HomeMy WebLinkAboutres2019-044Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA 98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2019-502
File ID: AB2019-502 Version: 1 Status: Approved
File Created: 09/24/2019
Department:
Assigned to:
Public Works
Department
Council
Entered by: BBushaw@co.whatcom.wa.us
File Type: Resolution Requiring a Public Hearing
Final Action: 10/22/2019
Agenda Date: 10/22/2019 Enactment #: RES 2019-044
Primary Contact Email: sdraper2cco whatcom.wa.us<maiIto: sdraper@co.whatcom.wa.us>
TITLE FOR AGENDA ITEM:
Resolution amending WCC 100.7 Birch Bay Watershed Aquatic Resources Management District
Funding Mechanism by adding an exemption for the Birch Bay Water and Sewer District (Council
acting as the Whatcom County Flood Control Zone District Board of Supervisors)
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
An amendment to the Birch Bay Watershed and Aquatic Resources Management District Funding
Mechanism which adds an exemption for the Birch Bay Water and Sewer District
HISTORY OF LEGISLATIVE FILE
Date: Acting Body:
Action: Sent To:
10/08/2019 Council
INTRODUCED FOR PUBLIC Council
HEARING
Aye:
7
Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay:
0
Absent:
0
10/22/2019 Council
APPROVED
Aye:
7
Brenner, Browne, Buchanan, Byrd, Donovan, Frazey, and Sidhu
Nay:
0
Absent:
0
Whatcom County Page 1 Printed on 1012312019
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PROPOSED BY: PUBLIC WORKS
INTRODUCTION DATE: 10/8/2019
RESOLUTION NO. 2019-044
ADOPTING CHANGES TO WCC 100.07 BIRCH BAY WATERSHED AND AQUATIC
RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM, BY ADDING AN
EXEMPTION FOR THE BIRCH BAY WATER AND SEWER DISTRICT
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
WHEREAS, on March 13, 2007, the Whatcom County Flood Control Zone District
Board of Supervisors adopted Ordinance 2007-019 which created the Birch Bay Watershed
and Aquatic Resources Management (BBWARM) District pursuant to RCW 86.15; and,
WHEREAS, RCW 86.15.160 (4) authorizes a charge for the furnishing of service to
those who are receiving or will receive benefits from stormwater control facilities and
programs and who are contributing to an increase in surface water runoff (Res 2008-049 &
Res 2008-050); and,
WHEREAS, implementation of the Birch Bay Comprehensive Stormwater Plan is
needed to solve many of the current stormwater management problems in the Birch Bay
Watershed; and,
WHEREAS, the Birch Bay Water and Sewer District (BBWSD) works regularly with
BBWARM and both districts share the same goals of protecting Birch Bay's water quality,
managing stormwater and providing critical utility services to rate payers in the districts;
and,
WHEREAS, the majority of BBWARM rate payers are also BBWSD rate payers; and,
WHEREAS, collaborative efforts between the districts that seek to improve
stormwater drainage options often result in reduced quantities of stormwater entering the
systems, which can reduce the amount of effluent requiring treatment and subsequent
treatment costs; and,
WHEREAS, in 2011, an interlocal agreement was signed by the two districts that
describes the relationship between the two agencies, common areas of concern and shared
goals; and,
WHEREAS, this interlocal agreement also provides a rationale for dispensing with
charging fees by either party and emphasizes the types of planning, programming, and
collaborative projects that would be undertaken; and,
WHEREAS, while endeavoring to renew the expired interlocal agreement, it was
suggested by the County's attorney that the resolution establishing the BBWARM rates and
exemptions criteria be amended to provide a provision for not charging the BBWSD,
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NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone
District Board of Supervisors that Whatcom County Code 100.07 Birch Bay Watershed and
Aquatic Resources Management District Funding Mechanism is hereby amended as outlined
in Exhibit A of this resolution. The new text appears as underlined.
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Exhibit A
100.07.080 Exemptions.
A. Property that is owned by, and is the personal residence of, a person or persons approved by the county assessor
for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 shall be exempt from the
service charge. Any person eligible for this low-income, senior citizen, or disabled persons exemption shall be
provided a refund of annual service charges for the subject property for the first year the exemption is sought and for
up to three prior years; provided, that eligibility for each year has been approved by the assessor's office; and
provided further, that refunds shall not be approved for any year prior to 2009. (Res. 2009-015 § 1 (Exh. A); Res.
2008-049 § 1 (Exh. A § 8)).
B. Properties owned by BBWSD are exempted from BBWARM stormwater fees provided an interlocal agreement is
in effect between BBWSD and WCFCZD.