed a preference for exploring Option 2, permitting VRBOs countywide with
performance standards, but with no additional licensing or registration requirements.
Shoreline Management Program
The SMP does not list or define a vacation rental unit use. However, the SMP definition of "residential
development" expressly excludes "camping sites or clubs, recreational vehicle parks, motels, hotels and
other transient housing." Therefore PDS believes vacation rental units, like B&Bs, would be considered
commercial uses under the current SMP.
During the course of the discussion with the P&D Committee, staff pointed out that even if VRBOs and
B&Bs were allowed under the zoning code, the current SMP regulations would make it very difficult to
Page 2of9
137
PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
locate them within the SMP jurisdiction (generally within 200 feet of a shoreline). A new B&B or VRBO
development within shoreline jurisdiction would be subject to a shoreline substantial development
permit, though a conversion from an existing residence to one of these uses would likely be exempt
from that requirement. However, whether it is a new development or a conversion, the B&B or VRBO
use within the SMP jurisdiction would be subject to a shoreline conditional use permit under the current
regulations.
And it would likely be difficult to obtain a conditional use permit for a B&B or VRBO under current SMP
criteria. The SMP currently lists B&Bs among commercial uses in its regulations for the "urban
conservancy" and the "conservancy" shoreline designations. Those commercial uses are subject to a
shoreline conditional use permit. WCC 23.60.040(B)(1), which lists shoreline conditional use permit
criteria, requires that "the proposed use will be consistent with the policy of RCW 90.58.020 and this
program." That RCW section lists criteria in order of preference and gives preference to shoreline
protection and public access over other uses .2
Extent of B&B and VRBO Uses
Based on a November 2015 compilation of online listings, staff estimated that about one quarter of the
approximately 400 short term rental units then advertised on the vrbo.com and airbnb.com websites in
unincorporated Whatcom County were within shoreline jurisdiction (typically 200 feet from ordinary
high water mark of an affected waterbody) (Table 2). While these uses are widespread throughout the
County, they tend to cluster in areas traditionally characterized by recreational housing, such as Glacier
and Birch Bay. Smaller clusters also exist in areas that have not been primarily recreational in nature,
such as Lake Whatcom.
A large majority of these short term rental units are VRBOs (Table 3 and Table 4). At present, conversion
of a residence to a vacation rental does not require a permit or registration through PDS. Without such a
requirement, there has been no action that would prompt PDS to inform owners within the SMP
jurisdiction that a conditional use permit is required.
Table 2. VRBO and Airbnb Listings by Location and Shoreline Designation, November 2015
Shoreline Designation (based on approximate location mapped in online listing)
Location
Conservancy Natural
' Shoreline
Rural Residential
8
Urban
Conservancy
Urban
Resort
Outside
Shoreline
Total
Birch Bay
11
46
65
Birch Point
1
2
3
Cain Lake
2
2
Chuckanut
7
3
10
Columbia Valley
4
4
Z RCW 90.58.020 "...The legislature declares that the interest of all of the people shall be paramount in the
management of shorelines of statewide significance. The department, in adopting guidelines for shorelines of
statewide significance, and local government, in developing master programs for shorelines of statewide
significance, shall give preference to uses in the following order of preference which:
(1) Recognize and protect the statewide interest over local interest;
(2) Preserve the natural character of the shoreline;
(3) Result in long term over short term benefit;
(4) Protect the resources and ecology of the shoreline;
(5) Increase public access to publicly owned areas of the shorelines;
(6) Increase recreational opportunities for the public in the shoreline;
(7) Provide for any other element as defined in RCW 90.58.100 deemed appropriate or necessary."
138 Page 3 of 9
PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Shoreline Designation (based on approximate location mapped in online listing)
Location
Conservancy
Natural
Rural
Shoreline
Residential
Urban
Conservancy
Urban
Resort
Outside
Shoreline
Total
Deming
1
1
Drayton Harbor
3
3
E Bellingham
5
5
Emerald Lake
1
2
3
Everson
1
1
Glacier
14
128
142
Glacier Springs
49
49
Gooseberry Point
1
2
3
Lake Samish
3
3
Lake Whatcom
5
11
18
34
Lummi Island
4
12
11
27
Maple Falls
4
4
Marietta
1
1
North County
3
3
N Bellingham
3
3
Point Roberts
1
8
1
10
20
Sandy Point
8
8
Silver Lake
10
5
15
Squalicum Lake
2
2
Van Zandt
1
1
Welcome
2
2
Total
31
1
17
50
3
12
300
414
Table 3. VRBO and Airbnb Listings by Location and Type, November 2015
Location
Bed & Breakfast
Vacation Rental
Total
Birch Bay
65
65
Birch Point
3
3
Cain Lake
2
2
Chuckanut
1
9
10
Columbia Valley
1
3
4
Deming
1
1
Drayton Harbor
3
3
E Bellingham
1
4
5
Emerald Lake
3
3
Everson
1
1
Glacier
142
142
Glacier Springs
49
49
Gooseberry Point
3
3
Lake Samish
3
3
Lake Whatcom 1
3
31
34
Lummi Island
27
27
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PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Location
Bed & Breakfast
Vacation Rental
Total
Maple Falls
4
4
Marietta
1
1
North County
3
3
N Bellingham
2
1
3
Point Roberts
20
20
Sandy Point
8
8
Silver Lake
15
15
Squalicum Lake
2
2
Van Zandt
1
1
Welcome
2
2
Total
9
405
1 414
Table 4. VRBO and Airbnb Listings by Type and Shoreline Designation, November 2015
Shoreline Designation (based on approximate location mapped in online listing)
Type
Conservancy
Natural
Rural
Shoreline
Residential
Urban
Conservancy
Urban
Resort
Outside
Shoreline
Total
Bed & Breakfast
0
0
0
1
0
0
8
9
Vacation Rental
31
1
17
49
3
12
292
405
Total
31
1
17
50
3
12
300
414
Status of Amendments
Zoning Code Amendments
The Planning Commission held a December 2014 work session and January 2015 public hearing
regarding proposed zoning code amendments to regulate short-term rentals. The Commission
recommended approval of the proposal to list B&Bs and VRBOs as accessory uses in most zones.
The Council P&D Committee has discussed the issue four times since then. Committee discussion
focused on permitting VRBOs as accessory uses per the Planning Commission recommendations, adding
a provision making them a conditional use in the Lake Whatcom Watershed, and adding a series of
performance standards intended to protect the safety of guests and prevent negative impacts to nearby
residents. The proposed amendments shown in Exhibit A are based on the P&D Committee's latest
recommendation, with clarifying amendments proposed by staff since its last review. These are to
§20.80.960, trying to better lay out the registration requirements, and amending the definition of
"vacation rental unit" to match that of the DOE revised definition in the SMP amendments.
Shoreline Management Program Amendments
The Planning Commission held a public hearing on June 23, 2016, on the SMP amendments and
recommended approval.
On October 25, 2016, the County Council held a public hearing and pre -approved the proposed
amendments, passing Resolution 2016-039 (attached), forwarding the SMP amendments to the
Department of Ecology (DOE) for its review.
On April 3, 2018, the DOE granted condition approval of Resolution 2016-039, providing recommended
minor changes to some of the definitions for clarity. These changes have been incorporated into the
proposed draft amendments (Exhibit B).
Page 5 of 9
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PLN2014-00020 (Title 20 Zoning Code Amendments) & July 19, 2018
PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
II. PROPOSED AMENDMENTS
Zoning Code Amendments
The proposed code amendments (Exhibit A) would add vacation rentals as an accessory use in UR, URM,
URMX, RR, RRI, TZ, RC, STC, AG, and R, subject to a series of standards listed in WCC 20.80, the
"supplemental requirements" chapter of the zoning code. These are the zones where "bed and
breakfast establishments" are currently permitted as an accessory use (see Table 1). VRBOs would also
be required to annually register as such with PDS.
The amendment would also add a definition of vacation rentals to distinguish them from long-term
rentals. The definition uses 30 days as the vacation rental threshold, which is consistent with the
County's transient occupancy definition (WCC Chapter 3.36 Transient Occupancy Tax) and with the
definitions of bed and breakfast establishments and inns. The definition also specifies no food service,
to distinguish them from the bed and breakfast uses.
SMP Amendments
The proposed amendments (Exhibit B) would make B&Bs and vacation rental units residential rather
than commercial uses in the SMP. This would be consistent with the proposed zoning code
amendments, which would allow them as accessory uses to residential uses. Specifically, the
amendment would:
• Remove B&Bs from the list of commercial uses subject to shoreline conditional use permits in
the Urban Conservancy and Conservancy shoreline designations (WCC 23.30.055 and .095, and
23.100.050(C)(3) and .050(C)(7))
• Add a definition of "bed and breakfast" (WCC 23.110.020(4))
• Exclude B&Bs and vacation rental units from the definition of "commercial development" (WCC
23.110.030(6))
• Add B&Bs and vacation rental units to the definition of "residential development" (WCC
23.110.180(7)), and
• Add a definition of "vacation rental unit" (WCC 23.110.220(1))
The added definitions of B&B and vacation rental unit are consistent with those proposed in the Title 20
(zoning code) amendments. If enacted, the proposed zoning code amendments coupled with these
amendments to the SMP would allow for a use that is already becoming a significant non -urban
economic activity in the county, while placing performance standards on these uses to prevent negative
impacts to surrounding residents.
III. COMPREHENSIVE PLAN EVALUATION
Zoning Code Amendments
The proposed zoning code amendment to add a definition and standards for vacation rental uses is
consistent with the following policies of the Whatcom County Comprehensive Plan:
Goal 2A: Ensure provision of sufficient land and densities to accommodate the growth needs of
Whatcom County and protect the qualities that make the county a desirable place to
live.
Policy 2A-13 Allow for adequate economic development to provide economic sustainability,
adequate employment opportunities, and services in and for the rural areas.
Goal 21DD: Retain the character and lifestyle of rural Whatcom County.
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PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Policy 2DD-2: Protect the character of the rural area through the County's development regulations ...
Goal 2FF: Provide employment opportunities in the rural parts of Whatcom County.
Policy 2FF-1: Support small businesses, cottage industries, home occupations, resource -based,
tourist, recreational, and other appropriate industries in the rural areas of Whatcom
County. New rural commercial and industrial uses that are more intensive than those
permitted within rural zones as home occupations or cottage industries should be
located within designated Rural Communities and Rural Business areas.
Policy 2FF-3: Ensure that business operations do not adversely impact adjacent residential,
agricultural or forest land, or compromise water quality and quantity.
Policy 2FF-4: Allow home -based occupations, cottage industries and small-scale tourist and
recreational uses throughout the rural area provided they do not adversely affect the
surrounding residential uses, agricultural uses, forestry uses, or rural character.
Goal 7K: Enable a geographic balance for economic growth within the capacities of the county's
natural resources, natural systems, public services, and public facilities.
Policy 7K-4: Consider establishing more resource and tourism based recreational, commercial, and
industrial uses to create economic opportunity in the rural areas of the county.
Shoreline Management Program Amendments
The proposed SMP amendment, in conjunction with the proposed zoning code amendments, is
consistent with the following policies of the Whatcom County Comprehensive Plan:
Goal 2A: Ensure provision of sufficient land and densities to accommodate the growth needs of
Whatcom County and protect the qualities that make the county a desirable place to
live.
Policy 2A-13 Allow for adequate economic development to provide economic sustainability,
adequate employment opportunities, and services in and for the rural areas.
Goal 2DD: Retain the character and lifestyle of rural Whatcom County.
Policy 2DD-2: Protect the character of the rural area through the County's development regulations ...
Goal 2FF: Provide employment opportunities in the rural parts of Whatcom County.
Policy 2FF-1: Support small businesses, cottage industries, home occupations, resource -based,
tourist, recreational, and other appropriate industries in the rural areas of Whatcom
County. New rural commercial and industrial uses that are more intensive than those
permitted within rural zones as home occupations or cottage industries should be
located within designated Rural Communities and Rural Business areas.
Policy 2FF-4. Allow home -based occupations, cottage industries and small-scale tourist and
recreational uses throughout the rural area provided they do not adversely affect the
surrounding residential uses, agricultural uses, forestry uses, or rural character.
Goal 7K: Enable a geographic balance for economic growth within the capacities of the county's
natural resources, natural systems, public services, and public facilities.
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PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
Policy 7K-4: Consider establishing more resource and tourism based recreational, commercial, and
industrial uses to create economic opportunity in the rural areas of the county.
IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
Staff recommends the Council adopt the following findings of fact and reasons for action:
PLN2014-00020 (Title 20 Zoning Code Amendments)
Whatcom County Planning and Development Services submitted an application for a zoning
code amendment to add a definition and standards for vacation rental units.
The amendment would add vacation rentals as an accessory use in zones where "bed and
breakfast establishments" are currently permitted as an accessory use.
A determination of non -significance (DNS) was issued under the State Environmental Policy
Act (SEPA) on December 1, 2014.
4. Notice of the subject amendment was submitted to the Washington State Department of
Commerce on November 26, 2014.
On January 8, 2015, the Whatcom County Planning Commission held a duly noticed public
hearing on a proposal to amend the Zoning Code (WCC Title 20) to allow vacation rental units
as accessory uses in most zones, and recommended approval.
6. On , 2018, the Whatcom County Council held a duly noticed public hearing on the
proposed amendments.
7. WCCP Policies 2A-13, 2FF-1, 2FF-3, 2FF-4, and 7K-4 support small home -based businesses in
the rural areas of the county.
8. WCCP Policies 2FF-3 and 2FF-4 support rural businesses provided they do not adversely
impact rural character or surrounding uses.
9. WCCP Policy 2DD-2 supports protecting rural character through development regulations.
PLN2016-00011 (Title 23 Shoreline Master Program Amendments)
10. Whatcom County Planning and Development Services submitted an application for a SMP
code amendment to define B&Bs and vacation rental units as residential uses.
11. PDS estimates that about a quarter of vacation rental and bed and breakfast uses offered on
two of the most popular vacation rental websites is located within the Shoreline Master
Program jurisdiction.
12. The amendment would list vacation rental and bed and breakfast uses as residential uses in
the Shoreline Master Program, consistent with the proposed zoning code amendments.
13. A determination of non -significance (DNS) was issued under the State Environmental Policy
Act (SEPA) on May 27, 2016.
14. Notice of the subject amendment was submitted to the Washington State Department of
Commerce on April 28, 2016.
15. The Planning Commission held a public hearing on the proposed amendments on June 23,
2016, notice of which was published in the Bellingham Herald on June 10, 2016.
Page 8 of 9
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PLN2016-00011 Title 23 (Shoreline Master Program Amendments) Staff Report
16. The County Council held a duly noticed public hearing on the amendments on October 25,
2016, and passed Resolution 2016-039, directing staff to forward the SMP amendments to
the Department of Ecology for its review.
17. Pursuant to WAC 173-26-110 and Resolution No. 2016-039, the staff forwarded the proposed
SMP amendments to the Washington State Department of Ecology for review as a limited
master program amendment.
18. On April 3, 2018, the Department of Ecology granted conditional approval of the proposed
amendments, requesting some minor definitional changes that have been incorporated into
the proposal.
19. WCCP Policies 2A-13, 2FF-1, 2FF-4, and 7K-4 support economic sustainability in the rural
areas of the County.
20. WCCP Policy 2FF-4 supports rural home -based occupations, cottage industries and small-
scale tourist and recreational uses throughout the rural area provided they do not adversely
affect the surrounding residential uses, agricultural uses, forestry uses, or rural character.
V. PROPOSED CONCLUSIONS
The zoning amendments defining vacation rental units and regulating their operation is in
the public interest.
The Shoreline Master Program amendments regarding vacation rental units and bed and
breakfasts in the shoreline jurisdiction is in the public interest.
3. The amendments are consistent with the Whatcom County Comprehensive Plan.
VI. RECOMMENDATION
Planning and Development Services recommends that the Council P&D Committee review the proposed
code amendments and provide direction to staff. If the P&D Committee chooses to schedule the
ordinance before the whole Council for action, staff will schedule it for introduction and a public
hearing.
ATTACHMENTS
• Draft Ordinance No.
• Exhibit A — Proposed Title 20 (Zoning) amendments
• Exhibit B — Proposed Title 23 (Shoreline Master Program) amendments
• Resolution 2016-039
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144
####-2018
ORDINANCE NO.
PROPOSED BY:
INTRODUCTION DATE:
ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING AND TITLE 23
SHORELINE MANAGEMENT PROGRAM, RELATING TO REGULATION OF VACATION RENTAL
UNITS
WHEREAS, Use of single family homes as vacation rentals has become increasingly
common in Whatcom County in recent years; and
WHEREAS, The Whatcom County Code Title 20 Zoning and Title 23 Shoreline
Management Program lacks provisions for defining and permitting such uses; and
WHEREAS, Whatcom County Planning and Development Services has proposed
amendments to the Whatcom County Code related to regulation of vacation rental units; and
WHEREAS, The Whatcom County Council reviewed and considered Planning
Commission recommendations, staff recommendations, and public comments on the proposed
amendments; and
WHEREAS, The County Council hereby adopts the following findings of fact and
conclusions:
FINDINGS OF FACT
PLN2014-00020 (Title 20 Zoning Code Amendments)
1. Whatcom County Planning and Development Services submitted an application for a
zoning code amendment to add a definition and standards for vacation rental units.
2. The amendment would add vacation rentals as an accessory use in zones where "bed
and breakfast establishments" are currently permitted as an accessory use.
3. A determination of non -significance (DNS) was issued under the State Environmental
Policy Act (SEPA) on December 1, 2014.
4. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on November 26, 2014.
5. On January 8, 2015, the Whatcom County Planning Commission held a duly noticed
public hearing on a proposal to amend the Zoning Code (WCC Title 20) to allow
vacation rental units as accessory uses in most zones, and recommended approval.
Page 1 of 3
145
6. On , 2018, the Whatcom County Council held a duly noticed public hearing
on the proposed amendments.
7. WCCP Policies 2A-13, 2FF-1, 2FF-3, 2FF-4, and 7K-4 support small home -based
businesses in the rural areas of the county.
8. WCCP Policies 2FF-3 and 2FF-4 support rural businesses provided they do not
adversely impact rural character or surrounding uses.
WCCP Policy 2DD-2 supports protecting rural character through development
regulations.
PLN2016-00011 (Title 23 Shoreline Master Program Amendments)
10. Whatcom County Planning and Development Services submitted an application for a
SMP code amendment to define B&Bs and vacation rental units as residential uses.
11. PDS estimates that about a quarter of vacation rental and bed and breakfast uses
offered on two of the most popular vacation rental websites is located within the
Shoreline Master Program jurisdiction.
12. The amendment would list vacation rental and bed and breakfast uses as residential
uses in the Shoreline Master Program, consistent with the proposed zoning code
amendments.
13. A determination of non -significance (DNS) was issued under the State Environmental
Policy Act (SEPA) on May 27, 2016.
14. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on April 28, 2016.
15. The Planning Commission held a public hearing on the proposed amendments on
June 23, 2016, notice of which was published in the Bellingham Herald on June 10,
2016.
16. The County Council held a duly noticed public hearing on the amendments on
October 25, 2016, and passed Resolution 2016-039, directing staff to forward the
SMP amendments to the Department of Ecology for its review.
17. Pursuant to WAC 173-26-110 and Resolution No. 2016-039, the staff forwarded the
proposed SMP amendments to the Washington State Department of Ecology for
review as a limited master program amendment.
18. On April 3, 2018, the Department of Ecology granted conditional approval of the
proposed amendments, requesting some minor definitional changes that have been
incorporated into the proposal.
19. WCCP Policies 2A-13, 2FF-1, 2FF-4, and 7K-4 support economic sustainability in the
rural areas of the County.
20. WCCP Policy 2FF-4 supports rural home -based occupations, cottage industries and
small-scale tourist and recreational uses throughout the rural area provided they do
Page 2 of 3
146
not adversely affect the surrounding residential uses, agricultural uses, forestry uses,
or rural character.
CONCLUSIONS
1. The zoning amendments defining vacation rental units and regulating their operation is in
the public interest.
2. The Shoreline Master Program amendments regarding vacation rental units and bed and
breakfasts in the shoreline jurisdiction is in the public interest.
3. The amendments are consistent with the Whatcom County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as shown on
Exhibits A and B.
ADOPTED this day of
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED as to form:
Civil Deputy Prosecutor
2018,
Barry Buchanan, Chairperson
( ) Approved ( ) Denied
Jack Louws, Executive
Date:
Page 3 of 3
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July 24, 2018 Draft
EXHIBIT A
Whatcom County Code Title 20 Zoning
AMENDMENTS
Note: Proposed changes since the last version went to the P&D Committee are highlighted in yellow.
CHAPTER 20.20 URBAN RESIDENTIAL (UR) DISTRICT
20.20.100 Accessory uses.
.106 Bed and breakfast establishments except in the Lake Whatcom Watershed Overlay District where
bed and breakfast establishments are a conditional use, per WCC 20.51.070.
.107 Vacation rental unitsper WCC 20.80,960 except in the Lake Whatcom Watershed Overlay District
where vacation rental units are a conditional use, per WCC 20.51.070.
CHAPTER 20.22 URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.100 Accessory uses.
.107 Vacation rental units per WCC 20.80.960.
CHAPTER 20.24 URBAN RESIDENTIAL MIXED (UR-MX) DISTRICT
20.24.100 Accessory uses.
.107 Vacation rental units, per WCC 20.80.960.
1
Elm
July 24, 2018 Draft
CHAPTER 20.32 RESIDENTIAL RURAL (RR) DISTRICT
20.32.100 Accessory uses.
.106 Bed and breakfast establishments, except in the Lake Whatcom Watershed ❑verlay District, where
bed and breakfast establishments are a conditional use. per WCC 20.51.070.
.107 Vacation rental units, per WCC 20.80.960, except in the Lake Whatcom Watershed Overlay District,
where vacation rental units are a conditional use, per WCC 20.51.070.
CHAPTER 20.34 RURAL RESIDENTIAL - ISLAND (RR-1) DISTRICT
20.34.100 Accessory uses.
.107 Vacation rental units, per WCC 20.80.960.
CHAPTER 20.35 ELIZA ISLAND (EI) DISTRICT
20.35.100 Accessory uses.
.108 Vacation rental units, per WCC 20.80.960,
CHAPTER 20.36 RURAL (R) DISTRICT
20.36.100 Accessory uses.
.109 Bed and breakfast establishments, except in the Lake Whatcom Watershed Overlay District. where
bed and breakfast establishments are a conditional use. per WCC 20.51.070.
.110 Vacation rental units, per WCC 20.80.960, except in the Lake Whatcom Watershed Overlay District,
where vacation rental units are a conditional use, per WCC 20.51.070.
2
', •
July 24, 2018 Draft
CHAPTER 20.37 POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.100 Accessory uses.
.108 Vacation rental units, per WCC 20.80.960,
CHAPTER 20.40 AGRICULTURE (AG) DISTRICT
20.40.100 Accessory uses.
.114 Vacation rental units, per WCC 20.80.960.
CHAPTER 20.42 RURAL FORESTRY (RF) DISTRICT
20.42.150 Conditional uses.
.160 Vacation rental unitsper WCC 20.80.960.
CHAPTER 20.51 LAKE WHATCOM WATERSHED OVERLAY DISTRICT
20.51.060 Accessory uses.
All accessory uses in the underlying zone districts are permitted except as expressly prohibited or made
conditional, or further conditioned by this chapter. (Ord. 2013-043 § 1 Exh. A, 2013).
20.51.070 Conditional uses.
All conditional uses in the underlying zone districts shall remain conditional uses unless expressly
prohibited, made conditional, or further conditioned by this chapter. In addition, the following uses shall
only be conditionally permitted:
.074 Bed and Breakfast Establishments and Inns.
.075 Vacation Rental Units, per WCC 20.80.960, with the foIlowine additional criteria in the Lake
Whatcom Watershed Overlay District:
3
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July 24, 2018 Draft
1) In vacation rental units adiacent to the Lace Whatcom shoreline, the owner shall post notice to
renters information about prevention of aquatic invasive species.
2 The owner of a vacation rental unit using an on -site septic sstem shall provide to the
department a current satisfactory Report of System Status upon registration and shall provide
updated reports every three years thereafter for conventional gravity systems or annually for all
other systems.
CHAPTER 20.59 RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.100 Accessory uses.
.108 Vacation rental units per WCC 20.80.960,
CHAPTER 20.61 SMALL TOWN COMMERCIAL (STC) DISTRICT
20.61.100 Accessory uses.
.111 Vacation rental units, per WCC 20.80.960.
CHAPTER 20.62 GENERAL COMMERCIAL (GC) DISTRICT
20.62.100 Accessory uses.
.106 Vacation rental units, per WCC 20.80.960.
CHAPTER 20.64 RESORT COMMERCIAL (RC) DISTRICT
20.64.100 Accessory uses.
.113 Vacation rental unitsper WCC 20.80.960.
4
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July 24, 2018 Draft
CHAPTER 20.80 SUPPLEMENTARY REQUIREMENTS
20.80.580 Parking space requirements.
For the purpose of this ordinance, the following parking space requirements shall apply (See also WCC
20.97.140):
7.1 Bed and Breakfast Establishments and Inns: 1 for each rented sleeping unit in addition to the
parking spaces required far the single-family dweliing.
20.80.960 Vacation rental units
Vacation rental units are subiect to all of the following standards:
S11Vacation rental units in the Lake Whatcom Watershed Overlay Zone are subject to a conditional
use permit per WCC 20.51.070 and WCC 20.84. A conditional use permit may set standards that
are more restrictive than the standards in this section.
(2) There shall be no more than one vacation rental unit per lot.
(3) To operate, €each vacation rental unit must be currently registered by the owner in the
County s Vacation Rental Registry, maintained by Planning and Development
Services. Registration must be reapplied for annually, by the date of the owner's first
registration. A registration fee may be collected by the department, as specified in the County's
Unified Fee Schedule. The department may revoke registration of a vacation rental unit if the
owner the dePaF}Mefft has been cited + erfor two or more code violations within a 12-
month period. The department shall issue a registration number for each vacation rental unit
and the owner shall include the registration number in a I I advertising for the unit. The
registration shall apply to the owner and not run with the land. Information provided at the time
of registration shall include at a minimum:
a Name and telephone number of the owner or an authorized agent who is available on a 24-
hour basis to resolve problems associated with the unit,
(h) XeCopiesy of the signage required to be posted ^^ *"A 4es; exteFO9F of the . ^-* R;V;RR t.
^St:=^ eG tOGRby subsection (8),
(c_) A checklist of safety features required by the Building Official and Fire_ Marshal that the
owner certifies are present in the unit
d A statement that by signing the registration/permit application the owner or a ent
authorizes depa#R4@44the County-Aaf# to inspect the property, and agrees to engage in
dispute resolution and act in good faith to resolve disputes with neighbors arising from the
use of a_dwelling as a vacation rental.
(e) A copy of the current State of Washington business license, including the Unified Business
Identifier (UBi) number.
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July 24, 2018 Draft
(4) The maximum number of persons permitted to stay in a vacation rental unit shall not exceed
two per the number of le a I IV permitted bedrooms bein rented lus two additional Persons.
The owner shall not advertise occupancy higher than the maximum number permitted by this
subsection or by a conditional use permit, whichever is the lesser.
5 Other than the contact information required to be posted by subsection (8)c, there shall be no
outdoor si na a or a ny other visible feature that would distin uish the unit from surroundin
residential units.
6 The vacation rental shall be operated in a way that will prevent unreasonable disturbances to
nearby residentsper WCC Chapter 9.40.
(7) Off-street parking shall _b_e_provided per WCC 20.80.580f50).
8 The owner of the vacation rental unit shall post notices to renters in prominent places, to
include:
a. The maximum number offs, as calculated in subsection (4)
b. Guest rules of conduct and their resl2onsibilitV not to trespass on private propert
or create disturbances.
c. The name and telephone number of the owner or authorized agent who is available on a 24-
hour basis to resolve problems associated with the unit (to be posted both inside, for the
guests, and outside near the primarV entrance).
d. A copy of the current State of Washington business license including the Unified Business
Identifier (UBI) number.
CHAPTER 20.97 DEFINITIONS
20.97.027 Bed and breakfast establishment.
"Bed and breakfast establishment" means a privately owned dwelling that is the primary residence{o of
the owners and in which, for compensation, one to two rooms are used as Sleeping units to house or
lodge individuals or families for periods of less than one FneRth30 days as transient visitors with or
without limited food service. The use of the dwelling unit for the bed and breakfast shall be clearly
incidental and subordinate to its use for residential purposes and the purpose of the applicable zoning
district. At least one owner shall be present overnight when a Guest room is rented.
20.97.028 Bed and breakfast inn.
"Bed and breakfast inn" means a privately owned dwelling that is the primary residence(s) of the owners
in which, for compensation, three to five rooms are used as sleeping units to house or lodge individuals
or families for periods of less than one FnenthM days as transient visitors with or without limited food
service. The use of the dwelling unit for the bed and breakfast shall be clearly incidental and subordinate
to its use for residential purposes and the purpose of the applicable zoning district. At least one owner
shall be present overnight when a guest room is rented.
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July 24, 2018 Draft
20.47.445.1 Vacation Rectal Unit.
"Vacation Rental Unit" means a s ing I e-fa m Hy d we I I ing unit detached accesso Ey dwelIiria unit or
access_o_ry_apartinent that, for cc m pe n sation, is rented as a single unit used to lodge individuals cr
families for a period of less than 30 da s and where the owner is not Present in the rented unit Burin
the rental pericd. Individual sleeping rooms shall not he rented individual�.
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July 24, 2018 Draft
EXHIBIT B
Whatcom County Code Title 23
Shoreline Management Program
AMENDMENTS
(Note: Changes recommended by the Department of Ecology are highlighted in yellow.)
CHAPTER 23.30 SHORELINE JURISDICTION AND AREA DESIGNATIONS
23.30.055 Urban conservancy shoreline area — Conditional uses.
The following may be permitted as conditional uses subject to the applicable policies and regulations of
this program:
A. All other residential development.
B. Low intensity water -oriented commercial limited to resort, bed- breakfast, campgrounds and
similar facilities subject to the criteria in WCC 23.100.050. Low intensity non -water -oriented
commercial limited to resort, bed-nd- bre-a fast, campgrounds and similar facilities, subject to
the criteria in WCC 23.100.050(B)(1)(d).
23.30.095 Conservancy shoreline area — Conditional uses.
The following uses may be permitted as conditional uses subject to the applicable policies and
regulations of this program:
A. All other residential development.
Low intensity water -oriented commercial limited to resort, bed and IbFeakfast, campgrounds and
similar facilities. Low intensity non -water -oriented commercial uses limited to resort, hed and
"r^,��t, campgrounds and similar facilities may be permitted as a conditional use, subject to
the criteria in WCC 23.100.050(B)(1)(d).
CHAPTER 23.60 SHORELINE PERMITS AND EXEMPTIONS
23.60.070 Fees.
A. Required fees for all shoreline substantial development permits, shoreline conditional use
permits, shoreline variances, statements of exemption, appeals, preapplication conferences and
other required reviews and/or approvals shall be paid to the county at the time of application in
accordance with the Whatcom County unified fee schedule in effect at that time.
