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Home My WebLink Aboutres2002-027WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 - 228 CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Ong. Dept.: County Council 6/612002 6/18/2002 P&D /Council Division Head: Dept. Head: Prosecutor: Budget Executive: SUBJECT. Resolution approving Evergreen Water -Sewer District Comprehensive Plan ATTACHMENTS SUMMARYSTATEMENT Related County Contract M: should the Clerk schedule a hewing? (Y /I)N Requested Date The Evergreen Water -Sewer District has submitted its comprehensive plan for acquisition of the Paradise Lakes Country Club water system and associated office building needs. State law requires that comprehensive water -sewer system plans be approved by the legislative authority of the county in which the district is located. The boundaries of the Evergreen Water. Sewer District lie entirely within Whatcom County, making approval by the Whatcom County Council necessary before the plan is deemed effective. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2002 -228 6/1812002: Approved 7 -0, Res. #2002-027 Related File Numbers: Ordinance or Resolution Number (this item only): RCS * 2GO2 - 027 Ever�a water Sewer Camp Plan Re. PROPOSED BY: Consent SPONSORED BY: Consent INTRODUCED: June 4. 2002 RESOLUTION NO. 2002 -027 APPROVING THE EVERGREEN WATER -SEWER DISTRICT COMPREHENSIVE PLAN WHEREAS, State law (RCW 57.16.010(6)) requires that all comprehensive water -sewer system plans be either approved, conditionally approved, or rejected by the legislative authority of the county in which the district is located; and WHEREAS, the boundaries of the Evergreen Water -Sewer District, formed by election in April 2000, lie entirely within Whatcom County, making the County Council the approving authority for its water -sewer plan; and WHEREAS, on April 18, 2002, the Evergreen Water and Sewer District submitted its general comprehensive plan for a water supply system to Whatcom County for review and approval; and WHEREAS, as required by RCW 57.16.010 (6), the Whatcom County departments of Health and Human Services and Public Works Engineering have reviewed Evergreen's proposed plan and submitted letters of approval to the Council Office; and WHEREAS, both letters note that approval pertains only to the acquisition of the Paradise Lakes Country Club water system and that the comprehensive water plan, as presented, does not involve the level of detail required to suffice as an individual water system plan for the entire district; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby approves the Evergreen Water -Sewer District Comprehensive Plan as presented by the District's legal counsel on April 18, 2002. BE IT FURTHER RESOLVED by the Whatcom County Council that approval of the comprehensive plan pertains only to the planning for the acquisition of the Paradise Lakes Country Club water system and the associated office building needs, and that planning pertaining to infrastructure improvements and additions for purveyance of water and conveyance of sewage will necessitate more detailed comprehensive planning. APPROVED this 18 day of June , 2002. UOt[E ,AORM: CrVil ,/fDeel ty Prosecutor WHATCOM COUNTY COUNCIL WHATCOM OUNTY, WASHINGTON ( L. War Nelson, CouNcil Chair WHATCOM COUNTY P``D REGINA DEEAHUNT HEALTH &HUMAN SERVICES 3r roj Interim Director P.O. Box 935 GREG STERN, M.D. Bellingham, WA 98221 -0935 h- Health Officer IL gShLnctD IU L May 14, 2002 It AD0) 6766720 I0e953B COMMUNICABLE DISWE REMRDNL uNE 13601 736-2503 C RDREN MIN SPEau HEALTH G E NEEDS (360) 236 -2523 381.0521 COMMUNICABLE DISEASE LMMUNUnOrs (360) 718-2506 3619336 DFAUCIFMENLLL DISABILITIES (360) 676 6829 3981310 EN39wNMENrU HEALTH 3 601 676-6724 3841565 MATEBNNAN' 3601 647,2329 LBO I011 MU TUHEUTH (360) 676 6829 398 1310 SrolUDamly (360) 6764593 381.5818 SUBSTA14a MUSE 13601626 -6029 5395:0 MTU REWRDS 136016266220 381 -1528 Mal aINIc 0 601 738 2505 3841633 Mr. Rod P. Kaseguma MAY 1 4 2002 Inslee, Best, Doezie & Ryder, P.S. P.O. Box C -90016 Bellevue, WA 98009-9016 Subject: Whatcom County Health and Human Services Review and Approval of the Comprehensive Plan for Evergreen Water -Sewer District Dear Mr. Kasequma: In accordance with RCW 57.16.010(6) and acting as the