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HomeMy WebLinkAboutPacket Jul 21 20092009-320A WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: C. Anderson Q �rU Originator: h h O 1 ,� 2 D "� L �C K. Christensen 7121109 Natural Division Head: O Resources F. Abart 7121109 Council Dept. Head: � o JUL (� L J 20OJ D. Gibson 0-1/4 66 [ Prosecutor: WHATCOM COUNTY B.Bennett Purchasin /Bud et: O ! N C !!JIl9d+ G P.Kremen l Executive: TITLE OF DOC NT: Resolution Establishing Policies Regarding Detection and Assessment of Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run-off to the County's Municipal Separate Storm Sewer System (MS4) and Enforcement of Prohibitions Against Such Discharges in Designated NPDES Phase II Areas ATTACHMENTS. 1. Memorandum 2. Resolution 3. Exhibit A SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( X ) 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 required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An interim ordinance establishing an Illicit Discharge, Detection, and Elimination program for Whatcom County was introduced on 7/7/09 to comply with Section S5. C3 of Western Washington Phase IlMunicipal Stormwater Permit (issued to Whatcom County on 1/ 17/07) in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq). The attached proposed resolution sets forth the policy of the County as related to the interim ordinance. 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 PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council STORIVIWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa.us FROM: Jon Hutchings, Ph.D., Assistant Director OL-11 Kirk N. Christensen, P.E., Stormwater Manager THROUGH: Frank M. Abart, Public Works Directo� ,7010q RE: Resolution Establishing Policies Regarding Detection and Assessment of Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run-off to the County's Municipal Separate Storm Sewer System (MS4) and Enforcement of Prohibitions Against Such Discharges in Designated NPDES Phase II Areas DATE: July 8, 2009 Enclosed for your review and approval is a resolution that provides for the adoption of policies addressing the detection, assessment, and abatement of illegal and illicit discharge of hazardous materials and non-stormwater run-off into the County's Municipal Separate Storm Sewer System (MS4). ■ Background and Purpose An interim ordinance establishing an Illicit Discharge, Detection, and Elimination program for Whatcom County was introduced on 7/7/09 to comply with Section S5.C3 of Western Washington Phase II Municipal Stormwater Permit (issued to Whatcom County on 1/ 17/07) in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.). The attached proposed resolution sets forth the policy of the County as related to the interim ordinance. Please contact Chip Anderson at extension 50694 if you have any questions regarding this resolution. Enclosure 2 WHATCOM COUNTY CONTRACT ATTORNEY REVIEW [submit via electronic transmittal] Whatcom County Contract No. N/A Originating Department: Public Works-Stormwater Contact Person: Chip Anderson, Senior Planner Contractor's Name: N/A - Resolution First Review: K.Approved As Is; Prepare Hardcopy for Signoff Needs Revision; Attorney Comments for suggested changes: Second Review: Implemented Attorney Corrections as Indicated Approved; Prepare Hardcopy for Signoff Additional Corrections Needed; Attorney Comments for suggested changes: Please indicate any Special Dates or clauses that require calendaring: Leave this page attached to summary coversheet until final signoff by attorney. Do not leave attached when routing to Contractor for signature. 3 SPONSORED BY: PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: RESOLUTION NO. 2009- ESTABLISHING POLICIES REGARDING DETECTION AND ASSESSMENT OF ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON-STORMWATER RUN-OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) AND ENFORCEMENT OF PROHIBITIONS AGAINST SUCH DISCHARGES WHEREAS, in compliance with The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.), discharging certain materials to Municipal Separate Storm Sewer Systems is prohibited; and WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, and Whatcom County was granted coverage; and WHEREAS, Section S.5.C.3 of the Washington Phase II Municipal Stormwater Permit requires all permittees to adopt appropriate ordinances and policies prohibiting illicit discharges and illegal dumping, and establishing enforcement mechanisms for those policies; and WHEREAS, the accompanying proposed ordinance is in the best interest of public health and welfare; and WHEREAS, the Whatcom County SEPA official issued a Determination of Non -Significance on June 16, 2009, and a Public Hearing is scheduled for July 21, 2009, on the accompanying proposed ordinance; and WHEREAS, in addition to the language in the accompanying proposed ordinance, Whatcom County should, as a matter of policy and for the benefit of staff and public, address the preferred approach to enforcement of the prohibitions against illegal discharges and prohibited connections, and should also address the manner in which detection, assessment, and abatement of such discharges and connections will be pursued in designated NPDES Phase II areas; NOW, THEREFORE, BE IT RESOLVED that the policies contained in the attached Exhibit A are hereby adopted as guidance for County staff in the administration of the provisions of the interim ordinance that prohibits illegal discharges into the County's Municipal Separate Storm Sewer System and illegal connections through which such discharges may be channeled. APPROVED this day of 12009. ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Daniel L. Gibson Assistant Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 0 EXHIBIT A Whatcom County will address any category of discharges other than those already listed in the illicit and illegal discharge ordinance if the discharges are identified by responsible regulatory authorities with jurisdiction over the County as significant sources of pollutants to waters of the State. The County will also implement the following: A. A progressively increasing enforcement strategy, including the enforcement provisions of the ordinance. 1. Written warning with voluntary compliance. May be applied to first time, minor violations. Educational materials and informational assistance will be provided to the violator. 2. Compensatory actions such as community service related to stormwater education or mitigation in lieu of penalty or enforcement proceedings. Requires a formal written agreement between the Director and the violator. 3. Written notice of violation ordering compliance. 4. Civil penalties. Includes daily financial penalty imposed by a judicial authority for each day the violation remains unfixed. 5. Criminal prosecution. Applies to intentional and flagrant violations of this Chapter. Each day discharge continues shall be considered a separate offense which can result in fines and imprisonment. 6. Emergency Cease and Desist order. Applies when this Chapter continues to be violated. Requires immediate compliance with this Chapter by halting operations and/or terminating discharges. 7. Disconnection from the MS4. Applies to illicit connections to IVIS4, to illicit discharges in emergency situations, or continued failure of the property owner to comply. B. An ongoing program to detect and address non-stormwater discharges, spills, illicit connections and illegal dumping into the County's MS4. Procedures for locating priority areas for Illicit Discharge will at a minimum include: 1. Consideration of which land uses and associated business/industrial activities are present. 2. Attention to areas where complaints have been registered in the past. 3. Attention to areas with storage of large quantities of materials that could result in spills. 4. Field assessment activities, including visual inspection of priority outfalls identified above, during dry weather and for the purposes of verifying outfall locations, identifying previously unknown outfalls, and detecting illicit discharges. 5. Completion of a Baseline Drainage System Inventory: Stormwater facilities include the stormwater conveyance system (i.e., stormwater pipe, ditches, catch basins, and other structures) and retention/detention facilities. In accordance with (Section S5.C.3.a of The Western Washington Phase II Municipal Stormwater Permit) the County will complete a map of the Municipal Separate Stormwater Sewer System (MS4) in the affected areas. 5 II. The County will assess the nature of, and potential public or environmental threat posed by, any illicit discharge found by or reported to the County. Assessment procedures will include detailed instructions for evaluating whether the discharge must be immediately contained and steps to be taken for containment of the discharge. A. Compliance with this provision will be achieved by investigating (or referring to the appropriate agency) within 7 days, any complaints, reports or monitoring information that indicate a potential illicit discharge, spill, or illegal dumping. Immediately investigating (or referring) problems and violations determined to be emergencies or otherwise judged to be urgent or severe. B. Compliance with this provision will be achieved by initiating an investigation within 21 days of a report or discovery of a suspected illicit connection to determine the source of the connection, the nature and the volume of discharge through the connection, and the party responsible for the connection. Upon confirmation of the illicit nature of a storm drain connection, termination of the connection shall be verified within 180 days, using enforcement authority as needed. 0• WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2QQ9 316 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: rrI E E v p p E D %1"71"09 Intro Division Head: J U N 2 9 2009 7121109 Finance/Council Dept. Head: W H ATC O M COUNTY U NCIL Prosecutor: to Purchasing/Budget: f`Q�G� Q 9O Executive: TITLE OF DOCUMENT: Establishing a Yew Street Road Construction Fund ATTACHMENTS: Ordinance Establishing a Yew Street Road Construction Fund SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes (X ) 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.) This ordinance will establish the Yew Street Road Construction Fund for the construction of roadway improvements to a portion of Yew Street Road from Kingsmill to Tacoma (-1500 LF), to include 12-ft travel lanes, 5-ft shoulders, curb/gutter and sidewalks both sides of the roadway, safety improvements, and drainage upgrades. COMMITTEE ACTION. COUNCIL ACTION: 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconLwa.us1counciL 7 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 42 43 44 45 46 47 48 49 50 51 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 7/7/09 ORDINANCE NO. ESTABLISHING A YEW STREET ROAD CONSTRUCTION FUND WHEREAS, Whatcom County Public Works will be constructing roadway improvements on Yew St Rd from Kingsmill Rd to Tacoma Ave (N1500 LF), to include construction of.12-ft travel lanes, 5-ft shoulders, curb/gutter & sidewalks both sides of the roadway, safety improvements, and drainage upgrades; and WHEREAS, STP grant funding of $2,228,000 will be available and REET II funds are available to contribute $1,672,000 to complete this project; NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund is hereby established, effective June 23, 2009 titled "Yew Street Road Construction Fund". This fund shall be used to account for the costs and revenues for the construction of said portion of Yew Street Road. ADOPTED this day of , 200_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Proses r Page 1 Seth Fleetwood, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: WHATCOM COUNTY COUNCIL AGENDA BILL NO. AR20OS-3 i 7 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: CC EE VE07/21/09 717109 Intro Division Head: J U Iq 2 9 2009 WHATC/�C��iCOUNTY FinancelCouncil Dept. Head: Prosecutor: L Purchasing/Budget: /`. �P�f� C O U N C I L Executive: AA TITLE OF DOCUMENT. 2009 Project Budget Request No. 2 ATTACHMENTS. Ordinance & Supplementary Budget Requests SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes (X ) 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 speciftc and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Project Budget No. 2 requests funding from the Yew Street Road Construction Fund: (1) To appropriate $3,900,000 for completion of Preliminary Engineering ($360,000), Right -of -Way acquisition costs ($265,000), and Construction & Construction Engineering costs ($3,275,000) for the Yew Street Road project. From the REET II Fund: (2) To appropriate $1,672,000 to fund a transfer to the Yew Street Road Construction Fund for completion of Preliminary Engineering, Right -of -Way acquisition costs, and County funding of construction costs. COMMITTEEACTION.• COUNCIL ACTION. 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. �1 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 42 43 44 45 46 47 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: ORDINANCE NO. 7/7/09 PROJECT BUDGET No. 2 - YEW STREET ROAD CONSTRUCTION FUNDING WHEREAS, Whatcom County Public Works will be constructing roadway improvements on Yew St Rd from Kingsmill Rd to Tacoma Ave (N1500 LF). The improvements will include construction of 12-ft travel lanes, 5-ft shoulders, curb/gutter & sidewalks both sides of the roadway, safety improvements, and drainage upgrades; and WHEREAS, Whatcom County has previously expended $516,244.42 for said project; and WHEREAS, Preliminary Engineering and Right -of -Way acquisition are ready to be completed prior to construction of the project; and WHEREAS, funding is available from STP grant funding and the REET II Fund for these purposes, and Whereas, Section 6.80 of the Whatcom County Home Rule Charter provides for project - based capital budget appropriation ordinances, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the following capital budget appropriation is hereby approved: Expenditures Revenues Net Effect Yew Street Road Construction Fund $3,900,000 3 900 000 -0- REET II Fund $1,672,000 -0- $1,672,000 Total Local Funds $5,572,000 $3 900 000 1 672 000 ADOPTED this day of , 200_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council PR E S TO FOR �_J Civil Deputy Pro cutor Page 1 Seth Fleetwood, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved Date Signed: _ ( ) Denied 10 WHATCOM COUNTY Summary of 2009 Project Budget Ordinance No. 2 — Yew Street Road Construction Project Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease To fund completion of Yew Street Road Yew Street Road Construction Fund Construction Project $3,900,000 3 900 000 -0- To fund transfer to Yew Street Road REET II Fund Construction Fund $1,672tOOO -0- 1 672 000 Total Whatcom County Portion $5,572,000 3 900 000 $1,672,000 Page 2 11 Supplemental Budget Request Status: Pending Public Works Administration Supp'l E # 838 Fund Cost Center Originator. Peggy Leviton Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Yew Street Road Construction X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.2022 STP (Surface Trans Prog ($2,228,000) 6630 Professional Services $360,000 7320 Land $265,000 7380 Other Improvements $3,275,000 8309 Interfund Transfer In ($1,672,000) Request Total $0 1a. Description of request: Provide funding for the following to complete CRP #998001, Yew Street Road Construction: Right -of -Way Acquisition: $265,000 Completion of Preliminary Engineering: $360,000 Construction & Construction Engineering: $3,275,000 1b. Primary customers: Residents of Whatcom County driving along Yew Street Road. 2. Problem to be solved. STP Funding of $2.2 million has been obtained for this project. Whatcom County local funds of $1.7 million are needed to fund the remainder. Whatcom County Council has indicated that REET II funds are to be used for this project. 3a. Options /Advantages: County Council has considered this to be the best option. The other option is to abandon the project. 3b. Cost savings: 4a. Outcomes: The portion of Yew Street Road which fronts Wade King Elementary School will be safer for pedestrians, specifically school children. 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. Joe Rutan, County Engineer 6. Funding Source: REET II funds will provide the $1.7 million local funds needed. STP funds will provide $2.2 million Friday, May 29, 2009 Rpt: Rpt Supp! Regular 12 Supplemental Budget Request Status: Pending Non -Departmental Supp'! to # 84o Fund 324 Cost Center Originator. Marianne Caldwell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: County portion of funding for Yew St Rd project X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,672,000) 8351 Operating Transfer Out $1,672,000 Request Total $0 la. Description of request: $1,672,000 of local funding is needed, in addition to a $2,228,000 federal grant, to complete the Yew Street Road construction project. See Suppl ID #838. This supplemental project budget requests that this funding come from REET II funds set aside for public works projects. 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 fund balance Friday, May 29, 2009 Rpt: Rpt Supp! Regular 13 �com Cp 9SN IN GS Yew St Rd Phase II Improvements: 2009-2010 Project Costs 4/28/09 TIB Project 8-2-037(007)-1 CRP 998001 * All cost in thousands of dollars 2009-2010 ESTIMATED COSTS Phase PE RW CN CE Year Consultant County Consultant County Contractor County Consultant County TOTAL 2009 210 100 0 240 0 0 0 0 $550 2010 25 25 0 25 2,900 0 75 300 $3,350 SUMS $235 $125 $0 $265 $2,900 $0 $75 $300 $3,900 PROJECTED FUND DISPERSEMENT BY YEAR Funding Source I Local Funds TIB STP TOTAL Year $550 2009 550 0 0 2010 1,122 0 2,228 $3,350 SUMS $1,672 $0 $2,228 $3,900 Local Funds TIB STP ESTIMATED TOTAL PROJECT COST = $3,900 14 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AR2009-31$ CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 7/7/09 Intro Originator: p I� 0 �� Division Head: 7121109 Finance L� IDCommittee; J UN 2 9 2009 Council Dept. Head: WHATCOM COUNTY COUNCIL Prosecutor.- Purchasing/dge[: Executive: TITLE OF D(OCUMENT.• 2009 Supplemental Budget Request #8 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 RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #8 requests funding from the General Fund: (1) To appropriate $300,000 in Health Departmental to fund HINT Flu Response. (2) To appropriate $41,624 in Sheriff Department to fund DHS LETPP FFY2007 Grant. From the Whatcom County Jail Fund. (3) To appropriate $41,000 to fund phone cards. From the Homeless Housing Fund. (4) To appropriate $173,800 to fund increase in homeless housing fund. From the County Wide Emergency Medical Services Fund: (5) To appropriate $350,000 to fund transfer of add'l EMS -Criminal Justice Funding to General fund. From the LEOFF I Fund. (6) To appropriate $1,200, 000 to fund transfer of portion of LEOFF I fund to General fund. From the Minimum Security Jail Construction Fund: (7) To appropriate $169,824 to fund transfer of residual equity of Minimum Security Jail Construction fund to General fund From the Administrative Services Fund. (8) To appropriate $348,059 to fund transfer of building repair and replacement balance to General fund. COMMITTEE ACTION. COUNCIL ACTION: 7/07/2009: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number: 15 SPONSORED BY: Finance PROPOSED BY: Executive INTRODUCTION DA"fE: 7/7/09 ORDINANCE NO. AMENDMENT NO. 8 OF THE 2009 BUDGET WHEREAS, the 2009-2010 budget was adopted November 25, 2008; and, WHEREAS, changing circumstances require modifications to the approved 2009-2010 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 2009- 2010 Whatcom County Budget Ordinance #2008-053 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect Total General Fund 341,624 (41,624) 300,000 Jail Fund 41,000 - 41,000 Homeless Housing Fund 173,800 (230,000) (56,200 County Wide Emergency Medical Services Fund 350,000 - 350,000 LEOFF I Fund 1,200,000 - 1,200,000 Minimum Security Jail Construction Fund 169,824 - 169,824 Administrative Services Fund 348,059 - 348,059 Total Add'1 Supplemental 2,624,307 271,624 2,352,683 In addition, Exhibit B to the 2009-2010 Budget Ordinance entitled "Authorized Positions" should be amended to include the following FTE: Increase 1 FTE Senior Planner (Watershed Coordinator) in Public Works for the Birch Bay Subzone. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: , 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: I:\BUDGET\SUPPLS\2009_Suppl\Supplementa1 #8-2009.doc 16 WHATCOM COUNTY Summary of the 2009 Supplemental Budget Ordinance No. 8 Net Effect to Fund Increased Balance Expenditure (Increased) (Increase) Department/Fund Description Decrease Revenue Decrease General Fund Health Department To fund H1 N1 Flu Response 300,000 - 300,000 Sheriffs Department To fund DHS LETPP FFY2007 Grant 41 624 (41,624) - Total General Fund 341:624 (41,624) 300,000 Jail Fund To fund phone cards 41,000 41,000 Homeless Housing Fund To fund increase in Homeless Housing 173,800 (230,000) (56,200) Fund County Wide Emergency Medical To fund transfer of add'I EMS- Criminal Services Fund Justice funding to General fund 350,000 - 350,000 LEOFF I Fund To fund transfer of portion of LEOFF 1 1,200,000 - 1,200,000 fund to General fund Minimum Security Jail To fund transfer of residual equity of Construction Fund Minimum Security Jail Const Fund to 169,824 - 169,824 General fund Administrative Services Fund To fund transfer of building repair and replacement balance to General fund 348,059 - 348,059 Total Add'I Supplemental 2.624.307 271 24' 2.352.683 17 Expenditures Revenues Net Effect General Fund 341,624 fjj&24 300,000 Jail Fund 41,000 - 41,000 Homeless Housing Fund 173,800 (230,000) (56,200) County Wide Emergency Medical Services Fund 350,000 - 350,000 LEOFF I Fund 1,200,000 - 1,200,000 Minimum Security Jail Construction Fund 169,824 - 169,824 Administrative Services Fund 348,059 - 348,059 Total Add'I Supplemental 1 2,624,3071 (271,624)1 2,352,683 IN WHATCOM COUNTY Health Department Memorandum TO: Pete Kremen, County Executive Pb FROM: Regina Delahunt, Director DATE: June.17, 2009 RE: Supplemental Budget — HI NI and Homeless Housing Regina A. Delahunt Director Greg Stern, M.D. Health Officer JUN 19 `1..009 PETE K ;Ei4IEN COLIN'Pf EXECU-1IVE I am submitting two supplemental budget requests. The first one is to appropriate funding for antiviral medications and supplies to be used in the event of a pandemic flu outbreak and the second appropriates new homeless housing revenues authorized by the 2009 legislature in HB 2331. Council resolution 2009-031 authorized the purchase of antiviral medications and supplies to be used in the event of a pandemic flu outbreak. With this purchase, we will have sufficient antivirals on hand to treat 25% of the county population. We are developing agreements with pharmacies and updating our Pandemic Influenza Plan to be prepared for dispensing medications if necessary. The state legislature passed HB 2331 earlier this year which increases the homeless document recording fee from $10 per document to $30 per document. The purpose of this increase is to provide additional homeless housing resources in anticipation of greater need resulting from the downturn in the economy. We intend to use the majority of these funds to meet the increased need in the Whatcom Homeless Service Center (WHSC). The WHSC is finding that households are requiring support for longer periods than anticipated because of higher unemployment and unavailability of jobs. This statute provides that 6% of collections can be used for administration of the program therefore we are requesting that 6% be transferred to the General Fund to meet the indirect costs of the homeless housing program. If you have any questions about this request please let me know. Cc: Marianne Caldwell ADMINISTRATION 509 Girard Street COMMUNITY HEALTH 1500 North State Street DISEASE RESPONSE Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 ENVIRONMENTAL HEALTH (360)676-6724 . t., Itlta6l�s A..