B. When any given project requires more than one of the following permits or applications, the
total amount of shoreline fees shall be reduced by 25 percent:
1. Preliminary plat application.
2. Rezone application.
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July 24, 2018 Draft
3. Major development permit.
4. Planned unit development.
5. Binding site plan.
C. When any project requires a shoreline conditional use permit or shoreline variance in addition
to a shoreline substantial development permit, the fees for the conditional use or variance shall
be reduced by half.
D. In the event that actions of an applicant result in the repetition of the review, inspections and
other steps in the approval process, those items or steps repeated shall be charged to and paid
by the applicant prior to any further processing of the application by the county. The cost shall
be in accordance with the adopted fee schedule.
E. If an application is withdrawn within 30 days of submittal, and no work has commenced at the
site of the proposal for which the application was made, a refund of not more than 50 percent
of the shoreline fees paid may be granted by the administrator. This amount may be reduced
where staff time, public notice and other costs exceed 50 percent of the fees paid.
P. Ne fees s 11 be collected from an aoeney of IAlhateem County n..vr..-R.R ent.
CHAPTER 23.100 SHORELINE USE POLICIES AND REGULATIONS
23.100.050 Commercial use.
Commercial development in shoreline areas shall be subject to the policies and regulations of this
section and Chapter 23.90 WCC.
C. Shoreline Area Regulations.
3. Urban Conservancy. Low intensity water -oriented commercial use and development limited
to resort, bed @Rd bFeakfaq, campgrounds and similar facilities may be permitted as a
conditional use. Low intensity non -water -oriented commercial limited to resort Rd
IbFeakfa:st, campgrounds and similar facilities may be permitted as a conditional use subject
to the criteria for such uses in subsection (13)(1)(d) of this section.
7. Conservancy. Low intensity water -oriented commercial use and development limited to
resort, bed and h"^^kf^,;+, campgrounds and similar facilities may be permitted as a
conditional use. Low intensity non -water -oriented commercial limited to resort, bed
breakfast, campgrounds and similar facilities may be permitted as a conditional use subject
to the criteria for such uses in subsection (13)(1)(d) of this section.
CHAPTER 23.110 DEFINITIONS
23.110.020 B definitions
4. "Bed and Breakfast" means a privately owned dwelling that is the primary residences of
the owner in which, for compensation, one to five rooms are used as sleeping units to house
156
July 24, 2018 Draft
or lodge individuals or families for periods of less than 30 days as transient visitors with or
without limited food service. The use of the dwelling unit for the bed and breakfast shall be
clearly incidental and subordinate to its use for residential purposes and the purpose of the
applicable zonine district. At least one owner shall be present overnight when a guest room
is rented.
(Scrivener's note: Subsequent numbers shall be renumbered)
23.110.030 C definitions
6. "Commercial development" means those developments whose primary use is for retail,
service or other commercial husiness activities. Included in this definition are developments
such as hotels, motels, bed and WeakfaSt establishments, shops, restaurants, banks,
professional offices, grocery stores, laundromats, recreational vehicle parks, commercial
rental campgrounds and cabins, whether public or private, and indoor or intensive outdoor
commercial recreation facilities. Not included are private camping clubs, marinas, signs,
utilities, bed and breakfasts, vacation rental units, and other development.
23.120.180 R definitions
7. "Residential development" means buildings, earth modifications, subdivision, and use of
land primarily for human residence, including, but not limited to: single-family and
multifamily dwellings, condominiums, mobile homes and mobile home parks, boarding
homes, family daycare homes, adult family homes, retirement and convalescent homes, bed
and breakfasts, and vacation rental units, together with accessory uses common to normal
residential use. Camping sites or clubs, recreational vehicle parks, motels; and hotels a444
^*"^r *r@^-si^^* housing are not included in this definition.
23.110.220 V definitions.
1. "Vacation Rental Unit" means a single-family dwelling unit, detached accessory dwelling
unit or accessory apartment that for compensation, is rented as a single unit used to lodge
individuals or families for a period of less than 30 days and where the owner is not present
in the rented unit during the rental period. Individual sleeping rooms shall not be rented
individually.
(Scrivener's note: Subsequent numbers shall be renumbered)
157
WHATCOM COUNTY COUNCIL AGENDA BILL
M
2016-270A
CLEARANCES
Initial
Date
Date Received in Council 9ffye
Agenda Date
Assigned to:
Originator;
Gag Davis
�A
! f� Q 1] jr
U it 1 �V/
912712016
haroduction
Division !lead:
Mark Personius
1011112016
p & D / Council
�I
P 0 i4P 01
Dept. Head,
Sam &van
q , r
10/25/2016
Public Hearing
Prosecutor:
&o.vchasingBudgengham
Y
WHATCOM COUNTY
Purchasing/Budget:
COUNCIL
Jack Louus-%
HILE uF DucUMENP
Resolution Forwarding Draft Shoreline Master Program Amendments For Department of Ecology Review
ATTACHMENTS:
1. Draft Resolution and Draft Amendments
2. Staff Memorandum
SEPA review required? ( x ) Yes ( ) NO I Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Resolution forwards to Department of Ecology draft Shoreline Master Program limited amendments related to
vacation rental and bed and breakfast uses
COMMITTEE ACTION.•
COUNCIL ACTION:
10/11/2016: Forwarded to a Public Hearing to be 9/27/2016: Introduced 7-0
scheduled at a later date 10/11/2016: Held in Council for a Public Hearing
10/25/2016: Approved 7-0, Res. 2016-039
Related County Contract #. Related File Numbers: Ordinance or Resolution Number:
PLN2016-00011
Res. 2016-039
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on I
the County's website at: www.co.whatcom.wa.us/council
W;
PROPOSED BY: PDS
INTRODUCED; 912712 16__,
RESOLUTION NO. 2016-039
FORWARDING DRAFT SHORELINE MASTER PROGRAM AMENDMENTS
FOR DEPARTMENT OF ECOLOGY REVIEW
WHEREAS, the Washington Administrative Code (WAC 173-26-080)
requires counties to develop and administer a Shoreline Master Program; and
WHEREAS, the Washington Administrative Code (WAC 173-26-110)
requires counties to submit amendments to their Shoreline Master Programs to
the Washington State Department of Ecology for its review and formal action;
and
WHEREAS, Whatcom County Code Title 23 Shoreline Management
contains the County's Shoreline Master Program; and
WHEREAS, Whatcom County Planning and Development Services has
submitted an application to amend Title 23 Shoreline Management to define
vacation rental uses and bed and breakfast uses as residential uses rather than
commercial uses, and
WHEREAS, the Whatcom County Planning Commission held a public
hearing regarding the proposed amendment to WCC Title 23 on June 23, 2016;
and
WHEREAS, a determination of non -significance was issued under the
State Environmental Policy Act on May 27, 2016; and
WHEREAS, the Planning Commission has forwarded its findings and
recommendations to the County Council; and
WHEREAS, the Whatcom County Council has reviewed and approved the
proposed amendment to the County's Shoreline Management Program and
wishes to forward it to the Department of Ecology for their review and approval;
159
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County
Council hereby forwards to the Department of Ecology for their review the
amendments shown on attached Exhibit A.
APPROVED this 25th day of
ATTEST
}�DS
Darta Brawn-Dnvk, C kI rk of4he Council
APPROVED AS TO FORM:
ter`
Clv, ecutor
October 2016.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY,
WASHINGTON
JJ�}}
anari, 'Council Chair
ff'0111
May 23, 2016 Draft
EXHIBIT A
Whatcom county code Title 23
Shoreline Management Program
AMENDMENTS
Chapter 23.30
SHORELINE JURISDICTION AND AREA DESIGNATIONS
23.30.055 Urban conservancy shoreline area - Conditional uses.
The following may be permitted as conditional uses subject to the applicable
policies and regulations of this program:
A. All other residential development.
B. Low intensity water -oriented commercial limited to resort, bed-and-b-re kfast,
campgrounds and similar facilities subject to the criteria in WCC 23.100.050. Low
intensity non -water -oriented commercial limited to resort, bed-an-d breakfast,
campgrounds and similar facilities, subject to the criteria in WCC
23.100.050(B)(1)(d).
23.30.095 Conservancy shoreline area - Conditional uses.
The following uses may be permitted as conditional uses subject to the applicable
policies and regulations of this program:
A. All other residential development.
B. Low intensity water -oriented commercial limited to resort, bet --arid- brec.tkfast,
campgrounds and similar facilities. Low intensity non -water -oriented commercial
uses limited to resort, bed and breakfast, campgrounds and similar facilities may be
permitted as a conditional use, subject to the criteria in WCC 23.100.050(B)(1)(d).
Chapter 23.100
SHORELINE USE POLICIES AND REGULATIONS
161
May 23, 2016 Draft
23.100.050 Commercial use.
Commercial development in shoreline areas shall be subject to the policies and
regulations of this section and Chapter 23.90 WCC.
C. Shoreline Area Regulations,
3. Urban Conservancy. Low intensity water -oriented commercial use and
development limited to resort; bed acrid -br ,kfast, campgrounds and similar
facilities may be permitted as a conditional use. Low intensity non -water -oriented
commercial limited to resort, -bed anri h t,•'ast, campgrounds and similar facilities
may be permitted as a conditional use subject to the criteria for such uses in
subsection (13)(1)(d) of this section.
7. Conservancy. Low intensity water -oriented commercial use and development
limited to resorts bed and breakfast, campgrounds and similar facilities may be
permitted as a conditional use. Low intensity non -water -oriented commercial
limited to resort, tied and -breakfast, campgrounds and similar facilities may be
permitted as a conditional use subject to the criteria for such uses in subsection
(13)(1)(d) of this section.
Chapter 23.110
DEFINITIONS
23.110.020 B definitions
4. "Bed and Breakfast" means a sinde f�irnil residen_ce_Lhat, is the prir71ary
residenc;er sj a F the zawner in_ which, for corn.pensation, one to five roorps are used
as sleeping,_ ini,ts to house ear lodge iradivicl.uals_or famili-cs_for peric.dJs of less than 3C
days as transient_ visitors with or without limited food service.
2
162
May 23, 2016 Draft
23.110.030 C definitions
6. "Commercial development" means those developments whose primary use is for
retail, service or other commercial business activities. Included in this definition are
developments such as hotels, motels, bed-an-Ei-bfeakfast estabiishf-nents, shops,
restaurants, banks, professional offices, grocery stores, laundromats, recreational
vehicle parks, commercial rental campgrounds and cabins, whether public or
private, and indoor or intensive outdoor commercial recreation facilities. Not
included are private camping clubs, marinas, signs, utilities, beci_and_ breakfasts,
vacatio _ j tai u.�Iits, and other development.
23.110.180 R definitions
7. "Residential development" means buildings, earth modifications, subdivision and
use of land primarily for human residence, including, but not limited to: single-
family and multifamily dwellings, condominiums, mobile homes and mobile home
parks, boarding homes, family daycare homes, adult family homes, retirement and
convalescent homes, bed -and _ breakfasts, andvacatipn rental units, together with
accessory uses common to normal residential use. Camping sites or clubs,
recreational vehicle parks, motels; and hotels arid-atheer transient -housing are not
included in this definition.
23.110.220 V definitions.
1. "Vacation Rental Unit" means a dwelling -unit where the owner is not present on
site during. the- rential_ p ric�cJ which, toy,', cprnperisat on, is use(J to lodge individUals
or fa_n,)ili_es_for- a period-of_less-than 30_days.
3
MW
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2018-233
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
Assigned to:
Originator:
Ciiff strong
'
712612018
\VI Ea D
8/8/ 18
P&D Committee
Dept. Head:
712612018
Mark Personius
W` i
LLL��� V
J U L 31 2010
Prosecutor:
Royce Buckingham
1
Purchasing/Budge!:
W-IATCOM COUNTY
Executive:
Jack Lows
COUNCIL
TITLE OFDOG4MENT.
Proposed Amendment to the Whatcom County Comprehensive Plan, Chapter 8, Marine Resource Lands
ATTACHMENTS:
1. Staff Memorandum
2. Staff Report
3. Exhibit A — Proposed amendment to Chapter 8 of the Whatcom County Comprehensive Plan
4. Exhibit B — Comparison of CM Weimer's Original Proposal to Existing Goals & Policies
5. Letter from the Lummi Business Council
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? O Yes (x) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date
S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Proposed Amendment to the Whatcom County Comprehensive Plan, Chapter 8, designating Marine Resource
Lands and providing goals and policies thereof.
COMMITTEEACTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2017-00005
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.
164
WHATCOM COUNTY Mark Personius, AICP
Planning & Development Services Director
5280 Northwest Drive y�
Bellingham, WA 98226-9097
360-778-5900,TTY 800-833-6384
360-778-5901 Fax
TO: Council's Planning & Development Committee
FROM: Cliff Strong, Senior Planner
THOUGH: Mark Personius, Director UA/7
DATE: July 26, 2018
FILE NO. PLN2017-00005 — Marine Resource Lands
SUBJECT: Proposed Amendment to the Whatcom County Comprehensive Plan, Chapter 8, Marine
Resource Lands
Via the current CompPlan Policy 8T-1, the County Council directed staff to develop a new section of the
CompPlan entitled "Marine Resource Lands" in Chapter 8, Resource Lands. Please review the attached
staff report, which explains the background for this amendment, the process used to develop it, and
reviews its consistency with the Comprehensive Plan.
Staff recommends that the Council's Planning & Development Committee review the attached materials
and provide direction to staff. Options include:
• If the P&D Committee wants to move toward approving the proposal, forward it to the full
Council for introduction and a public hearing. The Council could then forward it for concurrent
review in the annual docket to be acted on in Feb/Mar 2019.
■ If the P&D Committee does not want to move toward approving the proposal, forward it to the
full Council with a recommendation to remove it from the docket.
• Direct staff to consider incorporating the non -redundant goals and policies into the Shoreline
Management Program during its update.
Attachments:
• Staff Report
• Exhibit A — Proposed amendment to Chapter 8 of the Whatcom County Comprehensive Plan
• Exhibit B — Comparison of CM Weimer's Original Proposal to Existing Goals & Policies
• Letter from the Lummi Business Council
165
WHATCOM COUNTY Mark Personius, AICP
Planning & Development Services Director
5280 Northwest Drive
Bellingham, WA 98226-9097
360-778-5900, TTY 800-833-6384
360-778-5901 Fax
Planning and Development Services
Staff Report
Whatcom County Comprehensive Plan Amendment to Chapter 8, Marine Resource
Lands
File # PLN2017-00005
File Name: Whatcom County Comprehensive Plan Amendment to Chapter 8, Marine Resource Lands
Applicants: Whatcom County Planning and Development Services (PDS)
Summary of Request: An ordinance amending the Whatcom County Comprehensive Plan, Chapter 8,
Marine Resource Lands. The proposed Marine Resource Lands language (Exhibit A) would replace the
current Marine Resource Lands language (as shown below) of the CompPlan.
Location: Countywide.
I. BACKGROUND
When the Council amended the CompPlan in 2016 they included a new section that reads:
Marine Resource Lands - Introduction
Purpose
This section contains policies to guide Whatcom County in the creation of a new section for this chapter
to ensure the conservation of functioning marine resource lands of long-term commercial and
recreational significance, and to ensure that both industries requiring functioning marine lands, and the
cultural heritage that use of our marine lands represent, thrive in the years to come.
GMA Requirements
Goal 8 of the GMA (RCW 36.70A.020) guides the County to "Maintain and enhance natural resource
based industries, including productive timber, agricultural, and fisheries industries." Marine lands have a
clear nexus regarding maintenance of fisheries industries, including commercial and recreational
shellfish harvest. While the GMA does not require specific designation of marine resource lands that
support aquatic based industries, functioning marine lands are so intrinsically necessary for production
of historical fish and shellfish production that these lands are identified on our GMA required critical
areas maps, shoreline inventory and analysis, and integral in the State/County approved 2008 Shoreline
Restoration Plan.
Goal 8T: Conserve and enhance Whatcom County's marine land base for the long-term and
sustainable production of commercial and recreational economic activities.
Policy 8T-1: Whatcom County will work with committees including but not limited to the Marine
Resource Committee, the Shellfish Protection Advisory Committee, and other local
marine land experts to create a new section of this chapter to support Goal 8T to be
docketed and processed for consideration no later than 2017.
166 Page 1 of 4
This section was proposed by then-Councilmember Weimer after having worked with the Marine
Resources Committee (MRC). The MRC's (and CM Weimer's) original proposal was much longer (text of
which is found in Exhibit B). However, concern was raised that the Planning Commission had not
considered this amendment, a requirement of the County Code for CompPlan amendments. Thus, CM
Weimer substituted the above text as a placeholder.
At one of the advisory committee meetings where staff introduced this project —at which CM Weimer
was present —one of the members commented that the proposed policies seemed quite similar to those
of our Shoreline Management Program (SMP), and asked if this was really necessary. CM Weimer
suggested that if that's the case —that if the SMP already does what this section is attempting to do —
then perhaps it's not really needed after all.
This set staff on a path to review the proposed policies against our current SMP and other CompPlan
policies. The result of that analysis is attached as Exhibit B1. It turns out that almost all the originally
proposed policies are indeed already addressed through the SMP and other CompPlan policies. (And
remember, the goals and policies of the SMP are considered a component of the CompPlan pursuant to
RCW 36.70A.480.) Therefore, most of the ideas proposed in CM Weimer's original proposal are already
covered 2. And next year we will start on an update of the SMP, due in 2020, so it can be amended at
that time to cover any new ideas.
With this, staff convened a Working Group comprised of members of the listed committees and "other
local marine land experts" per Policy 8T-1. Members included:
• Amy de Vera, Environmental Resources Management
■ Jim Hansen, Marine Resources Committee
• Pat Alesse, BBWARM
• Shannon Moore, WRIA 1 Planning Unit's Fisheries Caucus and commercial fisherman
• Steve Seymour, Drayton Harbor Shellfish Advisory Committee
• Jim Verburg, BP Cherry Point Refinery Senior Environmental Engineer
This Working Group met earlier this year to review the staff work presented herein and develop a final
draft of the Marine Resource Lands section to move forward. They decided that policies already covered
by the SMP don't need to be repeated in the MRL section, but did want to cover some basics, such as
describing what Marine Resource Lands are, why they're important, and why we'd want to protect
them. But most importantly, they recommended that the policies of this section be implemented
through the Shoreline Management Program. Their recommended language is shown in Exhibit A.
Advisory Committee Review
Staff then took the proposal to the MRC, BBWARM, and P/D SPD, in addition to the Planning
Commission, for review and their recommendations. They are as follows:
Marine Resources Committee (MRC)
The MRC reviewed the proposal at their June 7, 2018, meeting. After adding a new policy addressing
educational efforts and programs (Policy 8V-4), they recommended that the County Council adopt the
proposed language.
1 To read the entire SMP, go to
h ttp:llwww. codepu bl ish ing.comZ WA/W h atcomCou my/#!Z W hatcomCou nty23/W hatcomCou nty23. htm i.
2 Only five are not, highlighted by red text in the Staff Comments column of Exhibit A.
Page 2 of 4 167
Birch Bay Watershed and Aquatic Resources Management Committee (BBWARM)
The BBWARM reviewed the proposal at their June 20, 2018, meeting. They recommended that the
Council not adopt the proposed language. They felt that the new Marine Resource Lands section of the
CompPlan was already covered by the existing Shoreline Management Program and that including it
would add unnecessary complication/duplication. They recommended that the Council postpone any
action on the Marine Resource Lands amendment until the SMP update commences in 2019.
Portage/Drayton Shellfish Protection Districts (P/D SPD)
The P/D SPD reviewed the proposal at their July 25, 2018, meeting. However, they did not have a
quorum and could not act. They requested that we put the item on their next agenda, in October.
Planning Commission
The Planning Commission held a workshop on June 14, 2018, and a public hearing on June 28th. They
recommended that the Council not adopt the Marine Resource Lands proposal. There was concern
amongst some of the Commissioners that regulations adopted subsequent to these policies could affect
farmers, even though staff explained that it was not our nor CM Weimer's intent to address agricultural
runoff. They also thought it would be better to consider this during our SMP update, perhaps
incorporating some of the goals and policies into that rather than having a separate section.
Public Comment
To date staff has not received any public comments. But we would like to inform Council that the Lummi
Nation, through its Business Council, did file an appeal of the SEPA determination. However, they did
not submit the required appeal fee and the Director informed them that their appeal was thus not valid.
Nonetheless, PDS said we would inform Council of their concerns. Their letter is attached.
II. PROPOSED AMENDMENTS
The proposed ordinance would amend the Comprehensive Plan, Chapter 8, Marine Resource Lands
section as shown in Exhibit A.
III. COMPREHENSIVE PLAN EVALUATION
Below are listed all the pertinent Comprehensive Plan goals and policies regarding land use along the
marine shorelines:
Chapter 2, Land Use
Policy 2D-6: Review and update the Whatcom County Shoreline Management Program in
accordance with the schedule in the Shoreline Management Act (RCW 90.58.080).
Updates should improve the integration of the Shoreline Program with Growth
Management and with the Cherry Point Aquatic Reserve Management Plan in order to
provide predictability and consistency in regulation, and eliminate regulatory
redundancy.
Chapter 9, Recreation
Goal 9E: Recognize the shoreline as one of Whatcom County's unique assets and provide
adequate physical and visual access for present and future generations.
Policy 9E-1: As economically feasible, acquire for public use as much of the saltwater shoreline as
possible. Public and private resources should be explored to further this policy. A
reasonable goal is to acquire for public access a minimum of 15% of the saltwater
shoreline and adjacent tidelands in Whatcom County.
168 Page 3 of 4
Chapter 10, Environment
Goal 1013: Simplify and harmonize regulations relating to the identification, delineation, and
protection of environmental features.
Policy 1013-8: Recognize the policies of the Whatcom County Shoreline Management Program as
constituting a "Shoreline Element" of this plan. The shoreline program regulations and
policies shall be considered to be consistent with this plan.
IV. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
Staff recommends the Council adopt the following findings of fact and reasons for action:
1. Through Comprehensive Plan Policy 8T-1, the County Council directed staff to "work with
committees including but not limited to the Marine Resource Committee, the Shellfish
Protection Advisory Committee, and other local marine land experts to create a new section of
this chapter to support Goal 8T to be docketed and processed for consideration no later than
2017."
2. Working with these committees, staff convened a working group to develop a new Marine
Resource Lands section of the Comprehensive Plan, as shown in Exhibit A.
3. The working group's proposal was reviewed by the Marine Resources Committee, Birch Bay
Watershed and Aquatic Resources Management Committee, and Portage/Drayton Shellfish
Protection Districts.
4. A determination of non -significance (DNS) was issued under the State Environmental Policy Act
(SEPA) on June 13, 2018; and,
5. In accordance with RCW 36.70A.106, Whatcom County Planning and Development Services
notified the Department of Commerce of the proposed amendments contained herein on June
05, 2018 (Material ID # 24986); and,
6. The Planning Commission held a duly noticed public hearing on this ordinance on June 28, 2018;
7. The County Council held a public hearing on this ordinance on , 2018;
V. PROPOSED CONCLUSIONS
The amendment to the Whatcom County Comprehensive Plan fulfills the direction Council
gave staff in Policy 8T-1.
The amendment is consistent with the Comprehensive Plan goals and policies listed in
Section III of this staff report.
The amendment is in the public interest.
VI. RECOMMENDATION
Staff recommends that the Council's Planning & Development Committee review the attached materials
and provide direction to staff. Options include:
If the P&D Committee wants to move toward approving the proposal, forward it to the full
Council for introduction and a public hearing. The Council could then forward it for concurrent
review in the annual docket to be acted on in Feb/Mar 2019.
Page 4 of 5 169
■ If the P&D Committee does not want to move toward approving the proposal, forward it to the
full Council with a recommendation to remove it from the docket.
• Direct staff to consider incorporating the non -redundant goals and policies into the Shoreline
Management Program during its update.
VII. ATTACHMENTS
• Exhibit A— Proposed amendment to Chapter 8 of the Whatcom County Comprehensive Plan
• Exhibit B — Comparison of CM Weimer's Original Proposal to Existing Goals & Policies
• Letter from the Lummi Business Council
170 Page 5 of 5
Exhibit A: Proposed Amendment to Chapter 8 of the Comprehensive Plan
Working Group's Marine Resource Lands Recommendation
Marine Resource Lands
Purpose
Marine resource lands, for the purpose of this plan, are defined as those marine areas waterward of the
ordinary high water mark, together with their underlying lands and their water column, within the
iurisdiction ❑f the Whatcom County Shoreline Management Program (WCC Title 23). Marine resource
lands have the physical conditions and habitat required to generate and maintain fisheries of all types,
including the commercial and recreational harvest ❑f finfish shellfish algae, and other invertebrates
including but not limited to mollusks, crab, and shrimp, etc. This section is intended guide Whatcom
Count in the conservation of functioning marine resource lands of long-term commercial ecological,
cultural, and recreational significance, and to ensure that all water -dependent, water-related,_and w_ater-
enjoyment uses requiring use or access to marine resource lands thrive in the years to come.
GMA Requirements
Goal 8 of the GMA (RCW 36.70A.020) guides the County to "Maintain and entrance natural resource
based industries, including productive timber, aaricultural, and fisheries industries." While the GMA
does not specifically require the designation of marine resource lands that support aquatic -based uses
and industries, functioning marine resource lands are so intrinsically necessary for the creation and
sustainability of historical fish and wildlife production that Whatcom County wishes to acknowledge
them here.
Process
Per County Council direction, staff convened a working group comprised ❑f members of "the _Marine
Resource Committee, the Shellfish Protection Advisory Committee, and other local marine land experts."
This working group developed a draft of this section of the Comprehensive Plan _ as well as drafts of the
goals and policies contained herein. The draft was then presented to the full membership of the Marine
Resource Committee and Shellfish Protection Advisory Committees for review and recommendation to
the County Pianning Commission and Council.
Background Summary
The marine resource lands of Whatcom County have historically been one of the most important natural
resources in the region. For thousands of years the shores of Whatcom County provided an important
shellfish resource, sustaining our local tribes. More recently the tidelands of Drayton Harbor supported
one of the earlier commercial oyster -farming -businesses in the Salish Sea. The shore and nearshore lands
of the County provided spawning, rearing, and forage areas for a diverse array of finfish and shellfish
species which together formed an incredible food web for ancestral tribes and early commercial
fisheries. The County's marine resource lands are located along the coastal areas bordering the 5alish
Sea fed by the rivers, streams, and lakes that drain the upland areas of western Whatcom County.
Marine resource lands include more than 130 miles of marine shoreline.
Marine resource lands in the area of Cherry Point are designated in the Shoreline Management Program
as the Cherry Point Management Area to support adjacent Heavy Impact Industrial (HIO zoned industrial
uses that require deep water access, such as the two existing refineries and an aluminum smelter. The
17�
harbor area and waterways in Bellingham Bay are designated for preservation of commerce and
navigation along the Bellingham shoreline. The tidelands of Drayton Harbor are designated to support a
small commercial wharf, marinas, residential shoreline development, shellfish production, and natural
areas.
The majority of marine resource lands in Whatcom County are owned by the State of Washington
(managed by Department of Natural Resources (DNR)), the Lummi Nation and the Port of Bellingham
(via a Port Management Agreement with DNR). These include many of the tidelands and subtidal lands
in the County. Marine resource landowners also include some private entities that were sold tidelands
prior to 1971, and who manage their marine resource lands for a variety of uses, including recreational,
commercial, and industrial.
Historicall_V, marine resource lands have been managed for natural and farmed shellfish production and
harvest, fishing, transportation, utility corridors (oil/gas/natural gas pipelines; sewer and stormwater
outfall pipes; communication lines (phone/fiber optic); power (electric) lines, and commercial,
recreational and subsistence/cultural fishing and food gathering. Historic uses also included commercial
and industrial uses, marinas (Bellingham, Blaine), municipal garbage dumps, public parks, etc.
With a growing population, there is increasing interest in improving public access to marine resource
lands through the addition of boat ramps and access points for motor, wind, -and human -powered craft.
Over the last 20 years the desire to harvest more diverse_ aquatic resources,_ particularly from tidelands,
has driven a number of significant efforts to improve water quality as well as innovative culturing
techniques such as intertidal geoduck_seeding, nor! farming, etc.
Conservation efforts have resulted in protection of several areas including the Cherry Point Aquatic
Reserve and two areas withdrawn from leasing in Bellingham Say. These areas are valuable due to their
high productivity of aquatic life that contributes_ to the economy and greater ecosystem of Whatcom
County. Twenty years of effort and miflions_of dollars in public_ investment have kept Drayton Harbor a
viable commercial and recreational shellfish growing area for future generations to enjoy.
Marine resource lands provide a huge economic benefit to the County, and the health of our stream,
river, and estuarine environments and marine resource lands is the foundation of a critical tribal and
non -tribal finfish and shellfish industr . In 2006 non -tribal commercial fish landings from Washington
fisheries totaled nearly 109.4 million pounds, generating65.1-million in ex -vessel value i.e. the price
received by commercial fishers for fish). Whatcom County was the State's second-largest commercial
port area that year (after Grays Harbor County), with an ex -vessel value of commercial fish landings of
more than $13.5-million, accounting for nearly 21% of the total value of landings from Washington
fisheries. Additionally, the North Puget Sound Region —which the Washington Department of Fish and
Wildlife defines as including San Juan, Skagit, Snohomish and Whatcom counties —is also the most
popular location for recreational shellfishing_ in the State. In 2006, the combined recreational shellfish
catch in those four counties included more than 3.3-million pounds of Dungeness crab, 23 520 pounds of
shrimp, 93,038 pounds of clams, and more than 19,000 individual oysters.' In 2016, the marine trades
provided 6,033 jobs or 7% of the Count 's workforce.z
Whatcom County marine shorelines continue to provide income to over 250 Lummi Nation registered
shellfish harvesters. Many other Lummi and Nooksack tribal members depend on finfish and crab
harvest for a substantial part of their yearly family income. The Lummi Nation shellfish enterprise is
' Whatcom County, March 2015. Whatcom County Comprehensive Economic Development Strategy, prepared b
the Whatcom Council of Governments.
Z Center of Economic and Business Research. Western Washington Universitv. Ju1v 2016. Whatcom County Marine
Trades Impacts.
172
highly productive and provides clam, oyster, and geoduck seed to a Large part of the northwest shellfish
industry. To the extent that the environmental health of these lands impacts the ability of Tribal Nations
to practice fish and wildlife harvests and conduct ceremonial activities for their cultural, economic, and
spiritual welfare, protection of these lands is a Treaty trust resource supporting Treaty reserved rigMs—to
take fish.
Other direct and indirect benefits to the County are even more substantial given the multiplier effect
from marina -related boat works, electronics, fuel and supplies, charter and whale watching businesses,
the Alaska Ferry service, sporting goods, kayaking, rowing, sailing, wind surfing, power boating, and all
the sales, repair, maintenance, and provisioning that goes with these type of activities. Whatcom
County's marine resource areas are not only an international destination for water -dependent, water -
related, and water -enjoyment activities, such as bird and wildlife watching, sailing and cruising, fishing
and gathering, but they are also a gateway to the San Juan Islands, Gulf Islands, the greater Salish Sea
environs, and international waters. Whatcom Countv's marine resource lands are a renewable and
sustainable economic driver that will serve this region well into the future.