authorized representative of the Director of Health, I have reviewed and do hereby approve the Comprehensive Plan for the Evergreen Water -Sewer District, as proposed in the April 4, 2002 Resolution 14 -2002 submitted to the Director of Health. T JQ approval pertains only to the acquisition of the Paradise Lakes Col rry Club water system by the district The plan submitted does not involve the level of detail required to suffice as an individual water system plan for the district. In addition to RCW 57.16, the Public Water System Coordination Act RCW 70.116 requires that local government review individual water system plans. The district must submit a plan for approval to both Whatcom County and Washington State Department of Health (DOH) that complies with the provisions of WAC 246 - 293 -290 for our review. Washington State Department of Health classifies the Paradise Lakes Country Club water system as a Group A public water system. The system operators should refer all questions concerning day to day operation of the water system to DOH. The operators should also contact DOH and begin the process of preparing a detailed individual water system plan. If you have further questions please contact me. Sincerely' i �L it Paul A. Chudek Environmental Health Supervisor cc: Matt Aamot, Bruce Mills, Dana Brown Richard Rod COMMUNITY HEALTH CENTER 509 Greed Street FAX 13601626-2616 Whatcom County Planning and Development Services Whatcom County Public Works Engineering Davis, Whatcom County Council iguuez, Washington State Department of Health WHATCOM HEALTH CENTER HUMAN SERVICES CENTER 15W NaM Sure Street 1000 Norn Forest Street FAX (360)626 6729 FAX 3M17352490 WHATCOM COUNTY �coN co PUBLIC WORKS DEPARTMENT 3 +° ��a JEFFREY M. MONSEN, P.E. DireRar �93NINGt�r Mr. Rod P. Kaseguma Inslee, Best, Doezie & Ryder, P.S. P.O. Box C -90016 Bellevue, WA 98009 -9016 DIVISION OF ENGINEERING Bruce G. Mills, P.E. — County Road Engineer 5280 Northwest Drive, Suite C Bellingham, WA 98226 May 9, 2002 Subject: Review and Approval of Comprehensive Plan — Evergreen Water -Sewer District Dew Mr. Kaseguma: In accordance with RCW 57.16.010(6), I have reviewed and do hereby approve of the Comprehensive Plan for the Evergreen Water -Sewer District, as proposed in the April 4, 2002 Resolution 14 -2002 submitted to me. I approve the plan while noting that it's scope is limited to the District's acquisition of the Paradise Lakes Country Club water system, and is not a comprehensive plan addressing all aspects of the present and future operational needs of the district. I assume a more detailed plan will be developed in the near future. Whatcom County would like to see disturbances kept to a minimum for County road surfaces. With that in mind, we encourage that any new water lines be placed outside the existing pavement for any improved County roads, where possible. Note that any work performed within County right -of -way requires a revocable encroachment permit from our Engineering Division office. Please do not hesitate to contact me in the future with any concerns or questions. cc: Matt Aamot Paul Chudek -Dana Brown --•Dav'- bgm\ Sincerely Bruce G. Mills, P.E. County Road Engineer P 2 Pi MAY 10 2002 WHAWOM GUON7' ^OIJNCV Phone: (360) 6]6 -6]30 Country: (3 60) 380-8110 FAX: (360( 676 -6558 INSLEE, BEST, DOEZIE & RYDER, P.S. ATTORNEYS AT LAW Rod P. Keseguma Writer s Direct Line. 1425) 450 -4241 E- MailAddress: rkaseguma ®Insleebest.com Dana Brown -Davis Clerk of the Council Whatcom County Council 311 Grand Avenue Suite 105 Bellingham, WA 98225 -4038 Rainier Plaza, Suite 1900 777 -108th Avenue N.E. P.O. BOX C -90016 Bellevue, Washington 96009 -9016 (425) 455 -1234 Fait(425)635 -7720 www. insleebesi April 18, 2002 Re: Evergreen Water -Sewer District Approval of Comprehensive Plan Dear Ms. Brown- Davis: APR 2 2 2002 i UiiY tip A't,, Thank you very much for returning my voice mail message so quickly, and for advising that Evergreen Water -Sewer District should send its comprehensive plan to you for review and approval by the County Council under RCW 57.16.010. This office represents the District as legal counsel. As you are aware, consulting engineers usually coordinate approval of water -sewer district comprehensive plans. However, the District, which