%T.9�A�.tb- (360)676-4593 HUMAN SERVICES FAX (360) 676-7646 HEALTHIER wAsHINGT0,I� (360) 676-6762 19 Supplemental Budget Request Status: Pending Health Disease Response & Control Supp'lID # 849 Fund 1 Cost Center 660530 Originator. Regina Delahunt Expenditure Type: One -Time Year 1 2009 Add'1 FTE ❑ Add1 Space ❑ Priority Name of Request: H1N1 Flu Response Departm Head Signature (Required on Hard Copy Submission) Date Costs: I Object Object Description 6370 Medical Supplies Request Total 1a. Description of request: Amount Requested $300,000 $300,000 Council authorized the purchase of antiviral medications with Resolution 2009-031. This supplemental request establishes the appropriation for that purchase. 1b. Primary customers: Residents of Whatcom County. 2. Problem to be solved: The World Health Organization (WHO) recently raised the Pandemic Alert level to Phase 6 declaring a worldwide novel H1 N1 Flu Pandemic. Whatcom County's allocation of antiviral medications from the Strategic National stockpile is sufficient to treat 15% of the county population. CDC recommends that communities have enough antivirals on hand to treat 25% of the population. Given the current pandemic alert it is in the best interests of the residents to have sufficient antiviral medications available for emergency treatment purposes. This supplemental budget provides the funding to meet this recommendation. In addition it provides funding to purchase personal protective equipment such as masks and gloves. 3a. Options /Advantages: This is the recommended action in this situation. 3b. Cost savings: n/a 4a. Outcomes: Antiviral medications will be used, if commercial supply is unavailable, to control a pandemic flu outbreak. 4b. Measures: Appropriate distribution of necessary stockpiled medication during and emergency to reduce illness and death. 5a. Other Departments/Agencies: n/a 5b. Name the person in charge of implementation and what they are responsible for. Health Department is responsible for appropriate storage, distribution, and tracking of strategic national stockpile (SNS) material. 6. Funding Source: General Fund. Wednesday, June 17, 2009 Rpt: Rpt Suppl Regular 20 WHATCOM COUNTY COUNCIL AGENDA BILL. NO. 2009-235 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: DGD 514109 5/I2109 Finance / Originator- ll E D E C E" " M Council Division Head: MAY 0 5 2009 WHATCOM COUNTY COUNCIL Dept. Head: Prosecutor- Purchasin /Bud et: B� a9 Executive: fOg TITLE OFDOCUMENT: Resolution to approvepurchase of Antiviral Medication in response to the Swine Flu virus. ATTACHMENTS: Cover Memo and Resolution SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO S UMMAR 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.) Resolution to approve purchase of Antiviral Medication in response to the Swine Flu Virus COMMITTEE ACTION.• COUNCIL ACTION: 5/12/2009: Forwarded to Council for approval 5/12/2009: Council Approved 7-0 Res. 2009-031 Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Res. 2009-031 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. 21 O T. .` NN HAT •. ?i Q. COUNTY Yana• s; Con'ncil Clerk APPROVED as to form: Civil Deputy ros ting Attrney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Foe, es. - oqerChair 22 WHATCOM COUNTY CAREY JAMES SHERIFF'S OFFICE uNDERSHERIFF Wk JEFF PARKS BILL ELFO SHERIFF s CHIEF DEPUTY o ART EDGE PUBLIC SAFETY BUILDING '1C CHIEFDEPUTY 311 Grand Avenue Bellingham, WA 98225-4078 STEVE COOLEY (360) 676-6650 CHIEFINSPECTOR WENDY JONES To: Pete Kremen, County E xec tive CHIEF OF CORRECTIONS From: Sheriff Bill Elfo Re: Supplemental Budget Request ID# 851 Department of Homeland Security, Law Enforcement Terrorism Prevention Program (LETPP), FFY2007 Date: June 19, 2009 The attached Supplemental Budget Request seeks authority to spend $41,624.00 from the above grant. This money has been put into Department of Emergency Management's Budget via supplemental #704. At this time, we are requesting a supplement to transfer these funds into the Whatcom County Sheriff's Office budget. We have been given approval from the oversight committee for purchasing additional MDC(computers) for 5 vehicles and the Corrections Transport Vehicle. RECEIVED AI N 2 2 2009 PETE KREMEN COUNTY EXECUTIVE Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. 23 Supplemental Budget Request status: Pending Sheriff Operations supp r ro # 851 Fund 1 Cost Center 2920 Originator: Marvette Gwinner Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Department of Homeland Security LETPP FFY2007 Department ignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6320 Office & Op Supplies $1,70b� 6510------- Tools &Equip -- ------ ^--------- — $39,129 7060 Repairs & Maintenance $795 8301 Operating Transfer In ($41,624) Request Total $0 1a. Description of request. Division of Emergency Management has received an award of $126,895.00 from the Department of Homeland Security (HHS) Law Enforcement Terrorisom Prevention Program (LETPP) for Federal Fiscal Year 2007. Of this $126,898.00 , $41,624.00 has been allocated to the Whatcom County Sheriffs Office. 1b. Primary customers: Citizens of Whatcom County 2. Problem to be solved: Whatcom County has a number of locations at heighted risk for terrorsit attacks, including refineries, fuel transport pipelines, marine ports, an internation airport and an international border. Terrorist incidents that are not prevented or responded to quickly and effectively have the potential to inflict great harm on the lives, property, economy, and environment of Whatcom County. 3a. Options / Advantages: These funds have been awarded specifically to purchase equipment to combat terrorism. This equipment would otherwise have to be funded by local monies or its purchase either delayed or eliminated. 3b. Cost savings: Whatcom County would save $41, 614.00 4a. Outcomes: Approved equipment will be purchsed and received by contract performance period end date. Whatcom County Sheriffs Office has approval from the Washington State Homeland Security Equipment Committee to purchase six (6) MDC (Mobile Data Computers) . This approval includes the mounting assemblies, installation and atennas for these units. 4b. Measures: Monthly monitoring. 5a. Other Departments/Agencies: Information Services. 5b. Name the person in charge of implementation and what they are responsible for: n/a 6. Funding Source: =..-.nabra.,,x,mr.,r.•�-.:.�:-.sx..;.:::..,•.•.:ri.:i•rw:r-rtrczs.:samrae,cr.:n:�m;-�axr,,:.�.; xy-rmv,s:ssx: v:.e.,,;�,; zcx>_rt:•vernrs�a �.•ve..��axe-.-.-u:,rnas:xF3ss�esa:.m:as�nrr.m�.nrmc:z.�. - _ Monday, June 22, 2009 Rpt: Rpt Suppl Regular 24 Supplemental Budget Request status: Pending Sheriff Operations supp l la # 851 Fund 1 Cost Center 2920 Originator: Marvette Gwinner Federal Grant: DHS FFY2007 Law Enforcement Terrorism Prevention Program, CFD #97.074 �-�sss9¢as ,.._ar..agrsiz�w+<r+Wz�m_-;+nacn «�^r_ee��.mi:exsah. ��a-Nrwx.�,vcs^., m.--s%^+es�-»saeasvr, crrvsst,+m�-.v-s..m r...-.r:�°.�r his-�ss;rnvae:<set�.�rm::�•�su *mxrwv.aun-r.m� Monday, June 22, 2009 Rpl: Rpt Suppl Regular 25 MEMORANDUM TO: Dewey Desler, Administrative Service Director FROM: Brad Bennett, Finance Managed DATE: June 25, 2009 SUBJECT: Supplemental Budget Request - Jail Phone Cards The Jail began selling phone cards in 2007 to enable inmates to make international calls. This was a requirement of the new phone system vendor. The vendor provided us with the phone cards however they did not consistently charge us for them. We did not realize that we were not being charged for all cards for several months. We can account for all the cards we received. We resold the cards to inmates and deposited the proceeds in the Jail Fund. This supplemental is necessary to pay vendor for the balance of the phone cards we received. 26 Supplemental Budget Request Status: Pending Jail Supppl ID # 854 Fund 118 Cost Center 118000 Originator Wendy Jones Expenditure Type: One -Time Year 1 2009 Add'I FTE Add'I Space Priority 1 Name of Request: Phone Cards X Department Head Signature (Required on Hard Copy Submission) Costs: Date Object Object pescrlpdon Amount Requested 6480 Purchases For Resale $41,000 Request Total $41, 000 1a. Description of request: This request is to cover the costs of offender phone cards which were purchased for resale. The system of accounting for the purchase and resale of these phone cards was altered by ADS Finance in 2008, and the Corrections Bureau's budget was not adjusted at the time of the change. This resulted in a debt that is still owed the vendor for the phone cards themselves. The revenue from the sale of the cards was posted in both 2008 and in 2009. This will be a one time charge, as the jail has changed the system for inmate phone use and is no longer using the phone card system. 1b. Primary customers: N/A 2. Problem to be solved: The vendor is owed for items purchased for resale and this charge was not addressed during the 2009/2010 budget cycle. Whatcom County has already recognized the revenue created by the resale of these cards, and needs to pay the vendor. 3a. Options / Advantages: There are no other options available to us. 3b. Cost savings: N/A 4a. Outcomes: The debt will be cleared with the vendor 4b. Measures: The Account will show paid. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: The jail sales tax fund. Wednesday, June 24, 2009 Rpt: Rpt SupplRegular 27 FSH s COMMUMCations 100 West Monroe Suite 2101 Chicago, IL 60603-1927 Bill To Whatcom County Jail 311 Grand Avenue Bellingham, WA 98225 Phone # 312-269-9937 Invoice Date Invoice # 4/24/2009 WHTCTY42409 Terms Due Date 4/24/2009 Description Amount Reflects running total for Inmate Debit/Prepaid Cards that were shipped prior to 41,000.00 3/ 16/09 Debit Cards @ $20 (Please see Excel Spreadsheet for details) Invoice reflects cards shipped from 8/7/08 - 3/16/09 - $41,000 was balance owed at time we changed billing system Sales Tax Total 0.00 $41,000.00 WHATCOM COUNTY Health Department Memorandum TO: Pete Kremen, County Executive Pb FROM: Regina Delahunt, Director DATE: June 17, 2009 RE: Supplemental Budget — HI N1 and Homeless Housing Regina A. Delahunt Director Greg Stern, M.D. Health Officer ,... .fir LY-=` PE T it KRE__i.-1EN OLIN;-,' EXE jU IVE I am submitting two supplemental budget requests. The first one is to appropriate funding for antiviral medications and supplies to be used in the event of a pandemic flu outbreak and the second appropriates new homeless housing revenues authorized by the 2009 legislature in HB 2331. Council resolution 2009-031 authorized -the purchase of antiviral medications and supplies to be used in the event of a pandemic flu outbreak. With this purchase, we will have sufficient antivirals on hand to treat 25% of the county population. We are developing agreements with pharmacies and updating our Pandemic Influenza Plan to be prepared for dispensing medications if necessary. The state legislature passed HB 2331 earlier this year which increases the homeless document recording fee from $10 per document to $30 per document. The purpose of this increase is to provide additional homeless housing resources in anticipation of greater need resulting from the downturn in the economy. We intend to use the majority of these funds to meet the increased need in the Whatcom Homeless Service Center (WHSC). The WHSC is finding that households are requiring support for longer periods than anticipated because of higher unemployment and unavailability of jobs. This statute provides that 6% of collections can be used for administration of the program therefore we are requesting that 6% be transferred to the General Fund to meet the indirect costs of the homeless housing program. If you have any questions about this request please let me know. Cc: Marianne Caldwell ADMINISTRATION 509 Girard Street a COMMUNITY HEALTH 1500 North State Street DISEASE RESPONSE Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 ENVIRONMENTAL HEALTH (360) 676-6724 ALWAYS WORKING FOR A SAFER ANt (360) 676-4593 29 HUMAN SERVICES FAX (360) 676-7646 HEALTHIER WASHINGT+;1N (360) 676-6762 Supplemental Budget Request Status: Pending Health Human Services SuppllD# 850 Fund 122 Cost Center 122100 Originator: Terry Hinz Expenditure Type: One -Time Year 1 2009 Add'I FTE Add'I Space ❑ Priority 1 Name of Request: Increase in Homeless Housing Fees X - - 07 Departmen ead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4341.2700 Auditor Filing -Homeless ($230,000) 6610 8351 Contractual Services Operating Transfer Out $160,000 $13,800 Request Total ($56,200) 1a. Description of request: The 2009 legislature increased the homeless housing recording fee from $10/document to $30. Collection of this fee increase will begin late July. This fee increase is intended to assist the increasing number of homeless individuals resulting from the economic downturn. The funds will be used to increase rental assistance provided by the Whatcom Homeless Service Center. 1b. Primary customers: Homeless households and those at risk of becoming homeless. 2. Problem to be solved: The cost of preventing homelessness and housing homeless families has been greater than anticipated due to the declining economy and increasing unemployment. This supplemental budget will provide increased funding to the Whatcom Homeless Service Center so that homeless families and those at risk of homelessness can receive assistance for a longer period of time during this economic downturn. 3a. Options /Advantages: The other options are to serve fewer families for a longer period of time or to stop support for families when the budgeted allocation ends. The legislative intent of the increase in homeless recording fees was to meet the increased need for homeless support during this economic downturn. Because of this the most appropriate course of actidn is to provide support for a longer term to those in need. 3b. Cost savings: n/a 4a. Outcomes: The Whatcom Homeless Service Center (WHSC) will meet or exceed the goals established in their contract. 4b. Measures: WHSC reports on activity at every Housing Advisory Board meeting. 5a. Other Departments/Agencies: no 5b. Name the person in charge of implementation and what they are responsible for. n/a 6. Funding Source: Homeless housing fees, fund 122. Wednesday, June 17, 2009 Rpt• Rpt Suppl Regular 30 Supplemental Budget Request Status: Pending Non -Departmental Supp'l ID #-8467 Fund 130 Cost Center 130200 Originator. Marianne Caldwell ..... .... ..- - .. __ ........... ....... .. _. .. Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Transfer add? EMS -Criminal Justice funding to GF _00 �_ Department Oead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($350,000) 8351 Operating Transfer Out $350,000 Request Total $0 la. Description of request: Transfer additional funding from the criminal justice portion of the EMS Sales Tax Fund to the General Fund. 1b. Primary customers: Recipients of law & justice services of the General Fund 2. Problem to be solved. Due to a downturn in revenues and a declining fund balance, the General Fund is in need of funding to bridge the gap between the current level of expenditures and the current level of revenues. This funding will be a stop -gap measure while the Executive and the Council adopt measures to bring spending levels back into alignment with incoming revenues. -fhe EMS Sales Tax fund must be spent 2/3rds for EMS services and 113rd for Criminal Justice services. Funding for criminal justice services comprises 50% of the General Fund expenditure budget. The Criminal Justice portion of the EMS Sales Tax Fund balance at the beginning of 2009 was $532,895. The fund currently provides a transfer to the General Fund of $658,740 per year to support positions in the Sheriffs Office and the Prosecuting Attorney's Office added during the 2007-2008 biennium. The EMS Sales Tax Fund is subject to non -supplanting requirements in 2009; however, decreases in General Fund sales tax and interest income revenues dictate that transferring funds out of the Criminal Justice portion.of the EMS Sales Tax fund balance would not constitute a violation of those non - supplanting requirements. The Executive proposes transferring as much of the criminal justice portion of the fund balance as possible to the General Fund. The amount of the transfer is subject to how much declining tax revenues will allow and still maintain the currently budgeted operating transfers for 2009 and 2010. 3a. Options /Advantages: Do not transfer stop -gap funding from available sources and instead take severe measures to reduce spending in the General Fund immediately. 3b. Cost savings: None 4a. Outcomes: The immediate outcome is to help the County take a more thoughtful approach to "gliding" into a reduced level of spending. 4b. Measures: Success will be measured by not having to take drastic actions to reduce spending all at once. +:ls o'S� �E95A4^]23+�'.-n.._]:.`ev-:vx.:. 3.+��.�.v.W:r,31 _?4AY:>J; ✓.»I:G' y3� �v 3. C.� aF.'_-.... J... �',]�_l.. .�f .�.ct. .... �... �_... ��T�. �.a.-,.�.3.� 3>.�s �vilSd:,....-;*..mISC+M. '['R�.��wvic.tl...fCT:v'<.rb�i Thursday, June 04, 2009 Rpt: Rpt Suppl Regular 31 Supplemental Budget Request States: Pending Non -Departmental I spp l/ io # a4s Fund 130 Cost Center 130200 Originator: Marianne Caldwell 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: Countywide Emergency Medical Services Fund Balance -- Criminal Justice portion •:�sG-�,r..s�c�:v�av�xur �.a.•��.uz�;v;,vr.-'^.: �,-::•.rzs, z�:>��,:-xv:.:�xu._��:..:=c....zertxe>s�:.J��syv�_�c���:_-a�.cz.:•i;sux,:_•er:>:rmc_sssn..ae_.st.�r..n.._....�,uress�,::ir_�.aevy�.,.z. :s�...F�...�_,v�.,x.�.. Thursday, June 04, 2009 Rpt: Rpt Supp! Regular 32 Supplemental Budget Request states: Pending Non -Departmental Supp7 ID # 843 ; Fund 137 Cost Center 137100 Originator: Marianne Caldwell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: LEOFF I Fund Transfer to General Fund x _ Department He Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($1,200,000) 8351.001 Operating Transfer Out $1,200.000 Request Total $0 J 1a. Description of request: Transfer $1.2 million of LEOFF I fund balance to the General Fund. 1b. Primary customers: Recipients of operations supported by the general fund. 2. Problem to be solved: Due to a downturn in revenues and a declining fund balance, the General Fund is in need of funding to bridge the gap between the current level of expenditures and the current level of revenues. This funding will be a stop -gap measure while the Executive and the Council adopt measures to bring spending levels back into alignment with incoming revenues. $3.5 million to set up a reserve for LEOFF I retiree healthcare liabilities was voluntarily transferred out of the General Fund in 2007. The liability for healthcare for the County's 25 remaining retirees is expected to occur spread out over the next 30 years. fhe County will still need to fund those liabilities but they will not all occur within the next few years. The current cashflow needs of the General Fund are of more immediate concern. The Executive proposes transferring $1.2 million back to the General Fund -in 2009 and another $600,000 in 2011. 3a. Options/Advantages: Do not transfer the stop -gap funding from available sources and instead take severe measures to reduce spending in the General Fund immediately. 3b. Cost savings: None 4a. Outcomes: The immediate outcome is to help the County take a more thoughtful approach to "gliding" into a reduced level of spending. 4b. Measures: Success will be measured by not having to take drastic actions to reduce spending all at once. 5a. Other Departments/Agencies: May eventually have an impact on General Fund expenditure levels in the future if the economy does not recover. 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: LEOFF I Healthcare Fund fund balance ;cn.raa.sr+Fsa �s asses; cxi.Av. ,^un_._.n., _ .� ..<:.,<,... .m.�i .r,s,.:tia�r._... �..... �.._...,._..,r_..,.,.sc_�,.._.rwzs::u.:vr�;:nzw.r�:,�as,..s ..�.- .i .ic••���o« �,±z_F_ _.. .. ... e;z:�•.v�.=.al:•v.:vs Thursday, June 04, 2009 Rpt: Rpt Supp! Regular 33 {{ .,. Cast��nt�er+�ccbttnt[�lt�rYtf�er , � rLe�S�erTy�� ,_ {TE�rGCrat��` '' HccautrNsanbe is. fo�ral IT��xeaf;Brl�n�e� l ,, Ltal € � � �„{ �' +r ��aq�y� - `3�- Y y r-ri-t4� G-S,`� ��k- 5- � S< � V t S r v 1v 'SF' - ■ � r ,. - Ltic�e tigr11 i �eGncp4i lr.ocl` doh ,.� SM 1 ,h- 4 ,,(''-3 j' j 4 .h - "_ T .. ..: '.A:.. fS•...., _ I . J. f. . - '�M1;1,::: W 137. 29113, 213013 n Closing Unres Fund E 3, 500, 0U0.00 >r a 500 Undesignated Unr es �' 137.3999 5 , ,000.00 YTD Excess Revenues 0 �.. -A 137:9999 9 Budget Control Rc � y t YTD Excess Revenue s�; f Fund Equity 3,500,000.00 Liabilities and Fund 3,500,000.00 g, LEOFF I Healthcare Fu � ` u N or .-;---m�•,.:'.:<^=. +.w. v ! --..-. a 4 . .,�::' - :;a. �,.n; ;� ; .; c. tar: > s. "-�.;r'-� �•;�i ••, _y.�- _•.. sc=..n n.c' ice^_,. :: �,s -f'T'k•`.. ., '�'•,�`�.._ .., .,:'.�'.�'.'.--- y�,.. .e....-:'... f. t.-.-a'l .�e.'.3vaa ..�_:i :.�:.,.. v..SF;�.—, - _ _.1--.`��i. J•'j-^ `-+'`1•'::a!%xy.: }. ",,. G. w4..z � .. W_ r". na•.l 'a,W4`� :. Y;=tv)-..4_.- ..c�,..+`Tx aG.. +i^ v Y"''•'w�'}^: ,. ��\'•> �} �u . ';i i.... •_- y','-� '`1' 4 '+-1 E .v. „�I i• .� k ::�.'�.•o Yt3+ 1'ti y'� �'S•�i I`fl f 5 1.�t it. k1i� �tl lC^N -. t vr}C y•.: � 'At `T =:''• J'iC 7 _.. �<''4 �- �tw� 'yr.: �:'i°'�i mi' �� '. 11F ,J-Y "A�)' t:[ ?'.�? c3.Yx# s�<S�.2ieD�-+�•i.sisziti�3LS�_-._�`-�i..'-ik;3'd'1fir�Y .'':'F'1v 42ct.�+i..0 .?.Z�:J�'c 'y:.�-'S C i 'T:'� �?�•�'� rliti.a _a-_n...:.. _53...v. aft '�i:_, ..��x�. ?::��.�}Ys'Y'a'MS's3a.' -1 34 Supplemental Budget Request Status: Pending Non -Departmental S� upp'l ID # 845 J Fund 333 Cost Center 333100 Originator. • Marianne Caldwell .. ._ .... - ._ _ ......... - _. _ ..... .-......... Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Trf Residual Eqty of Min Security Jail Const Fund XA: "'-- ----- --- -- -- - -� -' -- Department Fdead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance ($169,824) 9201 Residual Equity Trans -Out $169,824 J Request Total $0 1a. Description of request: Transfer the fund balance remaining in the Minimum Security Jail Construction Fund to the General Fund. 1b. Primary customers: Recipients of services of the General Fund. 2. Problem to be solved: Due to a downturn in revenues and a declining fund balance, the General Fund is in need of funding to bridge the gap between the current level of expenditures and the current level of revenues. This funding will be a stop -gap measure while the Executive and the Council adopt measures to bring spending levels back into alignment with incoming revenues. The Minimum Security Jail Construction project was completed in 2007. The General Fund contributed $250,000 to the project. There is a cash balance of $169,824 left in the construction fund. The Executive proposes that this residual equity amount be transferred to the General Fund. 3a. Options /Advantages: Do not transfer stop -gap funding from available sources and instead take severe measures to reduce spending in the General Fund immediately. 3b. Cost savings: None 4a. Outcomes: The immediate outcome is to help the County take a more thoughtful approach to "gliding" into a reduced level of spending. 4b. Measures: Success will be measured by not having to take drastic actions to reduce spending all at once. 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: Minimum Security Jail Construction Fund fund balance ::a;:a=:, rs�r:.:a��:.a�,ssrauz;.mzi...;�-�_�,.nr_..axw.le:vx-y^.:Ysc.>>m �„ --..:,�.��.,. -. r� -..——x:s•:�_sv&•.x;�,;;,n.:zavxz:_..., .._�..z��., ..;��� Thursday, June 04, 2009 Rpl: Rpt Suppl Regular 35 36 Supplemental Budget Request Status: Pending Administrative Services Administration 5upp'l ID # 848 Fund 507 Cost Center 507800 Originator: Marianne Caldwell Expenditure Type: One -Time Year 1 2009 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Transfer balance of BR&R funds to GF X /CX, Department 1144ad Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2880.1000 Retained Earnings ($348,059) II 8351 Operating Transfer Out $348,059 Request Total $0 la. Description of request: Transfer the remaining balance of the Building Repair & Replacement (BR&R) funds to the General Fund. 1b. Primary customers: Recipients of services funded by the General Fund. 2. Problem to be solved. Due to a downturn in revenues and a declining fund balance, the General Fund is in need of funding to bridge the gap between the current level of expenditures and the current level of revenues. This funding will be a stop -gap measure while the Executive and the Council adopt measures to bring spending levels back into alignment with incoming revenues. In the 2009-2010 biennial budget process the Council decided to forego several carpeting projects and transfer the funding for those projects to support General Fund operations. The current economic situation requires that the remaining amount of funds available in the Building Repair & Replacement cost center also be transferred to support the General Fund. In addition, two projects approved to be funded out of BR&R in 2009 will be resubmitted and requested out of REET I funding so that the budget authority can be used to transfer an additional $206,700 to the General Fund. 3a. Options /Advantages: Do not transfer the stop -gap funding from available sources and instead take severe measures to reduce spending in the General Fund immediately. 3b. Cost savings: None 4a. Outcomes: The immediate outcome is to help the County take a more thoughtful approach to "gliding" into a reduced level of spending. 4b. Measures: Success will be measured by not having to take drastic actions to reduce spending all at once. 5a. Other Departments/Agencies: No 5b. Name the person in charge of implementation and what they are responsible for: N/A 6. Funding Source: Administrative Services Fund Balance -- BR&R funding .✓s'��,,iT/.i;'vc:Sa^.CYu2�``"�LrslSSic:x{L YeS>]�ib i.+�' J'r�i51:: EMYi{r�'.��LYx'se4.'__- - .;..�a+:vY�'ait'i4!64.1I _=v_. .'..�..�a.�—Kfb.�:1Lw.���.,�._ ..t .,s..���.< LLL"u^41:..a:'.�. {:i...: l' " i.F2.-L: �: {'�5e9+:-e.3 Thursday, June 04, 2009 Rpt Rpt Suppi Regular 37 N Z O O CD M. O Q � O OL c -0 N N N p N N N N N N N N O_ O O y O CD CD O O O O O V m W O O COD CD Cb Cn A N M N V M OVO O O O O O 00 O OVO O O O O O O O NO O CD O CD O O O O O O tsi m x m CP N j N) to O POP )) O_ N W W W W A � O� N N O m y Ul Cn OO (0 V O v v vA Cp v V4 w , 641) .. ID CD A V O y CVTI 0) co w w O m O CD A OO p CP p CA p p CA O CTI CP OO .y. V A m v O - O � COTI Co 0 Ui V O CD O 0 O N W w CD O co A O O O N :3 = n 0 n � '+ 90 '. C) O ci O CD GG) TI O -n CD C) CS O G) n m N i a 3 5' N� d cD Cl) <D 0 cD N W ii w WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-322 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JM 6118109 �'' Q C ' C\ /� nn EE U �% U 7121109 Finance/Coup Division Head: I,�J L 14 2009 Dept. Head: ��HATCO COUNTY COUNCIL Prosecutor: e 1�`�1 ^1 ! G Purchasin /Bud et: hoc Executive: TITLE OFDOC ENT.- 1011trAct amendment between Whatcom County and Opportunity Council for Whatcom Homeless Service Center Administrati a Services. ATTACHMENTS: 1. Memorandum Z Contract SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes .(X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The purpose of this contract is to provide programmatic and administrative services related to the operation of the Whatcom Homeless Service Center. 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. ii 39 WHATCOM COUNTY Health Department 509 Girard St. Bellingham, WA 98225 MEMORANDUM Regina A. Delahunt, Director TO: Pete Kremen, County Executive ,; FROM: Regina A. Delahunt, Director RE: Opportunity Council, Whatcom Homeless Service Center Administrative Services, Amendment #4 DATE: June 30, 2009 Enclosed are two (2) originals of a contract amendment between Whatcom County and Opportunity Council for your review and signature. ■ Background and Purpose The purpose of this contract is to provide programmatic and administrative services related. to the operation of the Whatcom Homeless Service Center (WHSC). ■ Funding Amount and Source The sources of funding for this contract are County -held ESSHB 2163 and HB 1359 (i.e. document recording fees) and a state -funded Homeless Grant Assistance Program grant from the Washington State Department of Community, Trade, and Economic Development. Funding for this contract is included in the current budget. Council approval of this amendment is required, and an Agenda Bill is attached. ■ Differences from Previous Contract This amendment adds $157,500.00 in ESSHB 2163 funds to the rental assistance line item of the contract budget. ESSHB 2163 was amended by the State Legislature in the last session (HB 2331) to increase document recording fees for the purpose of funding homeless housing in response to the economic downturn. The additional funds allocated to this contract will come from the increased funding coming to the County from HB 2331. These funds are required in order to alleviate the current waiting list for housing assistance at WHSC. Economic conditions, higher -than -anticipated rental assistance costs per household, and low turnover in Housing Authority programs have resulted in a greater demand for WHSC rental assistance funding. The Housing Advisory Committee recommended at its June 11, 2009 meeting that Executive Pete Kremen approve these additional funds. Please contact Gail de Hoog at ext. 30693 if you have any questions regarding the terms of this agreement. Encl. W Cost Center. Object Code -4. Approved by WIIATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ,�oog12ootl-q Originating Department: Whatcom County Health Department Contract Administrator: Gail de Hoo Contractor's /Agency Name: Opportunity Council Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes _ No X Yes X No If yes, previous number(s): ^200812004-3 Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes X No If yes, associated Whatcom County grant contract number(s) _200709030 Is this contract the result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $1 S, 000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $ 544, 777.00 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10, 000, whichever is greater, must also go to Council and will need an agenda bill $ 157,500.00 and supporting memo. If less than these thresholds, just submit to. Executive with Total Amended Amount: supporting memo for approval. $ 702,277.00 Scope of Services The purpose of this contract is to provide programmatic and administrative services related to the operation of the Whatcom Homeless Service Center (WHSC). Term of Contract: 01101109—12131109 Expiration Date: 12131109 Contract Routine Stens & Sienof - lssien or initiall [indicate date transmitted 1. Prepared by: JM Date 6/18/09 [electronic] 2. Attorney reviewed: rjw Date 6/22/09 [electronic] 3. AS Finance reviewed: MCaldwell Date 6119109 [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: JM Date 6/18/09____felectronic] hard copy printed 6. Attorney signoff.• Date 6— 7. Contractor signed: ✓ Date 8. Submitted to Exec Office ,✓ Date 7 - 0 [summary via electronic; hardcopies] 9. Reviewed by DCA Date 10. Council approved (if necessary) Date 11. Executive signed: Date 12. Contractor Original 13, Returned to dept; Date 14. County Original to Council Date This form may need to expand to more than one page 41 WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT AMENDMENT PARTIES: Whatcom County Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 AND CONTRACTOR: Opportunity Council 1111 Cornwall Ave., Suite C Bellingham, WA 98225 Whatcom County #200812004 AMENDMENT NUMBER: 4 CONTRACT PERIODS: Original: 01/01/09—12/31/09 Amendment #1: 01/19/09—12/31/09 Amendment #2: 02/15/09—12/31/09 Amendment #3: 05/20/09—12/31/09 Amendment #4: 07/24/09—12/31/09 FWHATCOM COUNTY RACT NO. /avoy-� THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY AMENDED AS SET FORTH IN THE DESCRIPTION OF THE AMENDMENT BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO DESCRIPTION OF AMENDMENT: 1. Amend Item #7 of Amendment #2 by deleting "The sources of funding for this contract, in an amount not to exceed $544,777..." and replacing it with the following: The sources of funding for this contract, in an amount not to exceed $702,277.00... 2. Amend Item #8 of Amendment #2 by deleting the existing budget table and replacing it with the following: Line Item Unit Budget Administration Project Manager ($87,000 per year, including salary and .69 FTE $60,291 benefits Administrative Assistant ($42,978 per year, including .69FTE $29,784 salary and benefits Rapid Entry Coordinator ($43,647 per year, including 1.0 FTE $43,647 salary and benefits Housing Resource Coordinator ($43,647 per year, 1.0 FTE $43,647 including salary and benefits Homeless Management Information System Allowable expenses include user fees $15,652 administration (estimated at $50 per user per month); Information Technology staff time associated with user set-up, system administration and troubleshooting; data submission to CTED; subcontracted training, technical assistance, and report writing provided by ClientTrack; and associated activities. Office rent, utilities, insurance, phones, copier $1,668 per month x 12 months $20,016 HL_072409_WCHSC OC Amend #4 Page 1 of 3 42 Rental Assistance Rental Assistance and/or Subsidies Based on housing assessment $396,534 results Operations Training, travel, conferences, and/or memberships Allowable expenses include mileage, $5,000 ground transportation, coach airfare, ferry fees, registration fees, lodging, and meal costs. Emergency Shelter $35,000 $35,000 Housing Quality Standard Inspections U to $70 per inspection $6,000 Risk Mitigation Fund "Landlord Guarantee Fund") $14,000 $14,000 Indirect Rate/Program Administration 15% (limited to Administration line $32,706 items and Training, travel, conferences, and/or memberships) TOTAL $702,277 3. The effective date of the amendment is July 24, 2009. HL_072409 WCHSC OC Amend #4 Page 2 of 3 43 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS AMENDMENT HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS AMENDMENT. Signature is required below. APPROVAL AS TO PROGRAM: "- NO a Anne Deacon, Human Services Manager / Date DEPARTMENT HEAD APPROVAL: �`Regi Delahunt, WCHD Director Date APPROVAL AS TO FORM: Civil Deputy, Pr6kAting Attorney THE �ONTRAC�,TOR: David W. F911et EXECUTIVE DIRECTOR tractor Signature I Print Name and Title STATE OF WASHINGTON) COUNTY OF WHATCOM ) On this day of 2009, before me personally appeared , to me known to be th��t iIr -M and who executed the above instrument and who acknowledged to me the act of signing and sealin thereof. NOTARY PUBLIC in and for f', OTAr;f p �%'_-"°"-' the State of Washington o U << Residing at Bellingham. My Commission expires: 914 FOR WHATCOM COUNTY: Pete Kremen Date County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) On this day of , 2009, before me personally appeared Pete Kremen, 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_072409_WCHSC OC Amend #4 Page 3 of 3 M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-323 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., 7/08/09 1I11 l // _ 7/21/09 Finance/Coup Division Head: JUL 14 2009 Dept. Head: Prosecutor: viui ATCOM COUNTY Purchasin /Bud et: 7/08/09 COUNCIL Executive: /; d TITLE OF DO MEN - Rid 09- 8 Annual Drydock Repairs & Maintenance to the Whatcom Chief Ferry ATTACHMENTS: Memos from Finance and Public Works SEPA review required? ( ) Yes (x) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works Equipment Services Division is requesting approval to award the bid and enter into a contract for the annual drydock repairs and maintenance of the Whatcom Chief Ferry. Three bids were received. Public Works requests that the bid be awarded to the low bidder Foss Maritime Company in the amount of $170,275.00 This is a planned project and funds were approved in the current budget. 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. ii 45 WHATCOM COUNTY ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite 108 Bellingham, WA 98225-4083 DDesler@co.whatcom.wa. us DEWEY G. DESLER Director DATE: 8 July 2009 TO: Pete Kremen, County Executive FROM: Brad Bennett, Administrative Services Finance Manger FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite 503 Bellingham, WA 98225-4038 Finance@co.whatcom.wa. us SUBJECT: Award of Bid 09-38, Annual Ferry Drydock, Repairs, & Maintenance BRAD BENNETT Manager BACKGROUND Bids were advertised for the annual drydock, repairs and maintenance service for the Whatcom Chief, three bids were received on July 2. -fhe bid totals are as follows. VENDOR TOTAL BID Foss Maritime Company $170,275.00 Lake Union Drydock Company $211,800.00 Puglia Engineering Inc. $241,030.00 Public Works Equipment Services Division requests approval to award the bid to the low bidder Foss Maritime Company in the amount of $170,275.00 and further requests that the County Council authorize the County Executive to enter into a contract with Foss Maditime Company for the annual drydock of the Whatcom Chief. FUNDING This is a regularly budgeted project and funds for this purchase were approved in the current budget. I concur with this recommendation. AS Finance Manager Approved as Recommended: County Executive Date of Council Action Administration Facilities Management Finance/Accounting Human Resources Information Technology County Residents (360) 676-6717 (360) 676-6746 (360) 676-6734 (360) 676-6802 (360) 676-7684 (360) 398-1310 Fax (360) 676-6775 Fax (360) 676-6789 Fax (360) 738-4553 Fax (360) 738-2521 Fax (360) 676-7727 TTY (360) 738-455546 EQUIPMENT SERVICES DIVISION WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM 901 W. Smith Road Bellingham, WA 98226 Phone # (360) 676-6759 Fax # (360) 380-8115 Eric L. Schlehuber, Division Manager TO: Brad Bennett, AS Finance Manager THROUGH: Frank M. Abart, PW Director FROM: Eric L. Schlehuber, PW Equipment Services Manage RE: Bid #09-38, Annual Drydocking, Repair & Maintenance of the Whatcom Chief (2009) DATE: July 6, 2009 a Requested Action Approval requested to award the bid and subsequent contract for the 2009 Annual Drydocking, Repair and Maintenance of the Whatcom Chief to the lowest responsive bidder, Foss Shipyard in Seattle, in the amount of $170,275.00. ■ Background and Purpose Bids were duly advertised and submitted for the annual drydocking, repair and maintenance of the Whatcom Chief Ferry. We received responses from three vendors. The Public Works Equipment Services Division contracts out the drydocking annually of the Whatcom Chief Ferry. "this year's drydock is anticipated to take up to three weeks. Listed below is the detailed bid tabulation for the lowest responsive bid that meets minimum specifications of the three bid responses received for the annual drydocking for 2009. y� 6; �A$E P,RIOE : `n TTAL Foss Shipyard $ 170,275.00 $170,275.00 a Funding Amount and Source Adequate funds exist within the 2009 Budget ER&R fund. I am requesting Executive and the Whatcom County Council approval to award this bid and subsequent contract to Foss Shipyard in Seattle, Washington for the base price of $170,275.00 per unit, for a total of $170,275.00. Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the July 21, 2009 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns. Encl. 47 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-324 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:RodLamb RL 6125109 E �(�1 �� I�� `� D, 7/21/09 Finance/Counci Division Head: JUL 14 2009 Department Head: gyp. b7 Michael McFarlane WHATGOM GOUNI Y Prosecutor: COUNCIL Purchasin /Bud et: 7 t ? Executive: t TITLE OFDOC NT. fRestroom Silver Lake Park — Shower Facility Design Services ATTACHMENTS. Contract for Services Agreement: Design Services for Silver Lake Shower & Restroom Facility SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( X ) 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.) Parks requests approval of the attached contract with RMC Architects for design services for Silver Lake Park Shower & Restroom Facility Design Services. Parks received 10 proposals for design services on April 28" 2009 (RFP 09-33). Three firms were interviewed on May 28th, 2009. RMC Architects teamed with several other local design firms and collectively demonstrated exceptional qualifications and experience. The attached contract with RMC Architects initiates project programming, schematic design and, cost estimating. Final design, permitting and construction are scheduled to be completed in 2010. 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. I • WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mount Baker Highway Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive FROM: Michael McFarlane Michael McFarlane Director RECEIVED JUL 10 2009 PETE KREMEN COUNTY EXECUTIVE RE: Design Services for Silver Lake Park — Shower .& Restroom Facility DATE: June 25, 2009 Enclosed are two (2) originals of the Silver Lake Park — Shower & Restroom Facility Design Services professional services contract between Whatcom County (Parks & Recreation Department) and RIVIC Architects for your review and signature. ■ Background and Purpose Parks requests approval of the attached contract with RMC Architects for Design Services for Silver Lake Park — Shower & Restroom Facility. This contract will complete the programming and schematic design of a new shower and restroom facility at Silver Lake Park. The new facility will be located within the existing main campground, better serving campers. Additionally, the new facility will be fully ADA accessible and may include laundry facilities. ■ Funding Amount and Source "this project is funded with REET II, and was approved by ASR 2007-564 and ASR 2007- 562. The project budget is $303,728. ■ Differences From Previous Contract This is a new contract. Please contact Michael McFarlane at extension 32072, if you have any questions or concerns regarding the terms of this agreement. Encl. 29 WHATCOM COUNTY CONTRACT INFORMA TION SHEET Whatcom County Contract No. Originating Department: Parks & Recreation Contract Administrator: Rod Lamb Contractor's /Agency Name: RMC Architects Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No If yes, previous number(s): Is this a grant agreement? Yes _ No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes _ No X If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes X No If yes, RFP and Bid number(s) RFP 90-33 Contract Amount: (sum of orig contract amt If a Professional Services Agreement is more than $15,000 or a Bid is more than and any prior amendments) $35, 000, please submit an Agenda Bill for Council approval and a supporting $_50.621 memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10,000, whichever is greater, must also go to Council and will need an agenda bill $ N/A and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ N/A Scope of Services Preparation of design drawings for a new shower and restroom facility. Specific services include: architectural design, site evaluation, facility programming, civil engineering, landscape architecture and cost estimating. Term of Contract: Commence after Expiration Date: June 1, 2010 issuance of "Notice to Proceed" Contract Routing Steps & Signo ff [sign or initial] [indicate date transmitted] 1. Prepared by: Rod Lamb Date_6125109 [electronic] 2. Attorney reviewed: rjw 3. AS Finance reviewed: bbennett 4. IT reviewed if IT related- S. Corrections made: 6. Attorney signoff' 7. Contractor signed: 8. Submitted to Exec Office 9. Reviewed by DCA 10. Council approved (if necessary) 11. Executive signed: 12. Contractor Original 13. Returned to dept,• 14. County Original to Council Date 6129109 [electronic] Date 718109 [electronic] Date _ [electronic] Date [electronic] hard copy Date Date777 Date 7_Ld _ ,g [summary via electronic, Date Date Date Date Date_ this form may need to expand to more than one page this form may need to expand to more than one page printed hardcopies] 50 COUNTY ORIGINAL Whatcom County Contract No. CONTRACT FOR SERVICES AGREEMENT Design Services for Silver Lake Shower & Restroom Facility RMC Architects., hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 Exhibit A (Scope of Work), p. 8 Exhibit B (Compensation), p. 9 Exhibit C (Certificate of Insurance), pp. 10 - 12. Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence upon notice to proceed, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 1 st day of June, 2010. The general purpose or objective of this Agreement is to: provide architectural design, site design and civil engineering services for the Silver Lake Shower & Restroom Facility, as more fully and definitively described in Exhibit A hereto. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed $50,621. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this , day of tj 20. CONTRACTOR: RM Architects . . . - f. y I rjA Bra Cornwell, P incipal STATE OF WASHINGTON ) � ) COUNTY OF Q� - <or-vss.1 ) On this `1 day of �i� 204�, before me personally appeared Brad Comtge.11 to me known to be the r' (title) of ti2MC Age-6,ecis"pany) and who executed the above i stru ent an who kn ledged o me the act of signing and sealing thereof. ,�t<<'' p►Y Lp�- IJOTARY PUBLIC $T.