Issues, Goals. and Policies
The following oafs and policies apply to marine resource lands and address the issues of conserving
productive aquatic land and meeting the goals of the Growth Management Act.
Marine Resource Land Base
Tidelands, marine waters, major lakes, and navigable rivers were owned by the State of Washington at
the time of statehood unless reserved for other uses such as federal facilities or Indian reservations.
Between 1889 and 1971, the State sold many of its tidelands to railroads, timber companies, and
shellfish growers as a way to finance the State. As a result, the State owns only about 30% of the
tidelands. The bulk of tidelands and many shoreland areas are owned or managed by ports, indust_r_ie—s
tribes, and private property owners. The State retains ownership of most all of the subtidal lands which
were not sold.
Since their adoption, the marine resource land base in Washington State and in Whatcom County has
largely been protected by the Washington State Shoreline Management Act, as well as Whatcom
County's_ Shoreline Management Program_ (SMP), Critical Areas Ordinance and other land use
regulations such as stormwater, land disturbance, zoning,, and other regulations.
Historically, shoreline modification, including filling, hardening, and diking of many natural shorelines has
resulted in a significant reduction in acreage of functioning marine resource lands in many areas of the
County. These modifications came as a result of transportation improvements (roads, railroads, barge
landings, and ferry terminals), utilities (electrical, communications, sewer, stormwater, etc.),
hydropower, water -dependent uses (marinas fish processing, _ship yards), non -water dependent uses
(large industrial facilities), flood control efforts, residential development __(including_bulkheading,
armoring, 3 and docks), and parks.
The Washington State Legislature passed the State Shoreline Management Act (SMA) in June 1971.
Under the SMA, each county and city is required to adopt and administer a local shoreline management
plan to carry out the provisions of the Act. The Whatcom County Shoreline Management Program_(5MP)
is the document that implements the goals and policies of the SMA at the local level. The SMP was
originally adopted by the County Council in May 1976 in accordance_ with the SMA and the shoreline
s Since adoption of the SMP, shoreline armoring, filling, and buIkheading is only allowed for the purpose
of protectingexisting xisting_structures.
179
guidelines issued by the Washington Department of Ecology. The SMP is implemented in coordination
with other chapters of the Comprehensive Plan and the Whatcom County Code to protect and manage
shorelines throughout the county. It is important to note that Whatcom County and Ecology share joint
authority and responsibility for the administration and enforcement of the SMP. In addition, numerous
other local, state and federal regulations, permits, and approvals apply to development or use in, on or
above the County's marine resource lands. Some of the most common permits and approvals include:
Whatcom County • Shoreline statement of exemption
• Substantial development permit
• Shoreline conditional use permit
• Shoreline variance
e State Environmental PolicV Act (SEPA) determination
Washington Department of Ecology . Clean Water Act Section 401 Water Quality
Certification
■ Coastal Zone Management Consistency
Determination
Washington Department of Fish and Wildlife • Hydraulic protect approval (HPA)
Washington Department of Natural • Aquatic use authorization
Resources a Aquatic lands lease agreements
U.S. Army Corps of Engineers
e Clean Water Action Section 404 Permit
Goal 8T: Conserve and enhance Whatcom County"s marine land_ base for the long-term
and sustainable use and operation of water -dependent, -water-related and,
water -enjoyment activities.
Policy 8T-1: Coordinate with public agencies, tribal governments, landowners, and private
organizations to protect and maintain an appropriate, productive, and
sustainable marine resource land base adeauate to support marine -dependent
commercial. industrial. recreational. and cultural needs.
Aquaculture. Fishing, and other Marine Resource Lands Activities
Goal8U: Support measures to increase the viability and sustainability of Whatcom
County's aquatic biodiversity and production.
Policy 8U-1: Help improve the efficiency, effectiveness, and flexibility of environmental
regulations affecting marine resource lands in order to support environmental
protection and improve predictability.
PolicV 8U-2: Consider developing a range of non -regulatory programs, options, and
incentives that owners of marine resource lands can emolov to meet or exceed
County environmental goals.
Policy SU-3: Support the efforts of people in Whatcom County to operate in a long-term,
sustainable manner as part of a stable broad -based economy.
Policy 8U-4: Work cooperatively with the Washington State Departments of Natural
Resources, Ecology, and Fish and Wildlife to protect productive and appropriate
use of State marine resource lands within Whatcom County,
4
174
Policy 8U-S Continue cooperation and funding for a comprehensive Pollution Identification
and Correction (PIC) program as needed to reduce bacterial pollution to levels
that meet National Shellfish Sanitation Program Growing waters criteria to allow
reopening of closed shellfish beds, and to maintain the operation of those beds
in a commercially viable manner.
Reducing Land Use Impacts
Different land owners have different goals for their property and employ different practices when using
it, whether it be for their business, home, recreation, or personal enjoyment. But oft times, the practices
one property owner employs can have detrimental effects on another property owner's use or
enioyment of their property, or the public when using public lands, which can lead to conflict amongst
users. One of the most cited is how poorly managed agriculture or failing septic systems can cause
bacterial pollution of rivers and streams, causing closure of important shellfish production areas. Other
adverse upstream inputs include, but are not limited to, excess nutrients, heavy metals, and aromatic
hydrocarbons. But there have been other such actions as well, such as piers placed in fish habitat, use of
pesticides in shellfish farming, loading/unloading practices, etc. However, many such users are
employing new practices and technologies to alleviate such impacts, vet the public many not be aware.
Improved communication and education between these groups would be beneficial for each to
understand what the other is doing, how their actions affect one another, and how they plan to avoid
such impacts.
Goal 8V: Aim to reduce land use conflicts between Whatcom County`s Marine Resource
Lands operations and upland property owners.
Policy 8V-1: Support improved communication and understanding between aquatic land
landowners and the public through such mechanisms as community forums and
educational programs.
Policy 8V-2: Work cooperatively with local, State, Federal and Tribal agencies, adjacent
upland property owners, and the general public, as applicable, to address
community concerns and land use conflicts that may affect the productivity of
marine resource lands.
Policy 8V-3 Implement land use, building, and transportation planning policies regu_I_ations
and practices that help minimize adverse water quality inputs into water bodies.
Policy 8V-4 Support and participate in education efforts and programs that emphasize the
importance of and promote the benefits of marine resource lands.
Fish and Wildlife
Land use practices on marine resource lands can impact tidelands and other shallow and deepwater
habitats that are important to a wide variety fish and wildlife.
Goal 8W: Ensure that operations associated with marine resource lands strive to avoid
adverse impacts to the survival and habitat of aquatic species, particularly to
threatened and endangered fish and wildlife species and shellfish resources.
Administration and Regulation
Goal 8X: Recognize the Shoreline Management Program (WCC Title 23) and Zoning Code
(WCC Title 20) as the primary regulations used to implement this section.
175
Policy 8X-1: Pursuant to RCW 36.70A.480 and Comprehensive Plan Policy 10B-8, the
Whatcom County Shoreline Management Program is an element of this
Comprehensive Plan, and the goals and policies therein are recognized as
additional goals and policies of this section.
Polio 8X-2: Those coastal lands that fall within the 'urisdiction of the Shoreline Mana ement
Program "shoreline 'urisdiction" are hereby designated as Marine Resource
Lands, as shown on Map 8-5.
Policy 8X-3 Regulate land use on Marine Resource Lands within the County through the
Shoreline Management Program, Zoning Code, and other appropriate means.
Policy 8X-4 When updating the Shoreline Management Program, consider new or amended
policies to further these goals.
176
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°x Lummi Indian Business Council
V 2665 Kwina Road - Bellingham, Washington 98226 • (360) 312-2000
'��
STY OV ' 'Working together as one to Preserve, Promote and Protect our Sche Lang en'
June 29 2018 ,fiVE" iA, NTY
' PtANU-IG3 fi. Uf'?r'_r!iSLR'dl�'
Hearing Examiner .JUL 0 9 2019
5280 Northwest Drive,
Bellingham, WA 98226-9097 RECEr'lVE D
RE: Appeal of Determination of Nonsignificance (DNS) issued for SEP2018-00055, for the
Ordinance amending Whatcom County Comprehensive Plan, Ch 8, Marine Resource Lands.
Dear Hearing Examiner:
This letter conveys to you our statements as specified on the SEPA Appeal Form PL4-83-005B.
We believe that the determination of Nonsi nificance DNS is not correct
We strongly disagree with the contention that the ordinance will not have a significant effect(s) on
Marine Resource Lands, and the natural resources there. The ordinance and its predecessors fail
to recognize the obligations incumbent on the state and lesser governmental entities, including
Whatcom County, to manage and regulate the actions under their jurisdiction such that tribal
treaty -reserved resources and the rights to them are neither harmed nor diminished as a result of
human activities or the effects thereof. Furthermore, considering the inseparable nature of the
Salish Sea from our cultural identity as a people, we find that any ordinance or process that fails to
timely engage us in an open and forthright manner to protect our resources and rights, in effect
abets regulated activities that can, and historically have , damaged our resources and rights. The
County's habit of announcing its intentions in no way meets our need and requirement for timely
consultation and involvement in the planning of such an undertaking when actions promulgated in
its wake absolutely could impact our culture and indeed the whole of our people in ways that
could never be reasonably termed "Non -Significant".
We believe that the correct determination is a Determination of Significance
We believe that finding and determination acknowledges the potential of actions taken under the
ordinance as having possibilities for harming Treaty -Reserved resources as well as the people of
the Lummi Nation, whether directly or through deleterious effects to our Sche'lang'en (way of life)
that is so dependent on the health and well-being of the Salish Sea and all that it naturally contains
that it no less vital to us than the oxygen in the air we breathe.
The decision and ordinance affects the Lummi Nation and its people by:
The DNS enables and empowers the continuance of a modus operandi through which there can be
a continuing diminution of treaty rights and resources without a ready means of timely
notification, preventative intervention, or redress absent a judicial proceeding.
I have enclosed a copy of our position paper for your use regarding activities and their regulation
with regard to their relevance to the Salish Sea and the Lummi People. As you will note from the
paper, we secured our rights in perpetuity via the Point Elliott Treaty of 1855 with the United
States which, as with all treaties, is constitutionally —established as the Supreme Law of the Land.
We strongly disagree with the implication in your ordinance that state laws in any way circumvent
or supplant that law or eliminate the need to timely consult with us on a government -to -
government basis. Where was the engagement when the proposed ordinance was crafted? Thus,
it is with the foregoing in mind, that I must again renew my appeal of the issuance of a DNS by the
County for the proposed ordinance.
We look forward to cooperating and collaborating with the County in its quest for developing an
ordinance that recognizes the County's obligations to uphold the Supreme Laws of the Land,
including the treaty -reserved rights of the Lummi Nation (and other Point Elliott Treaty Tribes),
timely engages the Lummi Nation, and acknowledges the County's obligation and intention of
protecting the all of the marine natural resources for the benefit of all now, and yet to come.
Sincerely,
Ov
erle B..Jefferson, Sr., Director,
Lummi Natural Resources Department
Enc.
Cc: file
t�7rg I,y.CIE
Mob
The Cultural Significance and Management Iqf ' - i%4 i.t�l.1t�?Y
of the PLANNING! i ';', .,'l€ SERVICES
Xwullerny I(Salish Sea) JUL 0 9 Cultural Significance of the Salish Sea
I. The Salish Sea, known in the Lummi language as Xwullemy has been the ho e offhe
Lummi and other tribes since time immemorial. It defines the identity of the Lummi
Nation and sustains our existence. It is intimately associated with virtually all the events
and patterns of events in history that have defined the Lummi Nation as a culture.
II. The 1855 Treaty of Point Elliott, which like other treaties executed by tribal governments
and the United States government, constitutes the supreme law of the land, guarantees to
the people of the Lummi Nation the right to fish in their usual and accustomed places,
which comprise the fresh and salt waters of the Salish Sea.
III. The Lummi Nation holds that the Salish Sea is eligible for the National Register of
Historic Places (NRHP), for listing as a National Historic Landmark, and for inclusion in
the World Heritage List, for its association with the culture, traditions, and history of the
Lummi people.
IV. The fish, shellfish, marine mammals, avian life, plant life, water quality and air quality of
the Salish Sea all are elements that contribute to its cultural significance, as do the
traditions and traditional lifeways of the Lummi people.
Management of the Salish Sea and its Contributing Elements
I. In their can7pliance with federal and state laws the Lummi Nation expects agencies of the
federal, state, and local governments to consult in goad faith (i.e., adhere to the principles
of full, prior, and inforncd consent) with the Lummi Nation to avoid adverse effects on
[lie tangible and intangible cultural properties of the Salish Sea, and to adopt such
measures as are agreed upon to restore culturally significant aspects of the Salish Sea that
have deteriorated or been adversely affected by human activities over the years. Until
such time as there is meaningful consultation with the Lummi Nation and it formally
agrees with the proposed measures, our position should be construed as opposed to the
proposed activity. Any action contrary to this position would be in violation of our
treaty, the Supreme Law of the Land.
II. The Lummi Nation expects that such consultation will be carried out with full respect for
the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
III. While the Lummi Nation does and will cooperate with other tribes and governments to
ensure the proper management of the Salish Sea and its contributing elements, no one but
the Lummi Nation is authorized to speak for the Lummi Nation without the Lummi
Nation's explicit agreement. We expect all agencies to adhere to the protocols of
government -to -government relations.
' kwullerny is the language term that historically referred to the glaciers that existed In our area and now refers to
the glacial peaks and the craters left behind by the 'receded glaclers to become the sea and fresh water and
Includes other bloregion properties. Thus, xsvlem'fch'asen as a language based term(s) for many if not all aspects
of our bioregion. The Xwullemy or Salish Sea can be viewed as having both the practical side of our Lha9ternish
people but also have our spiritual and religious significance as yet the another side,
LIBCApproved March 1.3, 2018
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018 77 B
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:Council
7/9/2018
7/24/2018
Introduction
Division Head:
17
Dept. Head:n
Prosecutor:
PurchasiuglBudget:
.o
Executive:
TITLE OF DOCUMENT.
Ordinance imposing interim moratorium on Cherry Point applications and permits
ATTACHMENTS:
Ordinance
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date: 8/8/2018
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 imposing an interim moratorium on the acceptance and processing of applications and permits for new or expanded facilities in the Cherry
Point Urban Growth Area, the primary purpose of which would be the shipment of unrefined fossil fuels not to be processed at Cherry Point.
COMMITTEE ACTION:
COUNCIL ACTION.
7/24/2018: Introduced 5-2, Brenner and Byrd opposed
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Count 's website at: www.co.whatcom.wa.us/council.
We
PROPOSED BY:
INTRODUCTION DATE: JULY 24, 2018
ORDINANCE NO.
(INTERIM ORDINANCE)
IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE AND PROCESSING
OF APPLICATIONS AND PERMITS FOR NEW OR EXPANDED FACILITIES IN THE
CHERRY POINT URBAN GROWTH AREA THE PRIMARY PURPOSE OF WHICH
WOULD BE THE SHIPMENT OF UNREFINED FOSSIL FUELS NOT TO BE
PROCESSED AT CHERRY POINT
WHEREAS, on July 12, 2016, the county received a letter from Chairman Ballew
of the Lummi Business Council which included the statement that they "hope that the
amendments to the Comprehensive Plan not unfairly impact the current employers
within Cherry Point."; and
WHEREAS, the County Council previously adopted Title 20-Zoning of Whatcom
County Code which regulates land use within unincorporated areas of Whatcom County;
and
WHEREAS, the County Council adopted the Whatcom County Comprehensive
Plan on May 20, 1997, which contains goals, objectives and policies regarding land use
compatibility and environmental considerations; and
WHEREAS, the Whatcom County Council recently updated the Whatcom County
Comprehensive Plan as required by Revised Code of Washington 36.70A; and
WHEREAS, during the Comprehensive Plan review process the Whatcom County
Council received many individual public comments on fossil fuel transshipment,
transport, and transfer from Cherry Point related to the protection of the health of
Whatcom County's environment, economy, and residents; and
WHEREAS, the County recognizes that the existing refineries have for decades
been significant shippers of refined fossil fuels such as jet fuel and calcined coke used in
manufacture of aluminum while providing substantial local employment; and
WHEREAS, the refining of fossil fuels at Cherry Point provides high wage jobs
which could be lost if the existing refineries were converted to crude oil export facilities;
and
WHEREAS, the Whatcom County Council has requested the Whatcom County
Planning Commission review language that would discourage new development that
would primarily facilitate the shipment of unrefined fossil fuels not to be processed or
consumed at Cherry Point; and
WHEREAS, multiple trains carrying crude oil from the Bakken formation moving
through the United States and Canada have derailed and exploded causing damage to
property and the environment, one derailment caused significant fatalities, which is the
reason regulations must be improved; and
190
WHEREAS, a unit train carrying Bakken crude traveling through Mosier, Oregon,
on June 3, 2016, derailed and exploded causing damage to property and the Columbia
River, demonstrating that recently adopted state and federal policies and corporate
investment intended to reduce the risks associated with oil by rail have proven
insufficient to protect communities along the rail corridor; and
WHEREAS, the Washington State Department of Natural Resources has
designated waters adjacent to the Cherry Point Urban Growth Area as an aquatic
reserve to ensure long-term protection of this unique aquatic environment; and
WHEREAS, the United States recently lifted a ban on the export of crude oil
from the country, increasing pressure on deep water ports such as Cherry Point to
develop into crude export terminals; and
WHEREAS, existing refineries at Cherry Point have recently increased their
ability to accept crude oil by rail by constructing new rail offloading facilities to serve
the refineries; and
WHEREAS, existing and proposed pipeline facilities have increased, or proposed
to increase, their capacity to move crude oil, diluted bitumen, and natural gas to Cherry
Point; and
WHEREAS, Title 20 currently does not explicitly prohibit transshipment,
transport, and transfer of unrefined fossil fuels and construction of infrastructure to
facilitate expanded shipment of unrefined fossil fuels not to be processed at Cherry
Point; and
WHEREAS, according to the June 27, 2016 Land Capacity Analysis report
produced by Planning and Development Services, Cherry Point contains only 1,072.6
acres of developable land that is zoned Heavy Impact Industrial (HII) for the purposes
of "supplying a reasonable amount of land, commensurate with demand, for the
location and grouping of heavy impact industrial uses" and to `minimize the scope of
impacts generated within the HII District and to provide protection for nonindustrial
districts situated outside thereof..." (WCC 20.68.010); and
WHEREAS, expansion of existing facilities for purposes of shipping unrefined
fossil fuels not to be processed or consumed at Cherry Point will increase the transport
of dangerous fuels through our community and increase the risk of possible derailment,
spills, explosions, and the fallout will pose a serious threat to the community; and
WHEREAS, pursuant to the Washington State Constitution, the general police
powers granted to counties empower and authorize Whatcom County to adopt land use
controls to provide for the regulation of land uses within the County and to provide that
such uses shall be consistent with applicable law; and
WHEREAS, on August 9, 2016, the Whatcom County Council adopted Ordinance
2016-031, an emergency ordinance imposing a sixty day moratorium on the filing,
acceptance, and processing of new applications for conversion of land or water, new
building or structure permits, or other County permits or authorizations in the Cherry
Point Urban Growth Area for new or expanded facilities whose purpose is to facilitate
the increased shipment of unrefined fossil fuels not to be processed or consumed at
Cherry Point; and
191
WHEREAS, the Whatcom County Council adopted interim measures on
September 27, 2016 (Ordinance 2016-039), March 21, 2017 (Ordinance 2017-011),
September 26, 2017 (Ordinance 2017-049), and February 27, 2018 (Ordinance 2018-
007) prohibiting the filing, acceptance, and processing of new applications for
conversion of land or water, new building or structure permits, or other County permits
or authorizations in the Cherry Point Urban Growth Area for new or expanded facilities
whose purpose is to facilitate the increased shipment of unrefined fossil fuels not to be
processed or consumed at Cherry Point, unless the applications:
1. Were filed and complete prior to the effective date of the ordinance and
vested pursuant to Washington statutes;
2. Were for building permits for remodels, maintenance, or repairs of existing
structures where no increased capacity for shipping unrefined fossil fuels not to
be processed or consumed at Cherry Point would result; or
3. Were necessary to protect health and safety of the community.
WHEREAS, the County Council finds that extending the moratorium imposed by
Ordinance 2018-007 is necessary for the protection of public health and safety; and
WHEREAS, RCW 36.70.790 and RCW 36,70.795 allow for adoption of interim
official controls as long as a public hearing is held within sixty (60) days of adoption;
and
WHEREAS, the Whatcom County Council is scheduled to hold a public hearing
on this issue on August 8, 2018, or a later date; and
WHEREAS, the County Council fully recognizes the limits to its authority over
transportation of certain goods imposed by federal statutes and the US Constitution,
and finds that this action is within its authority;
NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council
adopts the above "WHEREAS" recitals as findings of fact in support of its action as
required by RCW 36.70A.390
BE IT FURTHER ORDAINED by the Whatcom County Council that an interim
moratorium is hereby imposed prohibiting the filing, acceptance, and processing of new
applications for conversion of land or water, new building or structure permits, or other
County permits or authorizations in the Cherry Point Urban Growth Area for new or
expanded facilities whose purpose is to facilitate the increased shipment of unrefined
fossil fuels not to be processed or consumed at Cherry Point, unless the applications:
1. Were filed and complete prior to the effective date of this ordinance and
vested pursuant to Washington statutes;
2. Are for building permits for remodels, maintenance, or repairs of existing
structures where no increased capacity for shipping unrefined fossil fuels not to
be processed or consumed at Cherry Point will result; or
3. Are necessary to protect health and safety of the community.
192
BE IT FURTHER ORDAINED by the Whatcom County Council that this interim
ordinance shall be effective for not longer than six months following its effective date,
but may be renewed for one or more six-month periods if subsequent public hearings
are held and findings of fact are made prior to each renewal.
BE IT FURTHER ORDAINED that if a section, subsection, paragraph, sentence,
clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason
by any court of competent jurisdiction; such decision shall not affect the validity of the
remaining portions of this ordinance, and if the provisions of this ordinance are found to
be inconsistent with other provisions of the Whatcom County Code, this ordinance shall
control.
BE IT FURTHER ORDAINED that for the purpose of this ordinance the
definition of "unrefined fossil fuel" includes but is not limited to all forms of crude oil
whether stabilized or not; raw bitumen, diluted bitumen, or syncrude; coal; methane
propane, butane, and other "natural gas" in liquid or gaseous formats excluding those
that are the byproduct of refinery processes in the Cherry Point UGA; and condensate.
BE IT FINALLY ORDAINED that for the purpose of this ordinance, the
definition of "facility" includes but is not limited to piers, wharfs, buildings, tank farms,
pipelines, rail loading and offloading facilities, road spurs, or any other such physical
infrastructure intended to receive, transfer, or store unrefined fossil fuels;
APPROVED this day of , 2018.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown Davis, Clerk of the Council Rud Browne, Council Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHATCOM COUNTY EXECUTIVE
WHATCOM COUNTY, WASHINGTON
Jack Louws, County Executive
) Approved ( ) Denied
Date Signed:
193
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018 214
Initial
Date
--TCLEARANCES
Dale Received in Council O ace
A enda Date
Assi ned to:
Orizinator:
Council
7/16/2018
7/24/2018
Councillntroductio
Division Head:
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.•
Appointment to fill vacancy on the Wildlife Advisory Committee - Robert Waddell
ATTACHMENTS.
Application
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
1 Vacancy Representing Technical expertise in wildlife and habitat management or current or past professional experience such as, but not limited to,
at least one of the following: wetlands manager, wildlife biologist, population biologist, natural resources manager, watershed scientist, conservation
specialist, forestry protection, and tribal representative. Term ending 12/31/2022. Applicant: Robert Waddell.
The committee will advise the Whatcom County Planning and Development Services Department staff and the Whatcom County Council on the value
of wildlife and habitat management issues as they relate to the Whatcom County Comprehensive Plan, with the goal of integrating wildlife
management and protection into the community planning process.
COMMITTEE ACTION:
COUNCIL ACTION.
7/24/2018: Introduced 5-2, Brenner and Byrd opposed
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Count 's website at: www.co.whatcom.wa.uslcouncil.
194
NaDean Hanson
From: noreply@civicplus.com
Sent: Monday, July 09, 2018 12:15 PM
To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive;
NaDean Hanson
Subject: Online Form Submittal: Board and Commission Application
Board and Commission Application
Step 1
Application for Appointment to Whatcom County Boards and Commissions
Public Statement
THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission,
the information provided 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.
First Name Robert
Last Name Waddell
Date 7/9/2018
Street Address 1508 F Street
City Bellingham
Zip 98225
Do you live in & are you Yes
registered to vote in
Whatcom County?
Do you have a different YES
mailing address?
Mailing Address PO Box 1100, La Conner, WA 98257
Primary Telephone 425-422-0537
Secondary Telephone Field not completed.
Email Address robert.waddell dfw.wa. ov
i
195
Step 2
1. Name of Board or
Committee
Wildlife Advisory
Committee (WAC)
Position:
2. Do you meet the
residency, employment,
and/or affiliation
requirements of the
position for which you're
applying?
3. Which Council district
do you live in?
4. Are you a US citizen?
Wildlife Advisory Committee
I have professional experience as a wildlife biologist.
Yes
District 2
Yes
5. Are you registered to Yes
vote in Whatcom County?
6. Have you declared No
candidacy (as defined by
RCW 42.17A.055) for a
paid elected office in any
jurisdiction within the
county?
7. Have you ever been a No
member of this
Board/Commission?
8. Do you or your spouse No
have a financial interest
in or are you an employee
or officer of any business
or agency that does
business with Whatcom
County?
You may attach a resume Field not completed.
or detailed summary of
experience, qualifications,
& interest in response to
the following questions
9. Please describe your I am a District Wildlife Biologist for the Washington Department
z
M611
occupation (or former
occupation if retired),
qualifications,
professional and/or
community activities, and
education
10. Please describe why
you're interested in
serving on this board or
commission
References (please
include daytime
telephone number):
Signature of applicant
Place Signed / Submitted
of Fish and Wildlife (WDFW). I manage wildlife in the state's
District 14, encompassing Whatcom and Skagit Counties. I
hold a Bachelor's (1997) and Master's (2000) in Wildlife
Ecology and Management from the University of Georgia. In
my career I have worked with and researched a variety of
ungulates and carnivore species in different habitats.
Although I have worked for WDFW since January 2016, 1 am a
new employee in this WDFW district and a new resident of
Bellingham (I moved here in May 2018). 1 am very interested in
serving on the committee as a Whatcom County resident and
representative for WDFW. I am interested in helping advise the
county on wildlife management, wildlife habitat
enhancement/protection, etc.
Fenner Yarborough, WDFW Wildlife Regional Program
Manager (360) 466-4345
Robert Waddell
La Conner, WA
Email not displaying correctly? View it in your browser.
197
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018-235
CLEARANCES
Initial
Date Received in Council Office
A enda Date Assf
$/$/�Introduction
� 9/11/18 f Resources
Originator.•
rD�ate
L-7- (� 1,pr
j�
IN El5 1 V V
JUL 31 2018
WHATCOM COUNTY
COUNCIL
Division Head:
Dept. Head-
UA 17
•1.- jjri - aU
Prosecutor:
� .
/
r ��� (�
Purchasing/Budget:
Executive: 4%5
3 I. I O
TITLE OFF Request to amend the PDR Program Guidelines as recommended by the Purchase of
Development Ri s Oversight Committee
ATTACHMENTS: Memo, Draft Updated PDR Program Guidelines, Recommended Ordinance with Exhibit
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
Development pressure in Whatcom County continues to impact agricultural areas, but pressure is also being
applied to working forestlands and important ecosystem areas. Based on the receipt of multiple applications
from property owners voluntarily applying to sell development rights on properties that would protect additional
values such as working forestlands or important ecosystem areas, in addition to consideration of other
prioritization considerations, the Purchase of Development Rights Oversight Committee reviewed the currently
approved PDR Program Guidelines. The PDR Oversight worked on updating the PDR Program Guidelines for
the entire year of 2017 and would like to request Council approval of the updated guidelines and accompanying
ordinance.
COMMITTEEACTION.•
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available• for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
HW
WHATCOM COUNTY
Planning & Development Services e-N
5280 Northwest Drive
t.`
Bellingham, WA 98226-9097 IL
360-778-5900,TTY 800-833-6384 vftoor
360-778-5901 Fax
Memorandum
TO: Honorable County Councilmembers
Honorable Executive Louws
THROUGH: Mark Personius, PDS Director VLAF
FROM: Chris Elder, PDR Program Administrato6c
DATE: 7/23/2018
Mark Personius, AICP
Director
SUBJECT: Request to amend the PDR Program Guidelines as recommended by the
Purchase of Development Rights Oversight Committee
The Purchase of Development Rights Oversight Committee worked on updating the PDR
Program Guidelines during regular committee meetings for the entire year of 2017. Based
on the receipt of numerous applications from property owners voluntarily applying to sell
development rights on properties that would protect other values such as working
forestlands or the protection of important ecosystem areas, the PDR Oversight Committee
amended the PDR Program Guidelines to be able to effectively receive, process, and support
these applications. Development pressure in Whatcom County continues to impact
agricultural areas, but pressure is also being applied to working forestlands and important
ecosystem areas. The Program guidelines and scoring criteria, as presented in the attached
documents, prioritize the protection of agricultural applications.
Several Comprehensive Plan policies also support this broadened program scope including
the following:
Policy 8G-5: Support conservation of working forest land base through cooperation between
landowners, private organizations, and public agencies, and through incentives such as the
current use tax assessment provisions of RCW 84.33, and RCW 84.34.
Policy 1OK-7: Promote voluntary fish and wildlife habitat enhancement projects through
educational and incentive programs, such as purchase of development rights or habitat
conservation easements. These projects, which can be done by individuals, organizations,
and businesses, will buffer and expand fish, plant, and wildlife habitat.
The PDR Oversight Committee and PDR Program staff recommend these updated guidelines
and the attached ordinance. We look forward to discussing these recommended changes
with you.
Please call Chris Elder, PDR Program Administrator, with any questions or concerns.
199
1
2
3
4
5
6
7
8
9
PROPOSED BY: PDS
INTRODUCTION DATE:
ORDINANCE NO.