was formed by election in April 2000 to take over the water supply system within its boundaries, is not yet the operator of the system and therefore does not have a consulting engineer. This office represents many water -sewer districts; therefore, hopefully we can answer any questions you may have, even if they are technical in nature. You will note that the enclosed comprehensive plan is very short and general. The reasons for this type of plan are explained below. Upon being formed, the District commenced discussions with the current operator, a non - profit corporation, to acquire the system by negotiated sale. Because the negotiations were unsuccessful, the District filed a condemnation action in Whatcom County Superior Court. In March, 2002, in the first phase of the action, the trial court entered a "Use and Necessity" order, ruling that the District has legal authority to take over the system. That order became final on April 8, 2002. In the near future, the District and the Club will engage in the second phase of the action, which is a trial to Dana Brown -Davis April 18, 2002 Page 2 determine the "just compensation," or price, for the system. Until the trial, the Club will continue to operate the system. To finance in part the condemnation action, the District Board of Commissioners has placed before the voters of the District on May 21, 2002 a ballot proposition to authorize the issuance of up to $250,000 of general obligation bonds. In connection with issuance of the bonds, the District must adopt a general comprehensive plan. RCW 57.16.010. On April 4, 2002 the District Board of Commissioners satisfied this requirement by adopting Resolution No. 14 -2002, an unsigned copy of which is enclosed (I have not received a signed copy yet; if you need a signed copy, please let me know). The District's comprehensive plan provides primarily for the acquisition of the existing system from the Club; it also provides for the acquisition of real property to construct an office and maintenance building, the acquisition of maintenance vehicles, the installation of fire hydrants as required by the County Fire Marshal (we believe there is an existing letter agreement for installation between the Club and the Fire Marshal, and that the installation is included in the plan for the Club previously approved by the Department), and the installation of meters for all connections. Even though the District essentially is taking over the Club's existing system, the District had to mention the hydrants and meters to satisfy technical requirements for issuing the general obligation bonds. Also, the District must have the plan approved by County officials and the State Department of Health before it can actually issue the bonds. The District hopes to issues the bonds in early June. Therefore, we would appreciate the County Council approving the plan by resolution after it has been approved by the County Engineer and County Director of Health, instead of allowing it to be deemed approved after the 90-day waiting period of RCW 57.16.010. If you have questions or need further information, please do not hesitate to contact me or Forrest McElroy, the President of the Board of Commissioners, at 360- 599 -2931. Sincerely, INSLEE, BEST,,DOEZIE & RYDER l) > Rod P. Kasegu aW Dana Brown -Davis April 18, 2002 Page 3 Enclosure RPK cc: District Board of Commissioners David Findlay David Thompson v0Y FOR YOUR FIFQR6MATION EVERGREEN WATER- SEWER DISTRICT WHATCOM COUNTY, WASHINGTON RESOLUTION NO. 14-2002 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF EVERGREEN WATER- SEWER DISTRICT, WHATCOM COUNTY, WASHINGTON, ADOPTING A GENERAL COMPREHENSIVE PLAN FOR A WATER SUPPLY SYSTEM FOR THE DISTRICT. WHEREAS, RCW 57.16.010 requires the Board of Commissioners to adopt a general comprehensive plan before ordering any improvements or submitting to a vote of the District's electors any proposition for incurring any indebtedness; and WHEREAS, the Board of Commissioners desires to acquire the water system operated by Paradise Lakes Country Club that serves the territory of the District, install meters and hydrants and submit to a vote of the District's electors a proposition for incurring indebtedness; now, therefore BE IT RESOLVED by the Board of Commissioners