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Home My WebLink Aboutres2008-079WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-380 CLEARANCES Initial Date Date Received in Council O ace A enda Date Assigned to: Originator: 10/21/2008 10/21/2008 Introduction Division Head: 11/12/2008 NR /Council Dept. Head: /Q • a/r Prosecutor: L12UCI Q Purchasin /Bud et: Executive: TITLE OF DOCUMENT: Resolution providing framework for Flood Control Construction Cost -Share Program ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution providing a framework for Flood Control Construction Cost -Share Program COMMITTEE ACTION: 11/12/2008: Forwarded to Council for approval COUNCIL ACTION: 10/21/2008: Introduced 11/12/2008: Council Approved 6 -1, Crawford opposed Res. 2008 -079 Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Res. 2008 -079 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.uslcouncit. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 4.2 43 44 45 46 47 48 49 50 51 52 53 Framework for FC Construction Cost -Share Program Res. PROPOSED BY: Consent SPONSORED BY: Consent INTRODUCED: October 21, 2008 RESOLUTION NO. 2008 -079 (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) PROVIDING A FRAMEWORK FOR THE FLOOD CONTROL CONSTRUCTION COST -SHARE PROGRAM WHEREAS, Whatcom County Code Chapter 17.20 relates to the Flood Control Maintenance Program, and the details of that program are more properly addressed by the Flood Control Zone District (FCZD)Board of Supervisors in its code; and WHEREAS, the implementation of the program requires code revisions to more closely align the.priorities and screening criteria for projects with the priorities of the FCZD Board of Supervisors and the Advisory Committee; and WHEREAS, program needs frequently exceed the available budget, sometimes to the detriment of long -term flood hazard reduction projects, and WHEREAS, the FCZD Advisory Committee has recommended increasing the cost share contribution required of local sponsors and property owners requesting funds for projects from 20% to 30% of the total project costs; NOW THEREFORE BE IT RESOLVED that the flood control construction cost share program shall be governed by the rules and procedures as outlined in Exhibit A to this Resolution. APPROVED this 12th day of November •qA HAT� ••y O•� COUNTY •I " — a APPR6J� D0,A5*TC3•f�i�►1i �'��r►�ii��% Civil Deputy Prosecutor Council 11 2008, WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 EXHIBIT A (RESOLUTION PROVIDING FRAMEWORK FOR THE FLOOD CONTROL CONSTRUCTION COST SHARE PROGRAM) Chapter 100.05 FLOOD CONTROL CONSTRUCTION COST SHARE PROGRAM 100.05.010 Program Purpose. This chapter provides a framework for the District's participation in developing and constructing flood control facility repair and maintenance projects and flood hazard reduction projects, prioritization of projects to be considered for construction and a cost share program to assist in implementing projects proposed by property owners and other local sponsors. 100.05.020 Definitions. For purposes of this chapter: 10 "Flood control facility repair and maintenance projects" means repair of an existing flood control structure to a condition generally the same as the condition it was in prior to being damaged. Repair projects are intended to maintain the same level of protection as existed prior to the damage. Modifications from the original condition to incorporate improved construction techniques or mitigation can be included in flood control repair projects. Construction of a new revetment or levee where no structure existed previously is not considered a repair. 28 "Flood hazard reduction project" means a project that is intended to reduce the risk from a hazard when compared to the existing condition, without any damage having occurred. Typically flood hazard reduction projects result from a comprehensive flood planning effort and consist of construction of a new facility or structure or improvement to an existing flood control structure. If an existing structure is currently damaged, a project to repair and improve the structure would be considered a flood hazard reduction project. Flood hazard reduction projects also include non- structural projects such as flood proofing and buyouts. 100.05.030 District Participation The District may participate in the financing, labor, construction and /or supplying of materials for flood control facility repair and maintenance and flood hazard reduction projects authorized under RCW Chapter 86.15 on sites within Whatcom County. Authorized projects are subject to fiscal constraints and guidelines established herein for the prioritization of projects. For flood control repair and maintenance projects, property owners or local sponsors shall pay at least 30 per cent of the total cost of the project, including the cost of design and permitting, unless the Board of Supervisors approves a different formula after considering the recommendation, if any, of the Whatcom County Flood Control Zone District Advisory Committee, for financial participation in a particular project. Financial participation of the District in flood hazard reduction projects shall be determined by the Board of Supervisors on a case -by -case basis. 2 1 2 100.05.040 Guidelines for prioritization of projects. 3 All flood control repair and maintenance and flood hazard reduction projects shall be 4 prioritized based on an analysis and review of the following factors. 5 6 A. What is at risk of damage due to flooding and /or erosion and what are the potential 7 consequences if no action is taken? Risks are generally prioritized in the following 8 order. 9 a. Threats to public safety 10 be Damage to public infrastructure 11 c. Impacts on the regional economy 12 d. Damage to private structures 13 Be The nature and severity of the potential consequence resulting from the hazard 14 C. The scale of the problem and the extent of area that will be affected by the hazard 15 D. Urgency, where urgency is a measure of how quickly an action needs to be taken to 16 prevent a risk from growing more severe. 17 Other considerations that may affect the priority of projects to be implemented include the 18 potential for outside funding and /or partnership opportunities, consistency with approved 19 plans, and the potential to reduce long -term maintenance needs. Projects that are not 20 consistent with a plan resulting from a comprehensive flood planning effort conducted by 21 the District or the County will not be considered for funding by the District unless deemed 22 necessary to protect public safety or critical public infrastructure. 23 24 100.05.050 Project advisory subcommittee. 25 26 The flood control zone district advisory committee shall select a subcommittee of not less 27 than 5 members, which will, with County staff, review all applications for repair, 28 maintenance and flood hazard reduction projects and submit recommendations on project 29 priorities to the Advisory Committee who will make a recommendation to the Board of 30 Supervisors. 31 32 100.05.060 Project agreement. 33 Before any project proposed by a property owner or local sponsor is undertaken, except in 34 case of an emergency declared by the Whatcom County Executive, an agreement shall be 35 made and entered into by and between the District and the local sponsor(s) setting forth 36 the nature and scope of the respective parties' participation. All payments specified in said 37 agreement shall be due and payable in accordance with the method of payment described in 38 said agreement. When the cost of said project is less than the estimated amount agreed to, 39 the pro rata share paid by the local sponsor shall be reduced and refunded, if applicable, 40 following completion of the work. In the event the project's cost exceeds the estimate 41 agreed to, the district will notify the local sponsor as the actual costs become known. The 42 pro rata share of the difference shall be paid by the local sponsor upon completion of said 43 work. In the event that payment is not made upon completion of said work, interest on the 44 delinquent amount shall accrue at the same rate as specified by state law for delinquent 45 property taxes, as allowed by law. For projects proposed by a property owner, the amount 46 of such delinquency plus interest shall be a lien upon the property from the time of 47 completion until the total indebtedness is paid. Said lien shall be enforced by the district in 48 the manner prescribed by law for the foreclosure of mortgages and /or through an action of 49 debt against the owners and /or in such other manner as the law may provide. For projects 50 proposed by a local sponsor without an ownership interest in the property, any delinquency 51 on a project cost share payment will disqualify the local sponsor from future cost share 3 1 2 projects for a period equal to the duration of the delinquency following full payment of the delinquency plus interest.