ADOPTING AMENDMENTS TO THE
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
10 WHEREAS, Whatcom County government recognizes agriculture and forestry as
11 major contributors to the local economy, and agriculture, forestry, and ecosystem functions
12 and values as contributing to a high quality of life for Whatcom County citizens; and
13
14 WHEREAS, The Growth Management Act and the County Comprehensive Plan
15 support the retention of agricultural and forestry lands of long term commercial significance
16 and protection of ecosystem functions and values, and encourage the use of innovative
17 techniques to do so; and
18
19 WHEREAS, Ordinance #92-002 enacted a property tax levy known as the
20 Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to
21 assist in acquiring open space, wetlands, farm and agricultural land, and timber land; and
22
23 WHEREAS, Ordinance #2002-054 established the Whatcom County Agricultural
24 Purchase of Devleopment Rights Program; and
25
26 WHEREAS, The Whatcom County Council has identified the Purchase of
27 Development Rights Program as an effective tool to protect community values by
28 compensating willing property for the voluntary sale of development rights, and
29
30 WHEREAS, The Whatcom County Purchase of Development Rights Program has
31 received several voluntary applications from non-agricultural property owners wishing to
32 protect their working forestlands and important ecosystem areas, and
33
34 WHEREAS, Additional sources of matching funds are available to support acquisition
35 of conservation easements on properties that protect forestry and ecosystem values, and
36
37 WHEREAS, The Purchase of Development Rights Oversight Committee has updated
38 the program guidelines so as to maintain the protection of agricultural lands as the primary
39 purpose of the program, and
40
41 WHEREAS, The Purchase of Development Rights Oversight Committee voted
42 unanimously on January 26, 2018 to recommend approval of the updated guidelines.
43
44
45
46
47
48
49
50
51
Page 1
200
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NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 3.25A is hereby amended as outlined in Exhibit A to this ordinance.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Clerk of the Council
WHATCOM COUNTY EXECUTIVE
APPROVED AS ' FO
Is
Civil Dep Prosecutor
, 2018.
Page 2
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne, Council Chair
WHATCOM COUNTY, WASHINGTON
Jack Louws, County Executive
( ) Approved ( ) Denied
Date Signed:
201
Whatcom County
Agricultural, Forestry, and Ecological
Purchase of Development Rights
PROGRAM GUIDELINES
Revised version adopted April 9, 2013,
Second revision adopted XX, 2018
w_
202
[this page is intentionally blank]
+K110
TABLE OF CONTENTS
I. INTRODUCTION..................................................................................................................................................1
11. PDR PROGRAM OBJECTIVE AND PRINCIPLES........................................................................................2
III. ELIGIBILITY CRITERIA.................................................................................................................................4
IV. SITE SELECTION CRITERIA..........................................................................................................................5
V. OVERVIEW OF PDR PROGRAM PROCEDUREF......................................................................................10
VI. CONSERVATION EASEMENTS...................................................................................................................13
VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS
.............................................15
VIII. CONSERVATION FUTURES FUND..........................................................................................................21
APPENDIX A - AGRICULTURAL PRIORITY AREAS....................................................................................23
APPENDIX B - FORESTRY PRIORITY AREAS................................................................................................24
APPENDIX C - ECOLOGICAL PRIORITY AREAS..........................................................................................25
APPENDIXD - MAJOR ROADS...........................................................................................................................26
APPENDIXE - SOILS LIST...................................................................................................................................27
APPENDIX F - MODEL CONSERVATION EASEMENT.................................................................................
31
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
204
I. INTRODUCTION
These Program Guidelines are authorized under WCC Title 3.25A and serve as rules and
procedures for administering the Whatcom County Agricultural, Forestry, and Ecological
Purchase of Development Rights (PDR) Program.
The Guidelines serve two functions:
A. To provide an overview of the land preservation process for the property owner.
Specifically, this information can be found in Section V.
B. To establish the rules and operational procedures that the PDR Oversight Committee and
the Administrator must follow when operating a Purchase of Development Rights
program.
Revised and adopted, XX, 2018 Page 1
205
II. PDR PROGRAM OBJECTIVE AND PRINCIPLES
Responding to the loss of County farmland, the Whatcom County Executive initiated the
development of a Purchase of Development Rights (PDR) program in September of 2001. A
PDR Advisory Committee comprised of farmers, citizens and conservation organizations was
formed and tasked with assisting County staff in the development of a proposal for County
Council consideration. The Purchase of Development Rights Program was enacted through
Ordinance 2002-054 in September of 2002.
Since that time Whatcom County continues to experience a rapid development rate. Responding
to the continued loss of agricultural land and of other land types such as forest resource lands and
areas of ecological importance, these program guidelines have been updated accordingly.
A. Objective
The primary objective of the Whatcom County Purchase of Development Rights
Program, in conjunction with other tools, is the protection of farmland. The secondary
objective of the PDR Program is the protection of forestland and areas of ecological
importance. The Whatcom County Purchase of Development Rights Program will help to
sustain the farming and forestry enterprises as well as support healthy ecosystem function
throughout Whatcom County.
B. Principles
The PDR Program provides a strategic tool to protect County farmland, forestland, and
areas of ecological importance.
1. Preserve the County's Agricultural lands, Forestlands and Areas of
Ecological Importance
Encourage the protection of a critical mass of agricultural and forestry land to
sustain the farm -related and forestry -related businesses and activities that are
necessary to support the agricultural and forestry industries in Whatcom County.
Additionally the Program will encourage the protection of areas of ecological
importance necessary to sustain ecosystem health and function.
The primary PDR Program emphasis will be:
a. Reduce conversion of land to non-agricultural uses within the Agricultural
District;
b. Provide a buffer to discourage encroachment into the Agricultural District;
C. Consolidate and protect areas of agricultural land; and
d. Protect agricultural lands located outside the Agricultural District that are
under increased pressure of development.
The secondary PDR Program emphases will be:
a. Reduce conversion of land to non -forestry uses within the Forestry
Districts;
b. Provide a buffer to encroachment of the Forestry Districts;
C. Consolidate and protect areas of forestry land;
Revised and adopted, XX, 2018 Page 2
206
d. Address commercially significant forestry lands outside the Forestry
Districts that are under pressure of development.
e. Protect areas of ecological importance and support and enhance ecosystem
functions within agricultural and forestry lands;
h. Improve and support habitat connectivity and protection of critical habitat
corridors.
2. Offer Effective Program Design
Maintain a voluntary tool for the preservation of productive agricultural and
forestry lands, as well as areas of ecological importance in the County that will:
a. Provide farmers and foresters with the market based economic value for
agricultural and forestry land without selling the land;
b. Provide property owners with the market based economic value for areas
of ecological importance without selling the land.
C. Support and promote ongoing agricultural and forestry activities by
offering an attractive option for farmers, foresters, and landowners;
d. Support and promote ecosystem function by offering an attractive option
for landowners; and
e. Provide for ongoing monitoring and enforcement.
3. Leverage Program Impact and Efficiency
Enhance and support a coordinated approach to the preservation of the agricultural
and forestry lands, as well as areas of ecological importance that will:
a. Create community support for agricultural and forestry preservation
initiatives;
b. Create community support for the protection of areas of ecological
importance;
C. Complement and foster other County programs and policies to preserve
farming and agricultural lands;
d. Complement and foster other County programs and policies to preserve
forestry and forestry lands;
e. Complement and foster other County programs and policies to enhance
ecosystem function and protect areas of ecological importance; and
C. Leverage other public and private funding sources and provide or increase
property owner incentives and program effectiveness.
Revised and adopted, XX, 2018 Page 3
207
III. ELIGIBILITY CRITERIA
A. Priority Consideration
Areas around the county have been identified to receive priority consideration for PDR
Program participation.
Agricultural priority areas (Appendix A) include a combination of the twelve initial PDR
Target Areas, Ten Rural Study Areas, Watershed Improvement District areas, in addition
to the lands within the Agriculture Zone. Preservation of these areas protect designated
agricultural lands and can establish a perimeter of PDR farmlands to protect against
development encroachment into large blocks of agricultural lands. These lands, due to
their soils, land use, and proximity to core agricultural areas, are deemed priority
farmlands for program participation due to their vulnerability for conversion to non-
agricultural uses.
Forestry priority areas (Appendix B) include lands located within the Rural Forestry zone
and areas designated by the Washington State Department of Natural Resources as being
priority for protection from conversion under Washington's Forest Action Plan.
Ecological priority areas (Appendix C) include lands containing a mapped Habitat
Conservation Area or within 165' of habitat conservation feature. This includes fish
bearing streams, areas identified under the Washington State Department of Fish and
Wildlife's Priority Habitats and Species, and the Chuckanut Wildlife Corridor.
Additionally the mapped FEMA Floodplain and Flood Hazard areas have been included
in addition to a 300' buffer of the Historic Meander Zone.
B. PDR Program Eligibility
Two factors will be important in determining eligibility:
1. Availability of funding to expand the program and
2. Advancement of PDR Program objectives. Priority lands will continue to receive
preference over other lands through weighted selection criteria.
All applicants for PDR Program participation must be within an Agriculture, Rural,
Rural Residential, or Rural Forestry zoning designations. Properties located in
Urban Growth Areas are ineligible to participate in the program, unless
coordination with cities is a component of an application.
Applications received on parcels smaller than 10 acres may not retain any
development rights.
Revised and adopted, XX, 2018 Page 4
208
IV. SITE SELECTION CRITERIA
All valid applications will be reviewed to determine if the acquisition of development rights will
promote the PDR program's goals and priorities. Selection criteria have been developed to guide,
but not control, the review and assessment of eligible properties during selection.
Valid and accepted offers on eligible properties of greater points shall be considered for purchase
with available funds before properties receiving lower scores. The criteria, which will be used to
evaluate the applications, are outlined below.
Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria
sections assessed. Each criteria section is rated and assigned a point value. Then each section is
assigned a weight factor. The five weight factors add up to 1.0. When total point values for a
section are multiplied by the weight factor, a score will be reached for that section. The total of
the S section scores result in the final applicant score. Staff performs the ranking, with review
and adjustment by the PDR Oversight Committee.
1. Site Evaluation
The points for each criteria are based on a 100 point scale. Higher points are given to site
characteristics that are more desirable, such as parcel size, characteristics that reflect a
site's threat of conversion, and characteristics that make a site more desirable to farming,
such as available water rights.
A. Total size of parcel(s) (nominal acres)
a. 0 — 10...................................................................... 0 points
b. 10 — 20.................................................................... 15 points
c. 20-49.9..................................................................... 30 points
d. 50-79.9........................................................ .... 70 points
e. >80..................... . .................... ............. 100 points
B. Number of existing development rights offered under current zoning
a. 1-2......................................................................... 20 points
b. 3............................................................................ 40 points
c. 4............................................................................ 60 points
d. 5............................................................................ 80 points
e.>/=6........................................................................ 100 points
C. Adjacent land is conserved by easement or other means (Whatcom Land Trust, NRCS
CREP Program, or owned by a municipality or NGO)
a. > 1 mile.................................................................... 0 points
b. 1/2 to 1 mile................................................................ 25 points
c. 1/4 to 1/2 mile................................................................50 points
Revised and adopted, XX, 2018 Page 5
209
d. <'/a mile................................................................... 75 points
e. Adjacent................................................................... 100 points
D. Percent of parcel actively farmed
a. 0-25%..................................................................... 25 points
b. 26-50%................................................................... 50 points
c. 51-75%................................................................... 75 points
d. >75%......................................................................100 points
E. Number of legal lots of record
a. 0-2......................................................................... 20 pts
b. 3............................................................................ 40 pts
c. 4............................................................................ 60 pts
d. 5............................................................................ 80 pts
e. >/= 6........................................................................ 100 pts
F. Legal water availability documentation
a. Certified Water Right/Access to public water ....................... 100 pts
b. Water Claim or documented water use ............................... 50 pts
c. No Water documentation or legal water access ..................... 0 pts
G. Proximity to major roads or road intersections
(For purposes of this evaluation, "major roads " means roads with a daily traffic
volume of 3, 000 or more trips. A list of roads currently meeting this definition is
included as Appendix D to this report.)
a) Property is at an intersection of major roads .................. 100 Points
b) Property is within 1,500 feet of the intersection
of two major roads ................................................. 75 Points
c) Property fronts on a major road .................................. 50 Points
d) Property is within 2,500 feet of a major road .................. 25 Points
H. Threat of Conversion/Parcelization
Total Number of Parcels in surrounding 1/4 mile
a) Less than 20 parcels .................................................... 50 Points
b) 20 — 50 parcels.......................................................... 100 Points
c) 50 — 100 parcels......................................................... 50 Points
d) more than 100 parcels .................................................. 0 Points
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Site Evaluation section has been 0.35, but is
subject to ongoing review by the Committee).
Revised and adopted, XX, 2018 Page 6
210
2. Land Evaluation
Productive farming, forestry and associated activities depend on soil capability (the suitability of
soils for most types of field crops and/or timber production). Therefore, emphasis should be
placed on the property's soil characteristics. The scoring system uses the NRCS Prime Farmland
classifications, LESA classifications and APO soils classifications, including classification of
soils of statewide importance as well as consideration given to site index score for forest soils.
Highest points are assigned to better agricultural soils and lower points to poorer agricultural
soils. Forest soils also receive additional points. Points are assigned based on the productivity
and/or characteristics of the soil (profile, texture, slope, other). A soils chart is included as
Appendix D. If a soil has a site index rating and a prime soil rating, the rating with the highest
number of points will be applied.
Below is a table detailing the soil point system:
_)ik, lgldk',:A iZ',1fq[ ,
Farm applications receive points for this section proportional to the percentage of each soil type
that exists on the property. An example of how this would work follows: A farm under review is
40 acres, of which 29.79 acres (about 75%) is soil 179-Whatcom Silt Loam 4-9% slopes, which
is classified as LESA 4, APO Prime 1; and 10.21 acres (about 25%) is soil 180-Whatcom Silt
Loam 9-15% slopes, which is not classified as APO or Prime, but is a soil of Statewide
Importance. This farm would score a total of 76.07 points for this Section, as shown:
A
B
C
D
E
F
G
H
I
J
K
Soil #
Area (in
% (B/Total
APO
Prime
LESA
Prime
Statewide
Site
Points
score
acres)
area)
Soil
1- 6?
Rating
Rating
Soil
Index
(J*C)
179
29.79
74.48%
Y
Y
4
1
0
2
85
63.30
180
10.21
25.53%
N
N
0
0
yes
1 2
1 50
12.76
Total area
40
76.07
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Land Evaluation section has been 0.35, but
is subject to ongoing review by the Committee).
Revised and adopted, XX, 2018 Page 7
211
3. Ecological Evaluation
The Washington State Department of Ecology Watershed Characterization report has
identified recommendations for addressing water flow processes within sub -watersheds.
A. Protection (Overall importance to Water flow processes)
a. Highest protection.................................................................. 100 pts
b. Protection............................................................................. 75 pts
c. Protection/Restoration............................................................. 50 pts
d. Conservation (no change)........................................................... 25 pts
B. Water Flow Restoration — Is property owner willing to restore ecosystem processes
beyond the minimum required practices?
a. Yes.................................................................................... 50 pts
b. Maybe/No............................................................................. 0 pts
C. Site contains conservation values (viewsheds, wetlands, notable wildlife habitat, other
critical areas)
a. Yes...................................................................................... 50 pts
b. No.........................................................................................0 pts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Ecological Evaluation section has been
0.10, but is subject to ongoing review by the Committee).
4. Special Considerations
A. Site contains heritage/historical significance, i.e. Heritage Barn Registry
1. Yes.............................................................................. 50 pts
2. No................................................................................0 pts
B. Bargain Sale Opportunity below market value
1. 91%-Full Value................................................................ 0 pts
2. 71%-90%...................................................................... 33 pts
3. 50%-70%....................................................................... 66 pts
4. < 50% Full Value.............................................................. 100 pts
C. Removal of all remaining development rights?
1. All removed........................................................................... 100 pts
2. Development rights remaining ................................................... Opts
D. Is located within a priority area :
a. In priority area.....................................................................1 00 pts
b. Not in a priority area............................................................. 0 pts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Special Considerations Points section has
been 0.10, but is subject to ongoing review by the Committee).
Revised and adopted, XX, 2018 Page 8
212
5. Matching Funds Secured
1. 100% secured................................................................. 100 pts
2. 75% secured.................................................................. 75 pts
3. 50% secured.................................................................. 50 pts
4. 25% secured.................................................................. 25 pts
5. 0% secured.................................................................... Opts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Bonus Points section has been 0.10, but is
subject to ongoing review by the Committee).
6. Final Score
The points for each section are added up and multiplied by a weight factor, which
indicates the importance that is placed on a particular characteristic. The weighted scores
are then added to provide an overall score (0-100). The higher the score, the more
closely the property meets the goals of the program and hence is a higher priority for
purchase and preservation. Properties which score less than 40 (forty) points will not be
recommended for program participation. The PDR Oversight Committee retains the
ability to add or subtract up to 5 points on any application. A write-up of committee
opinion will be included in all council proceedings.
Revised and adopted, XX, 2018 Page 9
213
V. OVERVIEW OF PDR PROGRAM PROCEDURES
A. Outreach and Publicity
Step 1: The County shall annually give notice in one newspaper of general circulation in
each area where eligible lands are located which may be acquired. The notice shall
include the properties eligible to participate, the application process and applicable
timeframes and extensions.
The Administrator may identify each property with potential development rights
within priority consideration areas and provide written notification to the property
owners.
B. Application and Ranking
Step 2: Voluntary pre -application screening. Interested property owners may meet with
the County PDR Program Administrator (Administrator) to review their eligibility
and special circumstances, if any.
Step 3: Application. An owner of land eligible for PDR Program participation submits and
application for County acquisition of property or development rights. The
application must be submitted on the form provided by the County. Lot of Record
application must be submitted simultaneously unless determination has already
been completed.
Step 4: Lot of Record/Density Determination. An owner of land eligible for PDR
Program participation submits a Lot of Record application and signs a Letter of
Intent that states that payment for this service must be made upon closing of the
easement or should the applicant wish to withdraw their application. This
application determines legal status of lots being considered and determines that
number of development rights remaining on said lots. PDR Program application
may be submitted simultaneously.
Step 5: The Administrator reviews each application for completeness, determines if the
subject property meets minimum eligibility criteria and assigns a preliminary
score based upon the PDR site selection criteria.
Step 6: The PDR Oversight Committee reviews PDR Program applications and
recommends proposed development rights acquisition utilizing the selection
criteria. Recommendations for development right acquisition are prepared and
forwarded to County Council to approve, deny, or recommend modification.
Step 7: The Administrator estimates the number of appraisals that can be initiated based
on available funds and chooses the top ranked parcels from the County Council's
list of parcels. The property owner is notified in writing of eligibility status.
Revised and adopted, XX, 2018 Page 10
214
Step 8: Property owners disputing their ranking may request a reconsideration of their
ranking to the PDR Oversight Committee within 14 days after receiving written
notice. The Committee shall review the reconsideration request at the next
regularly scheduled meeting. Special consideration will be given if applicant
modifies the original offer to include a bargain sale. The PDR Oversight
Committee may, at its discretion, change the site's rank, recommend the site for
subsequent consideration, or deny the request.
C. Title
Step 9: The Administrator initiates a title search. Closing is conditioned on the resolution
of all unapproved title exceptions, within the County's sole discretion, which may
require the receipt of subordination agreements or payoff letter.
D. Pricing Estimate and Appraisal
Step 10: The Administrator or designee provides preliminary estimate of value, and notifies
the property owner of an estimated range of value within which the appraisal will
likely fall. The Administrator or designee sends the applicant a letter of intent,
including range of expected value. The letter calls for the signature of property
owner(s), and spells out conditions under which costs for further due diligence and
the lot of record must be reimbursed to the county if the property owner chooses
to withdraw from the program within a specified period of time.
Step 10: The Administrator or designee proceeds to verify assumptions through official
county processes, such as a formal Lot of Record and density determination, and
conduct other due diligence as necessary (such as water rights research and Title
research and clearing).
Step 11: Unless Council and the Executive specifically authorize an alternate approach to
determine value, the Administrator commissions a full appraisal by a County
authorized appraiser to appraise the development rights value of the land proposed
for development rights sale. The development rights value is the difference
between the market value of full ownership of the land, and the agricultural value.
Step 12: The appraiser submits the completed appraisal (or the alternate determination of
value is conducted and submitted) to the Administrator and the Oversight
Committee for their review.
Step 13: The Administrator or designee meets with the property owner to review the
appraisal (or alternate determination of value), state the offer, review the
conservation easement provisions, agreement terms and conditions, and to answer
the property owner's questions.
Step 14: If the property owner believes that the land has not been adequately appraised or
valued, the owner may, within the time allowed in the schedule, commission an
appraisal at the owner's expense.
Revised and adopted, XX, 2018 Page 11
215
E. Offer to Purchase Easement and Agreement
Step 15: A written offer to purchase development rights based on appraised or determined
value is made to the property owner following budget authorization by the County
Council, and approval by the County Executive.
Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer.
Counter offers will be reviewed and evaluated by the Oversight Committee and
the County's authorized appraiser.
Step 17: Property owners desiring to sell their development rights sign a Purchase and Sale
Agreement.
F. Adjacent Property Owner Notification
Step 18: Neighboring property owners are notified that adjacent land is in the process of
being preserved.
G. Approval
Step 19: Review materials are presented to the County Executive for review and approval,
rejection, or recommendation for modification.
Step 20: Review materials are sent to other participating entities for partially or wholly
funded conservation easements several days prior to any deadline.
I. Settlement
Step 21: Settlement will occur following County Executive approval of transaction terms
and is contingent upon a title search and any other evidence, such as a land
survey, that may be necessary to establish clear title.
Step 22: Payment will be in full at time of settlement unless the County and property
owner agree to an installment sale.
Step 23: Checks are requested from the Finance Manager and settlement is scheduled
within a week or two of approval. Federal or state money is dispersed according to
federal or state regulation.
J. Recording
Step 24: The conservation easement will be recorded at the County Auditor's office. The
County or its designee will monitor the properties under easement at least
annually to ensure compliance with the easement.
Revised and adopted, XX, 2018 Page 12
216
VI. CONSERVATION EASEMENTS
A. Description
A conservation easement deed is a legally binding document, which is recorded by the
County Auditor, forever restricting the property to agricultural and directly associated
uses, and for which compensation may be paid. As an easement in gross in perpetuity,
restrictions are binding upon the owner and future owners, and run with the land.
B. PDR Program Conservation Easements
At the time of acquisition of development rights from a participating property, a
conservation easement is placed on the property permanently restricting development of
the site and protecting/preserving the agricultural, forestry, and ecological values
associated with the site. The conservation easement must be signed by both the property
owner(s) and the County Executive or his/her designee and recorded with the property
records for the property. A model conservation easement deed is included in these
guidelines as attachment D.
l . Conservation Easement Requirements
Conservation easements shall be on a form approved by the Whatcom County
Prosecuting Attorney and shall meet the following basic requirements:
a. The deed shall be in recordable form and contain an accurate legal
description setting forth the metes and bounds of the area subject to the
easement;
b. Restriction is granted in favor of Whatcom County, or if designated by the
organizations as defined in RCW64.04.130;
C. Restriction is granted in perpetuity, and shall bind existing and future
property owners; and
d. Unless specifically provided for, nothing in the restrictions shall be
construed to convey to the public a right of access or use of the property,
and the owner of the property, his/her heirs, successors and assigns shall
retain exclusive right to such access or use subject to the terms of the
easement.
2. Filing
After the conservation easement is signed and notarized, it must be recorded with
the Whatcom County Auditor's Office.
C. Conservation Easement Conveyance
Conservation easements may be either donated or sold, or a combination of both.
Revised and adopted, XX, 2018 Page 13
217
1. Conservation Easement Donation
a. A donation of a total parcel will not be subject to eligibility except as
below in section c. Partial parcel donation shall be considered under the
same rule as for development rights sales. Notwithstanding the eligibility
of the property, acceptance of a fee interest or partial donation is within
the discretion of the County Council.
b. Whatcom County will accept voluntary donations or bequests of
development rights as perpetual easements in gross if meeting eligibility
criteria (except priority area criteria) and within the discretion of the
County Council.
C. All properties offered for development rights donation must meet the
following minimum eligibility criteria:
1. The PDR Oversight Committee will consider each offer on a case
by -case basis, considering the property's consistency with current
and future land uses, and
2. The property must be at least 1 acre in size, and
3. Be in agricultural or forestry use or contain ecological values and
has not been irrevocably devoted to a use inconsistent with the
above values,
4. Cannot be located within an Urban Growth Area, unless
coordination with the proximal small city is a component of the
donation.
2. Conservation Easement Sale
a. Whatcom County will purchase perpetual conservation easements on
qualified properties in accordance with the policies and procedures of the
Whatcom County Agricultural, Forestry, and Ecological Purchase of
Development Rights Program, with Federal, State, County, and/or private
funds and any combination thereof.
b. All properties offered for conservation easement sale must meet minimum
eligibility criteria as contained in Section I11.
Revised and adopted, XX, 2018 Page 14
218
VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR
EASEMENTS
A. Outreach and Publicity
Annually, notice shall be published in one newspaper of general circulation. Application
opening and closing dates, if any, will be determined by the PDR Oversight Committee.
The Committee shall have the discretion to consider applications in rounds, or
individually on a rolling basis. If selection deadlines are extended, the committee will
provide public notice of the extension.
B. Application and Ranking
1. Property owner(s) voluntarily submits an application(s) to the County. The
application must be submitted to the County on the form provided by the PDR
Program, and according to the relevant public notice. Applicants are to include at
a minimum:
a. Name(s) and address(es) of the property owner(s) of the site;
b. Legal description and parcel number(s);
C. Copy of the property deed and title;
d. Total acreage of farmland to be included in the PDR Program;
e. Current land use and soils;
f. Number of dwelling units;
g. Description of the farming operation;
h. Other information necessary to evaluate property eligibility;
i. Lot of Record/Density Determination application and payment, or Lot of
Record/Density Determination application and signed Letter of Intent
agreeing to terms of payment at the time of easement closing or upon
withdrawal from program, or completed Lot of Record/Density
Determination; and
j. Acknowledgement of intent to grant to Whatcom County a conservation
easement in a form provided by the County.
2. The Administrator shall review each application to determine completeness and
eligibility.
3. Applications meeting all minimum eligibility criteria shall be evaluated and
scored by the administrator and Oversight Committee according to the site
selection criteria. (See Section IV)
4. The PDR Oversight Committee shall provide the County Council with
information and scoring of properties recommended for conservation easement
acquisition by the committee. County Council shall approve or deny pursuit of
conservation easement acquisitions on the parcels.
Revised and adopted, XX, 2018 Page 15
219
5. The Administrator shall then arrange appraisals (or alternate determination of
value) of eligible applicant properties as determined by the County Council.
6. The PDR Oversight Committee and Administrator shall provide updates to the
County Council discussing recommended purchases, possible program changes,
and anticipated budget needs.
C. Appraisal
1. Appraisals for eligible properties shall be conducted to determine the value of
development rights of parcels in the order of acquisition priority until acquisition
funds are expended.
a. The appraisals are to be made by an independent appraiser qualified to
appraise agricultural, forestry, and/or ecological land for development rights
purchases. An appraiser is deemed qualified if he or she possesses a State of
Washington certification as a State Certified General Real appraiser, MAI
designation by the Appraisal Institute (or equivalent), and at least five years
agricultural lands appraisal experience. Appraisers shall supply a narrative or
UAAR form report, which contains information as required by the Uniform
Standards of Professional Appraisal Practice (USPAP), Uniform Appriasal
Standards of Federal Land Acquisition (UASFLA) and as specified in any
contract with the County.
b. An appraisal report is an objective report of market facts. The appraisal report
must estimate both the unrestricted fee market value of the land only,
excluding the value of buildings, and the agricultural value of the land only, of
which the difference is the development rights value.
c. Both values shall be based primarily on an analysis of comparable sales. If
comparable sales data is not available for agricultural lands, the appraiser may
use local farmland rental values or capitalized production values to determine
the agricultural values of the land.
d. A description of the buildings or other improvements shall appear in the
appraisal report; however, the buildings will not be valued and therefore will
not be considered in determining the development rights value.
e. The appraiser shall report whether the subject property has any land use
restrictions, public or private and/or physical attributes, which limit the
developmental capability of the land.
f. The appraiser shall be advised that conservation easements are perpetual. The
perpetual nature of the easement shall take precedent over any agricultural
zoning status.
g. The appraisal shall be in writing and may be discussed with the owners prior
to the submission of written offers.
Revised and adopted, XX, 2018 Page 16
220
h. If the property owner believes the property has not been adequately appraised,
the owner may, within the time allotted, request that a review appraisal be
made at the owner's expense. This appraisal must be completed in accordance
with the guidelines set forth herein. If the review (owner's) appraisal is not
completed within the allotted time, the application will be delayed for future
committee consideration. If a review appraisal is completed, the appraisals
will be reviewed by the County's Appraiser. The County's Appraiser in
consultation with the Program Administrator and the PDR Oversight
Committee will accept, modify or reject the review appraisal. The
determination of the County's Appraiser is final.
i. The maximum value of development rights purchased by the County shall be
no more than the easement value contained in an appraisal report. The
easement value is the difference between the farmland's value before and after
the voluntary conservation easement.
2. Council and the Executive may specifically authorize an alternate approach to
determine value in accordance with state and local laws, in which case the
conditions of that approach would substitute for the appraisal guidelines as set
forth in C.1., above.
D. Title and Survey Issues
1. The Administrator shall request a title report confirming that applicant is the
owner of the property and has unrestricted legal right to transfer the development
rights (i.e. there must be clear title to transfer the property). The title report will be
provided to the County Attorney for review.
2. All encumbrances (including but not limited to: liens, mortgages and judgments)
against the property must be subordinated, satisfied or removed prior to
development rights acquisition. Mortgage and/or lien holder subordination and
releases may be required acknowledging that a conservation easement will be
placed on the property and subordinating their interest in the property to the deed
restriction.
3. At settlement for a County or joint development rights purchase, the PDR
Oversight Committee or applicant shall provide a title insurance policy issued by
a title insurance company authorized to conduct business in Washington State by
the Washington State Office of Insurance Commissioner. The cost of such title
insurance shall be a shared cost, with the county's portion considered a cost
incident to the development rights purchase and a reimbursable expense from the
County's Conservation Futures Fund.
4. It is the property owner's responsibility to survey (or provide a legal description
that meets specific standards) any exceptions from the easement and any
graveyards or cellular towers that may be located on the property. It is the
property owner's responsibility to provide a legal description for any commercial
Revised and adopted, XX, 2018 PLage17
operation on the farm that is not incidental to the overall farming operation, in
order to exclude it from the easement. Surveys shall be conducted by a licensed
surveyor in accordance with state and federal regulations.
E. Development Rights Value and Purchase Price
1, The maximum value of development rights purchased by the County shall be no
more than the easement value contained in an appraisal report. The easement
value is the difference between the land's value before and after the voluntary
conservation easement.
2. Development rights may only be purchased in perpetuity.
F. Recommendation of Development Rights Purchases by the PDR Oversight
Committee
1. The PDR Oversight Committee, in making recommendations concerning
applications and purchase offers, shall consider the following:
a. Evaluation according to the site selection criteria
b. Consistency with County Comprehensive
C. Cost relative to total allocations and appropriations
d. Proximity to other land subject to protection easements
2. Upon receiving the recommendations of the PDR Oversight Committee and the
Administrator, the County Executive shall review the recommendations and shall
take final action to authorize or deny proposed purchase terms and offers,
consistent with authorization by the County Council.
3. If a property is approved for development rights purchase, the Administrator will
meet with the property owner and review the terms, conditions and amount of the
County's offer. A written offer will be provided to the property owner. Written
notice shall also be provided to land not approved for development rights
purchase.
4. Within 30 days of receipt of a written offer from the County an applicant must
indicate in writing which of the following actions they intend to pursue:
a. Accept the offer.
b. Reject the offer.