of Evergreen Water - Sewer District, Whateom County, Washington, as follows: Section 1. Adoption of Comprehensive Plan. Pursuant to RCW 57.16.010, the Board of Commissioners adopts the following general comprehensive plan of water supply for the District: I. The District shall acquire, by negotiation or condemnation, the water supply system operated by Paradise Lakes Country Club and serving the entire territory of the District (Paradise Lakes Country Club Division Nos. (Paradise Lakes Country Club Division Nos. 1, 2, 3, 4, 5, 6, 7 and 8 and Camper's Division Nos. 1, 2 and 3), including but not limited to water rights, wells, booster stations, interties, reservoirs, telemetry, well pumps, tanks, cisterns, pipes, lines, mains, hydrants, meters and associated appurtenances, and all real property necessary to own and operate the system. 2. The District shall acquire real property and construct thereon an office building and a maintenance building. 3. The District shall acquire motor vehicles to be used for operating and maintaining the District water supply system. 4. The District shall install fire hydrants in accordance with the requirements of the Whatcom County Fire Marshal or successor officer or agency. 357677IM212366401 152MZOn DOC (416/02) -1- The District shall install meters for all connections to the water supply system 6. The District shall finance the acquisition of the water supply system, the acquisition and construction of the office and maintenance buildings, and the acquisition of motor vehicles with the proceeds of an excess tax levy under RCW 57.04.050, revenue bonds and general obligation bonds, or a combination thereof. The District shall finance the installation of fire hydrants and meters with the proceeds of revenue bonds and general obligation bonds, or a combination thereof, perhaps in conjunction with the formation of utility local improvement districts. Section 2. Approval of Comprehensive Plan. The Board of Commissioners shall cause the general comprehensive plan adopted by Section 1 of this Resolution to be approved in accordance with RCW 57.16.010. ADOPTED by the Board of Commissioners of Evergreen Water- Sewer District, Whatcom County, Washington, at a special meeting held on April 4, 2002. EVERGREEN WATER -SEWER DISTRICT Forrest McElroy, Commissioner Jeff Fitzgerald, Commissioner Yury Ageyev, Commissioner 357677100223669.01 [52MZ0p.DOC (4/4/02) -2- I, Jeff Fitzgerald, Secretary of the Board of Commissioners of Evergreen Water- Sewer District, Whatcom County, Washington, certify that the attached copy of Resolution No. 14 -2002 is a true and correct copy of the original resolution adopted on April 4, 2002, as that resolution appears on the Minute Book of the District. DATED this 4" day of April, 2002. Secretary of the Board of Commissioners 35707lw2j236699.m j52MZ0I' DOC (4/4/02) -3- INSLEE, BEST, DOEZIE & RYDER, P.S. ATTORNEYS AT LAW Rod R K3seguma Wri S Drew Line, 42A450-4241 6vel Address . kase9urnaer sleelved com Dana Brown -Davis Clerk of the Council Whatcom County Council 311 Grand Avenue Suite 105 Bellingham, WA 98225 -4038 Rainier Plaza, Suite 1900 777 -108th Avenue N.E. P.O. BOX C -90016 Bellevue. Washington 96009 -9016 (425) 455 -1234 Fee (425) 635 -7720 www. Insleetsest. corn May 15, 2002 Re: Evergreen Water -Sewer District Approval of Comprehensive Plan Dear Ms. Brown- Davis: nl 'J' I�I MAY i 6 2002 'LVI 1t5i 6UN7 By letter dated April 18, 2002, I advised you of the District's adoption of a comprehensive plan, and requested County Council approval of the plan by resolution under RCW 57.16.010. As you are aware, before the County Council can consider the plan, it must first be approved by the "County Engineer" (Bruce Mills) and the "Director of Health" (Paul Chudek). Within the last two days, we have received the written approvals from Mr. Mills and Mr. Chudek. On both approvals, you are listed as receiving a copy. As stated in my April 18, 2002, letter, we would appreciate County Council approval in the early part of June, if at all possible. Thank you very much again for your assistance. Sincerely, INSLEE, BEST, DOEZIE & RYDER n Rod P. Kaseguma RPK Dana Brown -Davis May 15, 2002 Page 2 cc: District Board of Commissioners David Findlay David Thompson Paul Chudek Bruce Mills