-andlor the late of Washington, residing at ���SS��N�+.? r���' My commission expires :'moo tsorARra .t'• McAn; Q Kay %1LO�,M; r N ��� ••• fig:' 0'%���,, WASN�i�tt Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 1 v 1.0 51 WHATCOM COUNTY: Recommdided for Al -�0-dy Date ApproyWas to form. Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Pete Kremen, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at .. My commission expires CONTRACTOR INFORMATION: RMC Architects (Type in Name of Contractor/Firm) Brad Cornwell, Principal (Type in Name & Title of Signatory Authorized by Firm Bylaws, if applicable) Address: 1223 Railroad Avenue Bellingham, WA 98225 Mailing Address: Same as above Contact Name: Brad Cornwell Contact Phone: (360) 676-7733 Contact FAX: (360) 738-0448 Contact Email: brad@rmcarchitects.com Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 2 v 1.0 52 GENERAL CONDITIONS Series 30.39: Provisions Related to Administration of Agreement 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: Not Applicable 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County, Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or,expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 3 v 1.0 53 The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. 22.1 Withholding_ Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement, then the County may withhold from amounts otherwise due and payable to Contractor the amount determined by the County as necessary to cure the default, until the Administrative Officer determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the'Contractor of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment. of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: When the Contractor creates any copyrjghtable materials or invents any patentable property, the Contractor may copyright or patent the same, but the County retains a royalty -free, nonexclusive and irrevocable license to reproduce, publish, recover, or otherwise use the materials or property and to authorize other governments to use the same for state or local governmental purposes. Contractor further Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 4 . v 1.0 54 agrees to make research, notes, and other work products produced in the performance of this Agreement available to the County upon request. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: Not Applicable 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums: Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 A certificate of such insurance, that also identifies the County as an additional insured, is attached hereto as. Exhibit "C 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents, except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected officials or employees. It is further provided that no liability shall attach to the County by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, sexual orientation, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 5 v 1.0 55 solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the -term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor- shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Rodney L. Lamb, Design & Development Supervisor Whatcom County Parks & Recreation Department 3373 Mount Baker Highway Bellingham, WA 98226 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. 40.2 Contractor Commitments. Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect, Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 6 v 1.0 56 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional, C. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3 , 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 7 v 1.0 57 EXHIBIT "A" (SCOPE OF WORK) The Consultant shall provide the following Specified Services for each phase of service for the Project as outlined below. All engineering and site survey work shall be performed using accepted principals and practices and shall provide quality products that meet or exceed industry standards. Task 1- Administration / Coordination 1.1 Correspondence 1.2 Subconsultant Coordination 1.3 Invoicing 1.4 Project Scheduling Task 2 - Site Inventory & Analysis 2.1 Review existing site data, reports & plans 2.2 Prepare base map 2.3 Utilities availability analysis 2.4 Land use & zoning analysis 2.5 Historic resources review 2.6 Critical Areas - Wetland / Shoreline 2.7 Critical Areas - Fish & Wildlife 2.8 Topographic analysis 2.9 Soils analysis 2.10 Septic field & hydrology analysis 2.11 Field survey 2.12 Site visits (2 total) 2.13 Technical memo summary Task 3 - Confirm Vision & Goals 3.1 Review existing park documentation 3.2 Identify project goals 3.3 Review potential program elements 3.4 Project Team Meeting (1 total) Task 4 - Master Plan Alternatives 4.1 Site Meeting & Design Charette (1 total) 4.2 Prepare (3) diagrammatic alternative site concept plans 4.3 Analyze locations with site overlays 4.4 Pre -Design cost estimate for site 4.5 Architectural concepts - restrooms & showers 4.6 Pre -design for pre -manufactured vs. site constructed 4.7 SWOT Analysis 4.8 Design alternative meeting (1 total) Task 5 - Master Plan / Schematic Design 5.1 Prepare draft master plan graphic 5.2 Prepare detail plan of project site 5.3 Prepare conceptual structure(s) floor plan & elevations (& phasing) 5.4 Prepare septic system strategy & scope 5.5 Prepare final master plan graphic 5.6 Prepare final cost estimate & phasing plan written summary 5.7 Final master plan report 5.8 Master plan report meeting (2 total) Task 6 - Permit Support 6.1 Assess required permits & impact to project feasibility 6.2 Prepare land use permit schedule 6.3 Attend meeting with Whatcom County Planning and Water District staff (1 total) Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility - Design Services Page 8 v 1.0 EXHIBIT "B" (COMPENSATION) As consideration for the services provided pursuant to Exhibit A - Scope of work, the County agrees to compensate the contractor according to the hourly rates provided below. Other reasonable expenses incurred in the course of performing the duties herein shall be reimbursed. Mileage at IRS rate, other expenditures such as subconsultants, printing, postage and telephone charges shall be reimbursed at actual cost plus 10%. Contractor will invoice monthly. Invoices will include employee hours worked with tasks accomplished. Requests for reimbursement of expenses must be accompanied by copies of paid invoices itemizing costs incurred. Costs of alcoholic beverages are not eligible for reimbursement. Compensation shall not exceed $50,621. Any work performed prior to the effective date of this contract or continuing after the completion date of the same unless otherwise agreed upon in writing, will be at the contractor's expense. Progressive billings must be approved by the Parks Design & Development Supervisor before payment is made. The Contract Number, set forth, shall be included on all billings or correspondence in connection therewith. Hourly Rates: RMC Architects: Principal $110I1-1r. Project Architect $110I1-Ir. Architectural Designer 2 $80I1-1r. Architectural Designer 1 $70IHr. Administrative $65IHr. Wilson Engineering: Principal $135I1-1r. Project Manager $115I1-1r. CAD $68IHr. GeoEngineers: Associate $155I1-1r. Senior Engineer 2 $135IHr. Project Scientist 1 $115I1-1r. Engineer 2 $95I1-1r. Engineer 1 $85IHr. Support Staff $64I1-1r. Contract for Services Agreement Silver Lake Park, Shower & Restroom Facility — Design Services Page 9 v 1.0 59 , cHle / l `i G if CERTIFICATE OF LIABILITY INSURANCE OP ID KC ROSMC 1 06/25/09 Snapper Shuler Kenner Insurance L.L.C. P.O. Box 551 Lynden WA 98264 Phone:360-354-4488 Fax:360-354-1946 INSURED Ross McClure Cornwell Architects, PLLC RMC Architects PLLC 1223 Railroad Avenue Bellingham WA 98225 COVERAGES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC # INSURER A: National Fire - CNA 20478 INSURER B: continental Casualty Company 20443 INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION'OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IMIK LTR NSRI1 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MMIDD POLICYFXPHI�M DATE MM/DD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1 , OOO , OOO A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 1 OCCUR 2097978618 10/04/08 10/04/09 PREMISES (Eaoccurence) $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1 , 000 , 000 X Contractual GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG s2,000,000 X POLICY PRO- LOC JECT AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1 00Q 000 / / BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS A A X X HIRED AUTOS NON -OWNED AUTOS 2097978618 2097978618 10/04/08 10/04/08 10/04/09 10/04/09 BODILYINJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE s2,000,000 B X OCCUR CLAIMSMADE 4013179122 10/04/08 10/04/09 AGGREGATE $ 2,000,000 $ DEDUCTIBLE $ X RETENTION $ 10 QQQ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIvrN OFFICERIMEMBER EXCLUDED? L—1 (Myandatory In NH) 2097978618 STOP GAP 10/04/06 10/04/09 TORY LIMITS ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 es, describe under SPECIAL PROVISIONS below E.L. DISEASE -POLICY LIMIT s2,000,000 OTHER C Professional Liab AEA003987887 07/16/08 07/16/09 2,000,000 per claim 2,000,000 ann aggrega. DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Silver Lake Subconsultants Proposal Whatcom County Parks and Recreation named as Additional Insured (General Liability) per attached SB-146968-A LICK I IrILoA I C MULLICK L;ANt;CL LATIUN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION WHACOI I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Whatcom County Parks and IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Recreation REPRESENTATIVES. Attn: Rod Lamb 3373 Mt Baker Hwy ,. __' 0 _ The ACORD name and logo are registered marks of ACORD SB-146968-A (Ed. 01 /06) IMPORTANT: THIS ENDORSEMENT CONTAINS DUTIES THAT APPLY TO THE ADDITIONAL INSURED IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT. SEE PARAGRAPH C., OF THIS ENDORSEMENT FOR THESE DUTIES. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED ENDORSEMENT WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE BLANKET WAIVER OF SUBROGATION Architects, Engineers and Surveyors This endorsement modifies insurance provided under the following: BLISINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS A. WHO IS AN INSURED (Section C.) of the Businessowners Liability Coverage Form is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement; but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the 'bodily injury,' 'property damage,' or 'personal and advertising injury.' B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured solely for liability due to your negligence specifically resulting from 'your work' for the additional insured which is the subject of the written contract or written agreement. No coverage applies to liability resulting from the sole negligence of the additional Insured. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insurance are inclusive of, and not C. in addition to, the Limits of Insurance shown in the Declarations. 3. The coverage provided to the additional insured within this endorsement and section titled LIABILITY AND MEDICAL EXPENSE DEFIN'I rIONS — "Insured Contract" (Sectior•, F.9.) within the Businessowners Liability Coverage Form, does not apply to'bodily Injury' or'property damage' arising out of the 'products -completed operations hazard' unless required by the written contract or written agreement. 4. The insurance provided to the additional insured does not apply to 'bodily injury,' 'property damage,' 'personal and advertising injury' arising out of an architect's, engineer's, or surveyor's rendering of or failure to render any professional services including: a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. s. "fhis insurance does not apply to 'bodily injury,' 'property damage,' or 'personal and advertising injury' arising out of: a. -fhe construction or demolition work while you are acting as a construction or demolition contractor. This exclusion does not apply to work done for or by you at your premises. BUSINESSOWNERS GENERAL LIABILITY CONDITIONS — Duties In The Event of Occurrence, Offense, Claim or Suit (Section E.2.) of the Businessowners Liability Coverage Form is amended to add the following: An additional insured under this endorsement will as soot i as practicable: 1. Give written notice of an occurrence or an offense to us which may result in a claim or 'suit' under this insurance; SB-146968-A (Ed. 01 /06) // 61 m 2. Tender the defense and indemnity of any claim or .suit" to us for a loss we cover under this Coverage Part; 3. Tender the defense and indemnity of any claim or .suit" to any other insurer which also has insurance for a loss we cover under this Coverage Part; and 4. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or 'suite from the additional insured. D. OTHER INSURANCE (Section H. 2. & 3.) of the Businessowners Common Policy Conditions are deleted and replaced with the following: 2. This insurance is excess over any other insurance naming the additional Insured as an insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance be either primary or primary and noncontributing to the additional insured's own coverage. This insurance is excess over any other insurance to which the additional insured has been added as an additional insured by endorsement. 3. When this insurance is excess, we will have no duty under Coverages A or B to defend the additional insured against any 'suit" if any other insurer has a duty to defend the additional insured SB-146968-A (Ed. 01 /06) against that 'suit" .If no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in, this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. E. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (Section K.2.) of the Businessowners Common Policy Conditions is deleted and replaced with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make for' injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included within the 'products -completed operations hazard.' SIB-146968-A (Ed. 01/06) j.2 62 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-325 CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: �/7 7 / 21 / 09 Finance, Council Paula J. Cooper o. r, r ED P Division Head: � l / 0 Jon Hutchings J,72009 Dept. Head: 711a FrankM. Abart WHATCOM COUNTY Prosecutor: CO U N C I Dan Gibson dig 05121109 L 9,6 -7/7 Purchasing/Budget: Executive: D TITLE OF D CU E T: Interlocal Agreement Between Western Washington University and Whatcom County Flood Control Zone District for Climate Change Hydrology Modeling ATTACHMENTS: Cover memo SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) 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.) This interlocal agreement with Western Washington University provides for development of a hydrologic model for the Nooksack basin and evaluation of predicted climate change scenarios and impacts to Nooksack River hydrology. The results will be used to evaluate the effectiveness of recommendations within the Lower Nooksack River Comprehensive Flood Hazard Management Plan. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatconz.wa.11s/coltncil. 63 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225 Phone: (360) 676-6876, (360) 398-1310 Fax: (360) 738-2468 www.whatcomcounty.us TO: Honorable Members of the Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood Manager Jon Hutchings, Assistant Director RE: Interlocal Agreement with Western Washington University for Climate Change Hydrology Modeling DATE: July 7, 2009 Enclosed are two (2) originals of an Interlocal Agreement between Western Washington University (WWU) and the Whatcom County Flood Control Zone District (FCZD) for your review and signature. ■ Requested Action Public Works respectfully requests that the County Executive and County Council, acting as the FCZD Board of Supervisors, enter into an interlocal agreement with WWU for $15,000 to perform hydrologic modeling of the Nooksack River to evaluate various climate change scenarios. ■ Background and Purpose The Lower Nooksack River Comprehensive Flood Hazard Management Plan (CFHMP) includes numerous recommendations for projects to reduce future flood damages and expenditures, many of which are structural in nature. As the FCZD works to implement the plan, design of recommended structural measures is based on the hydrologic record as it exists today. Climatologists have developed various scenarios for global climate change and WWU is proposing to utilize these predictions to evaluate the range of impacts they may have on Nooksack River hydrology. The scope of work proposed by WWU includes development and calibration of a hydrologic model of the Nooksack River basin, and use of the model to evaluate changes in future flow rates. The results of their analysis will provide an indication of how flows may change in the future so the FCZD can evaluate the potential impact on the effectiveness of CFHNIP recommendations before they are implemented. In addition to flood management, the results of this work will inform managers involved in water supply, in -stream flows and fisheries other issues about the potential for changes in future hydrology that will affect flow rates and the timing of flows throughout the year. ■ Funding Amount and Source The total cost of the project is $30,000 and the proposed interlocal agreement amount is $15,000. Alcoa will be providing the additional funding needed to complete the project. The source of funding is the FCZD fund. This project and budget amount was included in the 2009 adopted budget for the FCZD. The project will start to address an important gap in current flood planning and was ranked 112 out of 287 on the water resources database at the time the budget was developed. We believe I:\FLOOD\104 - Planning\Lower Nooksack\WWU Climate Change Study\WWU cover memo.docx M implementation of this proposal will provide a very cost-effective way to start addressing the questions associated with climate change and how it might affect the effectiveness of County programs and projects. The FCZD Advisory Committee will be considering this proposal at their July 9tn meeting and staff will provide information on their recommendation to the Board of Supervisors at the Finance Committee meeting. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this amendment. Encl. 322 N. Commercial Avenue, Bellingham, WA 98225 I: TLOOD1104 - PlanningUiver Nooksack!WWUClimate Change Stu6,19"WU cover memo.doex 65 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. -�C70cj07007 Originating Department: Public Works Contract Administrator: Paula Cooper Contractor's /Agency Name: Western Washington University Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ❑ If yes, previous number(s): Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s) CFDA number Is this contract grant funded Yes ❑ No® If yes, associated 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) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $151000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $15,000 Executive with supporting memo or approval. Scope of Services Interlocal agreement between Whatcom County FCZD and Western Washington University for Climate Change Hydrology Modeling to be used to assess the management recommendations of the Lower Nooksack River Comprehensive Flood Hazard Management Plan. Term of Contract: Not to exceed Expiration Date: March 30, 2010 Contract Routing Steps & SiQno - sign or initial) [indicate date transmitted? 1. Prepared by: PPittman Date: _512112009 [electronic] 2. Attorney reviewed: L. Gibson_ Date: 05/21109_ [electronic] 3. AS Finance reviewed: _Daniel Date: � [electronic] 4. IT reviewed if IT related: Date. /_ [electronic] 5. Corrections made. Date: _ _[electronic] hard copy printed 6. Attorney signoff.• _Daniel L. Gibson_ Date_OS/21/09 7. Contractor signed: Date. [electronic] 8. Submitted to Exec Office ,� _ Date-7 -/Q —05 [summary via electronic; hardcopies] 9. Reviewed by DCA: Date. 10. Council approved (if necessary): Date 11. Executive signed: Date 12. Contractor Original returned to dept Date 13. County Original to Council: Date ORIGINAL WHATCOM COUNTY' COUNT' 0 INTERLOCAL AGREEMENT CONTRACT NO. Between Western Washington University and Whatcom County Flood Control Zone District �� 9 d 0-7 for Climate Change Hydrology Modeling WHEREAS, the Western Washington University and the Whatcom County Flood Control Zone District recognize that numerous climate change models predict that changes to rainfall and snow level will occur over the coming decades; and WHEREAS, the predicted Changes may impact future hydrologic conditions and may alter flood frequency and magnitude; and WHEREAS, changes in flood frequency and magnitude could result in unintended consequences as the Flood Control Zone District implements the Lower Nooksack River Comprehensive Flood .Hazard Management Plan; and WHEREAS, developing an understanding of these potential changes would enable the Flood Control Zone District to make more informed floodplain management decisions; and WHEREAS, Western Washington University faculty and students have proposed a study in which they would try to quantify these potential changes; and WHEREAS, the Whatcom County Flood Control Zone District wishes to pursue the study as proposed by the University; and NOW THEREFORE, the Western Washington University and -the Whatcom County Flood Control Zone District agree as follows: I. WESTERN WASHINGTON UNIVERSITY RESPONSIBILITIES Western Washington University hereby agrees to provide services necessary to simulate future timing and magnitude of streamflow in the Nooksack River above the confluence at Cedarville, WA surrounding the years 2000, 2025, 2050, and 2075 due to predicted climate changes using the DSHVM (Distributed Soil Hydrology Vegetation Model) as detailed in the scope of work attached hereto and incorporated herein as Exhibit "A". II. FLOOD CONROL ZONE DISTRICT RESPONSIBILITIES The Whatcom County Flood Control Zone District hereby agrees to provide $15,000 towards the work described in Exhibit A. III. PAYMENT Western Washington University shall bill quarterly to cover costs incurred during completion of the project plus overhead at a rate of 25% of direct costs. . Upon receipt of appropriate documentation, the Flood Control Zone District will compensate the Contractor, in accordance with the District's customary procedures. The District will CADocuments and Settings\gwalk\Local Settings\Temporary Internet Files\OLK8\ILA_WWU_climatechangehydrologymodel_FINAL (2).doc 1 67 refrain From paying the final 25% of the total agreement amount until all deliverables are received. IV. TERM This Agreement shall be effective upon the signing date of this document and may be terminated by either Party upon the giving of at least ninety (90), days advance written notice to the other. This agreement will terminate on March 31, 2010. V. RESPONSIBLE PERSONS The persons responsible for administration of this Agreement shall be Robert Mitchell of the Western Washington University and Paula Cooper the Flood Control Engineer for the Flood Control Zone District, or their designees. VI. INDEMNIFICATION Each party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees, to fullest extent required by law, and further agree to hold the other party harrnless From any such liability. It is further provided that no liability shall attach to the Parties by reason of entering into this Agreement except as expressly provided herein. VII. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the Parties. VIII. GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the State of Washington and Whatcom County. The provisions of this Agreement shall be construed to conform to those laws. IX. SEVERABILITY In the event any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. X. INTEGRATION OF AGREEMENT This Agreement contains all the terms and conditions agreed upon by the Parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. CADocuments and Settings\gwalk\Local SettingMemporary Internet Files\OLK8\ILA_WWU_climatechangehydrologymode]_FINAL (2).doc 2 XI. RECORDATION Upon execution by both of the Parties hereto, the Whatcom County Flood Control Zone District shall record this Agreement in the office of the Whatcom County Auditor, as required pursuant to RCW 39.34.040. CA\Documents and Settings\gwalk\Local Settings\Temporary Internet Files\OLK8\ILA_WWU_climatechangehydrologymodel_FINAL (2).doc 3 M IN WITNESS WHEREOF, the Parties hereto have executed this Agreement this day of 2009. WESTERN WASHINGTON UNIVERSITY By eri Walker, Director Research and Sponsored Programs APPROVED AS TO LEGAL FORM: Assistant Attorney General's Office STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT Pete Kremen, County Executive, on behalf of Board of Supervisors Approved as to form: l.JC� OC • �J. Whatcom County Deputy Prosecuting Attorney 11�5-7w 'A'rl; Frank Abart, Dire(ror of Public Works On this day of , 2009, before me personally appeared Pete Kremen, to me known to be the County 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 My commission expires: STATE OF WASHINGTON ) COUNTY OF WHATCOM ) ss. On this A r1A day of NJA-� , 2009, before me personally appeared 000-k,-,ev/ , to me known to be the 71 O(Q, .0+ QS-P and who executed t above instrument and who acknowledged to me the act of signing and sealing thereof. &i�:� NOTARY PUB IC i and for the State of Washington, residing a tit L i (qv ,, My commission expires: �15P 4 C:\Documents and Settings\gwalk\Local SettingsUemporary Internet Files\OLK8\ILA_W WU_climatechangehydrologymodelFINAL (2).doc 4 70 EXHIBIT A SCOPE OF WORK 1) Setup of DHSVM to the South Fork, Middle Fork, and North Fork basins of the Nooksack River drainage. DHSVM requires five GIS input grids including a DEM, landcover, soil type, soil thickness, and stream network. Data for these grids are collected from USGS, NOAA, and USDA web sites. The data are processed in ArcGIS 9 using Arc tools and AMLs developed at the University of Washington. Grids for the three basins will contain 50 meter by 50 meter grid cells (or larger, up to 150 m). 2) Collect and process meteorological input data. The DHSVM requires a meteorological input file that includes hourly to daily maximum temperature, precipitation, long wave radiation, short wave radiation, wind speed, and relative humidity. A 30 to 50 year historical time series is required for the downscaling and predictive modeling. We will access historical weather data from stations in the watershed (e.g., Clearbrook) and process the data to develop the meteorological input data. 3) Collect and process historical streamflow data. Measured streamflow data are used for model calibration and validation. Data will be obtained from USGS gauging stations on South Fork, Middle Fork, and North Fork and the main stem of the Nooksack basin at Cedarville, WA. 4) Calibrate DHSVM to the South Fork, Middle Fork, and North Fork basins of the Nooksack drainage using data between 2003 and 2007. Although DHSVM is a physically based model, calibration is necessary because uncertainty exists in many of the required input parameters. Calibration is the process whereby model input parameters are adjusted so that simulated streamflow and snow -water equivalent (SWE) produced by the model are similar to measured streamflow and SWE (± 5%). The dominant calibration parameters include the soil thickness and hydraulic conductivity, snow/rain temperature threshold, temperature lapse rate, and precipitation lapse rate. 5) Perform downscaling procedure. The method of downscaling output from GCMs to historical regional meteorology (e.g., Nooksack basin) is summarized in Polebitski et al., (2007). Three different GCM scenario pairs (ECHAM-A2, IPSL-A2, and GISS-B1) will applied in the decades surrounding the years 2000, 2025, 2050, and 2075. Each created time series will be about 30-50 years. in length and will contain the minimum and maximum daily temperature and total daily precipitation. These data will be processed to obtain the remaining meteorological input required for DHSVM (e.g., long wave radiation, short wave radiation, wi4speed, and relative humidity). 6) Perform DHSVM simulations using the down -scaled GCM data as the meteorological input, and assess changes in snowpack, SWE, evapotranspiration, and streamflow timing and magnitude. PROPOSED DELIVERABLES 1. A calibrated and validated DHSVM model of the South Fork, Middle Fork, and North Fork basins of the Nooksack River drainage. The calibrated model can be used as a basis to explore other influences . on streamflow such as sedimentation, deforestation, and flood forecasting due to extreme storm events. 2. Three different GCM scenario pairs (ECHAM-A2, IPSL-A2, and GISS-B1) will downscaled to northwestern Whatcom County surrounding the years 2000, 2025, 2050, and 2075. These CA\Documents and Settings\gwaMLocal Settings\Temporary Internet Files\OLK8\ILA_WWU climatechangehydrologymodel_FINAL (2).doc 5 71 meteorological data sets could be used to simulate hydrologic processes in other watersheds such as the Lake Whatcom watershed, and for water planning for municipal, industrial, public utilities, and agricultural water supply, and assessing instream habitat. 3. Simulated future timing and magnitude of streamflow in the Nooksack River above the confluence at Cedarville, WA surrounding the years 2000, 2025, 2050, and 2075 due to predicted climate changes. 4. An assessment of climate change. influence on an isolated flood -producing precipitation event, such as the one that generated the October, 2003, 10-year flood. 5. A final report (or M.S. thesis) summarizing the background, methods, results, and analysis of the simulated predictions. CADocuments and Settings\gwalk\Local Settings\Temporary Internet Files\OLK8\ILA_WWU_climatechangehydrologymode]_FINAL (2).doc 6 72 No. 2009-326 /HATCOM COUNTY COUNCIL AGENDA BILL CLEARANCES Initial Date Received in Council O cce A enda Date Assi ned to: Originator: /� /)Date /�Q /j, 7/21/09 Finance, Council Paula Cooper ip E C L Division Head: $ 0� Jon Hutchings / L� � v JUL 14 2009 Dept. Head: Frank Abort WHATCOM COUNTY Prosecutor: J \ I V my/ie�/I�Q Dan Gibson 111����ZL �/ W '�7 O! NCI L U 1 COUNCIL % 1� �p Purchasing/Budget: Executive: tj 7 0 1 TITLE OF D04 IEN. Cooperation Agreement between the United States ofAmerica and Whatcom County Flood Control Zone District or Rehabilitation of a Non-federal Flood Control Work Job No. NSK-3-09. ATTACHMENTS: Cooperation Agreement with the Army Corps of Engineers SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This revised cooperation agreement provides for cost -sharing arrangement with the US Army Corps of Engineers for rehabilitation and setback of the Hovander Park levee which was damaged during the January, 2009 flood event. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wauslcouncil 73 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 020U907009 Originating Department: Public Works River and Flood Contract Administrator: Paula J. Cooper Contractor's /Agency Name: United States Army Corp of Engineers Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ® If yes, previous number(s): Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s) CFDA number Is this contract grant funded Yes ❑ No® If yes, associated 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) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is am and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $429,000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10,000, whichever is $ greater, must also go to Council and will need an agenda bill and Total Amended Amount: supporting memo. If less than these thresholds, just submit to $ Executive with supporting memo for approval. Scope of Services Levee rehabilitation project located on the left bank of the Nooksack River at Hovander Park. The project is being completed by the United States Army Corps of Engineers (ACOE) under the PL84-99 Program. Term of Contract: No Renewal Option Expiration Date: N/A Contract Routing Steps & Signoff.- [sign or initiall [indicate date transmitted) 1. Prepared by: James Lee_ Date: [electronic] 2. Attorney reviewed: i ¢l �.C�i _7-8-09 Date: v? 0 [electronic] 0 3. AS Finance reviewed: Date: 7/lVL�9 [electronic] 4. IT reviewed if IT related: Date: _ _ [electronic] 5. Corrections made: 6. Attorney signoff.' T,u Date: [electronic] hard copy printed Date o o d°9 7. Contractor signed: Date: [electronic] 8. Submitted to Exec Office ,� Date 7-10-09 [summary via electronic; hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary): Date 11. Executive signed: Date 12. Contractor Original returned to dept Date 13. County Original to Council: Date 74 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR �GGM .0 P .f �9SHtNG'�Gt'' MEMORANDUM TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, www.whatcomcountv.us THROUGH: Frank M. Abart, Public Works Director FROM: Paula J. Cooper, River and Flood Manager4/ Jon Hutchings, Assistant Director RE: Hovander Levee Rehabilitation and Setback Project DATE: July 8, 2009 Enclosed is a revised Cooperation Agreement with the US Army Corps of Engineers (ACOE) for the Hovander Levee rehabilitation and setback project for your review and approval. ■ Requested Action Public Works respectfully requests that the County Executive, and the County Council, acting as the Flood Control Zone District (FCZD) Board of Supervisors (BOS), enter into this revised cost -sharing agreement with the ACOE for levee rehabilitation work on the Hovander levee. ■ Background and Purpose The Cooperation Agreement with the ACOE is for a rehabilitation project on the Hovander levee and includes a "betterment" (referred to as the `Locally Preferred Alternative' in the Cooperation Agreement) to setback approximately 940 feet of the levee further From the river. The BOS already approved a different version of this cost -sharing agreement at the June 9th Council meeting. The FCZD cost -share includes 20% of the cost to repair the levee in place plus 100% of the additional costs to set the levee back. When the BOS approved the agreement last month, we had reached agreement with the ACOE that the FCZD could provide all of our cost -share through in -kind services. Based on our estimates, we expected the cost of these in -kind services to be approximately $140,000. ■ Funding Amount and Differences from Prior Version of Cooperation Agreement The total project construction cost of $429,000 and the FCZD's share of those costs ($207,000) in the revised Cooperation Agreement have not changed from those presented at the June 9, 2009 Council meeting. However, this week the ACOE informed us that the FCZD cannot provide the costs for the betterment (setback) through in -kind services. Betterment costs have to be provided as an up -front cash payment prior to the start of construction. The FCZD portion of the cost to repair the levee in -place can still be provided through in -kind services. The following table breaks down the costs to the FCZD for this project`and the method of payment. hFL00D\112 - General Flood Works (Projects)\R & M Proj\2009\ACOE Levee Repairs\Hovander (709013)\Cooperative Agreement\In-kind BOS memo (070809).doex 75 Page 2 May 29, 2009 Item Estimated Cost FCZD Portion Method of Payment In -Kind Services Repair In Place $278,000 $56,000 (20%) estimated to cost the FCZD $41,000 Betterment Up -Front Cash Costs for $151,000 $151,000 (100%) Payment Setback Levee The total cost to the FCZD is now estimated at $192,000, which is $52,000 more than if we had been able to proceed under the original agreement. The FCZD has adequate budget authority for this expense, as the costs of other ACOE and FCZD projects have come in at values lower than the budgeted amounts. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. lAFLOOD\112 - General Flood Works (Projects)\R & M Proj\2009\ACOE Levee Repairs\Hovander (709013)\Cooperative Agreement\In-kind BOS memo (070809).doex 76 COUNTY ORIGINAL WHATCOM COUNTY COOPERATION AGREEMENT CONTRACT NO. BETWEEN THE UNITED STATES OF AMERICA And WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT For REHABILITATION OF A NON-FEDERAL FLOOD CONTROL WORK JOB NO. NSK-3-09 . THIS AGREEMENT, entered into this day of , 2009, by and between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the "Government") represented by the District Commander, U.S. Army Corps of Engineers, Seattle District, and the Whatcom County Flood Control Zone District, (hereinafter referred to as the "Public Sponsor"), represented by the County Executive for Whatcom County, Washington acting on behalf of the Whatcom County Flood Control Zone District Board of Supervisors. WITNESSETH THAT: WHEREAS, pursuant to 33 U.S.C. 701n, the Government is authorized to assist in the repair or restoration of flood control improvements threatened or destroyed by. flood; WHEREAS, via written correspondence, the Public Sponsor has requested the Government to repair or restore a certain flood control work damaged.by recent flooding or coastal storms, in accordance with 33 U.S.C. 701n and established policies of the U.S. Army Corps of Engineers; and, . WHEREAS, the Public Sponsor hereby represents that it has the authority and legal capability to furnish the non -Federal cooperation hereinafter set forth and is willing to participate in the rehabilitation effort in accordance with the terms of this Agreement. NOW, THEREFORE, the Government and the Public Sponsor agree as follows: Hovander Park Levee Project Job No. NSK-3-09 1 77 ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS For purposes of this agreement: A. The term "Rehabilitation Effort" shall mean constructing the Locally Preferred Alternative at the upstream site consisting of setting back approximately 940 linear feet of levee; and repairing a total of 700 linear feet of overtopping damage at six downstream sites within an approximately 2,400 foot long reach of the levee project, as generally described in a report entitled Project Information Report, Rehabilitation of Flood Control Works, Hovander Park Levee, Job No. NSK-3-09, prepared by the District Commander, U.S. Army Corps of Engineers, Seattle District, dated April 30, 2009, and approved by the Division Commander on May 7, 2009. B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the Public Sponsor and the Government, in accordance with the terms of this Agreement, directly related to implementation of the Rehabilitation Effort. The term shall include, but is not necessarily limited to, actual construction costs, including supervision and inspection costs; costs of contract dispute settlements or awards; and the cost of investigations to identify the existence of hazardous substances as identified in Article XIIA. The term shall not include any costs for operation and maintenance; any costs that correct deferred or deficient maintenance; any increased costs for betterments or Public Sponsor preferred alternatives; or the costs of lands, easements, rights -of -way, relocations, or suitable borrow and dredged or excavated material disposal areas required for the Rehabilitation Effort. C. The term "betterment" shall mean the design and construction of a Rehabilitation Effort feature accomplished on behalf of, or at the request of, the Public Sponsor, in accordance with standards that exceed the standards that the Government would otherwise apply for accomplishing the Rehabilitation Effort. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND PUBLIC SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States and using those funds and funds provided by the Public Sponsor, shall expeditiously implement the Rehabilitation Effort, applying those procedures usually followed or applied in Federal projects, pursuant to Federal laws, regulations, and policies.. The Public Sponsor shall be afforded the opportunity to review and comment on solicitations for all contracts, including relevant plans and specifications, prior to the issuance of such solicitations. The Contracting Officer will, in good faith, consider the comments of the Public Sponsor, but award of contracts, modifications or change orders, and performance of all work on the Rehabilitation Effort (whether the work is performed under contract or by Government personnel), shall be exclusively within the control of the Contracting Officer. Hovandei Park Levee Project 2 Job No. NSK-3-09 t B. As further specified in Article III, the Public Sponsor shall provide all lands, easements, and rights -of -way, and suitable borrow and dredged or excavated material disposal areas, and perform all relocations determined by the Government to be necessary for construction, operation, and maintenance of the Rehabilitation Effort and the Project. C. As further specified in Article IV, the Public Sponsor shall contribute, in cash, in -kind services, or a combination thereof, a contribution toward construction of the Rehabilitation Effort in an amount equal to 20 percent of total Rehabilitation Effort costs. D. The Public Sponsor shall not use Federal funds to meet its share of total Rehabilitation Effort costs under this Agreement unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. E. The Public Sponsor shall hold and save the Government free from all damages arising from the construction, operation, and maintenance of the Rehabilitation Effort, and any related betterments, except for damages due to the fault or negligence of the Government or the Government's contractors. F. The Public Sponsor agrees to participate in and comply with the policies and procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection Program.. G. The Public Sponsor may request the Government to accomplish betterments. The Public Sponsor shall be solely responsible for any increase in costs resulting from the betterments and all such increased costs will be paid in advance by the Public Sponsor in accordance with Article IV. ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS, AND PUBLIC LAW 91-646 COMPLIANCE A. The Government shall provide the Public Sponsor with a description of the anticipated real estate requirements and relocations for the Rehabilitation Effort. Thereafter, the Public Sponsor shall furnish all lands, easements, and rights -of -way, including suitable borrow and dredged or excavated material disposal areas, and perform any relocations, as may be determined by the Government in that description, or in any subsequent description, to be necessary for the construction, operation, and maintenance of the Rehabilitation Effort. The necessary lands, easements, and rights - of -way may be provided incrementally for each construction contract. All lands, easements, and rights -of -way determined by the Government to be necessary for work to be performed under a construction contract must be furnished prior to the solicitation of that construction contract. B. The Public Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970, Hovander Park Levee Project Job No. NSK-3-09 79 Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations contained in 49 CFR Part 24, in acquiring lands, easements, and rights of way, and performing relocations for construction, operation, and maintenance of the Rehabilitation Effort, including those necessary for relocations, borrow materials, and dredged and excavated material disposal, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - METHOD OF PAYMENT A. The Public Sponsor shall provide, during the period of construction, cash payments, in -kind services, or a combination thereof, required to meet the Public Sponsor's obligations under Article II of the Agreement. Rehabilitation Effort costs are currently estimated to be $429,000, which includes the estimated cost for repairing flood damage to the existing levee (i.e., repair in place = $278,000) and estimated additional costs for constructing the new set back levee alignment (i.e., Locally Preferred Alternative = $151,000). The Public Sponsor cost share obligation for the Rehabilitation Effort includes their 20% share of the $278,000 repair in place cost estimate, plus $151,000 for the difference in estimated costs between the repair in place alternative and the proposed set back levee alternative, for a total Public Sponsor cost share obligation of $207,000 to be paid through cash and in -kind services. In order to meet the Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash contribution estimated to be $151,000.00. The dollar amounts set forth in this paragraph are based upon the Government's best estimates that reflect projections of costs, price level changes, and anticipated inflation. Such cost estimates are subject to adjustments based upon costs actually incurred and are not to be construed as the total financial responsibilities of the Government and the Public Sponsor. B. The required cash contribution shall be provided as follows: At least ten calendar days prior to the award of the first construction contract, the Government shall notify the Public Sponsor of the Public Sponsor's estimated share of the total Rehabilitation Effort costs including the Public Sponsor's estimated share of the costs attributable to the Rehabilitation Effort incurred prior to the initiation of construction. Within five calendar days thereafter, the Public Sponsor shall provide the Government the full amount of the required contribution by delivering a check payable to "FAO; USAED Seattle" to the Contracting Officer representing the Government. The Government shall draw on the funds provided by the Public Sponsor such sums as the Government deems necessary to cover contractual and in-house fiscal obligations attributable to the Rehabilitation Effort as they are incurred, as well as Rehabilitation Effort costs incurred by the Government. In the event that Rehabilitation Effort costs are expected to exceed the estimate given at the outset of construction, the Government shall immediately notify the Public Sponsor of the additional contribution the Public Sponsor will be required to make to meet the Public Sponsor's share of the revised estimate. Within ten calendar days thereafter, the Public Sponsor shall provide the Government the full amount of the additional required contribution. Hovander Park Levee Project 4 Job No. NSK-3-09 W C. During the period of construction, the Government will provide periodic financial reports on the status of the total Rehabilitation Effort costs and status of contributions made by the Public Sponsor. Upon completion of the Rehabilitation Effort and resolution of all relevant contract claims and appeals, the Government shall compute the Rehabilitation Effort costs and tender to the Public Sponsor a final accounting of the Public Sponsor's share of Rehabilitation Effort costs. 