1. Reject offer outright
a. no further action
b. participate in future review
2. Submit a counter offer within 90 days of written notice of offer by
the County.
C. Failure to notify the County within 30 days shall constitute rejection of the
offer.
Revised and adopted, XX, 2018 Page 18
222
5. If the offer is accepted, the Administrator shall prepare a Purchase and Sale
agreement. USDA or State Funds must be paid as lump sum. The method of
payment shall be specified from the options listed below:
a. Lump Sum
b. Installment Purchase Agreement (IPA)
C. Like -Kind Exchange
d. Or a combination of the above
6. For development rights purchase utilizing the Installment Purchase Agreement
(IPA) program, the County Council at settlement shall provide an opinion of legal
counsel that the County's obligations to make installment payments of principal
and tax-exempt interest over time are legal, valid, and binding. And that such
payments are a general obligation of the County for which its full faith, credit, and
taxing power are pledged. Interest paid by the County is exempt from federal
income taxes.
7. All Agreements of Sale and Conservation Easements require the County
Council's approval.
G. Grant of the Agricultural, Forestry, and/or Ecological Protection
Conservation Easement
Before the purchase of development rights can be finalized, a conservation easement in a
form approved by the County Attorney and consistent with the policies of the PDR
Program Guidelines, must be placed on the property permanently restricting development
of the site and preserving its agricultural, forestry and/or ecological values.
The principal interest of the County is to ensure that lands are preserved and subsequently
stewarded in a manner that maintains and enhances their farmland, forestland, and/or
ecological values. There may be some instances where there is a public interest in another
public entity or non-profit organization to hold the conservation easement, for continued
stewardship and protection of the land. The County will consider:
l . The preferences of the donor or seller;
2. Administrative, monitoring, and enforcement issues associated with the
conservation easement and the resources available to address these issues;
1 Requirement of Federal, State or County funding sources utilized to purchase
development rights.
H. Development Rights Purchase Recommendations/Submission Requirements
1. County Council: Each recommendation for development rights purchases with
County funds, State funds, Federal funds, private donor funds or a combination of
funds shall be presented to the County Council at a regularly scheduled public
meeting.
Revised and adopted, XX, 2018 Page 19
223
2. Letters of Notification: Letters of notification for development rights purchases
will be sent to adjoining property owners by the Administrator.
Revised and adopted, XX, 2018 Page 20
224
VIII. CONSERVATION FUTURES FUND
A. Intent
This fund was established in 1992 to be used solely to acquire right and interests in open
space land, farm and agricultural land, and timber land, so as to protect, preserve,
maintain, improve, restore, limit the future use of, or otherwise conserve the property for
public use and enjoyment.
B. Fund Sources
This Conservation Futures Fund is funded by a real property tax applied to all real
property within Whatcom County at a rate determined by the county administration and
county council.
C. Fund Source Accounts
Council shall annually consider an allocation of Conservation Futures Fund to be placed
in a Purchase of Development Rights Account.
D. Installment Payment Fund
I. The intent of installment payment funds, which are established by the County, is
to encumber and invest committed funds for which recipient property owners have
elected annual installment payments for a period, which may vary according to the
wishes of the property owner.
2. The full consideration of any transaction for which installment payments of five
years or less have been elected shall be placed in the fund, less the amount of any
first installment to be paid at settlement. This amount shall be invested and annual
installment payments shall include the interest accrued.
3. Annual installment payments shall be made on or before January 20th of each
year.
4. A property owner may enter into an Installment Purchase Agreement for fifteen
(15) to thirty (30) years at an interest rate to be negotiated between the property
owner and the County. The property owner will receive semi-annual interest
payments that are tax exempt. Principal will be paid in one lump sum at the end of
term. The property owner will also receive a security representing the Installment
Purchase Agreement. The property owner may sell or assign this Agreement.
Revised and adopted, XX, 2018 Pa 21
E. Public Expenditures
1. All public expenditures from the Conservation Futures Fund are subject to
approval by Whatcom County Council and will be made in accordance with
approved disbursement procedures.
2. Expenditures from the PDR Program Account shall be limited to interests in
qualified agricultural, forestry, and/or ecological land participating in Whatcom
County's Agricultural, Forestry, and Ecological Purchase of Development Rights
Program, and other expenses necessary to the acquisition of conservation
easements authorized under RCW 84.34.200-.240.
3. The annual appropriation to the PDR Program by the County Council shall be
available for the calendar year in which the appropriation was made and or the
subsequent calendar year.
Revised and adopted, XX, 2018 Page 22
226
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APPENDIX E
Soils List
Soil
#
Soil Name
APO
y/n
LESA
Group
PRIME
STATEWIDE
IMPORTANCE
Site
Index
1
ANDIC CRYOCHREPTS - 60 TO 90% SLOPES
N
0
0
2
ANDIC CRYOCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
3
ANDIC XEROCHREPTS - 60 TO 90% SLOPES
N
0
0
3
4
ANDIC XEROCFIREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
1 0
3
5
ANDIC XEROCFIREPTS-COOL ROCK OUTCROP COMPLEX-60 TO 90% SLOPES
N
0
0
4
6
BARNESTON GRAVELLY LOAM - 0 TO 8% SLOPES
N
0
0
2
7
BARNESTON VERY GRAVELLY LOAM - 8 TO 15% SLOPES
N
0
0
2
8
BARNESTON VERY GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
2
9
BARNESTON VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
10
BARNHARDT GRAVELLY LOAM - 0 TO 5% SLOPES
N
4
4
3
11
BELLINGHAM SILTY CLAY LOAM - 0 TO 2% SLOPES
N
0
2
12
BIRCHBAY SILT LOAM - 0 TO 3% SLOPES
Y
1
1
3
13
BIRCHBAY SILT LOAM - 3 TO 8% SLOPES
Y
1
1
3
14
BIRCHBAY SILT LOAM - 8 TO 15% SLOPES
N
0
0
yes
3
15
BLAfNEGATE SILTY CLAY - 0 TO 1 % SLOPES
N
0
0
16
BLAINEGATE-URBAN LAND COMPLEX - 0 TO 1% SLOPES
N
0
0
17
BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
yes
3
18
BLETHEN GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
yes
3
19
1 BLETHEN GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
3
20
BLETHEN VERY BOULDERY LOAM - 5 TO 40% SLOPES
N
0
0
3
21
BOROSAPRISTS - 0 TO 2% SLOPES
N
0
0
22
BRISCOT SILT LOAM DRAINED - 0 TO 2% SLOPES
Y
3
5
23
BRISCOT ORIDIA AND SUMAS SOILS - 0 TO 2% SLOPES
N
0
5
2
CHUCKANUT LOAM - 3 TO 8% SLOPES
N
0
1
25
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 5 TO 15% SLOPES
N
0
0
yes
2
26
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 15 TO 30% SLOPES
N
0
0
yes
2
27
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 30 TO 60% SLOPES
N
0
0
2
28
CHUCKANUT-SHALCAR COMPLEX - 0 TO 15% SLOPES
N
0
0
yes
2
29
CHUCKANUT-URBAN LAND COMPLEX - 5 TO 20% SLOPES
N
0
0
2
30
CLENDENEN GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
31
CLIPPER SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
2
2
32
COMAR SILT LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
33
COMAR SILT LOAM - 15 TO 30% SLOPES
N
0
0
yes
2
34
COMAR SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
35
CRINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
36
CUPPLES GRAVELLY LOAM - 5 TO 30% SLOPES
N
0
0
2
37
CUPPLES GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
38
DEKAPEN LOAM - 8 TO 25% SLOPES
N
0
0
3
39
DEMING GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
40
DEMING GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
41
DIOBSUD GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
42
EDFRO VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
43
EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
Revised and adopted, XX, 2018 Page 27
231
44
EDFRO VERY STONY SILT LOAM - 30 TO 600z'o SLOPES
N
0
0
45
EDMONDS-WOODLYN LOAMS - DRAINED - 0 TO 2% SLOPES
Y
3
3
46
ELIZA SILT LOAM - DRAINED - 0 TO 1% SLOPES
N
0
0
47
ELIZA-TACOMA SILT LOAMS - 0 TO 1% SLOPES
N
0
0
48
EVERETT GRAVELLY SANDY LOAM -HARD SUBSTRATUM - 2 TO 8% SLOPES
N
0
0
3
49
EVERETT VERY GRAVELLY SANDY LOAM - 8 TO 15% SLOPES
N
0
0
3
50
EVERETT VERY GRAVELLY SANDY LOAM - 15 TO 35% SLOPES
N
0
0
3
51
EVERETT COMPLEX - 2 TO 8% SLOPES
N
0
0
3
52
EVERETT-URBAN LAND COMPLEX - 5 TO 20% SLOPES
N
0
0
3
53
EVERSON SILT LOAM -DRAINED - 0 TO 2% SLOPES
N
2
2
54
FISHTRAP MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
55
GALLUP SILT LOAM - 30 TO 60% SLOPES
N
0
0
56
GALLUP SILT LOAM - 60 TO 80%
N
0
0
57
GALLUP SILT LOAM -COLD - 30 TO 60% SLOPES
N
0
0
58
GALLUP SILT LOAM -COLD - 60 TO 80% SLOPES
N
0
0
59
GETCHELL LOAM - 3 TO 30% SLOPES
N
0
0
60
GETCHELL LOAM - 30 TO 60% SLOPES
N
0
0
61
HALE SILT LOAM - 0 TO 2% SLOPES
N
0
2
4
62
HALE SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
2
2
4
63
HALLENTON SILT LOAM -DRAINED - 0 TO 1% SLOPES
N
0
2
64
HANNEGAN VERY GRAVELLY LOAM - 15 TO 40% SLOPES
N
0
0
65
HARTNIT SILT LOAM -COLD - 5 TO 30% SLOPES
N
0
0
66
HARTNIT SILT LOAM -COLD - 30 TO 60% SLOPES
N
0
0
67
HARTNIT-GALLUP-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES
N
0
0
68
HEISLER VERY GRAVELLY SILT LOAM - 8 TO 30%
N
0
0
2
69
HEISLER VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
70
HINKER VERY CHANNERY SILT LOAM - 5 TO 30% SLOPES
N
0
0
71
HINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
72
HISTOSOLS-PONDED - 0 TO 1% SLOPES
N
0
0
73
HOVDE SILT LOAM - 0 TO 2% SLOPES
N
0
0
74
HOZOMEEN GRAVELLY LOAM - 20 TO 45% SLOPES
N
0
0
75
HYDRAQUENTS-TITAL - 0 TO 1% SLOPES
N
0
0
76
JACKMAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
77
JORGENSEN GRAVELLY SILT LOAM - 3 TO 15% SLOPES
N
0
0
78
JUG VERY GRAVELLY LOAM - 3 TO 15% SLOPES
N
0
0
2
79
KICKERVILLE SILT LOAM - 0 TO 3% SLOPES
Y
1
1
2
80
KICKERVILLE SILT LOAM -3 TO 8% SLOPES
Y
1
1
2
81
KICKERVILLE SILT LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
82
KICKERVILLE-URBAN LAND COMPLEX - 0 TO 3% SLOPES
N
0
0
2
83
KINDY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
4
84
KINDY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
4
85
KINDY-OSO COMPLEX - 5 TO 40% SLOPES
N
0
0
86
KLAWATTI VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
87
KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES
N
0
0
88
KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES
N
0
0
89
KLAWATTI-ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES
N
0
0
90
KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES
N
0
0
3
91
KULSHAN LOAM - 5 TO 30% SLOPES
N
0
0
92
KILSHAN LOAM - 30 TO 60% SLOPES
N
0
0
93
LABOUNTY SILT LOAM - 0 TO 2% SLOPES
N
4
2
Revised and adopted, XX, 2018 Page 28
232
94
LABOUNTY SILT LOAM -DRAINED - 0 TO 2% SLOPES
N
0
2
95
LARUSH SILT LOAM - 0 TO 3% SLOPES
Y
3
3
2
96
LAXTON LOAM - 0 TO 30% SLOPES
Y
1
1
2
97
LAXTON LOAM - 3 TO 8% SLOPES
Y
1
1
2
98
1 LAXTON LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
99
LYNDEN SANDY LOAM
Y
1
4
3
100
LYNDEN SANDY LOAM - 3 TO 7% SLOPES
Y
1
4
3
101
LYNDEN-URBAN LAND COMPLEX - 0 TO 5% SLOPES
N
0
0
3
102
LYNN WOOD SANDY LOAM - 0 TO 5% SLOPES
N
0
0
3
103
LYNN WOOD SANDY LOAM - 5 TO 20% SLOPES
N
0
0
yes
3
104
MONTBORNE GRAVELLY LOAM - 5 TO 30% SLOPES
N
0
0
3
105
MONTBORNE GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
3
106
MONTBORNE-RINKER COMPLEX - 30 TO 60% SLOPES
N
0
0
3
107
MT. VERNON FINE SANDY LOAM - 0 TO 2% SLOPES
Y
2
3
2
108
NATI LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
109
NATO LOAM = 15 TO 30% SLOPES
N
0
0
yes
2
110
NATI LOAM - 30 TO 60% SLOPES
N
0
0
3
III
NEPTUNE VERY GRAVELLY SANDY LOAM- 0 TO 3% SLOPES
N
0
0
3
112
OAKES VERY GRAVELLY LOAM - 8 TO 30% SLOPES
N
0
0
2
113
OAKES VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
114
OAKES VERY GRAVELLY LOAM - 60 TO 80% SLOPES
N
0
0
4
115
OR1D1A SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
116
PANGBORN MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
117
PICKETT-ROCK OUTCROP COMPLEX - 5 TO 30% SLOPES
N
0
0
4
118
PICKETT-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES
N
0
0
4
119
PILCHUCK LOAMY FINE SAND - 0 TO 3% SLOPES
N
0
0
3
120
PITS
N
0
0
121
POTCHUB LOAM - 8 TO 30% SLOPES
N
0
0
122
POTCHUB LOAM - 30 TO 60% SLOPES
N
0
0
123
PUGET SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
124
PUYALLUP FINE SANDY LOAM - 0 TO 2% SLOPES
Y
2
3
2
125
REVEL LOAM - 5 TO 30% SLOPES
N
0
0
4
126
REVEL LOAM - 30 TO 60% SLOPES
N
0
0
4
127
REVEL -WELCOME -ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES
N
0
0
4
128
RINKER VERY CHANNERY SILT LOAM - 8 TO 30% SLOPES
N
0
0
3
129
RINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
3
130
RIVERWASH
N
0
0
131
ROCK OUTCROP
N
0
0
132
ROCK OUTCROP-KULSHAN COMPLEX - 60 TO 90% SLOPES
N
0
0
133
RUBBLE LAND
N
0
0
134
SAAR GRAVELLY SILT LOAM - 5 'I'0 30% SLOPES
N
0
0
135
SAAR GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
136
SAAR-HARTNIT COMPLEX - 5 TO 40% SLOPES
N
0
0
137
SANDUN VERY GRAVELLY SANDY LOAM - 5 TO 30% SLOPES
N
0
0
138
SANDUN VERY GRAVELLY SANDY LOAM - 30 TO 60% SLOPES
N
0
0
139
SEHOME LOAM - 2 TO 8% SLOPES
Y
0
1
2
140
SEHOME LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
141
SEHOME GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
yes
2
142
SEHOME GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
143
SHALCAR MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
Revised and adopted, XX, 2018 Page 29
233
144
SHALCAR AND FISUITRAP SOILS - 0 TO 2% SLOPES
N
0
2
145
SHUKSAN GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
146
SHUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
147
SHUKSAN-KULSFIAN-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES
N
0
0
148
1 SKIPOPA SILT LOAM - 0 TO 8% SLOPES
Y
0
1
3
149
SKIPOPA-BLAINEGATE COMPLEX - 0 TO 8% SLOPES
N
0
0
3
150
SKYKOMISH VERY GRAVELLY LOAM - 3 TO 30% SLOPES
N
0
0
3
151
SNOHOMISFI SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
152
SNO UALMIE GRAVELLY LOAMY SAND - 0 TO 3% SLOPES
N
0
0
3
153
1 SORENSEN VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
2
154
SORENSEN VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
155
SPRINGSTEEN VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
156
S UALICUM GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
157
S UALICUM GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
yes
2
158
S UALICUM GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
159
SQUALICUM-URBAN LAND COMPLEX - 5 ATO 20% SLOPES
N
0
0
2
160
SQUIRES VERY CHANNERY LOAM - 5 TO 30% SLOPES
N
0
0
2
161
SQUIRES VERY CHANNERY LOAM - 30 TO 60% SLOPES
N
0
0
2
162
SUMAS SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
163
TACOMA SILT LOAM - 0 TO 1% SLOPES
N
0
0
164
TACOMA SILT LOAM -DRAINED - 0 TO 1% SLOPES
N
0
0
165
'[ROMP LOAM - 0 TO 2% SLOPES
Y
1
1
3
166
TWINSI VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
167
TWINS[ VERY STONY LOAM - 30 TO 60% SLOPES
N
0
0
168
TYPIC CRYORTHODS - 60 TO 90% SLOPES
N
0
0
169
TYPIC CRYORTHODS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
170
TYPIC PSAMMA DENTS -TIDAL - 0 TO l% SLOPES
N
0
0
171
URBAN LAND
N
0
0
172
URBAN LAND-W HATCOM-LABOUNTY COMPLEX - 0 TO 8% SLOPES
N
0
0
2
173
VANZANDT VERY GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
2
174
VANZANDT VERY GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
2
175
VANZANDT VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
176
WELCOME LOAM - 5 TO 30% SLOPES
N
0
0
3
177
WELCOME LOAM - 30 TO 60% SLOPES
N
0
0
3
178
WHATCOM SILT LOAM - 0 TO 3% SLOPES
Y
2
1
2
179
WHATCOM SILT LOAM - 3 TO 8% SLOPES
Y
4
1
2
180
WHATCOM SILT LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
181
WHATCOM SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
182
WHATCOM-LABOUNTY SILT LOAMS - 0 TO 8% SLOPES
N
4
2
2
183
WHATCOM-LABOUNTY SILT LOAMS - 0 TO 15% SLOPES
N
0
0
2
184
WHITEHORN WILT LOAM - 0 TO 2% SLOPES
Y
3
2
185
WICKERSU[AM CHANNERY SILT LOAM - 0 TO 8% SLOPES
N
4
4
2
186
WINSTON SILT LOAM - 0 TO 3% SLOPES
Y
0
1
2
187
WINSTON LOAM - 3 TO 15% SLOPES
N
0
0
yes
2
188
WINSTON LOAM - 15 TO 40% SLOPES
N
0
0
yes
2
189
WISEMAN VERY CHANNERY SAND LOAM - 0 TO 8% SLOPES
N
0
0
3
190
WOLLARD GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
191
YELM LOAM - 3 TO 8% SLOPES
Y
1
1
2
192
YELM-URBAN LAND COMPLEX - 0 TO 3% SLOPES
N
0
0
2
Revised and adopted, XX, 2018 Page 30
234
APPENDIX F
Model Conservation Easement Deed
A sample Conservation Easement Deed based on the assumption of matching funds from the
USDA-NRCS Agricultural Conservation Easement Program, is included in the following pages.
Revised and adopted, XX, 2018 Page 31
235
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Revised and adapted, XX, 2018 Page 32
236
1 Chapter 3.25A
2 I AGRICULTURAL, FORESTRY, AND ECOLOGICAL PURCHASE
3 OF DEVELOPMENT RIGHTS PROGRAM
4 Sections
5
3.25A.010
Short title.
6
3.25A.020
Purpose.
7
3.25A.030
Applicability.
8
3.25A.040
Definitions.
9
3.25A.050
Designation of program administrator — Powers and duties.
10
3.25A.060
Purchase of development rights oversight committee established — Powers and
11
duties.
12 3.25A.070 Eligibility criteria.
13 3.25A.080 Ranking system.
14 3.25A.090 Conservation easement terms and conditions.
15 3.25A.100 implication and evaluation procedure.
16 3.25A.110 Purchase of development rights procedure.
17 3.25A.120 Restriction on buy-back — Extinguishment and exchange of easements.
18 3.25A.130 Authorization.
19 3.25A.010 Short true.
20 I This chapter shall be known and may be cited as the "Agricultural. Forestry, and Ecological Purchase of
21 Development Rights Program." For the purpose of this chapter this program shall be known as the "PDR"
22 program. (Ord. 2013-015 Exh. A; Ord. 2002-054 § 1)
23
24
25
26
27
28
3.255A.020 Purpose.
To establish a voluntary agricultural. forestry, and ecological purchase of development rights program for
Whatcom County which will enhance the protection of the county's farmland, forestland, and important
ecosystem areas, enhance the long-term viability of the agricultural and forestry enterprises within the
county and provide public benefit by retaining properties in permanent resource use, in addition to the
Protection ecosystem functions and values. (Ord. 2002-054 § 1).
29 4.25A.030 Applicability.
30 The PDR program shall be available for all qualifying lands, as identified in the PDR program guidelines,
31 except those lands under the ownership or control of the United States of America, the state of
237
32 Washington or an agency or instrumentality thereof. Any conservation easement acquired pursuant to this
33 chapter shall be voluntarily offered by the owner. (Ord. 2002-054 § 1).
34 3.25A.0=10 Definitions.
35 The following definitions shall apply in the interpretation and implementation of this chapter:
36 "Administrator" is that person placed in a managerial position over the daily operations of the PDR
37 program. The administrator shall serve as a direct liaison to the program.
38 "Conservation easement" means a nonpossessory interest in one or more parcels by one or more
39 qualified easement holders under WCC 3.25A.090(B) acquired under RCW 64.04.130, whether the
40 easement is appurtenant or in gross, voluntarily offered by an owner and acquired by purchase or
41 donation pursuant to the PDR program guidelines, imposing limitations or affirmative obligations for the
42 I purpose of retaining or protecting agricultural, forestry, and ecosystem values of the parcel or parcels.
43 "Owner" means the owner or owners of the fee simple interest of the parcel.
44 "Development rights" means an interest in and the right to use and subdivide land for any and all
45 1 residential, commercial and industrial purposes and activities which are not incident to agricultural,
46 1 forestry, and/or ecosystem uses.
47 "Parcel" means a legal lot of record, lawfully recorded in the Whatcom County auditor's office. A
48 conservation easement may contain one or more parcels; for purposes of this chapter the term "parcel"
49 shall include all parcels covered by, or proposed to be covered by, the conservation easement.
50 The "PDR program guidelines" shall be adopted by county council and contain the rules and regulations
51 under which the PDR program operates. They include eligibility criteria, site selection criteria, a standard
52 conservation easement and other procedures and information necessary to ensure fair and consistent
53 administration of the PDR program.
54 "Qualifying lands" means those properties meeting the eligibility criteria established in the PDR program
55 guidelines for which development rights may be purchased pursuant to this chapter. (Ord. 2002-054 § 1).
56 3.25A.050 Designation of program administrator - Powers and deities.
57 A. Designation. The administrator shall be designated by and report to the director of planning and
58 development services.
59 B. Powers and Duties. The administrator or his or her designee shall administer the PDR program and
60 shall have powers and duties to:
238
61 1. Establish reasonable and standard procedures and forms consistent with this chapter and the
62 PDR program guidelines for the administration and implementation of the program.
63 2. Promote the program in cooperation with the PDR oversight committee by providing educational
64 materials to the public and conducting informational meetings.
65 3. Investigate and pursue, in conjunction with the county, state, federal and other programs
66 available, to provide additional public and private resources to fund the program and to maximize
67 private participation.
68 4. Evaluate and rank all applications to determine their eligibility and provide assistance to the PDR
69 oversight committee in ranking properties.
70 5. Coordinate the preparation of appraisals.
71 6. Negotiate conservation easement terms and value with the owner or owners.
72 7. Provide staff support to the county council, the PDR oversight committee, and the county's
73 authorized appraiser.
74 8. For each conservation easement accepted into the program, establish baseline data, and assure
75 that the terms and conditions of the easement are monitored and complied with by coordinating a
76 monitoring program with each easement holder. (Ord. 2002-054 § 1).
77 3.215A..O60 Purchase of development rights oversight committee established — Powers and ditties.
78 A. Establishment. The PDR oversight committee is hereby established, as follows:
79 1. The committee shall consist of seven members appointed by the county executive and confirmed
80 by county council. Each member shall be a resident in and of Whatcom County. The committee
81 shall be comprised of three farmers, one individual representing farm -supporting businesses, one
82 individual possessing real estate experience, one citizen (nonfarmer) from the unincorporated
83 county, and one citizen (nonfarmer) from an incorporated city. No members may have an
84 ownership interest in any of the lands submitted for purchase pursuant to this chapter.
85 2. The members of the committee shall serve at the pleasure of the county council. The initial terms
86 of the members shall be as follows: two members shall be for two years; three members shall be
87 for three years; and two members shall be for four years. Each term after the initial term shall be for
88 four years.
239
89 3. The members of the committee shall serve without pay, but the county council may, at its
90 discretion, reimburse members for actual and necessary expenses incurred in the performance of
91 their duties.
92 4. The committee shall elect a chairperson, vice -chairperson and secretary at its first meeting each
93 calendar year. The secretary need not be a member of the committee.
94 5. The administrator shall be an ex-officio member of the committee.
95 B. Purpose. To provide oversight and evaluation for the county PDR program, The PDR oversight
96 committee's role is to advise the council in the selection of eligible lands offered for PDR acquisition.
97 C. Powers and Duties. The PDR oversight committee shall have the powers and duties to:
98 1. Promote the program, in cooperation and under the guidance of the administrator, by providing
99 educational materials to the public and conducting informational meetings.
100 2. Review and make recommendations to the administrator and the county council as to which
101 conservation easements should be purchased.
102 3. Annually review the PDR program guidelines and recommend to the county council any changes
103 needed to maintain the program's consistency with the comprehensive plan, or to improve the
104 administration, implementation and effectiveness of the program.
105 4. Provide an annual report of program accomplishments to county council and county executive.
106 D. Organization — Meetings. Meetings of the committee shall be open and accessible to the public and
107 shall be subject to the Open Public Meetings Act. The committee shall determine its own meeting
108 schedule but shall meet at least annually. A public comment period will be provided at each meeting.
109 Written records of meetings, decisions, findings and recommendations shall be kept and such records
110 shall be public. The committee shall adopt its own rules and procedures for the conduct of business. The
111 committee shall elect a chairperson from among its members who shall preside at its meetings. A quorum
112 shall consist of four members present and the committee shall operate on a "majority rule" basis.
113 E. Technical Advisory Committee. A technical advisory committee, without voting privileges, may be
114 formed to advise the PDR oversight committee on technical/scientific matters as needed. Representatives
115 may include but not be limited to individuals from the following agencies: Cooperative Extension Service,
116 National Resource Conservation Service and Whatcom Conservation District. (Ord. 2002-054 § 1).
A 01
117 3.25A.070 Eligibility criteria,
118 In order for a parcel to be eligible for a conservation easement, it must be located outside of an
119 established urban growth area and within Rural 2A, Rural 5A*, Rural 5A, Rural 10A, Residential Rural,
120 1 Rural Residential — Island, Rural Forestry, or Agriculture zoned land and meet any additional eligibility
121 criteria as defined in the PDR program guidelines. (Ord. 2011-025 § 1 Exh. A; Ord. 2002-054 § 1).
122 *The asterisk refers to Rural 5A areas depicted on the official zoning maps with an asterisk that are subject
123 to WCC 20.36.252, Rural residential density overlay.
124 3,25A,080 Ranking system.
125 In order to effectuate the purposes of this chapter, parcels for which conservation easement applications
126 have been received shall be evaluated by utilizing the site selection criteria as contained in the PDR
127 program guidelines. The ranking system shall be used to prioritize the acquisition of conservation
128 easements. (Ord. 2002-054 § 1).
129 3.25A.090 Conservation easement terms and conditions.
130 Each conservation easement shall conform with the requirements of this chapter. The deed of easement
131 shall be in a form approved by the county attorney, and shall contain, at a minimum, the provisions
132 incorporated in the standard agricultural conservation easement. Central to the purpose of the PDR
133 program are the following:
134 A. Allowable Uses. Uses that are compatible with the long-term productivity of the soil for the pursuit of
135 1 farming or forestry enterprises and/or protection of ecosystem functions and values.
136 B. Designation of Easement Holders. The county shall be the easement holder, and if designated by the
137 county council, one or more other public bodies or qualified organizations, as defined in RCW 64.04.130.
138 C. Conservation Easement Duration. A conservation easement acquired under the terms of this chapter
139 shall be in perpetuity. (Ord. 2002-054 § 1).
140 3.25A.100 Application and evaluation procedure.
141 Beginning in the first year following the adoption of the ordinance codified in this chapter and continuing
142 thereafter, the county shall conduct a voluntary property selection process generally as follows and
143 pursuant to the PDR program guidelines.
144 A. Application. Owners of qualifying lands will be invited to make application for purchase of development
145 rights by the county by giving notice in one newspaper of general circulation. Application materials will be
146 provided by the administrator and will include, at a minimum, a standard application form and information
241
147 about the PDR program. Applications shall be submitted to the administrator and reviewed for
148 completeness.
149 B. Evaluation. The administrator shall review and determine eligibility and priority classification of
150 applications. The applications ranked by the administrator shall be forwarded to the PDR oversight
151 committee. The committee shall review the applications and establish parcels for easement purchase
152 based on selection criteria contained in PDR program guidelines. The committee shall then forward the
153 parcels to the county council which shall review and prioritize parcels on which it will seek to purchase
154 conservation easements.
155 C. Appraisal. For those applications that meet the requirements of subsection B of this section, the
156 committee shall cause an appraisal of the applicant's development rights to be made in accordance with
157 PDR program guidelines.
158 D. Requirements and Deadlines May Be Waived. Any requirement or deadline set forth in this chapter or
159 the PDR program guidelines may be waived by the county council if, for good cause, it is shown that
160 urgent circumstances exist that warrant consideration of an application. Under such circumstances the
161 council may purchase a conservation easement at any time and through any process it deems necessary.
162 E. Reapplication. An owner of a parcel not selected by the county council for purchase of a conservation
163 ` easement may reapply in a4iy-the future -open -applications -pedal. (Ord. 2013-015 Exh. A; Ord. 2002-054
164 § 1).
165 3.25A.110 Purchase of de%eIoprneut rights procedure.
166 Each application for a conservation easement shall be processed and evaluated pursuant to the
167 requirements as contained in the PDR program guidelines which will include at a minimum the following:
168 A. Development Rights Sale. Based on anticipated funding the administrator shall estimate the number of
169 development rights that can be acquired from the initial pool of parcels identified in WCC 3.25A.100(B).
170 The administrator shall coordinate negotiations with the property owners. Upon completion of
171 negotiations, the administrator shall arrange for an appraisal of the development rights by an independent
172 county -authorized appraiser. The PDR oversight committee and administrator shall review the results of
173 the appraisal. The administrator shall, in writing, invite property owners to sell to the county development
174 rights for the amount of the appraised value of such development rights, subject to the terms and
175 conditions of a proposed deed of easement. Property owners desiring to sell and/or donate development
176 rights shall submit a written offer to sell. Nothing in this chapter shall compel an owner to submit an offer
177 to sell.
242
178 B. Acceptance. An offer to sell development rights shall be forwarded to the county council for
179 acceptance.
180 C. Conservation Easement Established. A conservation easement shall be established when the owner
181 and an authorized representative of the holder of the easement have each signed the deed of easement.
182 The deed shall be recorded in the Whatcom County auditor's office.
183 D. Offers Not Made — Offers Not Accepted — Invitation to Other Owners. If an owner invited to sell elects
184 not to do so, then the county administrator may send an invitation to sell to the owner(s) of the next
185 highest prioritized parcel(s) remaining on the list of parcels.
186 E. Costs. If the county council accepts an offer to sell development rights, the county may pay all other
187 costs including environmental site assessments, surveys, recording costs, if any, and other charges
188 associated with closing. However, the county shall not pay expenses or fees incurred by the property
189 owner for independent appraisals or legal, financial, or other advice, or expenses or fees in connection
190 with the release and subordination of liens to the easement purchased by the county. (Ord. 2002-054
191 § 1).
192 3.25A.120 Restriction on buy-back — Fxtiu�juishment and exchanbe of easements.
193 If circumstances arise that render the purpose of this easement impossible to accomplish, the easement
194 can be extinguished only by judicial proceedings. In the event of such an extinguishment or the taking of
195 the property by the exercise of the power of eminent domain, grantors shall pay to Whatcom County an
196 amount determined by subtracting the fair market value of the property subject to this easement from the
197 fair market value of the property unrestricted by this easement, at the time of extinguishment or
198 condemnation if Whatcom County is not compensated for its property interests at the time of the
199 extinguishment or condemnation_ Other details regarding restrictions on buy-back or extinguishment as
200 may be deemed necessary shall be contained in the PDR program guidelines, and/or the easement deed.
201 (Ord. 2013-015 Exh. A; Ord. 2002-054 § 1).
202 3.25A.130 Authorization.
203 A. The county is hereby authorized to acquire development rights from lands described and prioritized in
204 WCC 3.25A.080. Such acquisition may be accomplished by purchase, gift, grant, bequest, devise,
205 covenant or contract but only at a price which is equal to or less than the appraised value determined as
206 provided in this chapter and the PDR program guidelines.
207 B. If the owner so elects, the county is authorized to pay the purchase price in a lump -sum single
208 payment at time of closing, or to enter into contract for installment payments against the purchase price.
209 When installment purchases are made, the county is authorized to pay interest on the declining unpaid
+' ?
210 principal balance at a legal rate of interest consistent with prevailing market conditions at the time of
211 execution of the installment contract and adjusted for the tax-exempt status of such interest.
212 I C. After county acquisition of development rights, the county may purchase the remaining agricultural,
213 forestry, or ecosystem -rights or other property interests in such land only when requested by the owner
214 1 and when such acquisition is necessary to maintain agricultural forestry, or ecosystem uses of the
215 property. (Ord. 2002-054 § 1).
244
Whatcom County
Agricultural-, Forestry, and Ecological
Purchase of Development. Rights
PROGRAM GUIDELINES
Revised version adopted April 9. 2013,
Swi nd mvision adopted XX. 2018
245
MAN
[this page is intentionally blank]
247
TABLE OF CONTENTS
1. INTRODUCTION................................................................................................................................................I f
11. PDR PROGRAM OBJECTIVE AND PRINCIPLES......................................................................................22
III. ELIGIBILITY CRITERIA.................................................................................................................................4
IV. SITE SELECTION CRITERIA..........................................................................................................................6
V. OVERVIEW OF PDR PROGRAM PROCEDURES......................................................................................13
VI. CONSERVATION EASEMENTS...................................................................................................................17
VII. OPERATIONAL PROCEDURES FOR ACQUIRING PDR EASEMENTS.............................................19
VI11. CONSERVATION FUTURES FUND..........................................................................................................25
APPENDIX A: - AGRICULTURAL PRIORITY AREAS....................................27
APPENDIX B: n I IR A I S -I Tnv A n r A c- FORESTRY PRIORITY AREAS............................................28
APPENDIX C5 - ECOLOGICAL PRIORITY AREAS........................................................................................... l
A PPRNIn IX n- M A InR RnA nC 7
APPENDIXE - SOILS LIST.....................................................................................................................................3
APPENDIX &F- MODEL COM, ERVATirlONr r�. �cx'"4FNIT PE )CONSERVATION EASEMENT
...........................r.....................................................................................................................................................77
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Km
I. INTRODUCTION
These Program Guidelines are authorized Under WCC Title 3.25A and serve:as rums and
procedures for administering the Whatcom County Agricultural. Forestm And ECoing'ical
Purchase of Development Rights (PDR) Program.
The Guidelines serve two functions:
A. To provide an overview of the €amlandland preservation process for the property owner.
Specifically, this information can be found in Section V.
13. To establish the rules and operational procedures that the PDR Oversight Committee and
the Administrator must follow when operating a Purchase of Development Rights
program.
Revised and adopted, April 9, 2013
Page I
249
II. -PDR PROGRAM OBJECTIVE AND PRINCIPLES
Responding to the loss of County farmland, the Whatcom County Executive initiated the
development of a Purchase of Development Rights (PDR) program in September of 2001. _A
PDR Advisory Committee comprised of farmers, citizens and conservation organizations was
instt:tieted to assis�formed and tasked with assisting County staff in developinghe development
of a proposal for County Council consideration. The Purchase of Development Rihhts Program
was enacted through Ordinance 2002-054 in September of 2002.
Since that time Whatcom County continues to experience a rapid development rate. Responding
to the continued lass of agricultural land and of other land types such as forest resource lands and
areas of ecological importance. these program -guidelines have been ujdaled accordingly.
A. Objective
•11--�i}�il#lEE{i7Fl--H�Cti-+•Ytf7E�F-E1H714--1'{i%-�yr{1T�E�Ff}�Fki'f#}liiHC; l 11L' primary objective of the
Whatcom County Purchase of Development Rights Program. in Conjunction with other
tools. is the protection of furrnland. The seconda objective of the POR Pro ram is the
pratection of forestland and areas of c� n[ �ical im vrtartce. 1'he Whatcom Ce n
Purchase of Development Rights Program will whelp to sustain the
farming eRkvpfke-4riand forestry entcrfrrisu5 as w l_I_ as suppprt healthy ecosystem
function throughout Whatcom County.
B. Principles
The PDR Program 41 reside W des a strategic tool to protect ~ieal y reeat d
County farmland, forestland. and areas of ecological •al im11ortance.
ConErilAlFe tq r-he u,._P,1;P_p . E4oil ^Preserve the County's Agricultural
1=RRL4 Ras lands. Forestlands and Areas of Eeolo ic�portance
Encourage the z«ntiafiprotection of a critical mass of agricultural and forestry
land to sustain the farm -related and forestry -related businesses and activities that
are necessary to support the agricultural indust yand forestry industries in
Whatcom County. Additionally the Program will encourage theprotcction nf'
areas of ecological importane'e necessary to sustain ecosystem health and function.
The primary PDR Program emphasis will be:
a. Reduce conversion of land to non-agricultural uses within the Agricultural
District;
b. Provide a buffer to discourage encroachment efinto the Rgrietiltufa-1
cer-eAgricultural District;
�. Retiftiac elewek�pment fx#�rrreal ►ui ++� lte ag�' e0M
C. Consolidate and protect I-argr=areas of agricultural land; and
d. �trir�t-aa-rerhlly im{xtt!'rotecl
agricultural lands located outside the agFie•�!Furi:! et3wAgricultural District
that are under increased pressure ordeve IopmenL.
Revised and adopted, April 9, 2013 Page 2
250
The secondary PDR Program eintahasis will he:
a. Reduce conversion of land to non-fomstry uses within the Forestr
Districts:
b. Provide a buffer to encroachment of the forestry Districts;
U. Consolidate and protect areas of forestry land;
d. Address commercially significant f'nrestry lands outside the F(gestr_v
Districts that are under pressure of development.
C. Prutect areas or ecological importance and support and enhance cc:osystetn
functions_ within agricultural and lbrestry lands;
It. Irnmove.and sunnott habitat connectivity- and protection of critical habitat
corridors
2. Offer Effective Program Design
Maintain a voluntary tool for the preservation of productive agricultural l-arAand
forestry lands, as well -,ts areas of ecological imrwrtancc in the County that will:
a. Provide farmers and foresters with the market based economic value for
agricultural and forestry land without selling the land;
bb. Provide property owners with the market based economic value for areas
of ecological importance without selling the land.
C. Support and promote ongoing agricultural aeNv4and Forestry activities by
offering an attractive option for farmers, foresters, and landowners; aatl
etL 5uppni t and prompte ecnsystern litnction by, of ter"sng an attracti�c op(ion
for landowners; an
e. Provide for ongoing monitoring and enforcement.
Leverage Program Impact and Efficiency
Enhance and support a coordinated approach to the preservation of the agricultural
la-RlAnd forestr;y lands, itswell as areas of ecological importance that will:
a. Create community support for agricultural and forestry preservation
initiatives;
tah. Create cornmunitY su pporl lar the protection of areas oFecologicaI
importance;
c. Complement and foster other County programs and policies to preserve
farming and agricultural lands; and
d. Complement and foster other County programs and policies to prescrve
Forestry and Forestry lands:
C. Complement and Foster other County mograms and pnlieies to enhance
!sMstc:m ftJmc-tion wand Vo_tcct_areas of ecolo-AicaI importance: and
c. Leverage other public and private €afunding sources and provide or
increase property owner incentives and [)Mgram effectiveness.
Revised and adopted, April 9, 2013
Page 3
251
III, ELIGIBILITY CRITERIA
A. Priority Consideration
Areas around the county have been identified to receive priority consideration for PDR
Program participation.
T-rwel+rMy-rieultura1 1)riaritk areas (Apandix A) include a combination of the twelve
initial PDR Target Areas{show.n-in-Appendi*Ayam-prior-it-1 4 mlanc&#Ht:-4lle located
ithin des i,.note d .. ..{E vef &•►n,,-R ea r4-Rt%K4, Ten 114 n....a . WeI'MI fili.R
west t . . e rt h t . ,. d .mil
noFt-heast-try nden.Rural_Study Areas: Walershgj Improvement Distri4t am -as,_ in addition
to (lie lands within the Agriculture Z..one. Preservation of these areas protect designated
agricultural lands and can establish a perimeter of PDR farmlands to protect against
development encroachment into large blocks of agricultural lands.
L'El-k3EeH:i-( t�f�lE�i:..l. !'__.._.1,:.&.. Ten AA:t.. 1 ,..._. s T_.._:4 Ctlst`_.
_ ast Ka_g__......._..___, _._wM::_t--a;-�k- These lands, due to their
soils, land use, and proximity to core agricultural areas, are also -deemed priority
farmlands for program participation-
fItc-mlawl due to their vulnerability for ltf t14 irt}+xe�lert�ly
xjacA - I -_ -1s rttxylt lal�; wl ltlt be gi�el� prioity tl�tt E�4e
selecx�ee;convel:tiian to non-agricultural
Forestry priority are aS (Appendix l3) include lands located within the R�uivil Fon:stry zone
and areas designated by the Washin&ton State 2WAriment of Natural Resources as being
priority for protection lions conversion under Washington's Forest Action Plan.
EcotaideaI 01-iUr1tV areas (Ai)rrc:ndix 0 include lands containing; a manned Habitat
Conservation Area or within 165' of habitat conservation feature. This includes fish
bearing streams._ areas iden ti] ied under the Washington State Department of Fish and
WiIdlife's 11HoritX habitats and SPecics. and the Chtic kanut Wildlife Corridor_
Additionally tlte: mapped I--E:MA FloodpIain and Flood I Iazard areas have been included
in addition to a 300' buffer of the Historic Meander Zone.
PDR Program Eligibility
Two factors will be important in determining eligibility:+
L Availability of funding to expand the program and
Revised and adopted, April 9, 2013 Page 4
252
4-.2.Advancement of PDR Program objectives. Priority {armlandi lands will continue to
receive preference over other �er+r &ntll mds through weighted selection criteria.
All applicants for PDR Program participation must be within an Agriculture, Rural,
Rural Residential, or Rural Forestry zoning rdr-yigrit6ondesigaations. Properties
located in Urban Growth Areas are ineligible to participate in the program, unless
coordination with cities is a comumneni ut':rn ayplication.
A#tplications received on parcels smaller titan la aeres may nut r•chain mq
deveioInnrnt _rights.
Revised and adopted, April 9, 2013
Page 5
253
IV. SITE SELECTION CRITERIA
All valid applications will be reviewed to determine if the acquisition of development rights will
promote the PDR program's goals and priorities. Selection criteria have been developed to guide,
but not control, the review and assessment of eligible properties during selection.
in all seleetion rounds, validValid and accepted offers on eligible properties of greater points
shall be considered for purchase with available funds before properties receiving lower scores.
The criteria, which will be used to evaluate the applications, are outlined below.
Rating instructions: The selection criteria allow for a score of up to 100, with all five criteria
sections assessed. Each criteria section is rated and assigned a point value. Then each section is
assigned a weight factor. The five weight factors add up to 1.0. When total point values for a
section are multiplied by the weight factor, a score will be reached for that section. The total of
the 5 section scores result in the final applicant score. Staff performs the ranking, with review
and adjustment by the PDR Oversight Committee.
Site Evaluation
-1 lie Points For cacti criteria are based on a 100 paint scale. Higher points are given to site
characteristics that are more di,
sirul,l_e such as parcel side, chardcU ristie s that reflect a
site's threat of conversion and characteristics that make a site more desirable to farming,
such as available water rights.
A. Total size; of larccl(s) (nominal acres)
a. 0— 10...................................................................... 0 2oints
b. 10 20.................................................................... 15 points
c. 2049.9. . 30 points
d. 50-79.9. _ . 70 points
e.. >80....... --. - - ......................... 100 points
R— Number o LexislingAm, rlvpn -CRL I-iglUaAl.titei-cel .undcr.ctnMt aonine
a. 1-2 ......................................................................... 20 points
4 hats
c. 4............. ............................................................... 60 point
s
.d. 5. 80 points
e. >/-6. 100 Whits
A,C. _ Adjacent land is conserved by easement or other means {Whatcom Land
Rio 'I'i,ust_IVItCS C:RI:P Program. or owned by a municipalily or N(iO)
a. >1 mile.................................................................... 0 points
b. '/z to 1 mile................................................................ 25 0!� hats
c. % to %z mile ................................................................ 50 points
Revised and adopted, April 9, 2013 Page 6
254
<'/a mile................................................................... 75
c. Adjacent- ................................................................. 100 points
L) _ Perpent o I' parcel acti Vel y. rained
a. 0-25%..................................................................... 25 points
h 26-50% . SO ]paints
_ c. 51-75%. 75 points
_ d. >759'a ... ._..�.. _ 100 ppints
E, N u m ber of IcgttI lots of record
a. 0-2......................................................................... 20-its
b. 3........ --................................................................ 40 pts
c. 4............................................................................ 60..pts
d. 5. Wpm
e. >1= 6. 1.00 Pis
F. Legal water availability documentation
Certified Water Rieht/Access to public water ....................... 100
b.. Water Claim or documented rater use ............................... 50 P—ts
c. No Water documentation or legal water access ..................... 0 pts
G. Proximity to major roads or road intersections
(For prnposes ofIhis evaluation. •'males• roads means roads ► ith a daily+ traffic
►�nlrtnte nf3, f1Dl1 nr +trn►•e tripa. fl list nft•uac�+r ettrre+itlr rneeiinP this tlt'�ttitian is
included as'tlpWndix D to this re xort
a)Property_is_at_an intersect lon_of major roads .................. 100 Points
h1 Property is within 1,500 fectofthe intersection
of two major roads ................................................. 75 Points
0 Property rronts on a major road ................. .50 ["Dints
d) Propgrty is within 2.500 feet of a manor road .................. 25 Points
H. Threat of Conversion/Parcelization
Total Number of Parcels in surrounding; 'A mile
a) Less than 20 parcels .................................................... 50 Points
b 2) 0 - 50 parcels.......................................................... 100 Points
c) 50 -100 parcels ................................................
--,.... 50 Points
d) more than 100 parcels .................................................. 0 Points
Once apoiniyahte far Cite section is determined it is inuIl plied by a 1yeiglat factor to
indicate the intpartarlce (iveixhled factui'fot-Site frahrcrtion section has been 0.35,.-[rtr[-.is
Revised and adopted, April 9, 2013
Page 7
255
1 2. Land Evaluation
Productive farming_loresl•D, and associated activities depend on soil capability (the suitability of
soils for most types of field crops}_and/or timber production). Therefore, emphasis should be
placed on the property's soil characteristics. The scoring system uses the NRCS Prime Farmland
classifications, LESA classifications and APO soils classifications, xtweli a including
classification of soils of statewide importance.. --l4i-,her as well as consideration given to site
index score tar forem soils. 1li_hesest points are assigned to better agricultural soils and lower
points to poorersca — icultural soils. F.oresl soils also receive additional points. Points are
akef assigned based on the productivity and/or characteristics of the soil (profile, texture, slope,
other). A soils chart is included as Appendix FD. If a soil has a site index rating and a prime
soil rating,, the rating with the highest number cd ints will be applied.
Below is a table detailing the soil point system:
SoiIY -
I1'tiC Rxiiii� fan-IPff ,•. ��;„ ,t,,tr„'rtll•
100 90 0
0
95
85
0
0
9.Q
80
0
0
85
75
0
0
so
70
50
0
3 4
{?
01
40
o
Q
0
1 30
Q
20
Farm applications receive points for this section proportional to the percentage of each soil type
that exists on the property. An example of how this would work follows: A farm under review is
40 acres, of which 29.79 acres (about 75%) is soil 179-Whatcom Silt Loam 4-9% slopes, which
is classified as LESA 4, APO Prime 1; and 10.21 acres (about 25%) is soil 180-Whatcom Silt
Loam 9-15% slopes, which is not classified as APO or Prime, but is a soil of Statewide
Importance. This farm would score a total of 76.07 points for this Section, as shown:
A
B
C
D
E
F
F G
H
1
J
K
Soil a
►rea f in
°/0 Mffotal
APO
Prime
I.ESA
WIC
slaters •sde
Site
Points
sure
arrest
area]
Sull
1-.6?
Rating
l;nfing
Snit
Index
(IJFt')
179
29.79
74.48%
Y
Y
4
1
0
2
85
63,30
ISO
10.21
25 53%
N
N
0
0
yes
2
50
12.76
.—a-1 area
40
MMMMMMM76.07
Revised and adopted, April 9, 2013
Page 8
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Land Evaluation section has been 0.3333
but is subject to ongoing review by the Committee).
Ecological Evaluation
x+ff-'.-€a` == =r -- = ` =_, _ MA e -,_ }e-444#er-txaitri"Yen nte
char a rigric6
Site thFeat
j.�.If E On .iOn, d e fiA a-te . that 11IRki"--n-Y'x�`-�it1�•� r�".'. '."�'�.� ee'+�-eki�IH3il�,i
79.9 70pts
.nn
The Washington State Depgrtment of Fcoloav Watershed Cltsttneteri-ration relmyt has
identified recommendations_for addressing,-water-ilow� processes within sub -watersheds.
A. Protection (Overall importance to Water flow rwocesscs3
a. }lighest pngection.................................................................. 100 pis
b. Protection ........................... ........................ ................. I........ 75 M
c. Protection/Restoration.............................................................. 50 pts
.I...--C:onsclvation (no chargel...........................................................
Nka!II'r=-k-..ir't t ..
n. a ftHC�a+tFf�15„��@il I]j kF}Sk'Fli@FTEE4PO4 fne:III.S l%ar�VEI TFU
T'�rltit�tm)
.1 mile W
25 pts
B. Water Flow Restoration - Is properly a"rner willing to restore ecosystem processes
beyond the minimum required practices?
a. Yes.................................................................................._., 50 pts
,._ mil
Revised and adopted, April 9, 2013
Page 9
257
------- a—.b.
Maft(N o.......,.................................................................... 0
23 pts T T
C. Site contains conservation values (viewsheds. wetlands. notable wildlife habitat. other
critical areas)
a. Ye,...
� ; -, en�c `i[� - - c 50 pts -
b. No. .il,_M
n �
60
1"
@TL:S _ts
Once a point value for the section is determined, it is multiplied by a weight factor to
J indicate the importance (weighted factor for WFcsrinncal Evaluation section has been
0.3-311) but is subject to ongoing review by the Committee).
f34. Special Considerations
A. Site contains heritage/historical significance, i.e. [ lerilabe Barn Registry
a.1. Yes—
. .............................................................................. 50 pts
2. No. ..0 Pts
B. B11rgain Sale Onpontinitk below market value
2d. 91%-Full Value...............................................................:
�l NO 0 pts
2. 19—NH 71%-90%
........ ... 33 0s
3. 50%°-70% _ - 66 ats
Revised and adopted, April 9, 2013 Page 10
258
< 50% Full Value...........................................................
C. Removal of all remainin d�pment rights•'?
1. All removed........................................................................... 100 pts
2. Develapment rights remaining ................................................... 0 pis
D. Is 'skated within a priority area
n pts
.a. In priority an 1�..................... _................................................ i t1{) is
b. Not in a priority area............................................................. 0 nts
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Special Considerations Points section has
been 0.03, but is subject to ongoing review by the Committee)-
1. SaleT,ci: v art ket--v& +e
a. 91-Fu Value 0 Pts
S. Matching Funds Secured
1. 100% secured. .... ......... .................. — .......... ...... 100 Pts
2. 75% secured.................................................................. 75 pts
13. --. 50')6 70 66%
secured..................................................... ........... 50 pts
49-6 - le •a
.k.. id j b.. 1" r •
i+ta��t[ rr�1-l�rriu�Fian its k�eFrt� (�9-r4s►-pw,sv�l?jr�i lca
rmgF�ht�f�3�rr�►ti����
bw-fehi es the mt)uftr of pF seFyed and irger--tv-nw-* sFt (4,iitrert-Ffr:
n
} . ��25%
_ _ secured.—... . .......... ... _ 25 pts
5. 0% sec:ured................................................................... opts
25--50'h 50 PCs
Revised and adopted, April 9, 2013
Page 11
259
Once a point value for the section is determined, it is multiplied by a weight factor to
indicate the importance (weighted factor for Bonus Points section has been 0.24 0, but is
subject to ongoing review by the Committee).
6. Final Score
The points for each section are added up and multiplied by a weight factor, which
indicates the importance that is placed on a particular characteristic. The weighted scores
are then added to provide an overall score (0-100). The higher the score, the more
closely the property meets the goals of the program and hence is a higher priority for
purchase and preservation. Properties which score less than 40 (forty) points will not be
recommended for program participation. The PDR 0%rel•sight Committee retains the
ability to add or subIraci up to 5 points on an% appiication. A write-up 01'committec
opinion will he included in all council proceedings.
Revised and adopted, April 9, 2013
Page 12
260
V. OVERVIEW OF PDR PROGRAM PROCEDURES
A. Outreach and Publicity
Step 1: The County shall annually give notice in one newspaper of general circulation in
each area where eligible lands are located which may be acquired. The notice shall
include the properties eligible to participate, the application process and applicable
timeframes and extensions.
The Administrator may identify each property with potential development rights
within priority consideration areas and provide written notification to the property
owners.
B. Application and Ranking
Step 2: Voluntary pre -application screening. Interested property owners may meet with
the County PDR Program Administrator (Administrator) to review their eligibility
and special circumstances, if any.
Step 3: Application. An owner of land eligible for PDR Program participation submits and
application for County acquisition of property or development rights. The
application must be submitted on the form provided by the County. Lot of Record
application must be submitted simultaneously unless determination has already
been completed.
Srer4Stcp 4: Lot of Rec_card/Density_De_t_erminatiun. An owner of land eligible f'Ur PDR
program particination submits a Lot of Record application and signs a Letter of
Intent that states Lhat MLyme:nt for this service must be made upon closing of the:
casement or should the applicant wish to ►vithdlaw their application. This
application determines 1egaIslatus of lots being considered and determines that
number o!'develonment rights remaining on said lots; _PDR 111piguam ap lipp cuL'sc►n
may be submitted simultaneously.
Step 5: The Administrator reviews each application for completeness, determines if the
subject property meets minimum eligibility criteria and assigns a preliminary
score based upon the PDR site selection criteria.
Step 56: The PDR Oversight Committee reviews PDR Program applications and
recommends proposed development rights acquisition utilizing the selection
criteria. Recommendations for development right acquisition are prepared and
forwarded to County Council to approve, deny, or recommend modification.
Step 67: The Administrator estimates the number of appraisals that can be initiated based
on available funds and chooses the top ranked parcels from the County Council's
list of parcels. The property owner is notified in writing of eligibility status.
Revised and adopted, April 9, 2013 Page 13
261
Step 7S: Property owners disputing their ranking may request a reconsideration of their
ranking to the PDR Oversight Committee within 14 days after receiving written
notice. The Committee shall review the reconsideration request at the next
regularly scheduled meeting. Special consideration will be given if applicant
modifies the original offer to include a bargain sale. The PDR Oversight
Committee may, at its discretion, change the site's rank, recommend the site for
subsequent consideration, or deny the request.
C. Title
Step 89: The Administrator initiates a title search. Closing is conditioned on the resolution
of all unapproved title exceptions, within the County's sole discretion, which may
require the receipt of subordination agreements or payoff letter.
D. Pricing Estimate and Appraisal
Step 910: The Administrator or designee irRi c-�Ne4ng-c�i+xe0on-pane ;e
�:fnul.a---SL+It-iF4�f-qwaiser and xlic,i t-ed OR
a rovides preliminary estimate of value, and notifies the property owner of an
estimated range of value within which the appraisal will likely fall. The
Administrator or designee sends the applicant a letter of intent, including range of
expected value. The letter calls for the signature of property owner(s), and spells
out conditions under which costs for further due diligence and the apffffl-sa1lot of
record must be reimbursed to the county if the property owner chooses to
withdraw from the program within a specified period of time.
Step 10: The Administrator or designee proceeds to verify assumptions through official
county processes, such as a formal Lot of Record and density determination, and
conduct other due diligence as necessary (such as water rights research and Title
research and clearing).
Step 11, Unless Council and the Executive specifically authorize an alternate approach to
determine value, the Administrator commissions a full appraisal by a County
authorized appraiser to appraise the development rights value of the land proposed
for development rights sale. The development rights value is the difference
between the market value of full ownership of the land, and the agricultural value.
Step 12- The appraiser submits the completed appraisal (or the alternate determination of
value is conducted and submitted) to the Administrator and the Oversight
Committee for their review.
Step 13: The Administrator or designee meets with the property owner to review the
appraisal (or alternate determination of value), state the offer, review the
conservation easement provisions, agreement terms and conditions, and to answer
the property owner's questions.
Revised and adopted, April 9, 2013
Page 14
262
Step 14: If the property owner believes that the kirm indland has not been adequately
appraised or valued, the owner may, within the time allowed in the schedule,
commission an appraisal at the owner's expense.
E. Offer to Purchase Easement and Agreement
Step 15: A written offer to purchase development rights based on appraised or determined
value is made to the property owner following budget authorization by the County
Council, and approval by the County Executive.
Step 16: Within 30 days, the property owner accepts, rejects or makes a counter offer.
Counter offers will be reviewed and evaluated by the Oversight Committee and
the County's authorized appraiser.
Step 17: Property owners desiring to sell their development rights sign a Purchase and Sale
Agreement.
F. Adjacent Property Owner Notification
Step 18: Neighboring property owners are notified that adjacent land is in the process of
being preserved.
G. Approval
Step 19: Review materials are presented to the County Executive for review and approval,
rejection, or recommendation for modification.
Step 20: Review materials are sent to other participating entities for partially or wholly
funded conservation easements several days prior to any deadline.
Settlement
Step 21: Settlement will occur following County Executive approval of transaction terms
and is contingent upon a title search and any other evidence, such as a land
survey, that may be necessary to establish clear title.
Step 22: Payment will be in full at time of settlement unless the County and property
owner agree to an installment sale.
Step 23: Checks are requested from the Finance Manager and settlement is scheduled
within a week or two of approval. Federal or state money is dispersed according to
federal or state regulation.
J. Recording
Revised and adopted, April 9, 2013
Page 15
Ctl91
Step 24: The conservation easement will be recorded at the County Auditor's office. The
County or its designee will monitor the properties under easement at least
annually to ensure compliance with the easement.
Revised and adopted, April 9, 2013
Page 16
MO i
VI. CONSERVATION EASEMENTS
A. Description
A conservation easement deed is a legally binding document, which is recorded by the
County Auditor, forever restricting the property to agricultural and directly associated
uses, and for which compensation may be paid. As an easement in gross in perpetuity,
restrictions are binding upon the owner and future owners, and run with the land.
B. PDR Program Conservation Easements
At the time of acquisition of development rights from a participating property, a
conservation easement is placed on the property permanently restricting development of
the site and protecting/preserving the agricultural. lZirestry, and ecological values
associated with the site. The conservation easement must be signed by both the property
owner(s) and the County Executive or his/her designee and recorded with the property
records for the property. A model conservation easement deed is included in these
guidelines as attachment D.
Conservation Easement Requirements
Conservation easements shall be on a form approved by the Whatcom County
Prosecuting Attorney and shall meet the following basic requirements:
a. The deed shall be in recordable form and contain an accurate legal
description setting forth the metes and bounds of the Far-mland subject
to the easement;
b. Restriction is granted in favor of Whatcom County, or if designated by the
organizations as defined in RCW64.04.130;
C. Restriction is granted in perpetuity, and shall bind existing and future
property owners; and
d. Unless specifically provided for, nothing in the restrictions shall be
construed to convey to the public a right of access or use of the property,
and the owner of the property, his/her heirs, successors and assigns shall
retain exclusive right to such access or use subject to the terms of the
easement.
2. Filing
After the conservation easement is signed and notarized, it must be recorded with
the Whatcom County Auditor's Office.
C. Conservation Easement Conveyance
Conservation easements may be either donated or sold, or a combination of both.
Revised and adopted, April 9. 2013
Page 17
265
1. Conservation Easement Donation
a. A donation of a total parcel will not be subject to eligibility except as
below in section c. Partial parcel donation shall be considered under the
same rule as for development rights sales. Notwithstanding the eligibility
of the property, acceptance of a fee interest or partial donation is within
the discretion of the County Council.
b. Whatcom County will accept voluntary donations or bequests of
agrieuku development rights as perpetual easements in gross if meeting
eligibility criteria (except priority area criteria) and within the discretion of
the County Council.
C. All properties offered for development rights donation must meet the
following minimum eligibility criteria:
1. The PDR Oversight Committee will consider each offer on a case
by -case basis, considering the property's consistency with current
and future land uses, and
2. The farinrproperty must be at least 4 ae-resI acre in size, and
3. Be in agricultural or forestry use or contain ecological values and
has not been irrevocably devoted to a use inconsistent with
iC{liF�frxii- ci ties, *mriikltF.etmriria"
et7�Mffie e.ffl. an:-:__ !RAN, rm4Lhc_above _values,
-54. Cannot be located within an Urban Growth Area. unless
coordination with the proximal small ci[) is it corn )oncnl of the
donation.