1. In the event the total contribution by the Public Sponsor is less than the Public Sponsor's required share of total Rehabilitation Effort costs, the Public Sponsor shall, no later than 90 calendar days after receipt of written notice, make a cash payment to the Government of whatever sum is required to meet the Public Sponsor's required share of Rehabilitation Effort costs. 2. In the event total contribution by the Public Sponsor is more than the Public Sponsor's required share of Rehabilitation Effort costs, the Government shall, no later than 90 calendar days after the final accounting is complete, subject to the availability of funds, return the excess to the Public Sponsor; however, the Public Sponsor shall not be entitled to any refund for in -kind services. In the event the existing funds are not available to repay the Public Sponsor for excess contributions provided, the Government -shall seek such appropriations as are necessary to repay the Public Sponsor for excess contributions provided. ARTICLE V - CREDITING OF IN -KIND SERVICES The Government has approved a credit for In -Kind Services, compatible with the Rehabilitation Effort, in the estimated amount of $56,000 for implementation of such services by the Public Sponsor. The affording of such credit shall be subject to an onsite inspection by the Government to verify that the work was accomplished in a satisfactory manner and is suitable for inclusion in the Rehabilitation Effort. Crediting and/or reimbursement is subject to satisfactory compliance with applicable Federal labor laws covering non -Federal construction, including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards.Act (formerly 40 U.S.C. 327 et seq.) and the Copeland Anti -Kickback Act (formerly 40 U.S.C. 276c)). Crediting and/or reimbursement may be withheld, in whole or in part, as a result of the Non -Federal Sponsor's failure to comply with its obligations under these laws. The actual amount of such credit shall be subject to an audit conducted to determine reasonableness, allocability, and allowability of costs. The Government shall apply the credit amount toward any additional cash contribution required under this Agreement. The Public Sponsor shall not receive credit for any amount in excess of such additional cash contribution,. nor shall the Public Sponsor be entitled to any reimbursement for any excess credit amount. Hovander Park Levee Project Job No. N5K-3-09 ARTICLE VI - OPERATION AND MAINTENANCE A. After the Contracting Officer has determined that construction of the Rehabilitation Effort is complete and provided the Public Sponsor with written notice of such determination, the Public Sponsor shall operate and maintain the Project, at no cost to the Government, in accordance with specific directions prescribed by the Government in Engineer Regulation 500-1-1 and any subsequent amendments thereto. B. The Public Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon land that the Public Sponsor owns or controls for access to the Project for the purposes of inspection, and, if necessary, for the purpose of completing, operating, and maintaining the Project. If an inspection shows the Public Sponsor for any reason is failing to fulfill the Public Sponsor's obligations under this Agreement without receiving prior written approval from the Government, the Government will send a written notice to the Public Sponsor. If, after 30 calendar days from receipt of such notice, the Public Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon lands the Public Sponsor owns or controls for access to the Project for the purposes of completing, operating, and maintaining the Project, or to deny further assistance under Public Law 84-99. No action by the Government shall operate to relieve the Public Sponsor of responsibility to meet the Public Sponsor obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to assure faithful performance pursuant to this Agreement. ARTICLE VII - FEDERAL AND STATE LAWS In the exercise of the Public Sponsor's rights and obligations hereunder, the Public Sponsor agrees to comply with all applicable Federal and state laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army"; and all applicable Federal labor standards requirements including, but not limited to, 40 U.S.C. 3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et. seq.) and the Copeland Anti -Kickback Act (formerly 40 U.S.C. 276c)). ARTICLE VIII - RELATIONSHIP OF PARTIES The Government and the Public Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither party is to be considered the officer, agent, nor employee of the other. Hovander Park Levee Project 6 Job No. NSK-3-09 ARTICLE IX - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, or resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE X - COVENANT AGAINST CONTINGENT FEES The Public Sponsor warrants that no person or selling agency has been employed or retained to. solicit or secure this Agreement upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Public Sponsor for the purpose of securing business. For breach or violation of this warranty, the Government shall have the right to annul this Agreement without liability, or, in the Government's discretion, to add to the Agreement or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE XI - TERMINATION OR SUSPENSION If at any time the Public Sponsor fails to carry out its obligations under this Agreement, the District Commander shall terminate or suspend work on the Rehabilitation Effort, unless the District Commander determines that continuation of work on the Rehabilitation Effort is in the interest of the United States or is necessary in order to satisfy agreements with any other non -Federal interests in connection with this Rehabilitation Effort and Project. However, deferral of future performance under this agreement shall not affect existing obligations or relieve the parties of liability for any obligation previously incurred. In the event that either party elects to terminate this Agreement pursuant to this Article, both parties shall conclude their activities relating to the Rehabilitation Effort and proceed to a final accounting in accordance with Article IV of this Agreement. In the event that either party elects to defer future performance under this Agreement pursuant to this Article, such deferral shall remain in effect until such time as either the Government or Public Sponsor elects to proceed with further construction or terminates this Agreement. ARTICLE XII - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the Contracting Officer, the Public Sponsor shall perform, or cause to be performed, such investigations for hazardous substances as are determined necessary by the Government or the Public Sponsor to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 U.S.C. Sections, 9601-9675, on lands necessary to Rehabilitation Effort construction, operation, and maintenance. All actual costs incurred by the Public Sponsor that are properly allowable and allocable to performance of any such investigations for hazardous substances shall be included in total Rehabilitation Effort costs and cost shared as a construction cost. Hovander Park Levee Project 7 Job No. NSK-3-09 B. In the event it is discovered through an investigation for hazardous substances or other means that any lands, easements, rights -of -way, or disposal areas to be acquired or provided for the Project or the Rehabilitation Effort contain any hazardous substances regulated under CERCLA, the Public Sponsor and the Government shall provide prompt notice to each other, and the Public Sponsor shall not proceed with the acquisition of lands, easements, rights -of -way, or disposal areas until mutually agreed. C. The Government and the Public Sponsor shall determine whether to initiate construction of the Rehabilitation. Effort, or, if already in construction, to continue with construction of the Rehabilitation Effort, or to terminate construction of the Rehabilitation Effort for the convenience of the Government in any case where hazardous substances regulated under CERCLA are found to exist on any lands necessary for the Rehabilitation Effort. Should the Government and the Public Sponsor determine to proceed or continue with the construction after considering any liability that may arise under CERCLA, the Public Sponsor, shall be responsible, as between the Government and the Public Sponsor, for any and all necessary clean up and response costs, to include the costs of any studies. and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of the total Rehabilitation Effort costs as defined in this Agreement. In the event the Public Sponsor fails to provide any funds necessary to pay for clean up and response costs or to otherwise discharge the Public Sponsor's responsibilities under this paragraph upon direction by the Government, the Government may either terminate or suspend work on the Rehabilitation Effort or proceed with further work as provided in Article XI of this Agreement. D. The Public Sponsor and Government shall consult with each other to assure that responsible parties bear any necessary clean up and response costs as defined in CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve any party from any liability that may arise under CERCLA. E. As between the Government and the Public Sponsor, the Public Sponsor shall be considered the operator of the Project (which the Rehabilitation Effort is repairing and restoring) for purposes of CERCLA liability. To the maximum extent practicable, the Public Sponsor shall operate and maintain the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XIII - NOTICES A. All notices, requests, demands, and other communications required or .. permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally, given by prepaid telegram, or mailed by first-class (postage prepaid), registered, or certified mail, as follows: Hovander Park Levee Project Job No. NSK-3-09 If to the Public Sponsor: If to the Government: Whatcom County Public Works District Commander River and Flood Division P.O. Box 3755 322 N. Commercial St., Ste.120 Seattle, WA 98124-3755 Bellingham, WA 98225 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at such time as it is either personally delivered, or, seven calendar days after it is mailed, as the case may be. IN WITNESS HEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Commander. THE DEPARTMENT OF THE ARMY IC • ANTHONY O. WRIGHT Colonel, Corps of Engineers Commanding DATE: WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT - WHATCOM COUNTY, WASHINGTON PETE KREMEN County Executive, Acting on behalf of the WCFCZD Board of Supervisors DATE: Approved as to form only: Daniel L. Gibson Date Deputy Prosecuting Attorney Hovander Park Levee Project Job No. NSK-3-09 0 CERTIFICATE OF AUTHORITY I, Do,e,i L AibSs-v✓ , do hereby certify that I am a Deputy Prosecuting Attorney and legal counsel for the Whatcom County Flood Control Zone District; that the Whatcom County Flood Control Zone District is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the Whatcom County Flood Control Zone District in connection with the Hovander Park Levee Project, Job No. NSK-3-09, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 94-611 (42 U.S.C. Section 1962d-5b); and that the persons who have executed this Agreement on behalf of the Whatcom County Flood Control Zone District have acted within their statutory authority. . IN WITNESS WHEREOF, I have made and executed this certification this �-41� day of 2009. J. WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT - WHATCOM COUNTY, WASHINGTON Name: Deputy Prosecuting Attorney for Whatcom County, Washington Hovander Park Levee Project 10 Job No. NSK-3-09 -O CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of. Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,. or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DATED this day of . 2009' Approved as to form only:. �n� 2 Daniel L. Gibson, Deputy Prosecuting Attorney WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT - WHATCOM COUNTY, WASHINGTON PETE KREMEN County Executive, Acting on behalf of the WCFCZD Board of Supervisors Hovander Park Levee Project Job No. NSK-3-09 11 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-327 CLEARANCES Initial Date ate Received in Council Office Agenda Date Assigned to: Originator: 7/01 V � D 7 JUL 14 2009 WHATGOM COUNTY 7/21/09 Finance/Counc Division Head: of Rvm 7 0 OB- 9 Dept. Head. 7 V Prosecutor: 07l j0r%% / 0Cl COUNCIL Purchasing/Budget: 71,:0 63 Executive: t / //0� 7— TITLE OFDOCum T: Construction Contract Award — Hannegan Road Scott Ditch Bridge No. 245 Replacement CRP #908014; Federal Aid No. ARRA-T371 (008) ATTACHMENTS. 1. Cover Memo 2. Resolution amending County Road Project (CRP) Number and Award Construction Contract 3. Approval to Award Construction Contract endorsed by Executive 4. Project Summary and Vicinity Map 5. Project Cost Breakdown 6. Bid Tabulation 7. Low Bid Proposal SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending CRP #908014 and authorizing additional funds for the award of a contract for Hannegan Road Scott Ditch Bridge No. 245 Replacement to Max J. Kuney Company as low bidder in the amount of $805,522.40. 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 andprinting on the County's website at. www.co.whatcom.wa.us/council. WHATCOM COUNTY JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT �� tom C0 Assistant Director/County Engineer 3 Za 2011 Young St., Suite 201 FRANK M. ABART Bellingham, g WA 98225-4052 Director �q '==.; ``o�' Phone: (360) 715-7450 Syipr Fax: (360) 715-7451 MEMORANDUM To: The Honorable Pete Kremen, Whatcom County Executive and The Honorable Members of the Whatcom County Council Through: Frank M. Abart, Director rJ�` Lf7 p� From: Joseph P. Rutan, P.E., Assistant Director/Count Engineers ZvfAA1 Chris C. Brueske, P.E., Engineering Manage Date: July 8, 2009 Re: Hannegan Road Scott Ditch Bridge No. 245 Replacement CRP No. 908014 - Federal Aid No. ARRA-T371 (008) Construction Contract Award Attached for your review and signature is the standard construction contract award package for the Hannegan Road Scott Ditch Bridge No. 245 Replacement project. Said package consists of an agenda bill, resolution amending the CRP and awarding the contract, approval of contract award form endorsed by the Executive, project summary and vicinity map, project cost breakdown, tabulation of all bids, and the low bid proposal. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to enter into a contract for the subject project to the low bidder, Max J. Kuney Company in the amount of $805,522.40 including all taxes. This recommendation is based on a review of six (6) bids received. Background and Purpose Bid proposals for the project were opened at 2:30 p.m. on Tuesday, July 7, 2009. The project is listed as Item No. 12 on the 2009 Annual Construction Program that was adopted by the Council on September 23, 2008. Funding Amount and Source Federal funds from the American Recovery and Reinvestment Act of 2009 provide for $600,000 of the bridge construction costs. The remaining project costs are provided by local funds coming from the approved 2009 Annual Road Construction Program. Please contact Chris Brueske at extension 50617 if you have any questions or concerns regarding the terms of this agreement. In accordance with W.C.C. 3.08.2 , I concur with this recommendation: Chris Mohnkem, Purchasing Coordinator Date 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 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 INTRODUCED BY PROPOSED BY PUBLIC WORKS DEPARTMENT DATE: RESOLUTION NO. AMENDING COUNTY ROAD PROJECT NO. 908014 AND AUTHORIZING ADDITIONAL FUNDS FOR THE AWARD OF A CONTRACT FOR "HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245 REPLACEMENT." WHEREAS, this project is included in the officially adopted 2009 Annual Construction Program as Item No. 12; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council: That CRP #908014 is formally amended to include the construction of the Hannegan Road Scott Ditch Bridge No. 245 Replacement; The Contract for this project is awarded to Max J. Kuney Company, in the amount of their bid of $805,522.40. An appropriation from the officially adopted Road Fund Budget and based on the County Engineer's estimate is hereby made in the amounts and for the purposes shown: PURPOSE AMOUNT OF APPROPRIATION Preliminary Engineering $ 143,000.00 Right -of -Way $ 0.00 Construction Contract $ 805,522.40 Construction Engineering / Testing / Contingency $ 100,000.00 Total $ 1,048,522.40 BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in accordance with RCW 36.77.020 et. seq. PASSED this day of , 2009 ATTEST: Dana Brown -Davis Clerk of the Council Approved as to Form: Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood Council Chair a WHATCOM COUNTY 00M co JOSEPH P. RUTAN, P.E. PUBLIC WORKS DEPARTMENT rP a Assistant Director/County Engineer Za 2011 Young St., Suite 201 >>,� Bellingham, WA 98225-4052 FRANK M. ABART Director `yqs'-�' = �oPhone: (360) 715-7450 NINE+ Fax: (360) 715-7451 Hannegan Road Scott Ditch Bridge No. 245 Replacement CRP 908014 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Hannegan Road Scott Ditch Bridge No. 245 Replacement; CRP #908014 F.A. No. ARRA-T371(008) To: Max J. Kuney Company In the amount of their bid proposal $805,522.40 including all taxes. Whatcom County Executive Approving Authority Daniel L. Gibson Asst. Chief Civil Deputy Prosecutor Date v 41 9 ate 91 Whatcom County Public Works 2009 Annual Construction Program Revised Project Narrative Hannegan Road - Scott Ditch Bridge #245 - CRP #908014 2009 Annual Construction Program Construction Funding Year(s): 2009 Project Narrative: This project is located approximately 1 mile south of the Nooksack River at the corners common to sections 28, 29. 33 & 32 T39N, R3E. The current bridge is a two -span bridge with a timber substructure. It is overload restricted and is showing signs of distress in the concrete girders. The bridge will be replaced with a single span bridge suitable for the heavy truck traffic on Hannegan Rd. This project is listed #12 on the 2009-Annual Construction Program. New Construction Features: Total Width 40' Lane Width 12' Shoulder Width 6+' Curb / Gutter N/A Sidewalk N/A Bridge Length 70' Project Status: Design & Permitting will be completed in 2008-2009. The start date for construction will depend on changes to the condition of the bridge and availability of funding. Project Funding: 2009 Total Federal / State Local ***See Detailed Project Cost Breakdown*** Total Environmental Permitting (Agencies/Permits): HPA, SEPA, CLR/ CAO, Sec. 401 Water Quality Certification, BA Right -of -Way Acquisition ($ Estimate): N/A Day Labor ($ Estimate): N/A BADGER RD. 546 BERTHUUS PA K 539 X s L DEN Z eew C RD. NTS W. MAIN RD. E. MAIN EET..._.. _ -- - — ... .....__..-._;...... I-- .-._.._L..........--- --- ---- Burlington Northern Ry. �•� c o z a N L M T O P 0. E T ST. RD. ] AMPTON b RD.LU POLINDER RD. RD. w m Gee 0 o STICKNEY 61 Scott �qVD Rp NOLTE D. RIVER VA Z DYK Z / � RD. RiverLAKE WISER LAKE RD E. USLAKE RD. R SON VAN DYK �JG S w �Wis Laken EV RS N d ci </ZZ/-'' r i Fountain it WEST Gt. Lake 4 w w _ -1 CF� 54 E POLE RD. G� � a IACRP CURRENT PROJECTSIHANNEGAN RD-SCOTT DITCH BRIDGE245-9080141600-CONSTRUCTION\611-CONTRACTACOUNCIL PACKS nNamativeO9R.doc 92 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M.ABART Director Funding Source Preliminary Engineering Right of Way Contract Construction Engineering, Testing, Mitigation, and Contingency OM CO `Y9SH IN G'to Project Cost Breakdown Hannegan Road Scott Ditch Bridge No. 245 Replacement CRP #908014 Whatcom County Federal Funds $143,000 $0 $205,522 $0 $600,000 JOSEPH P. RUTAN, P.E. Assistant Director/County Engnineer 2011 Youne St., Suite 201 Bellineham. WA 98225-4052 Phone: (360) 715-7450 Fax: (360) 715-7451 TOTAL $143,000 $0 $805,522 $100,000 $100,000 Total $448,522 $600,000 $1,048,522 HsnnSoott Project Cost Breekdmn,xls 93 OQ g S$ OQ O O$ O$$ 0 4 00 O O O S S O S S$ O O.$$ $$ Sg M O$$ O S O O S"$ O $o8m88 wS8$Nod$am P$§ 0 o $ SO"» �888g8�N%o 8 042NF «{ a a W JJms.m�dys $��Nsss$d�Ns�$$$� $;$gOgOdn$siSS,QSSu�i » C41.M 'ss8sss$$ss$s ..... sss . $ o �ss < o rmomw§o = omg 000..�. m w� IliCR s ' 0 as �es�$s �u J 6 J oo. 164 m800 8moo 6 88 84p w F$8 $c-qJj ,^❑.LLo�88890 88 84 CC3 �u aY J8w J�J »Bw9J 8» marQi�Sw �oo,$g �i,ov a ry$�sm�ina' Rio a $.oyry oo o m m om�m 16 G.f. 9<�s8»a_ryn qo moo €F H S 2a 19 w$waN2 a Q a v Z n 6 6 !q n v m g m Oro JR' J�Jo»$�LLUJUaLL$w'$ v iq n l w9m S,'. t-� m�a m 00 00 $ o0 8 $ $ 8 00 $ oo $ $ $ ❑88588 mo 0 8 F �� ow`a�Ti `� $�v °m0 gcim `� o$n o m2w v o 0 O �o0 8 wSw w9w _ »tJ» _vmi�'m ��w - J Juisn Jdm$o c3 J8,88i,8.4 6888880 oNH 068o l LL2",Q Sim R $o �d a vOUVOi�N v'Ci 0 0 O O O$ O O O O$ O S 0o o Oa O;; $ O O S° $g S� O O Q$ dge �$SRaw. 80 80 8gS2R$ RS 2O gQS lo nuO 'wS$ �NO3_ yS 0 p ax _eRo I n.,O o"ad» 6j1m a JJJ�SJdJs$oJe�$$$od�JSSS$ $st �J n$LL n�coi oss,ss$sLLss n�oa Um <$$mcmiN�w moo ssosg F V 0� $M 8R.6gq R. .. 000$88888088888808008o$S80088ggS.eq ���8R8S88��gR$8m0000mmmr$ow�$e�w�ge�HNO�o u`N"i z Eli Y JJJ$�JLLni $8$ $ Jeoo'u!8$ SS�,dU J$wo$ io oo 0�oo 16 ?ogS LL"i .6 S8$ ss d t-m uw mSi� amn Si`�w"» '888888888�$8888$88888588$88S$88S$8888$8$$$88oS8 0 C 'd JJJgdJ l/!fgOOf/1 LL _j N$gOg SN$mOpS$ JJ cc wS`9r'w Um$ Jm'�', O$S$O s$ SSOO �{OSS 8OS$S$8Sgi �7iw .9i��i�nn8`aLL$$mwu4 ~ 0 41 J !q tll J J m li z m VI d J W Vl J T ) O U l/1 Y J o Vl Y J Ci O O p p O f LL U N J J > ii ti J > a m LL J U a J p > a� w LL li LL J J li Y. J J Z Z ) ci ILL J J LL a JJ` HJdJmeln�SNS$884 ��$B��� Ng�ud4<8R3e NRm �d j j o a ¢ n w m � � ;yt^!' V WO WJ Z Q m Z Z m 2 U J z Z m U O y Ky�� W F' W N p J J O N Q 0 Q O W f U m p m U W p U Z O a p K S U U Z qy 0 U p Z O Y U W m p Z W O m It W umIz U U> U> z�g m m ��uuppko m U c�W H Z o W p u- Z j W xU U K Z' t m m O Y rc a O F > mm Z OO a- j %m p moF m W Z O F >> Q O rum Q O O z S L¢ twpm O- O m W ('l LLwcpiazzcii Z S O F W U (7 W x F p a y az R O z Z ¢ 3 Q C Z am m 0 ZO Z O rc p m w> Zp F- p ¢ K W a U XX W K Y LL¢ W K J=J 2 m a R ,,'„� N U o m o K W y m U O ¢ Q W Cj m Z U Z S )) R F p m LL mW ¢ U w z�- w---- W o aa K aama K Z W m W QW F W �> i7d" U Z O Z 1III, W W Q f K W o mw W N Z mMOM. S S m U' p¢¢ z~ Z� O 222 W W 2 Q o U K JQ o K m� Q J � LL j' N O 3 ? Q tl �U W O W t~/1 g-mOjo O jR Z=_ jK»hE%i �WW w F W O W U U tiLLO2Z�UUrc W Ur rcwaoy9wad°wu5 W J�NLL'W.,>�U' O (7 U' Kl-ymjD�� p U Nirc5o�owaia��rcoiLL���on�rc im a LL O U a M.M.K m m � m O f.9 U U Q Q .... F m w » LL O p U U w m W 00 m m 0 » �cai 7 LL a a �$ ���NNmNNmr�smC^y°CimPPi1+ vv<ose Alf O C � '- )4 _ R .