2. Conservation Easement Sale
a. Whatcom County will purchase perpetual conservation easements on
qualified properties in accordance with the policies and procedures of the
Whatcom County Agricultural. Forestry. and Ecological Purchase of
Development Rights Program, with Federal, State, County, and/or private
funds and any combination thereof.
b. All properties offered for conservation easement sale must meet minimum
eligibility criteria as contained in Section III.
Revised and adopted, April 9, 2013
Page 18
C1.1109�
VII. -OPERATIONAL PROCEDURES FOR ACQUIRING PDR
EASEMENTS
A. Outreach and Publicity
Annually, notice shall be published in one newspaper of general circulation. Application
opening and closing dates, if any, will be determined by the PDR Oversight Committee.
The Committee shall have the discretion to consider applications in rounds, or
individually on a rolling basis. if selection deadlines are extended, the committee will
provide public notice of the extension.
B. Application and Ranking
I. Property owner(s) voluntarily submits an application(s) to the County. The
application must be submitted to the County on the form provided by the PDR
Program, and according to the relevant public notice. Applicants are to include at
a minimum:
a. Name(s) and address(es) of the property owner(s) of the site;
b. Legal description and parcel number(s);
C. Copy of the property deed and title;
d. Total acreage of farmland to be included in the PDR Program;
e. Current land use and APO soils;
f. Number of dwelling units;
g. Description of the farming operation;
h. Other information necessary to evaluate property eligibility; and
i. Lot of Record/Density Determination application and payment, or Lot of
Record/Density Determination application and signed Letter of Intent
agreeing to terms of payment at the time of easement closing or upon
withdrawal from program, or completed Lot of Record/Density
Determination; and
j. Acknowledgement of intent to grant to Whatcom County a conservation
easement in a form provided by the County.
The Administrator shall review each application to determine completeness and
eligibility.
3. Applications meeting all minimum eligibility criteria shall be evaluated and
scored by the administrator and Oversight Committee according to the site
selection criteria. (See Section IV)
4. The PDR Oversight Committee shall provide the County Council with
information and scoring of properties recommended for conservation easement
acquisition by the committee. County Council shall approve or deny pursuit of
conservation easement acquisitions on the parcels.
Revised and adopted, April 9, 2013
Page 19
267
5. The Administrator shall then arrange appraisals (or alternate determination of
value) of eligible f inland applicant properties as determined by the County
Council.
6. The PDR Oversight Committee and Administrator shall provide R ann as
u eodates to the County Council discussing recommended purchases,
possible program changes, and anticipated budget needs.
C. Appraisal
I. Appraisals for eligible properties shall be conducted to determine the value of
development rights of parcels in the order of acquisition priority until acquisition
funds are expended.
a. The appraisals are to be made by an independent appraiser qualified to
appraise agricultural, forestry; and/or ecolagietil land for development rights
purchases. An appraiser is deemed qualified if he or she possesses a State of
Washington certification as a State Certified General Real appraiser, MAI
designation by the Appraisal Institute (or equivalent), and at least five years
agricultural lands appraisal experience. Appraisers shall supply a narrative or
UAAR form report, which contains information as required by the Uniform
Standards of Professional Appraisal Practice (USPAP). Uniform Appriasal
Standards of federal Lund Acquisition (LIA51=LA) and as specified in any
contract with the County.
b. An appraisal report is an objective report of market facts. The appraisal report
must estimate both the unrestricted fee market value of the land only,
excluding the value of buildings, and the agricultural value of the land only, of
which the difference is the development rights value.
c. Both values shall be based primarily on an analysis of comparable sales. If
comparable sales data is not available for agricultural lands, the appraiser may
use local farmland rental values or capitalized production values to determine
the agricultural values of the land.
d. A description of the buildings or other improvements shall appear in the
appraisal report; however, the buildings will not be valued and therefore will
not be considered in determining the development rights value.
e. The appraiser shall report whether the subject property has any land use
restrictions, public or private and/or physical attributes, which limit the
developmental capability of the land.
f. The appraiser shall be advised that conservation easements are perpetual. The
perpetual nature of the easement shall take precedent over any agricultural
zoning status.
Revised and adopted, April9, 2013
Page 20
g. The appraisal shall be in writing and may be discussed with the owners prior
to the submission of written offers.
h. If the property owner believes the property has not been adequately appraised,
the owner may, within the time allotted, request that a review appraisal be
made at the owner's expense. This appraisal must be completed in accordance
with the guidelines set forth herein. If the review (owner's) appraisal is not
completed within the allotted time, the application will be delayed for future
committee consideration. If a review appraisal is completed, the appraisals
will be reviewed by the County's Appraiser. The County's Appraiser in
consultation with the Program Administrator and the PDR Oversight
Committee will accept, modify or reject the review appraisal. The
determination of the County's Appraiser is final.
i. The maximum value of development rights purchased by the County shall be
no more than the easement value contained in an appraisal report. The
easement value is the difference between the farmland's value before and after
the voluntary conservation easement.
2. Council and the Executive may specifically authorize an alternate approach to
determine value in accordance with state and local laws, in which case the
conditions of that approach would substitute for the appraisal guidelines as set
forth in C.1., above.
D. Title and Survey Issues
1. The Administrator shall request a title report confirming that applicant is the
owner of the property and has unrestricted legal right to transfer the development
rights (i.e. there must be clear title to transfer the property). The title report will be
provided to the County Attorney for review.
2. All encumbrances (including but not limited to: liens, mortgages and judgments)
against the property must be subordinated, satisfied or removed prior to
development rights acquisition. Mortgage and/or lien holder subordination and
releases may be required acknowledging that a conservation easement will be
placed on the property and subordinating their interest in the property to the deed
restriction.
At settlement for a County or joint development rights purchase, the PDR
Oversight Committee or applicant shall provide a title insurance policy issued by
a title insurance company authorized to conduct business in Washington State by
the Washington State Office of Insurance Commissioner. The cost of such title
insurance shall be a shared cost, with the county's portion considered a cost
incident to the development rights purchase and a reimbursable expense from the
County's Conservation Futures Fund.
4. It is the property owner's responsibility to survey (or provide a legal description
that meets specific standards) any exceptions from the easement and any
Revised and adopted, April 9, 2013 Page 21
269
graveyards or cellular towers that may be located on the property. It is the
property owner's responsibility to provide a legal description for any commercial
operation on the farm that is not incidental to the overall farming operation, in
order to exclude it from the easement. Surveys shall be conducted by a licensed
surveyor in accordance with state and federal regulations.
E. Development Rights Value and Purchase Price
1. The maximum value of development rights purchased by the County shall be no
more than the easement value contained in an appraisal report. The easement
value is the difference between the €aEmlanE�s land's value before and after the
voluntary conservation easement.
Development rights may only be purchased in perpetuity.
F. Recommendation of Development Rights Purchases by the PDR Oversight
Committee
The PDR Oversight Committee, in making recommendations concerning
applications and purchase offers, shall consider the following:
a. Evaluation according to the site selection criteria,
b. Consistency with County Comprehensive-FWZ-(atld-[Wr-a md-Aoet*k-bre
desig-Mit-6* 4—
c. Cost relative to total allocations and appropriations,
d. Proximity to other land subject to egiF, i I R, 1-1 protection easements.
2. Upon receiving the recommendations of the PDR Oversight Committee and the
Administrator, the County Executive shall review the recommendations and shall
take final action to authorize or deny proposed purchase terms and offers,
consistent with authorization by the County Council.
3. If a Fay ro erty is approved for development rights purchase, the Administrator
will meet with the property owner and review the terms, conditions and amount of
the County's offer. A written offer will be provided to the property owner.
Written notice shall also be provided to FwwAa*dland not approved for
development rights purchased ,e c,, � apt +ri.
Revised and adopted, April 9, 2013
Page 22
270
4. Within 30 days of receipt of a written offer from the County an applicant must
indicate in writing which of the following actions they intend to pursue:
a. Accept the offer.
b. Reject the offer.
1. Reject offer outright
a. no further action
b. participate in future review
2. Submit a counter offer within 90 days of written notice of offer by
the County.
C. Failure to notify the County within 30 days shall constitute rejection of the
offer.
5. If the offer is accepted, the Administrator shall prepare a Purchase and Sale
agreement. USDA or State Funds must be paid as lump sum. The method of
payment shall be specified from the options listed below:
a. Lump Sum
b. Installment Purchase Agreement (IPA)
C. Like -Kind Exchange
d. Or a combination of the above
6. For development rights purchase utilizing the Installment Purchase Agreement
(IPA) program, the County Council at settlement shall provide an opinion of legal
counsel that the County's obligations to make installment payments of principal
and tax-exempt interest over time are legal, valid, and binding. And that such
payments are a general obligation of the County for which its full faith, credit, and
taxing power are pledged. Interest paid by the County is exempt from federal
income taxes.
All Agreements of Sale and Conservation Easements require the County
Council's approval.
G. Grant of the Agricultural, Forestry, and/or Ecological Protection
Conservation Easement
Before the purchase of development rights can be finalized, a conservation easement in a
form approved by the County Attorney and consistent with the policies of the PDR
Program Guidelines, must be placed on the property permanently restricting development
of the site and preserving its agricultural. rorestry andlor ccola ical values.
Revised and adopted, April 9, 2013
Page 23
271
The principal interest of the County is to ensure that -a, lands are preserved and
subsequently stewarded in a manner that maintains and enhances their farmland,
forestland. and/or ecological values. There may be some instances where there is a public
interest in another public entity or non-profit organization to hold the conservation
easement, for continued stewardship and protection of the land. The County will
consider:
The preferences of the donor or seller;
Administrative, monitoring, and enforcement issues associated with the
conservation easement and the resources available to address these issues;
3. Requirement of Federal, State or County funding sources utilized to purchase
development rights.
H. Development Rights Purchase Recommendations/Submission Requirements
County Council: Each recommendation for development rights purchases with
County funds, State funds, Federal funds private donor funds or a combination of
funds shall be presented to the County Council at a regularly scheduled public
meeting.
2. Letters of Notification: Letters of notification for development rights purchases
will be sent to adjoining property owners by the Administrator.
„k.,,...., ..1....�.,.3 f._.. nnR !"W_F-kat eho ilie
to ",•« .. •�+•�,• ,•-,-•: R�f3FV�•I•C�l''�cTPirri-n--r•riC-�i}I9-�i-Ei
I IHH'-FA C IE-r7 -Yffit Ci•F-i9t3t-le@- F41FK`-E-e.-tint�-y, the-1'n-ipeFF-y owfie`F1TIUS
notify the adini orr-penod
Revised and adopted, April 9, 2013
Page 24
272
VIIL- CONSERVATION FUTURES FUND
A. Intent
This fund was established in 1992 to be used solely to acquire right and interests in open
space land, farm and agricultural land, and timber land, so as to protect, preserve,
maintain, improve, restore, limit the future use of, or otherwise conserve the property for
public use and enjoyment.
B. Fund Sources
This Conservation Futures Fund is funded by a real property tax applied to all real
property within Whatcom County at a rate determined by the county administration and
county council.
C. Fund Source Accounts
Council shall annually consider an allocation of Conservation Futures Fund to be placed
in a Purchase of Development Rights Account.
D. Installment Payment Fund
1. The intent of installment payment funds, which are established by the County, is
to encumber and invest committed funds for which recipient property owners have
elected annual installment payments for a period, which may vary according to the
wishes of the property owner.
2. The full consideration of any transaction for which installment payments of five
years or less have been elected shall be placed in the fund, less the amount of any
first installment to be paid at settlement. This amount shall be invested and annual
installment payments shall include the interest accrued.
3, Annual installment payments shall be made on or before January 20`h of each
year.
4. A property owner may enter into an Installment Purchase Agreement for fifteen
(15) to thirty (30) years at an interest rate to be negotiated between the property
owner and the County. The property owner will receive semi-annual interest
payments that are tax exempt. Principal will be paid in one lump sum at the end of
term. The property owner will also receive a security representing the Installment
Purchase Agreement. The property owner may sell or assign this Agreement.
Revised and adopted, April 9, 2013
Page 25
273
E. Public Expenditures
I. All public expenditures from the Conservation Futures Fund are subject to
approval by Whatcom County Council and will be made in accordance with
approved disbursement procedures.
2. Expenditures from the PDR Program Account shall be limited to interests in
qualified agricultural, loreslD. and/or ecological land participating in Whatcom
County's Agricultural. Forest . and F:coln ical Purchase of Development Rights
Program, and other expenses necessary to the acquisition of—egAeu4Hml
conservation easements authorized under RCW 84.34.200-.240.
I The annual appropriation to the PDR Program by the County Council shall be
available for the calendar year in which the appropriation was made and or the
subsequent calendar year.
Revised and adopted, April 9, 2013
Page 26
274
APPENDIX A
Pueehase of Deyelopment RightsAgricultural Tarp -et Areas
SxJftRd- T
xrir A
W. I Ty
A Toi� Mile RO
PDR Target Areas
Whatcoin County
-0/1 PVRTa:qeLAf9is
Agnm1h,m. /r '�
Revised and adopted, April 9, 2013
RL
25"
.7
I eep
L
E. Hcmnti Rdr,
U-1
illy INMA
Wfauaai uUtol"Lls
filmmmberMS
N
Page27
275
APPENDIX B
Forestry Priority Areas
r � •
Y LT1ail
] ✓��lu
131LejM FWr,
i
• ' r ".'mow
��I � � � 1'
�.R' i�
n•
l
�� � �
,�j
wuiew vu.r
Whatcom Count
-Rural Study Areas and Agricultural Zone'"
'�
0 01515 ] 45 6
Revised and adopted. April 9, 2013 Page 28
wlos�
APPENDIX C
Ecological Priority Areas
Revised and adopted, XX, 2018
Page 1
277
APPENDIX D
Major Roads
Revised and adopted, XX, 2018
Page 2
.*]
APPENDIX E
Soils List
Sail #
Soil Name
APO
y/n
LESA
Group
PRIME
STATEWIDE
IMPORTANCE
Site
Index
I
ANDIC CRYOCHREPTS - 60 TO 90% SLOPES
N
0
0
2
ANDIC CRYOCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
3 I
ANDIC XEROCHREPTS - 60 TO 90% SLOPES
N
0
0
3
4
ANDIC XEROCHREPTS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
O
1 0
3
5
ANDIC XEROCHREPTS-COOL ROCK OUTCROP COMPLEX-60 TO 90% SLOPES
N
0
0
4
t�
6 I
BARNESTON GRAVELLY LOAM - 0 TO 8% SLOPES
N
0
0
2
7
BARNESTON VERY GRAVELLY LOAM - 8 TO 15% SLOPES
N
0
0
2
8
BARNESTON VERY GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
2
9
BARNESTON VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
l0
BARNHARDT GRAVELLY LOAM - 0 TO 5% SLOPES
N
4
4
3
11
BELLINGHAM SILTY CLAY LOAM - 0 TO 2% SLOPES
N
0
2
12
BIRCHBAY SILT LOAM - 0 TO 3% SLOPES
Y
1
1
3
13
BIRCHIAY SILT LOAM - 3 TO 8% SLOPES
Y
1
1
3
14
BIRCHBAY SILT LOAM - 8'PO I5°/ SLOPES
N
0
0
yes
3
15 I
BLAINEGATESILTY CLAY -0TOI%SLOPES
N
0
0
16
BLAINEGATE-URBAN LAND COMPLEX - 0 TO 1% SLOPES
N
0
0
17
BLETHEN GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
yes
3
1B
BLETHEN GRAVELLY LOAM - 15 T030%SLOPES
N
0
0
yes
3
19
BLETHEN GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
1 0
3
20
BLETHEN VERY BOULDERY LOAM - 5 TO 40% SLOPES
N
0
0
_
3
21
BOROSAPRISTS - 0 TO 2% SLOPES
N
0
0
22
BRISCOT SILT LOAM DRAINED - 0 TO 2% SLOPES
Y
3
5
23
BRISCOT ORIDIA AND SUMAS SOILS - 0 TO 2% SLOPES
N
0
5
24
CHUCKANUT LOAM - 3 TO 8% SLOPES
N
0
l
25
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 5 TO 15% SLOPES
N
0
0
yes
2
26
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 15 TO 30% SLOPES
N
0
0
yes
2
27
CHUCKANUT LOAM -BEDROCK SUBSTRATUM - 30 TO 60% SLOPES
N
0
0
2
28
CHUCKANUT-SHALCAR COMPLEX - 0 TO 15% SLOPES
N
0
0
yes
2
29 I
CHUCKANUT-URBAN LAND COMPLEX - 5 TO 20% SLOPES
N
0
0
2
30
CLENDENEN GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
_
31
CLIPPER SILT LOAM -DRAINED - 0 TO 2% SLOPES
y
2
2
32
COMAR SILT LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
33
COMAR SILT LOAM - 15 TO 30% SLOPES
N
0
0
yes
2
34
COMAR SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
35
CRINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
_
36
CUPPLES GRAVELLY LOAM - 5 TO 30% SLOPES
N
0
0
2
37
CUPPLES GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
38
DEKAPEN LOAM - 8 TO 25% SLOPES
N
0
0
3
39
DEMING GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
40
DEMING GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
t�
41 t
1310BSUD GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
42
EDFRO VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
43
EDFRO VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
Revised and adopted, XX, 2018
Page 3
279
44
EDFRO VERY STONY SILT LOAM - 30 TO 60% SLOPES
N
0
0
45
EDMONDS-WOODLYN LOAMS - DRAINED - 0 TO 2% SLOPES
Y
3
3
46
ELIZA SILT LOAM - DRAINED - 0 TO I % SLOPES
N
'0
0
47
ELIZA-TACOMA SILT LOAMS-0TO I%SLOPES
N
0
0
48
EVERETT GRAVELLY SANDY LOAM -HARD SUBSTRATUM - 2 TO 8% SLOPES
N
0
0
3
49
EVERETT VERY GRAVELLY SANDY LOAM-8 TO 15%SLOPES
N
0
0
3
50
EVERETT VERY GRAVELLY SANDY LOAM - 15 TO 35% SLOPES
N
0
0
3
51
EVERETT COMPLEX - 2 TO 8% SLOPES
N
0
0
3
52
EVERETT-URBAN LAND COMPLEX - 5 TO 20% SLOPES
N
0
0
3
53
EVERSON SILT LOAM -DRAINED - 0 TO 2% SLOPES
N
2
2
54
FISHTRAP MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
55
GALLUP SILT LOAM - 30 TO 60% SLOPES
N
0
1 0
56
GALLUP SILT LOAM - 60 TO 80%
N
0
0
57
GALLUP SILT LOAM -COLD - 30 TO 60% SLOPES
N
0
0
58 I
GALLUP SILT LOAM -COLD - 60 TO SO% SLOPES
N
0
0
59 I
GETCHELL LOAM - 3 TO 30% SLOPES
N
0
0
60
GETCHELL LOAM - 30 TO 60% SLOPES
N
0
0
61 I
HALE SILT LOAM -OTO 2% SLOPES
N
0
2
4
62 f
HALE SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
2
2
4
63
HALLENTON SILT LOAM -DRAINED - 0 TO 1%SLOPES
N
0
2
64
HANNEGAN VERY GRAVELLY LOAM- 15 TO 40%SLOPES
N
0
0
_
65
HARTNIT SILT LOAM -COLD - 5 TO 30% SLOPES
N
0
0
_
66
HARTNIT SILT LOAM -COLD - 30 TO 60% SLOPES
N
0
0
67
HARTNIT-GALLUP-ROCK OUTCROP COMPLEX - 50 TO 80% SLOPES
N
0
0
68
HEISLER VERY GRAVELLY SILT LOAM - 8 TO 30%
N
0
0
2
69
HEISLER VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
70
HINKER VERY CHANNERY SILT LOAM - 5 TO 30% SLOPES
N
0
0
71
LINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
72
HISTOSOLS-PONDED-0TO I%SLOPES
N
0
0
73
HOVDE SILT LOAM - 0 TO 2% SLOPES
N
0
0
74
HOZOMEEN GRAVELLY LOAM -20 TO 45%SLOPES
N
0
0
75
HYDRA UENTS-TITAL - 0 TO 1 % SLOPES
N
0
0
76
JACKMAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
77
JORGENSEN GRAVELLY SILT LOAM - 3 TO 15% SLOPES
N
0
0
78
JUG VERY GRAVELLY LOAM - 3 TO 15%SLOPES
N
0
0
2
79
KICKERVILLE SILT LOAM - 0 TO 3% SLOPES
Y
1
1
2
80
KICKERVILLE SILT LOAM -3 TO 8% SLOPES
Y
1
1
2
81
KICKERVILLE SILT LOAM -8TO 15%SLOPES
N
0
0
yes
2
82
KICKERVILLE-URBAN LAND COMPLEX -OTO 3%SLOPES
N
0
0
2
83
KINDY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
4
84
KINDY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
4
85
KINDY-OSO COMPLEX - 5 TO 40% SLOPES
N
0
0
86
KLAWATTI VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
87
KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-]0 TO 30% SLOPES
N
0
0
88
KLAWATTI V. GRAVELLY SANDY LOAM-SERPENTINE-10 TO 30% SLOPES
N
0
0
89
KLAWATTI-ROCK OUTCROP COMPLEX - 60 TO 80% SLOPES
N
0
0
90
KLINE GRAVELLY SANDY LOAM - 2 TO 8% SLOPES
N
0
0
3
f�
91
KULSHAN LOAM - 5 TO 30% SLOPES
N
0
0
92
KILSHAN LOAM - 30 TO 60% SLOPES
N
0
0
93
LABOUNTY SILT LOAM - 0 TO 2% SLOPES
N
4
2
Revised and adopted, XX, 2018
Page 4
94 I
LABOUNTY SILT LOAM -DRAINED - 0 TO 2% SLOPES
N
0
2
95
LARUSH SILT LOAM -0TO 3% SLOPES
Y
3
3
2
96 I
LAXTON LOAM - 0 TO 30% SLOPES
Y
1
1
2
97 I
LAXTON LOAM - 3 TO 8% SLOPES
Y
1
1
2
98
LAXTON LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
99
LYNDEN SANDY LOAM
Y
1
4
3
100
LYNDEN SANDY LOAM -3 TO7%SLOPES
Y
1
4
3
101
LYNDEN-URBAN LAND COMPLEX - 0 TO 5% SLOPES
N
0
0
3
102 I
LYNNWOOD SANDY LOAM - 0 TO 5% SLOPES
N
0
0
3
103
LYNNWOOD SANDY LOAM - 5 TO 20% SLOPES
N
0
0
yes
3
104
MONTBORNE GRAVELLY LOAM - 5 TO 30% SLOPES
N
O
1 0
3
105
MONTBORNE GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
3
106
MONTBORNE-RINKER COMPLEX-30 TO 60% SLOPES
N
0
0
3
107
MT. VERNON FINE SANDY LOAM - 0 TO 2% SLOPES
Y
2
3
2
108
NATI LOAM - 5 TO 15% SLOPES
N
0
0
yes
2
109
NATO LOAM = 15 TO 30% SLOPES
N
0
0
yes
2
Il0
NAT[ LOAM - 30 TO 60% SLOPES
N
0
0
3
III
NEPTUNE VERY GRAVELLY SANDY LOAM- 0 TO 3% SLOPES
N
0
0
3
112
OAKES VERY GRAVELLY LOAM - 8 TO 30% SLOPES
N
0
0
_
2
113
OAKES VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
114
OAKES VERY GRAVELLY LOAM -60TO80%SLOPES
N
0
0
4
[IS I
ORIDIASILT LOAM -DRAINED -0TO2%SLOPES
Y
3
5
116
PANGBORN MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
117
PICKETT-ROCK OUTCROP COMPLEX - 5 TO 30% SLOPES
N
0
0
4
T�
1 M !
PICKETT-ROCK OUTCROP COMPLEX - 30 TO 60% SLOPES
N
0
1 0
4
I l9
PILCHUCK LOAMY FINE SAND - 0 TO 3% SLOPES
N
0
0
3
120
PITS
N
0
0
121
POTCHUB LOAM - 8 TO 30% SLOPES
N
0
0
122
POTCHUB LOAM - 30 TO 60% SLOPES
N
0
0
123
PUGET SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
124 I
PUYALLUPFINE SANDY LOAM -0TO2%SLOPES
Y
2
3
2
125 I
REVEL LOAM -5TO 30% SLOPES
N
0
0
4
426 I
REVEL LOAM-30 TO 60% SLOPES
N
0
0
4
127 I
REVEL -WELCOME -ROCK OUTCROP COMPLEX -30TO60%SLOPES
N
0
0
4
128
RINKER VERY CHANNERY SILT LOAM - 8 TO 30% SLOPES
N
0
0
_
3
II
129 {
RINKER VERY CHANNERY SILT LOAM - 30 TO 60% SLOPES
N
0
0
3
130 I
R[VERWASH
N
0
0
131
ROCKOUTCROP
N
0
0
132 I
ROCK OUTCROP-KULSHAN COMPLEX - 60 TO 90% SLOPES
N
0
0
133 I
RUBBLE LAND
N
0
0
134 I
SAAR GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
135 I
SAAR GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
136
SAAR-HARTNIT COMPLEX - 5 TO 40% SLOPES
N
0
0
137 I
SANDUN VERY GRAVELLY SANDY LOAM - 5 TO 30% SLOPES
N
0
0
138
SANDUN VERY GRAVELLY SANDY LOAM - 30 TO 60% SLOPES
N
0
0
139 1
SEHOME LOAM - 2 TO 8% SLOPES
Y
0
1
2
140
SEHOME LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
141
SEHOME GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
yes
2
142 I
SEHOME GRAVELLY LOAM -30TO60%SLOPES
N
0
0
2
143
SHALCAR MUCK -DRAINED - 0 TO 2% SLOPES
Y
3
2
Revised and adopted, XX, 2018
Page 5
281
144 I
SHALCAR AND FISHTRAP SOILS - 0 TO 2% SLOPES
N
0
2
145 I
SHUKSAN GRAVELLY SILT LOAM - 5 TO 30% SLOPES
N
0
0
146 I
SHUKSAN GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
147 I
SHUKSAN-KULSHAN-ROCK OUTCROP COMPLEX -50 TO 80%SLOPES
N
0
0
148 I
SKLPOPA SILT LOAM - 0 TO 8% SLOPES
Y
0
1
3
149 I
SKIPOPA-BLAINEGATE COMPLEX - 0 TO 8% SLOPES
N
0
0
3
150 I
SKYKOMISH VERY GRAVELLY LOAM - 3 TO 30% SLOPES
N
0
0
_
3
151 I
SNOHOMISH SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
152 I
SNO UALMIE GRAVELLY LOAMY SAND - 0 TO 3% SLOPES
N
0
0
3
153 I
SORENSEN VERY GRAVELLY SILT LOAM - 8 TO 30% SLOPES
N
0
0
2
154 f
SORENSEN VERY GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
155
SPRINGSTEEN VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
156
S UALICUM GRAVELLY LOAM -5TO15%SLOPES
N
0
0
yes
2
157
S UALICUM GRAVELLY LOAM -I5 TO 30% SLOPES
N
0
0
yes
2
158 I
S UALICUM GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
159 I
SQUALICUM-URBAN LAND COMPLEX - 5 ATO 20% SLOPES
N
0
0
2
160 I
SQUIRES VERY CHANNERY LOAM - 5 TO 30% SLOPES
N
0
0
2
161
SQUIRES VERY CHANNERY LOAM - 30 TO 60% SLOPES
N
0
0
2
162 I
SUMAS SILT LOAM -DRAINED - 0 TO 2% SLOPES
Y
3
5
163 I
TACOMA SILT LOAM - 0 TO 1 % SLOPES
N
0
0
164 I
TACOMA SILT LOAM -DRAINED - 0 TO 1% SLOPES
N
0
0
l65 I
TROMP LOAM -OTO 2% SLOPES
Y
1
1
3
166 I
TWINSI VERY GRAVELLY LOAM-30 TO 60% SLOPES
N
0
0
167 I
TWINSI VERY STONY LOAM - 30 TO 60% SLOPES
N
0
0
168 I
TYPIC CRYORTHODS - 60 TO 90% SLOPES
N
0
0
169 I
TYPIC CRYORTHODS-ROCK OUTCROP COMPLEX - 60 TO 90% SLOPES
N
0
0
170
TYPIC PSAMMA UENTS-TIDAL-0TO I%SLOPES
N
0
0
171 I
URBAN LAND
N
0
0
172 I
URBAN LAN D-WHATCOM-LABOUNTY COMPLEX-OTO S%SLOPES
N
0
0
2
173 I
VANZANDT VERY GRAVELLY LOAM - 5 TO 15% SLOPES
N
0
0
2
174
VANZANDT VERY GRAVELLY LOAM - 15 TO 30% SLOPES
N
0
0
2
175 I
VANZANDT VERY GRAVELLY LOAM - 30 TO 60% SLOPES
N
0
0
2
176 I
WELCOME LOAM - 5 TO 30% SLOPES
N
0
0
3
177 I
WELCOME LOAM - 30 TO 60% SLOPES
N
0
0
3
178 I
WHATCOM SILT LOAM - 0 TO 3% SLOPES
Y
2
1
2
179 I
WHATCOM SILT LOAM - 3 TO S% SLOPES
Y
4
1
2
180
WHATCOM SILT LOAM - 8 TO 15% SLOPES
N
0
0
yes
2
181 I
WHATCOM SILT LOAM - 30 TO 60% SLOPES
N
0
0
2
182 I
W HATCOM-LABOUNTY SILT LOAMS - 0 TO 8% SLOPES
N
4
2
2
183 I
WHATCOM-LABOUNTYSILT LOAMS-OTO15%SLOPES
N
0 1
0
2
184
W HITEHORN WILT LOAM - 0 TO 2% SLOPES
Y
3
2
185 I
WICKERSHAM CHANNERY SILT LOAM - 0 TO 8% SLOPES
N
Y
4
4
2
186
WINSTON SILT LOAM - 0 TO 3% SLOPES
0
1
2
187
WINSTON LOAM - 3 TO 15% SLOPES
N
0
0
yes
2
188
WINSTON LOAM - 15 TO 40% SLOPES
N
0
0
yes
2
189
WISEMAN VERY CHANNERY SAND LOAM -OTO 8% SLOPES
N
0
0
3
190 I
WOLLARD GRAVELLY SILT LOAM - 30 TO 60% SLOPES
N
0
0
191
YELM LOAM - 3 TO 8% SLOPES
Y
1
1
2
192
YELM-URBAN LAND COMPLEX - 0 TO 3% SLOPES
N
0
0
2
Revised and adopted, XX, 2018
Page 6
U.0m
APPENDIX DF
Model Conservation Easement Deed
A sample Conservation Easement Teed based on the assumption of matching funds From the
USDA-NRCS r^:.,�._;Md nM•••h La! Wk Pitot • -60RAPricuItural Conservation Fa> cment Program,
is included in the following pages,
Revised and adopted, XX, 2018
Page 7
+U:3C?
PURCHASE OF DEVELOPMENT RIGHTS PROGRAM
Revised and adopted, XX, 2018
Page 8
N-O i
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2018-236
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
2-11 J
j
8/8/18
Intro
09111118
Finance Comm;
Division Head.
J U L 3 1 2$118
Council
Dept, Head.,
Prosecutor:
Purchasing/Budget:
COUNCIL
Executive: -q)
TITLE OFDOCtWT.•2018 Supplemental Budget Request #10
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
must provide the language for use in the required public notice. Be specific and cite RCWor WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #10 requests funding from the General Fund.
1. To appropriate $30, 000 in Assessor to fund valuation defense consultant services.
2. To appropriate $13,330 in Health to fund immunization program from Group Health Foundation grant proceeds.
3. To appropriate $45,100 in Non -Departmental to fund What -Comm E911 operations grant program.
From the Solid Waste Fund
4. To appropriate $89,8 74 in Health to fund solid waste enforcement program from grant proceeds.
5. To appropriate $138,035 in Health to fund increased maintenance activities at solid waste facilities.
From the Real Estate Excise Fund I
6. To appropriate $115,000 to provide additional funding for EKRRC expansion project.
From the Real Estate Excise Fund H
7. To appropriate $54, 000 to fund transfer for Lighthouse Marine Park playground project.
COMMITTEE ACTION:
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
285
PROPOSED BY: Executive
INTRODUCTION DATE: 08/08/18
ORDINANCE NO.
AMENDMENT NO. 10 OF THE 2018 BUDGET
WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and,
WHEREAS, changing circumstances require modifications to the approved 2017-2018
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 2017-2018
Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following
additional amounts to the 2018 budget included therein:
Fund
Expenditures
Revenues
Net Effect
General Fund
Assessor
30,000
-
30,000
Health
13,330
(16,000)
(2,670)
Non -Departmental
45,100
(45,100)
-
Total General Fund
88,430
(61,100)
27,330
Solid Waste Fund - Health
227,909
(89,874)
138,035
Real Estate Excise Tax Fund 1
115,000
-
115,000
Real Estate Excise Tax Fund II
54,000
-
54,000
Total Supplemental
485,339
(150,97!)
1 334,365
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FOR
Civ' rosecutor
2018.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
C:\Users\skorthui\AppData\Local\Microsoft\Windows\Temporary Internet
Files\Content.Outlook\Q46TVK17\Supplementa1 #10-2018.docx
WHATCOM COUNTY
Summary of the 2018 Supplemental Bud et Ordinance No. 10
Net Effect to Fund
Increased (Decreased)
(Increased) Decreased
Balance (Increase)
Department/Fund
Description
Expenditure
Revenue
Decrease
General Fund
Assessor
To fund valuation defense consultant
30,000
30,000
services.
Health
To fund immunization program from Group
13.330
(16,000)
(2,670)
Health Foundation grant proceeds.
Non -Departmental
To fund What -Comm E911 operations
45,100
(45,100)
grant program.
Total General Fund
88,430
(61,100)
27,330
Solid Waste Fund
Health
To fund solid waste enforcement program
89,874
(89,874)
from grant proceeds.
Health
To fund increased maintenance activities
138,035
138,035
at solid waste facilities.
Total Solid Waste Fund
227,909
(89,874)
138,035
To provide additional funding for EWRRC
115,000
115,000
Real Estate Excise Tax Fund I
expansion project.
To fund transfer for Lighthouse Marine
54,000
54,000
Real Estate Excise Tax Fund II
Park playground project.
Total Supplemental
485,339
(150,974)
334,365
287
Supplemental Budget Request Status: Pending
Assessor
Supp'l to tk 2625 Fund 1 Cost Center 300 Originator. Keith Willnauer
Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: ADDITIONAL PROFESSIONAL SERVICES - NEW CONSULTANT
X
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
6630 Professional Services $30,000
Request Total $30,000
-------
Ia. Description of request:
Provide Valuation and Valuation Defense consultant services to the Assessor's Office appeal defense for
BTA Docket Numbers 2017-004, 2018-003 and 2018-004, Patrogas West, LLC., and Petrogas Pacific,
LLC.
1b. Primary customers:
The Assessor's Office representing property tax payers and Taxing Districts
2. Problem to be solved.
The issues associated with valuation of industrial facilities are complex and valuation in dispute is
substantial.
3a. Options /Advantages:
Attempts to reconcile differences between the parties and reach stipulation agreement have been
unsuccesful.
3b. Cost savings:
4a. Outcomes:
A Successful defense will set valuations currently in controversy and esablish precedent to proceed with
future valuation considerations.
4b. Measures:
Withdrawal of the appeals, (one has been withrawn already), or hearing and decisions on the matters.
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:
General Fund, Successful establishment of valuations above contested amounts will result in
supplemented payment of back taxes with a 9% penalty for the back tax amounts accruing directly to
reimburse the general fund.
The current contract 201705022 will be reduced with an anticipated 20,000+ unexpended fund balance.
Wednesday, July 25, 2018 Rpt: Rpt Supp! Regular
. •1
Supplemental Budget Request status: Pending
Health Communicable Disease & Epidemiology
Fund 1 Cost Center 627216 Originator. Patty Proctor
Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Group Health Momentum Grant Phase 11
X
Departmen Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
4367.1000 Donations ($16,000)
6320 Office & Op Supplies $13,330
Request Total ($2,670)
Ia. Description of request:
Group Health Foundation Grant will be utilized to promote disease prevention and immunizations in
Whatcom County. The Immunization program was awarded funds to:
1.Focus on immunization schedule awareness for new parents by providing an immunization schedule in
a clear plastic "luggage tag "cover that can be attached to a diaper bag.
2. Provide educational material and encourage influenza vaccinations, send home influenza prevention
kits and parent packs with children at six local area elementary schools (2200 children) and distribute to
additional departments/agencies servicing preschool ages (0-5) i.e. WIC and childcare programs.
3.Coach four Whatcom County dental offices to access the state online immunization registry (WAITS) at
the time of their clients' appointments. The offices will print and provide each client their individualized
immunization schedule identifying immunizations that are due. Clients will also be given a small gift such
as bookmark, lip balm, pens with an imprinted immunization reminder along with the printout.
ab. Primary customers:
Whatcom County children age 0-18 and their parents/guardians.
2. Problem to be solved.,
The county has had lower immunization rates than the state average, and has experienced above
average rates of measles, mumps and pertussis.
3a. Options / Advantages:
These low-cost evidence based strategies are able to be implemented initially as pilots with potentially
renewable grant funding. This will allow the program staff to review outcomes and determine if the
interventions are effective prior to expanding.
3b. Cost savings:
Undetermined, intended results include decreased time out of school for children and decreased sick
leave use by parents.
4a. Outcomes:
Improved immunization rates for Whatcom County children age 0-18, decreased sick days reported by
participating schools, participation in pilot by 4 local dental offices.
4b. Measures:
2019 program performance measures
5a. Other Departments/Agencies:
Local dentists, elementary schools, birthing centers, WIC programs and childcares, primary care provider
offices, Nurse Family Partnership
Monday, July 23, 2018 Rpt: Rpt Suppl Regular
Supplemental Budget Request
Status: Pending
Health Communicable Disease & Epidemiology
Fund 1 Cost Center 627216 Originator: Patty Proctor
6b. Name the person in charge of implementation and what they are responsible for:
Cindy Hollingsworth, Communicable Disease Manager, will ensure implementation of the grant
components as outlined in the grant proposal.
6. Funding Source:
Group Health Foundation Community Grant.
Monday, July 23, 2018
290
Rpt: Rpt Suppl Regular
WHATCOM COUNTY ��aM coG
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082 �SH1NG�o
To: Whatcom County Executive Jack Louws and
Whatcom County Council Members
From: Suzanne Mildner, Grant Coordinator
Jack Louws
County Executive
Subject: Supplemental Budget Request for E911 funding (Pass through Grant to
What -Comm)
Date: July 20, 2018
The County is in the process of entering into a subrecipient agreement with the City of
Bellingham to facilitate a pass -through grant from The Washington State Military
Department. The grant funding is for FY2018-19 Emergency 911 operational expenses
for What -Comm Communications.
The grant contract period is July 2018 through August 2019, for a total of $45,100. The
execution of the Subrecipient Agreement will be contingent upon your approval of this
budget authority. Accordingly, we are requesting approval for supplemental funding in
the amount of $45,100 to support 911 operations at What -Comm Communications.
Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 291
Supplemental Budget Request Status: Pending
Executive
Supo'!;c 9 26.30 Fund 1 Cost Center 4287 Originator. Suzanne Mildner
Expenditure Type: One -Time Year 2 2018 Add'I FTE El Add'1 Space ❑ Priority 1
Name of Request. What -Comm E911 Operations 2018-19 1
Department Hea Signature (Rewired on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
4334.0182 State Enhanced 911 Funds ($45,100)
7220 Inter ov Subsidies $45,100
Request Total
$0
1a. Description of request.
This request is for the annual state -funded pass -through grant from the Washington State Military
Department to reimburse the What -Comm Communications Center for eligible operating expenditures
under WAC 118-66-050 (elgible professional development and operational expenses)
1b. primary customers:
City of Bellingham, What -Comm Communications Center
2. Problem to be solved:
What -Comm is able to access this State Military Department funding by way of pass -through from the
local county government. A subrecipient agreement will be signed with City of Bellingham.
3a. Options /Advantages:
The intergovernmental grant agreement is a vehicle for accessing this fund source. The acceptance of
these grant funds ultimately reduces the cost to the community for 911 services.
3b. Cost savings:
N/A
4a. Outcomes:
911 services cost reductions for our community due to state subsidies
4b. Measures:
N/A
5a. Other Departments/Agencies:
City of Bellingham, What -Comm Communications
5b. Name the person in charge of implementation and what they are responsible for:
Greg Erickson, E911 Coordinator
6. Funding Source:
Washington State Military Department
Friday, July 20, 2018
Rpt: Rpt Supp! Regular
292
Supplemental Budget Request status: Pending
Health Solid Waste
Fund 140 Cost Center 140304 Originator: Patty Proctor
Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'1 Space ❑ Priority 1
Name of Request: Dept of Ecology LFSWA Grant Enforcement
x
Departm t Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
4334.0314 Solid Waste ($89,874)
6190 Direct Billing Rate $74,876
8351 Operating Transfer Out $14,998
Request Total $0
1a. Description of request:
The Department of Ecology has awarded funding for the solid waste enforcement program. Grant funding
provides for the investigation and enforcement of solid waste illegal dumping.
1;b. ,Primary customers:
Whatcom County Residents
2. Problem to ,be solved:
As per WAC 173-350 and WCC 24.06 the Health Department is the jurisdictional authority for enforcing
compliance with solid waste handling standards. The grant funding increases local capacity to address
illegal dumping.
3a. Options !Advantages:
The grant helps cover some of the cost for enforcement.
3b. Cost savings:
Without grant funds the solid waste fund must cover the cost. The 2018 portion of the grant is $89,874.
4a. Outcomes:
Mitigation of public health nuisances that result from improper and illegal solid waste handling.
4b. measures:
Number of solid waste complaints received and resolved.
3a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
Department of Ecology, LFSWA grant. Includes indirect of 20.03%
Monday, July 23, 2018 Rpt: Rpt Suppl Regular
293
Supplemental Budget Request status: Pending
Health Solid Waste
k Fund 140 Cost Center 140100 Originator: Patty Proctor
Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Solid Waste Adjustments for maintenance
7/d-3 / IV
XDepai Int Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description
6510 Tools & Equip
7060 Repairs & Maintenance
8351 Operating Transfer Out
Amount Requested
$20,000
$95,000
,$23,035
Request Total $138,035
1a. Description of request:
Maintenance on solid waste facilities has been deferred for several year. Now that the addition revenue
from the excise tax on self -haulers has started, we are requesting funding for the following:
1. Repair & maintenance at the Disposal of Toxics facility by the airport $5,000
2. Repair and maintenance to the closed landfills. $15,000
3. Repair, maintenance of equipment aft the Point Roberts facility $75,000
4. Needed tools and equipment for program use. $20,000
This request was reviewed and approved by the Solid Waste Executive Committee at their 7/17/18
meeting.
1b. Primary customers:
Residents of Whatcom County
2. Problem to be solved.:
The Health Department took over the Solid Waste fund in 2015. Since that time, the program has
expanded services (tire amnesty, Sustainable Connections waste audits for business, etc.). The existing
facilities have had minor repairs but as grant funds were reduced less maintenance was feasible using
existing funding. With the addition of the excise tax on self -haulers, funding is available to address some
of the deferred maintenances issues.
3a. Options /Advantages:
The use of the funding to improve facilities will extend the life of the facilities and make them safer for the
county residents using them.
3b. Cost savings:
Unknown
4a. Outcomes:
Solid Waste facilities will be better maintained and be safer for the county residents using them.
4;b. Measures:
Repairs at solid waste facilities will be completed.
5a. Other Departments/Agencies:
None
Monday, July 23, 2018 Rpt: Rpt Suppl Regular
294
Supplemental (Budget Request Status: Pending
Health Solid Waste
6: Fund 140 Cost Center 140100 Originator: Patty Proctor
5b. Name the ,person in charge of implementation and what they are responsible for:
6. Funding Source:
The funding source for this request is the Solid Waste excise tax. On supplemental number 2379, the
solid waste excise tax was increased to reflect the additional revenue anticipated by the self -haul excise
tax. At that time of approval the unallocated revenue was $414,961. This request would use $138,035
leaving approximately $279,926 to increase the fund balance in the Solid Waste Fund.
Monday, July 23, 2018 Rpt: Rpt Suppl Regular
295
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108
Bellingham, WA 98225-4082
MEMO.
TO: Whatcom County Council
DATE: July 18, 2018
FROM: Tyler Schroeder, Deputy Executive
Jack Louws
County Executive
RE: East Whatcom Regional Resource Center Expansion Project
Background and Purpose:
In 2016 the Opportunity Council secured a $750,000 Community Development Block
Grant to add a food bank distribution center and space for multi -use programming to the
East Whatcom Regional Resource Center. Due to revised construction estimates the
project costs have increased.
On June 24, 2018 the County Council approved Resolution 2018-025 to allow for an
increased contribution of $115,000 for a total REET I contribution of $415,000 to the
project contingent upon the inclusion of the project on the 2018 CEDS Project list as
approved though Resolution 2018-_
Funding Amount and Source:
The Fund Source is the REET I Fund in the amount of $115,000 for a total of $415,000.
296 Office (360) 778-5200 FAX (360) 778-5201 TRS: 711
Supplemental Budget Request Stags: Pending
Non -Departmental
supp9 iD .# 2623 Fund 326 Cost Center 32600 Originator: Tawni Helms
Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Trf to fund EINRRC Expansion Project
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description
Amount Requested
8351 Operating Transfer Out $115,000
Request Total $115,000
1a. Description of request:
In 2016, the Opportunity Council secured a $750,000 Community Development Block Grant and other
funding to add a food bank distribution center and space for multi -use programming to the East Whatcom
Regional Resource Center. Council also approved a $300,000 REET contribution for the project at that
time. Due to revised construction estimates the project costs increased. On July 10, 2018 Council
approved Resolution 2018-025 to increase the funding contribution by $115,000 to bring total BEET I
contributions for the project to $415,000. Additional revenue sources will bring the total project funding to
over $2 million.
1b. Primary customers:
Low and moderate income residents of east Whatcom County.
2. Problem to be solved:
The additional REET funds will contribute sufficient monies to complete the project and achieve the
project goals. Goals include year round emergency repository of food, currently not available due to lack
of food bank storage and the absence of local grocery stores, so that in case of a state of emergency or
disaster, the Foothills population will have a hub of food access. Expansion of the community multi use
building will afford space for community programming and meeting spaces.
3a. Options /Advantages:
Original request for additional funds was much higher. Opportunity Council was able to achieve an
expanded construction design at lower costs.
3b. Cost savings:
N/A
4a. Outcomes:
Completion of new construction of an expansion of the EWRRC building, and delivery of occupancy
permit.
4b. Measures:
Ongoing reports will be required of the Opportunity Council, who will be workng under supervision of our
County Facilities staff.
5a. Other Departments/Agencies:
County Parks Department will continue to maintain an operating agreement with Opportunity Council for
the EWRRC, and the County Facilities saff will have some oversight of the construction process. The
Opportunity Council wil be managing the project.
5b. Name the person in charge of implementation and what they are responsible for:
Mike McFarlane, Parks Director
Rob Ney, Facilities Operations Manager
Wednesday, July 25, 2018
Rpt: Rpt Suppl Regular
297
Supplemental Budget Request Siatus: Pending
Non -Department -a -I
I ID 4 2 3 23 Fund 326 Cost Center 32600 Originator. Tawni Helms
S. Funding Source:
Deal '::sla'Le c:xc;se Tax Fun-U4 I
Wednesday, July 25, 2018 Rpt: Rpt SuppI Regular
Q411*1
Supplemental Budget Request Status: Pending
Non -Departmental
supp9 ID # 2632 Fund 324 Cost Center 32400 Originator. M Caldwell
Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Companion to Lighthouse Marine Park Proj Bgt Req
X
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested j
8351.106 Operating Transfer Out $54,000 1
Request Total $54,000
la. Description of request:
Transfer out of REET II to fund Lighthouse Marine Park playground replacement in project budget. See
Supplemental ID 2621
1b. Primary customers:
2. Problem to be solved.
3a. Options /Advantages:
3b. Cost savings:
4a. Outcomes:
4b. Measures:
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
REET II
Rpt: Rpt Suppl Regular
Thursday, July 26, 2018
299
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2018-237
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator:
\16 [i
8/8/18
Introduction
Division Head:
J U L 3 VIM
09111118
Finance, Council
Dept. Head:
Prosecutor:
N'
Purchasing/Budget:
("0 U N C IL
Executive:
—A
TITLE OF DOO
Amendment No. 2 to Ordinance No. 2017-048 Establishing the 2015 Lighthouse Marine Park Improvement Fund
and Establishing a Project Based Budget for Lighthouse Marine Park Improvements
A TTA CHMENTS.
1. Ordinance
2. Exhibit A
3. Supplemental Budget Request
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 RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
Requesting Council approval for additional budget authority of $54,000 to be added to the project budget for Fund
362 — Lighthouse Marine Park Improvement Fund. Budget will be used to fund aging playground equipment.
COMMITTEE ACTION.•
COUNCIL A CTIOX.-
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.usleouncil.
300
PROPOSED BY: Executive
INTRODUCTION DATE: 8/8/18
ORDINANCE NO.
AMENDMENT NO. 2 TO ORDINANCE NO. 2014-078 ESTABLISHING THE 2015
LIGHTHOUSE MARINE PARK IMPROVEMENT FUND AND ESTABLISHING A PROJECT
BASED BUDGET FOR LIGHTHOUSE MARINE PARK IMPROVEMENTS
WHEREAS, Ordinance No. 2014-078 established the project budget for the 2015
Lighthouse Marine Park Improvement Fund; and
WHEREAS, project funding was for replacement of a failing deck and deteriorated
playground equipment, and
WHEREAS, hidden structural deficiencies in the boardwalk framing were not apparent
until the entire deck surface was removed; and
WHEREAS, project funding has only been enough to replace the deck, and
WHEREAS, additional funding is needed to complete the playground, and
WHEREAS, continued funding for this project is available by transfer from Real Estate
Excise Tax Fund II,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance
2014-078 is hereby amended by adding $54,000 of expenditure authority, as described in
Exhibit A, to the amended project budget of $274,500, for a total amended project budget of
$328, 500.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
Civil i 7�'�� •
2018.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Rud Browne, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
301
EXHIBIT A
LIGHTHOUSE MARINE PARK IMPROVEMENT FUND - 362
Account Description
Expenditures
7380 Other Improvements
Revenues
8301.324 Operating Transfer In - REET II
Current Amendment #2 Total Amended
Project Budget to Ord. 2014-078 Project Budget
$274,500 $54,000 $328,500
$274,500 $54,000 $328,500
$274,500 $54,000 $328,500
$274,500 $54,000 $328,500
302
Supplemental Budget Request Status: Pending
Parks & Recreation
isi 1�1-'' 1.D, n 282 Fund 362 Cost Center 362100 Originator. Rod Lamb
Expenditure Type: One -Time Year 2 2018 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Lightuse Marine Park Playground Replacement
X
DepartJentlHe gnature (Required on Hard Copy Submission) Date
Dbjecf Object Description I Amount Requested
7380 Other Improvements $54,000
8301.324 Operating Transfer In ($54,000)
Request Total $0
1a. Description of request:
This project will replace the aging playground equipment at Lighthouse Marine Park. The existing
equipment is approximately 35 years old, and is beyond its serviceable life. This proposed budget
supplemental will replace the old equipment with a new structure that meets all current safety and
accessibility requirements. Additionally, the new equipment is made from durable and long lasting
materials that will reduce ongoing maintenance costs. A prior supplemental request initially thought
enough to cover costs of both structural repairs to the boardwalk and restoration of the existing
playground was determned to be insufficient to cover the current proposal of replacing the play equipment
with a newly manufactured structure.
1b. Primary customers:
Whatcom County residents, and park visitors are the primary customers of this proposed playground
replacement project.
2. Problem to be solved:
The existing playground equipment is primarily made from outdoor grade plywood and dimensional
lumber. Over the last three plus decades, the marine environment has taken a serious toll on the stability
of the structure, and has degraded to the point where it now poses a safety concern. Safety standards
have evolved since the time that the old equipment was installed, and now some components no longer
meet those standards.
3a. Options / Advantages:
Parks crew evaluated the condition of the existing playground, and initially thought that the structure could
be reconstructed, replacing degraded or damaged components with new replacement components.
Parks was also able to make contact with the manufacturer, and received material estimates for
replacement components that meet current safety standards. However, the cost for purchasing individual
components and labor necessary to complete the restoration exceeded costs for purchasing a
replacement structure.
3b. Cost savings:
The new playground equipment is composed of powder -coated metal and composite plastic components.
These materials are far more durable than wood, and will reduce ongoing maintenance costs. Installing
new equipment that meets current safety and accessibility requirements also reduces the county's
exposure to liability.
4a. Outcomes:
The outcome of this project will be construction of a new playground and associated site improvements
(concrete paving, fall protection, and benches) at Lighthouse Marine Park. The new equipment will be
installed near the newly renovated boardwalk, restroom and picnic areas. Completion of this final
Thursday, July 26, 2018
Rpt: Rpt Suppl Regular
0�x7
Supplemental Budget Request Status: Pending
Parks & Recreation
- --- -] Fund 362 Cost Center 362100 Originator. Rod Lamb
component of the project should be done by the end of the first quarter of 2019.
4b. Measures:
Completing the playground project by installing the new equipment and other site improvments will be the
measurement of success, and verification will happen when the playground is open to the public.
5a. Other Departments/Agencies:
No.
5b. Name the person in charge of implementation and what they are responsible for:
Rod Lamb will be responsible for implementing this project.
Thursday, July 26, 2018 Rpt: Rpt Suppl Regular
304
WHATCOM COUNTY COUNCIL AGENDA BILL Nn_ 2018 222
lCLEARANCES
FInitial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Council
7/23/2018
8/8/2018
Introduction
Division Head:
Dept. Head:
Prosecutor:
Purchasing lBu4get:
Executive:
TITLE OF DOCUMENT.
Appointment to the Surface Mining Advisory Committee
ATTACHMENTS:
Application
I
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes X NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Applicant: Dustin Gleaves for the Surface Mining Advisory Committee
1 vacancy, Ecologist. Committee advises the Whatcom County Planning and Development Services Department and the Whatcom County Council on
implementing a surface mining regulatory program consistent with the Comprehensive Plan. Committee has been inactive, but will reactive if needed..
COMMITTEE ACTION:
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
I
i ry ra.f+ LLwVrLGLL W/LK JLS/LGu� V/ wrl."fLI;eJ aria resacuiluris are uvuuuaie Jor viewing and printing
on the Count website at: www. co. iyliatroni. wa. us/council.
305
NaDean Hanson
From: noreply@civicpIus.com
Sent: Friday, July 20, 2018 5:49 PM
To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive;
NaDean Hanson
Subject: Online Form Submittal: Board and Commission Application
Board and Commission Application
Step 1
Application for Appointment to Whatcom County Boards and Commissions
Public Statement
THIS IS A PUBLIC DOCUMENT: As a candidate for a public board or commission,
the information provided 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.
First Name DUSTIN
Last Name GLEAVES
Date 7/20/2018
Street Address 3064 BAYVIEW DR
City BELLINGHAM
Zip 98226
Do you live in & are you Yes
registered to vote in
Whatcom County?
Do you have a different Field not completed.
mailing address?
Primary Telephone 12063909480
Secondary Telephone Field not completed.
Email Address dustingleavesCu7.,gmail.com
Step 2
i
306
1. Name of Board or Surface Mining Advisory Committee
Committee
Surface Mining Advisory Ecologist
Committee (SMAC)
Position:
2. Do you meet the Yes
residency, employment,
and/or affiliation
requirements of the
position for which you're
applying?
3. Which Council district District 3
do you live in?
4. Are you a US citizen? Yes
5. Are you registered to Yes
vote in Whatcom County?
6. Have you declared Yes
candidacy (as defined by
RCW 42.17A.055) for a
paid elected office in any
jurisdiction within the
county?
7. Have you ever been a
No
member of this
Board/Commission?
8. Do you or your spouse
No
have a financial interest
in or are you an employee
or officer of any business
or agency that does
business with Whatcom
County?
You may attach a resume
Gleaves-CV.pdf
or detailed summary of
experience, qualifications,
& interest in response to
the following questions
9. Please describe your
Occupation - Teaching Assistant of Environmental Studies,
occupation (or former
WWU. Commissioner, Whatcom Co. Fire Dist. 8. Qualifications
occupation if retired),
and Education- M.A. Environmental Studies, B.S.
2
307
qualifications, Environmental Science. 2 years as teaching assistant at WWU
professional and/or for courses including physical geography, biogeography, GIS,
community activities, and climatology, and statistics.
education
10. Please describe why I seek to apply my ecology expertise to improve and serve my
you're interested in community.
serving on this board or
commission
References (please
Dr. Aquila Flower Title: Professor Relationship: Professor,
include daytime
thesis advisor, and supervisor Known for 5 years Phone: (360)
telephone number):
650-6487 Email: a ulla.flower wwu.edu --- Dr. Andy Bach
Title: Professor Relationship: Professor and supervisor Known
for 5 years Phone: (360) 650 - 4774 Email:
andy.bach@wwu.edu --- Dr. James Helfield Title: Professor
Relationship: Professor and faculty advisor Known for 4 years
Phone: (360) 650-7285 Email: Lmes.helfield a u.edu ---
Benjamin Hagedorn Title: Graduate Teaching Assistant
Relationship: Junior coworker at WWU, previous field work
assistant Known for 2 years Phone: (206) 617-3507 Email:
hagedob2 - wwu.edu --- Christopher Trinies Title: Graduate
Teaching Assistant Relationship: Coworker in same laboratory
at WWU Known for: 4 years Phone: (206) 660 — 3088 Email:
ctriniesQgmaiI.com
Signature of applicant:
Dustin Gleaves
Place Signed / Submitted
Bellingham, WA
Email not displaying correctly? View it in your browser.
Dustin A. Gleaves
Ecologist, GIS Analyst, and Environmental Scientist
gleaved@wwu.edu
(206) 390-9480
3064 Bayview Dr.
Bellingham, WA 98226
GIS portfolio at www.dustingleaves.wordpress.com/portfolio
Education
Western Washington University
Master of Arts - Environmental Studies, Geography. 2016 — 2018
Western Washington University
Bachelor of Science - Environmental Science, Terrestrial Ecology. 2013 - 2015
S. Seattle College
Associate's Degree, 2004 - 2006
F'.xperience
Graduate Teaching Assistant at Western Washington University
September 2016 - Present
Instruct and administrate environmental studies coursework including GIS, statistical analysis, physical
geography, demography, and climatology in a university setting fir classes ranging fron7 30 to 120
students.
Commissioner, Whatcom County Fire District 8
November 2017 - Present
I"iected office overseeing provision of fire prevention services, fire suppression, emergency medical
services and the protection of life and property for Marietta neighborhood and I,unimi Nation. Approves
district's annual and monthly budget, advises planning, and provides public oversight of operations.
Sr. Training and Development Assistant at Intrepid Learning / The Boeing Company
April 2011 - September 2016
As a permanent contractor to 'l,lre Boeing Company, instruct and administrate initial certification and
annual re -certification of aerospace electricians, mechanics, and assembly personnel on -site at the Boeing
factory in Everett, WA. Focuses included skills, environmental health and safety, and ethics training,
Materials and Quality Coordinator at Intrepid Learning / The Boeing Company
April 2010 - April 2011
Perinanent contractor to "fhe Boeing Company. .,Maintained and developed supply continuity for training
and development functions for the Boeing Everett factory and greater Puget Sound region. Single point of
contact for administrators and contractor representative to Iacarning, Training, & Development dept.
Teaching Experience
Western Washington University
-Introduction to GIS (2) -GIS lab (2) -Physical Geography (6)
-Human Geography -Climatology -Understanding Environmental Data
-Biogeography -Art & Science of Cheesemaking
Intrepid Learning / The Boeing Company
-Recertification of mechanical skills -Environmental Health and Safety -Ethics and Accountability
309
Research History
Graduate Research at Western Washington University
Aug 2016 to Present
Responsibilities: Personal research protect on dendrochronology, silviculture, and habitat of Seaside
Juniper (J. maritima) arare endemic tree species. Performed GIS habitat modeling, dendrochronological
analysis, and GPS site collection of sites throughout the Salish Sea.
Undergraduate Research at Western Washington University
Sep 2014 to Dec 2015
Responsibilities: Research project consisting of 80% unsupervised biology laboratory procedures.
Pe.rf'orined lab research and field specimen collection of tree core samples dendroc.hrotiological
reconstructions of sahnon population. Performed nitrogen isotope analysis procedures on samples of
wood segments. The results of this project are published in the journal Dendrochronolgia.
PUblic:ations
Bunn et.al, (2017). A solvent -based extraction fails to remove mobile nitrogen from western redcedar
(Thuja plicata). Dendrochronologia, 44, 19-21.
Grants
2016. WWU, Huxley College of the Environment. Huxley Small Grant. $933
2017. WWU, Huxley College of the Environment. Dean's Fund for Sustainability. $500
2017. WWU, Huxley College of the Environment. Dean and Sandy Blinn Fund. $500
2017. WWU, Graduate school. Ross Travel Grant. $350
2017. WWU, Huxley College of the Environment. Env. Studies Discretionary Fund. $669
Awat•cis
2018. Association of Washington Geographers. Best presentation by a Masters Student.
ConCerence and Seminar Presentations
Gleaves, D. and Flower, A., 2018. The Dendrochronology of Seaside Juniper: A recently discovered
rare tree species endemic to the Salish Sea. American Association of Geographers. New Orleans, LA.
Gleaves, D. and Flower, A., 2018. The Dendrochronology of Seaside Juniper: A recently discovered
rare tree species endemic to the Salish Sea. Association of Washington Geographers. Bellingham, WA.
C:onirnittc;es
2017-present WWU, Huxley College of the Environment, Graduate program committee.
Skills
-SCUBA certified, PADI open water diver
-Fluent in American Sign Language
-Licensed Real Estate Broker, 2011-2013
KKII