� 5 cpp .5 .o U, G a c T m O val }00E ❑o E 3 5 z w i BID PROPOSAL FOR HANNEGAN ROAD SCOTT DITCH BRIDGE NO.245 REPLACEMENT CRP NO.908019 FEDERAL AID NO. ARRA-T371(008) Date June 30, 2009 TO: Whatcom County Executive and Council Whatcom County Courthouse 311 Grand Avenue Bellingham, Washington 98225 Gentlepersons: This certifies that the Undersigned: has examined the location of the project site and the conditions of work; and has carefully read and thoroughly understands the contract documents entitled: _ "Hannegan Road Scott Ditch Bridge No. 245 Replacement," Whatcom County, Washington, including the "Bid Procedures and Conditions," "Specifications and Conditions," "Contract Forms," "Construction Plans," and "Appendix," governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents, and agrees to accept as payment for said work, the schedule of lump sum and unit prices as set forth in the "Bid" below. The Undersigned acknowledges that payment will be based on the actual work performed and material used as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not included in each lump sum or unit price, and that the basis for payment will be the actual work performed and measured or provided for in accordance with the said contract documents. The Undersigned certifies that it is not currently disqualified from bidding on any public works contract under RCW 39.06.010 or RCW 39.12.065(3). HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245 REPLACEMENT CRP NO.908014 -9- 95 HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245 REPLACEMENT CRP 908014 Bid Proposal Form Bidder: Max J. Kuney Co. "M "N __MW N�; MR 7 o Y. 40.1" W�' gl 'g 0';Z NIT A E TION-4 01 1 LUMP MOBILIZATION L.S. L.S. SUM 2 L.S. SPCC PLAN L.S. L.S. 3 L.S. PROJECT TEMPORARY TRAFFIC L.S. L.S. 3 CONTROL 4 HOUR FLAGGERS AND SPOTTERS 200 per HIR 5 SQUARE CONSTRUCTION SIGNS CLASS A 260 FOOT per S.F. 6 LUMP CLEARING AND GRUBBING L.S. L.S. (0, 70- 0 SUM 7 FORCE ROADSIDE CLEANUP F.A. F.A. $ 2,000,00 ACCOUNT 8 LUMP REMOVE EXISTING BRIDGE 245 L.S. L.S. a5 Iwo 00, SUM 9 EACH SALVAGE AND DELIVER BRIDGE GIRDERS 8 per EA 10 CUBIC ROADWAY EXCAVATION INCL. HAUL 240 '3 61 YARD per C.Y. 11 CUBIC STRUCTURE EXCAVATION CLASS A 357 (6q YARD INCL. HAUL per C.Y. 12 LUMP SHORING OR EXTRA EXCAVATION L.S. L.S. to SUM CLASS A 13 CUBIC STRUCTURE EXCAVATION CLASS B 100 YARD INCL. HAUL per C.Y. 14 LUMP SHORING OR EXTRA EXCAVATION L.S. L.S. t sum CLASS 15 CUBIC GRAVEL BACKFILL FOR WALLS 100 YARD per C.Y. 16 TON GRAVELBASE 200 per TON 17 TON CRUSHED SURFACING BASE COURSE 100 I I I per TON 10 I/ HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245 REPLACEMENT CRP 908014 Bid Proposal Form Bidder: Max J. Kuney Co. 18 TON COMMERCIAL HMA 260 d per TON 19 FORCE ANTI -STRIPPING ADDITIVE F.A. F.A. $ 2,000.00 ACCOUNT 20 CALC ASPHALT COST PRICE ADJUSTMENT 1 CALC $ 4,000.00 ��tiDbdv�' 21 LUMP SUPERSTRUCTURE SCOTT DITCH L.S. L.S. SUM BRIDGE NO.245 22 LINEAR PC GIRDER - W35DG 525 90 0� q j1 080 FOOT (35-INCH DECK BULB TEE) per L.F. If 23 LB ST. REINF. BAR 7,200 ` per LB 24 CUBIC CONC. CLASS 4000 FOR BRIDGE 66 Da �'� � � n fie' +�j g y c) YARD per C.Y. � [s 3S`2 = 25 LINEAR TRAFFIC BARRIER 202 FOOT per L.F. 26 SQUARE BRIDGE APPROACH SLAB 223 �j �� 1— �- YARD per S.Y. 27 EACH FURNISHING AND DRIVING CONCRETE 2 % 000 TEST PILE 24 IN DIAMETER per EA 28 LINEAR FURNISH CONCRETE PILE 905 0 10 � q FOOT 24 IN DIAMETER per L.F. I r (I 29 EACH DRIVING CONCRETE PILE 10 24 IN DIAMETER per EA 30 CALC DEFICIENT STRENGTH CONC. 1 CALC $ 1.00 PRICE ADJUST 31 EA CATCH BASIN TYPE 1 2 U Ord q C� per EA 32 LINEAR CORRUGATED POLYETHYLENE 30 FOOT CULVERT PIPE 12" DIA per L.F. 33 DAY ESC LEAD 10 D® ISO , p0 C� 0 per DAY 34 SQUARE SEEDING AND FERTILIZING BY HAND 300 YARD per S.Y. 11 Revised 6/30/09 97 HANNEGAN ROAD SCOTT DITCH BRIDGE NO. 245 REPLACEMENT CRP 908014 Bid Proposal Form Bidder: Max J. KuneV Co. f I "T "I. n. I 'UR NMA� P Oil 0 M. ENO M EAS U RI A. QUARTI-F IN (CURES rz u 35 FORCE EROSIONMATER POLLUTION CONTROL F.A. F.A. $ 10,000.00 ACCOUNT 36 LINEAR SILT FENCE 450 FOOT per L.F. 37 LINEAR GEOTEXTILE-ENCASED CHECK DAM 32 t "a, FOOT per L.F. e), 1�1u- 38 LINEAR EXTRUDED CEMENT CONCRETE 50 FOOT CURB TYPE 5 per L.F. 39 LINEAR BEAM GUARDRAIL TYPE 1 63 FOOT per L.F. 40 EACH BEAM GUARDRAIL TRANSITION SECTION 4 TYPE per EA to 41 EACH BEAM GUARDRAIL NON -FLARED 2 TERM I NAL - ET -PLUS TL3 per EA �o 0--1 1,(,c q 42 EACH BEAM GUARDRAIL ANCHOR TYPE 1 2 per EA 43 TON QUARRY SPALLS 50 per TON 44 TON LIGHT LOOSE RIPRAP 320 per TON 45 CUBIC FILTER BLANKET 120 YARD per C.Y. ................. 46 LINEAR PAINT LINE 252 I FOOT per L.F. 15 t 10 47 LINEAR PAINTED WIDE LINE 504 FOOT per L.F. 48 FORCE UNANTICIPATED SITE WORK F.A. F.A. 70,000.00 ACCOUNT TOTAL BID AMOUNT (Bid Items 1-48) SOS, 12 w NON -COLLUSION DECLARATION HANNEGAN ROAD SCOTT DITCH BRIDGE NO.245 REPLACEMENT CRP NO.908019 FEDERAL AID NO. ARRA-T371(008) I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that the following statements are true and correct: 1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. 2. That by signing the signature page of this proposal, I am deemed to have signed and have agreed to the provisions of this declaration. NOTICE TO ALL BIDDERS To report bid rigging activities call: 1-800-424-9071 The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m. Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should use the "hotline" to report such activities. The "hotline" is part of USDOT's continuing effort to identify and investigate highway construction contract fraud and abuse, and is operated under the direction of the USDOT Inspector General. All information will be treated confidentially and caller anonymity will be respected. HANNEGAN ROAD 5COTr DUCH BRIDGE NO.24$ REPLACEMENT CRP NO.909014 13- BIDDER IDENTIFICATION The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made, and the number which has been assigned indicating the Bidder is licensed to do business in the State of Washington are as follows: Firm Name: Max J. Kuney Company Address: PO Box 4008 Spokane WA 99220-0008 ; Telephone: 509-535-0651 Contractor's WA Registration Number: KU NE YM J372 NO Contractor's WA UBI Number: 328-031-744 Contractor's WA Employment Security Department Number: 1 74943 Contractor's WA Excise Tax Registration Number: 328-031-744 The Firm submitting. this -proposal is a: Sole Proprietorship Partnership xx Corporation The names and titles of the principal officers of the corporation submitting this proposal, or of the partnership, or of all persons interested in this proposal as principals are as follows: Max J. Kuney IV. President Daniel Kuney, Vice President Karsten Olson, Vice President Robert A. Haney, See-Treas. NOTE: Signatures of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. HANNEOAN ROAD SCOTP DITCH BRIDGE NO. 24S REPLACEMENT CRP NO.909014 -14- 100 BID PROPOSAL SIGNATURE AND ADDENDUM ACKNOWLEDGMENT The bidder is hereby advised that by signature of this proposal he/she is deemed to have acknowledged all requirements and signed all certificates contained herein. The undersigned hereby agrees to pay labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages as specified in the Specifications and Conditions for this project. CASH CASH CERTIFIED CHECK PROPOSAL BOND 0 0 :04 IN THE AMOUNT OF ($ ) PAYABLE TO WHATCOM COUNTY IN THE AMOUNT OF 5% OF THE BID. Receipt is hereby acknowledged by addendum(s) No.(s) 1, , 2 , & SIGNATURE OF AUT ORIZE OFFICIAL(S) (PROPOSAL MUST BE SIGNED) 14�,A1 Kars en Olson, Vice President (Seal) FIRM NAME: Max I. Kuney Company STATE OF WASHINGTON ) ) ss. COUNTY OF Spokane On this 6th day of ,July , 2009 , before me personally appeared Karsten Olson to me and who executed the above instrument and who act 9 0% nTAhTy A a JEXP. a -Zulu! Z This proposal form is not a$lp g prior permission from Whaf�p!,_ subsequent rejection of the biQ'i/�,,. R WA HANNEGAN ROAD SCOTT DITCH BRIDGE NO.245 REPLACEMENT CRP NO.908014 -15- nown to be the person described in to me thenact of sianiniz thereof / '-(� NOTARY PUBL , in and for the State of Washingo6n, residing at: Spokane My Commission Expires: Ajig 20, 201 n Dn of the firm's name entered hereon without for considering the proposal irregular and for 101 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-052 CLEARANCES Initial Date Date Received in Council O tce Agenda Date Assigned to: Originator David Stalheim: ( �� +Uj - E E u V IE L- 11-12-08 Planning Committee Division Head: 7ANI 2 0' 2009 r : t^ , NTY I1-25-08 Planning Committee Dept. Head: David Stalheim /-/3-09 Planning Committee Prosecutor: _PW 1-27-09 PlanningCommittee Purchasing/Budget.- �.,,., . , ` rY �1�JUi GJL 2/10/09 2/24/09 Planning Committee ,Planning Co--Inittee 3/31/09 Planning Com�ittee Executive:-a(�-© 4/14/09 Planning Committee TITLE OF DOC M NT: 4 1 09 s ecial coTW � 26Q!09 PI&ni3ing Committ Urban Growth Area Review Process U9 Planning Committ ATTACHMENTS: Memo SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding Urban Growth Areas review process, focusing on growth allocation memo and relevance to alternatives discussion. COMMITTEE ACTION: COUNCIL ACTION: 1/13/2009: Discussed. Approved joint Planning Commission/ Council meeting on February 12, 2009 1/27/2009: Discussed. 2/10/2009: Discussed 2/24/2009: Discussed. Gave staff direction to forward Ms. Craven memo to the GMCC. 3/31/2009: Discussed 4/14/2009: Discussed. Will schedule special Planning Committee meeting 4/21/2009. 4/21/2009: Discussed and updated. 5/26/2009: Discussed 7/07/2009: Committee concurred on a number of Questions for Council in the Council packet Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2008-389 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.uslcouncih 102 CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. COUNTY COURTHOUSE 311 Grand Avenue, Suite #105 Bellingham, WA 98225-4038 MEMORANDUM AGO M CO .r A .s .t �L a? 9SNING� WHATCOM COUNTY COUNCIL TO: Whatcom County Council members Pete Kremen, Whatcom County Executive From: David Stalheim, Director -DS� Planning and Development Services Rebecca Craven Council Planning and Policy Analyst COUNCILMEMBERS Barbara E. Brenner Laurie Caskey-Schreiber Sam Crawford Seth M. Fleetwood Bob Kelly L. Ward Nelson Carl Weimer Re: Discussion of 10 year UGA review Descriptions of staff preliminary draft options Process for identification of preferred alternative for FEIS Date: July 14, 2009 The staff has been reviewing the city UGA proposals, the public comments on those proposals and the GMCC policy recommendations to develop a set of decision options and a package of proposed comprehensive plan, code and map changes for consideration by decision makers and the public as we go forward in the public review and hearing process. As you know, the first public hearing on the package of proposals has been set for September 8 and will be held jointly by the Planning Commission and Council. Staff intends to produce the package of proposals for public review by the first part of August, and that will require that a preferred alternative be identified for the FEIS by late July. The Council as a whole should not act to identify a preferred alternative at the risk of appearing to commit to a particular decision before the hearing process, and staff does not feel that it is an appropriate role for staff to identify a preferred alternative. We are requesting that the Planning and Development Committee take on that role at your July 21 meeting, with the clear understanding that giving that direction to staff does not bind the Committee or any member of it to make the same decision when the matter comes before you for 1 Phone: (360) 676-6690 TTY: (360) 738-4555 FAX: (360) 738-2550 103 action. The act of selecting a preferred alternative will allow the completion of the environmental analysis for the FEIS on an alternative that has attributes that you think are likely to be included in the actual decision. The preferred alternative will also be the alternative for which the staff prepares a full set of draft ordinances to enact comp plan and zoning text amendments. Maps and background information, including population allocations and land capacity analysis information, will be available for all three options. No one expects your crystal ball to be precise in predicting the final decision, nor should it be: public comment and the deliberation of the Planning Commission and Council may result in a decision that differs in any number of respects from the preferred alternative. The attached document provides a basic outline of the three options that staff is proposing for consideration. These three options reflect the influence of the proposals made by the cities, the GMCC's policy recommendations and desire for the opportunity to reconcile any discrepancies in capital facilities plans over the next two years in anticipation of the 2011 comprehensive plan updates, some of the public comments relating to finding new ways to mitigate for the loss of farmland to urban development, and the Planning Committee's direction to us last week to focus one of the options around growth rates and distribution more in keeping with historical patterns. By the end of this week (July 17), we expect to have available for you a set of tables that match the narrative descriptions of these three options and indicate the proposed population allocations, population reserves and employment allocations for each of the UGAs. As soon as the staff has completed those tables, we will make them available to you electronically. We intend to spend as much time during the PDC committee meeting as you need to go through the options and understand them, with the goal that the PDC will then direct staff to use one of these options, or a minor variation of one of them, as the preferred alternative for purposes of the preparation of the FEIS and the proposal package for public hearing. Please contact either of us if you have questions. Attachment: Description of UGA options (draft 7/14/09) I:\RCraven\MEMO for PDC 072109 staff options.doc 2 104 Description of UGA Options For Consideration in Public Hearings (Draft — 7/14/09) These general options are provided to facilitate discussion of Urban Growth Area strategies for Whatcom County. Through the process of public participation and discussion, the Planning Commission and County Council will have the opportunity to adopt strategies from one or more of these options - or from other options that may be developed through the public process. Option 1. This option would shift growth away from Bellingham to other small urban areas. This option reflects the initial city and county proposals for urban growth areas withthe following modifications. Growth Forecast: The population and employment allocation would be based on the Growth Management Coordinating Council's recommendation, '"except that any allocation in excess of the EIS range would be held "in reserve". Land Capacity Assumptions: The analysis of land capacity would,be based on the proposed assumed densities provided in the initial proposals.,, For several, this means that the assumptions are based on "achieved densities", rather than "planned densities." UGA Reconciliation Assumptions: This option would not mitigate for the loss of agricultural lands unless specifically addressed>in-a city proposal, and would allow for reconciliation of capital facility plans that do not address the UGA over the 20-year planning period. Reserves: Growth allocations in excess of the EIS range would be held "in reserve" until the jurisdiction completes the environmental review process for that additional allocation. Land use plans may also indicate, those areas where the reserve allocation will be directed. Implementation of the reserve allocation would require the jurisdiction to complete a comprehensive plan amendment through the annual docketing process. UGA Boundaries: The boundaries would be from the initial proposals. Proposed UGA boundaries outside the range of EIS alternatives would be contingent upon having the respective jurisdiction complete the environmental review process. Land Use Plans: Non -urban zoning designations within the unincorporated portion of UGAs would be changed to urban designations. Lands outside the UGA would be put into either rural or resource lands as appropriate, or placed in an Urban Reserve to accommodate any reserve allocation. If the area is likely to be urbanized in the future (50 years), then rural lands would be put into 10 acre minimum lot size zones so that future urban development might be possible. EIS Comparison: This option would be similar to Alternative Y in the Draft EIS, except that rural growth would continue to be shifted to urban areas as in Option X of the Draft EIS. -1- 105 Option 2. This option would focus on Bellingham as the primary employment and population center in the county, and reflect historic growth distribution to the smaller urban growth areas. This option would emphasize infill development in the existing UGAs and would assume that planned densities would be achieved. Growth Forecast: The population and employment allocation would be modified to reflect historic share of growth distribution between Bellingham and the smaller cities. Smaller cities would be provided with a 25% increase over historic growth rates; up to the limit of the growth studied in the Draft EIS. This option would result in higher allocations to Bellingham, and lower allocations to the smaller urban areasAhan Option 1. Land Capacity Assumptions: The analysis of land capacity would be,based on "planned densities." UGA Reconciliation Assumptions: This option would result in the development of cooperative city -county mitigation strategies for the loss of agricultural lands due to urban growth. These mitigation strategies would be required for expansion of UGAs into agricultural lands. Future growth allocations requiring expansions of city limits into agricultural lands would be held in reserve until mitigation expectations are reached. This option would allow for reconciliation of capital facility plans that currently do not address the GMA's requirement to demonstrate the ability to serve over the 20-year planning period. Reserves: Growth allocations would be held in"reserve for the following situations: 1) additional allocation to Bellingham beyond their additional request and 2) allocations to smaller cities to address the; loss of existing agricultural lands within the existing Urban Growth Areas. Land use plans may also indicate those areas where the reserve allocation will be directed. Implementation of the reserve allocation would require the jurisdiction to complete a comprehensive plan amendment through the annual docketing process. UGA Boundaries: The boundaries would be modified from the initial proposals to reflect the new allocations. Bellingham's additional allocation would be held in reserve to allow the city to develop either infill proposals, or expansion proposals. Land Use Plans: Non -urban zoning designations within the unincorporated portion of the UGAs would be changed to urban designations. Lands outside the UGA would be put into either rural or resource lands as appropriate, or placed in an Urban Reserve to accommodate any reserve allocation. If the area is likely to be urbanized in the future (50 years), then rural lands would be put into 10 acre minimum lot size zones so that future urban development might be possible. EIS Comparison: This option would be similar to Option X in the Draft EIS. -2- 106 Option 3. This option would reserve growth allocations in order to reconcile capital facility plans and service gaps, mitigate cumulative impacts of urban growth and impacts on resource lands. This option would allocate additional growth to the smaller cities than Option 2 (but held in reserve), while also ensuring that additional allocation (as compared to Option 1) is provided to Bellingham. Growth Forecast: All growth beyond allocations in the current Whatcom County Comprehensive Plan would be held in reserve until the jurisdiction completes the planning process that demonstrates their ability to address reconciliation issueg" Jhe population and employment allocation would be a combination of both Options 1",and 2, increasing the allocation to Bellingham from their initial request, and hdfd'ing;=allocations in reserve for most UGAs for reconciliation of issues. Land Capacity Assumptions: The analysis of land capacity would be based "'on "planned densities." UGA Reconciliation Assumptions: This option would include several requirements. - All growth allocations in excess of ability to demonstrate adequate public facility and services for the 20-year planning period would be held in reserve - Cities and the county would need to complete the capital facility planning for urban reserves to demonstrate their ability to serve over the 20-year planning period. - Cities and the county would need to develop infill strategies that demonstrate how the designated UGA would infill first, before any Urban Reserve is designated a UGA and expansion into the UGA is allowed. - Cities and the county would need to develop strategies for transfer of growth out of rural and resource lands before additional UGA is designated and expansion inta;the UGA allowed. - Cities and the'county would need to develop mitigation plan for any loss of agricultural lands before additional UGA is designated and expansion into the UGA is allowed. The growth allocation would be held in reserve, along with designation of an Urban Reserve area if appropriate. Sensitive watershed areas would be removed from UGAs. Reserves: Growth allocations would be held in reserve for the following situations: 1. Where Whatcom County has not found that adequate existing public facility and service capacities exist or where additional needed public facilities and services have not been planned for the 20-year planning period. 2. Additional growth to Bellingham would be allocated beyond their additional request to designate Bellingham as the primary population and employment center. This allocation would be held in reserve to allow the city to demonstrate how it would accommodate that growth through infill, change in land use designations, or expansion of the urban growth area. 3. Allocations to address the loss of existing agricultural lands within the existing Urban Growth Areas would be held in reserve. -3- 107 Land use plans may also indicate those areas where the reserve allocation will be directed. Implementation of the reserve allocation would require the jurisdiction to complete a comprehensive plan amendment through the annual docketing process. UGA Boundaries: The boundaries would be scaled back, with much of the existing UGA boundary put in "reserve" to allow for the planning process to be completed. Some minor UGA areas may be designated for active annexation areas, or logical areas to urbanize over the next two years. Land Use Plans: Lands outside the UGA would be put into either rural (R7`0) or �?:> , resource lands as appropriate, and would be designated as an "Urban Rose`rve'?. EIS Comparison: This option would be share some similar issues to the�To Action Alternative in the Draft EIS. g -4- WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-328 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7121109 Planning and Alex Cleanthous ACC +Aldl Development Committee D' I Lr �1 \� Division Head. 7121109 Council Wain Harrison ��, J U L 14 2009 Dept. Head. David Stalheim W H ATC O M C 0 LJ c i Prosecutor: Royce Buckingham C j O U N C i L 7 Purchasing/Budget: Brad Bennett Executive: Pete Kremer , lvlv� 7i? �$ TITLE OFDO UME T: Six Year Capital Improvement Program (CIP) Resolution ATTACHMENTS: (1) Resolution to initiate amendments to the CIP SEPA 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.) Pursuant WCC 2.160.050 (2) Planning and Development Services may initiate Comprehensive Plan amendments at any time of the year, with a majority vote of the County Council. A resolution is proposed to initiate amendments to the Six Year Capital Improvement Program (CIP) which if adopted would facilitate updates to the Whatcom County Courthouse roof and Sheriff facilities in Point Roberts. 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 andprinting on the County's website at: www.co.whatcom.wa.us/council. 109 WHATCOM COUNTY Planning & Development Services Dann°G 5280 Northwest Drive Bellingham, WA 98226-9097 a 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORAND-UM TO: Whatcom County Council Members THROUGH: David Stalheim� FROM: Wain Harrison, Long Range Planning Supervisor Alex Cleanthous, Planner Aee, DATE: July 7, 2009 SUBJECT: Six -Year Capital Improvement Program Resolution David Stalheim Director J.E. "Sam" Ryan AIRE EWE D JUL 10 2009 PETE KREMEN COUNTY EXECUTIVE Whatcom County Planning and Development Services received a Comprehensive Plan amendment application from Whatcom County Administrative Services. The application is to amend the Six -Year Capital Improvement Program (CIP), which is an element of the Comprehensive Plan. The amendment if approved would facilitate updates to the Whatcom County Courthouse roof and Sheriff facilities in Point Roberts. WCC 2.160.050 (2) indicates that Planning and Development Services can request Comprehensive Plan amendments at any time of the year with a majority vote of the Council. The resolution before you is a proposal to add to the docket this Comprehensive Plan amendment. Office (360) 676-6907 County (360) 380-8110 FAX (360) 738-2525 110 Sponsored by: Proposed by: _ Introduction date: RESOLUTION NO. INITIATING COMPREHENSIVE PLAN AMENDMENT TO THE SIX -YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) WHEREAS, the provisions of WCC 2.160.050 (2) indicate that Planning and Development Services may request Comprehensive Plan amendments be initiated at any time of the year and the item may be placed on the docket by a majority vote of the County Council, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby initiates for formal review the amendments shown on attached Exhibit A. APPROVED this ATTEST day of Dana Brown -Davis, Clerk of the Council APPR . VED AS TO FORM: ivil Deputy rosecutor 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair 111 112 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council - Afternoon Session June 23, 2009 Council Chair Seth Fleetwood called the meeting to order at 3:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Bob Kelly Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS There were no announcements. CONSENT AGENDA Absent: None Crawford reported for the Finance and Administrative Services Committee and moved to approve Consent Agenda items one through nine. Motion to approve Consent Agenda items one through nine carried 7-0. 1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT AMENDMENT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR EARLY INTERVENTION SERVICES, IN THE TOTAL AMENDED AMOUNT OF $24,325 (AB2009-291) 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE OPPORTUNITY COUNCIL FOR WHATCOM HOMELESS SERVICE CENTER CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $236,229 (AB2009-292) 3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND THE LYDIA PLACE FOR WHATCOM HOMELESS SERVICE CENTER CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $153,285 (AB2009-293) 4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND NW YOUTH SERVICES FOR 113 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM HOMELESS SERVICE CENTER CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $72,164 (AB2009-294) S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON STATE OFFICE OF FISCAL MANAGEMENT, IN THE AMOUNT OF $100,000 (AB2009-295) 6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COALITION FOR HEALTHY COMMUNITIES FOR COMMUNITY HEALTH IMPROVEMENT INITIATIVES, IN THE AMOUNT OF $38,200 (AB2009-296) 7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND CATHOLIC COMMUNITY SERVICES FOR WHATCOM HOMELESS SERVICE CENTER HOUSING CASE MANAGEMENT SERVICES, IN THE AMOUNT OF $154,735 (AB2009-297) 8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND THE DEPARTMENT OF ECOLOGY FOR FUNDING FOR EDUCATIONAL ADOPT -A -ROAD AND JUVENILE OFFENDER LITTER CLEANUP PROGRAMS, IN THE AMOUNT OF $60,400 (AB2009-298) 9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT WITH RONALD T. JEPSON & ASSOCIATES FOR DESIGN SERVICES FOR HOVANDER HOMESTEAD PARK TRAIL, DAY USE, AND PLAYGROUND IMPROVEMENTS, IN THE AMOUNT OF $68,940 (AB2009-299) OTHER ITEMS 1. ORDINANCE AMENDING THE 2009 WHATCOM COUNTY BUDGET, SEVENTH REQUEST, IN THE AMOUNT OF $1,530,696 (AB2009-287) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried 7-0. 2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A CONTRACT BETWEEN WHATCOM COUNTY AND COMPUWORK PACIFIC FOR DEVELOPMENT OF THE FERNDALE POLICE SERVICE POINT FOR WENET, IN THE AMOUNT OF $42,000 (AB2009-290) Crawford reported for the Finance and Administrative Services Committee and moved to adopt the ordinance. Motion carried 7-0. 114 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. OTHER BUSINESS DISCUSSION REGARDING THE WHATCOM COUNTY SHERIFF'S OFFICE BOATING SAFETY PROGRAM (AB2009-306) Crawford reported for the Finance and Administrative Services Committee and moved to request that the Executive prepare a supplemental budget request in the amount of $30,000 to replace the motors and do other repairs. Also, the committee recommends a discussion with the Sheriff's Office to establish an ER&R fund for replacing boat assets. Last, discuss creating a separate fund for the boating program. Brenner stated the fund now supplants costs that already existed. Motion carried 7-0 DISCUSSION REGARDING THE DEPARTMENT OF ENERGY'S ENERGY EFFICIENCY CONSERVATION BLOCK GRANT (AB2009-289) Crawford reported for the Finance and Administrative Services Committee and moved to recommends that the administration go forward with the grant application. Motion carried 7-0. OTHER ITEMS 3. ORDINANCE AMENDING WHATCOM COUNTY CODE 16.16, CRITICAL AREAS ORDINANCE, REGULATING NEW WELLS ON NORTHERN LUMMI ISLAND (AB2009-285) Caskey-Schreiber reported for the Planning and Development Committee and stated this item would be scheduled for a public hearing at the Council's meeting in August. 4. ORDINANCE AMENDING WHATCOM COUNTY CODE 20.34, RURAL RESIDENTIAL ISLAND, REDUCING THE DENSITY AND MAKING OTHER CHANGES TO THE RRI ZONE FOR LUMMI ISLAND (AB2009-286) Caskey-Schreiber reported for the Planning and Development Committee and stated this item would be scheduled for a public hearing at the Council's meeting in August. 5. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF EVERSON FOR THE PURPOSE OF ANNEXATION AND DEVELOPMENT FOR APPROXIMATELY 34 ACRES IN THE VICINITY OF MISSION ROAD, SOUTH OF THE CITY LIMITS — TIGER -VAN BOVEN ANNEXATION, BRB 2009-05 (AB2009-300) 115 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber reported for the Planning and Development Committee and moved to approve the request. Motion carried 7-0. 6. CONFIRMATION OF COUNTY EXECUTIVE'S RE -APPOINTMENT OF RON ADAMS, BILL DELANSON AND BESS CHRISTMAN TO THE NORTHWEST SENIOR SERVICES BOARD (AB2009-301) Crawford moved to confirm the reappointments. Motion carried 7-0. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS Councilmember Caskey-Schreiber stated the East Pole Road and Hannegan Road light is up and operating. She complimented the Public Works Department staff for their work on this project. ADJOURN The meeting adjourned at 3:13 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Regular Whatcom County Council - Afternoon Session, 6/23/2009, Page 4 116 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Regular County Council - Evening Session June 23, 2009 Council Chair Seth Fleetwood called the meeting to order at 6:00 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Barbara Brenner Bob Kelly Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson FLAG SALUTE ANNOUNCEMENTS OPEN SESSION The following people spoke: Absent: None Dave Pros, 1466 Roy Road, Bellingham, stated ask the Planning Department Director to stop working on a 20-year planning population projection. They're not necessary at this time. Inform the citizens on this matter and then get input from the citizens. Don't do visioning without public participation. PUBLIC HEARINGS 1. ORDINANCE LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX INCREASES, INCLUDING THE USE OF BANKED CAPACITY, TO 1% PER YEAR UNLESS APPROVED BY A MAJORITY VOTE OF THE PEOPLE (AB2009-160A) Fleetwood opened the public hearing, and the following people spoke: Robin Williams, 1518 Harksell Road, Ferndale, stated he is against raising taxes. They are taxed enough already. Many people in the community, including seniors and beginning workers, have to live on a budget. The Council should ask people before creating more taxes. The County must live within its means. Observe the one percent limit on property taxes, and ask the public for anything more. Brett Bonner, 3025 Ellis Street, Bellingham, stated the Council should be open on this issue. He asked when giving the people the right to vote became a negative, partisan 117 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. issue. The public should have the right to vote on raising property taxes. The Council should get public input on raising taxes. Councilmembers have said that this system is a representative democracy. However, that ignores a fundamental right of the people to petition the government, according to the County Charter. The County Council lawyer said he believes the measure is not consistent with State law. However, there is ample precedent saying that Charter counties have powers beyond the State in matters of local concern. Side with the people and pass this ordinance. Don't let partisanship, fear, or legal technicalities stand in the way. Trust the citizens to have the wisdom to make informed decisions. Give them the right to vote. James Twining, 2010 Valley Brook, Bellingham, stated the government and economic systems are based on private property rights. Other systems include socialism. A system that could be called "communitarianism" combines aspects of private- and state-owned property. It vests ownership in the individual and empowers government to make decisions regarding its use. The property owners of Whatcom County reject socialism and "communitarianism." They are in favor of free enterprise, capitalism, and private property. The citizens reject government assertions on how the citizens can use their own property, government trespass on property, building permit conditions, and onerous property tax increases without a vote. Jim Malin, 244 Summerland Road, Bellingham, stated he supports the ordinance. Citizens are saturated with taxes. They need spending controls. Governments are spending money on unnecessary things. People are losing their homes and having trouble keeping food on the table. Businesses are closing. This is why citizens want to cap government's ability to take more money. Joe Wilson, 3239 Chandler Parkway, Bellingham, stated he advocates for democracy. People no longer trust the government to make responsible decisions. The issue of taxes is the most important issue, especially during these economic times. Justify a new tax, and then allow the people to vote on a tax increase. Get citizens involved in the process. They are responsible enough to vote for new taxes when required. Don Hansey, 907 41St Street, Bellingham, submitted and read from his testimony (on file). Home Rule Charter counties have the right to the mini -initiative. The purpose of the initiative is to bring forward the will of the people. The legal opinion on this mini -initiative was based on the county commissioner form of government, not a Home Rule Charter county rule. He supports the ordinance. Lincoln Rutter, 8373 Semiahmoo Drive, Blaine, stated he is against the ordinance because it ties the hands of government. Don't limit taxation to a number that is arbitrary and capricious. Nothing is logical about a one percent limit. Instead, make developers pay the cost of their real estate speculation. Property taxes are driven by the taxing districts in the county. Fifty percent of the public's cost should be borne by these developers. That would raise more revenue and lower the burden on the taxpayers. 118 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. Chet Dow, 5491 Woodfern Way, Bellingham, stated let the voters have a decision on raising taxes. This is a way to give citizens more control. The Council should have asked for an advisory vote before it raised taxes last year. The County Charter gives citizens the right to petition the government. Allow the voters a say in how they want things done. Pat Soll, 1369 Chuckanut Crest Drive, Bellingham, stated the Council should vote in favor of the ordinance. There is no reason for his property taxes to increase 22 percent without his input. Larry Helm, 2660 E. 415t Terrace, Bellingham, stated over 3,000 signed the petition. It's bothersome when the County attorney tries to thwart citizen participation in government. The people are trying to talk to the Council. Don't try to find ways to get around the situation. Wendy Harris, Bellingham, stated the mini -initiative would force the County to raise taxes to avoid forfeiting its banking capacity. They are in desperate need of a tax increase. She is opposed to the ordinance because the initiative isn't legally enforceable. Approving the initiative would waste time and money. Federal law takes precedent over State law, which takes precedent over local law. The initiative can't override a State law. Elected officials should make decisions based on the long-term interest of the general public. They have the ability to see the entire picture. The community is not best -served when individuals act only in their short-term self -interests. Infrastructure is crumbling. This county has a lot of personal wealth. Protect natural resources and pay for necessary capital facilities. Raise taxes to provide a high quality of life in Whatcom County. Randy Elmore, 2185 Squalicum Mountain Road, Bellingham, described the history of the right to private property. The right to tax property is also the right to take property. The County Council has been very disciplined in not increasing property taxes. In tough economic times, the temptation to use banked capacity is strong. More than 4,000 taxpayers in the county ask the Council to allow them to vote on any tax increase beyond one percent per year. He supports the ordinance and the initiative. Michael Gleason, 4761 Mosquito Lake Road, Deming, asked if the State would strike down the ordinance if adopted. He asked why this ordinance would be considered illegal. His property taxes total three months of the social security he receives. Cut spending instead of raising taxes and raising revenue. He supports the ordinance and the initiative. Art Thomas, 2620 Island View Lane, Lummi Island, stated it doesn't matter whether or not anyone supports the concept. The issue is about going to the people to find out if they support the tax increase. Allow the community to vote on the issue. Talk about whether citizens have a right to vote on this issue. Richard May, Box 294, Custer, stated use the one percent allowed increase every year, and save the money as a nest egg, rather than charging larger increases all at once. Allow the people to choose whether the Council will charge a one percent increase each year or a larger increase all at once. Elisabeth Britt, 1403 Northshore Drive, Bellingham, stated she brought a thank you card to the Council for holding the line on property taxes for the last several years. She is 119 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. against the mini -initiative. The Council has the authority to raise taxes when needed. Don't tie the Council's hands if it needs to raise taxes. Bob Wiesen, 3314 Douglas Road, Ferndale, stated people can't trust the Council anymore. The Council took away the Executive's veto power over the flood tax. Even though they've held down increases in the past, it may not do that in the future. He would like to know the Council's attitude toward future taxes. The Council thinks it knows better than the citizens. Dave Pros, 1466 Roy Road, Bellingham, stated he believes in representative democracy, as long as leadership represents the preferences of the people. In order to represent those preferences, the Council must ask the citizens what they want. Let the community vote. The next few years will be tough. It will be better if the Council asks the people what they want before making major decisions. Joe Elenbaas, 600 E. Smith Road, Bellingham, stated he agrees with Don Hansey's comments. He worked with Mr. Hansey on the original Charter. The initiative process sold the public on the idea of being a Charter county. The initiative process is a means of giving guidance to the Council. He served on the Board of Freeholders and all three Charter Review Commissions. The message has been consistent. No one wants to change the mini - initiative process. The Council shouldn't deny opportunity to their constituents to provide advice and a directive. Don't deny the citizens a right to give their opinion. He supports the ordinance. Fleetwood stated the Council will switch to the urban growth area (UGA) hearing for now, until 7:30 p.m. Then the Council will resume the public hearing on this item. (Clerk's Note: The public hearing continued, below.) 2. RECEIPT OF PUBLIC AND AGENCY TESTIMONY ON THE INITIAL URBAN GROWTH AREA (UGA) PROPOSALS RECEIVED BY WHATCOM COUNTY (UGA REVIEW IS BEING COMPLETED FOR ALL CITIES WITHIN WHATCOM COUNTY, AS WELL AS THE UNINCORPORATED URBAN GROWTH AREAS FOR BIRCH BAY, COLUMBIA VALLEY, AND CHERRY POINT) (AB2009-052D) Fleetwood opened the public hearing, and the following people spoke: Lincoln Rutter, 8373 Semiahmoo Drive, Blaine, stated this will have a greater impact on taxes than the mini -initiative. Urban growth areas (UGAs) should not be so large. He submitted a court decision that says the Birch Bay Community Plan determines whether the fire station has the capacity to service the people who live in the district. The Birch Bay plan says citizens have to pay for upgrades to the fire station so Birch Bay can have a 4,700 acre urban growth area. Birch Bay is an unincorporated area with no capability to raise tax revenue and no commercial areas to generate sales taxes. House values in the area are decreasing. The County is asking Birch Bay to become the fastest growing area in the county, with no means for raising taxes. Don't include the West Blaine forested area in the UGA. Heather MacKay, 863 Main Street, Lynden, stated don't allow ongoing, incremental decreases to agricultural lands and increases to urban growth. Plan for the cities parallel 120 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. with natural resource land and agricultural lands together. Don't approve expansion of urban growth areas as proposed because they impact agricultural land and natural resources. Use existing tools more and develop new tools to implement urban growth policies. Keats Garman, 8710 Oertel Drive, Blaine, stated don't make the West Blaine area a UGA. Without this area, the City of Blaine has adequate room to grow. West Blaine isn't necessary to meet population projections. It has no water or sewer services. Police and other services aren't nearby. The projected increase of population can't be served with out new or upgraded roads. The increase will create urban sprawl. Encourage infill first. There will be negative environmental impacts from future development. It will create more stormwater runoff and will contribute to water quality pollution. Remove West Blaine from the UGA, and downzone it to rural. Richard Banel, 8525 Juniper Place, Maple Falls, stated he supports alternative Y and Director Stalheim's proposal for the Columbia Valley UGA. It will filter new growth into the sewer district service area, encourage capital infrastructure investment, and reduce development pressure on surrounding rural lands. The proposal provides is adequate to accommodate planned growth. Keep the comment period for this proposal open for another week. Gail Garman, 8710 Oertel Drive, Blaine, stated she asks the Council to remove from the UGA and downzone to rural, one unit per five acres (R5A) the West Blaine area. The East Blaine area meets the criteria for UGA consideration and accommodates planned growth. Also, West Blaine does not meet the criteria because new roads would be necessary, it's not located adjacent to public facilities, and does not have water and sewer service. The Blaine City Council proposes retaining the West Blaine UGA because of the long-standing expectation that Trillium Corporation will do a planned development there. There are already stormwater problems with this area, and it just is being used as agricultural land. The stormwater damage from such a development will be overwhelming. Remove the West Blaine area from the UGA. Lesa Starkenburg-Kroontje, Lynden, submitted and read from her testimony (on file). Restore the portion of the Koetje property that was not included in the UGA originally. It was mistakenly not included, and got lost in the docket process. An area adjacent to the city limits is between Bensen Road and Double Ditch Road. Proceed to the north, through those properties, as the city grows. It will allow the City to address flooding issues. Start from the southern end, and move north. Both of these areas are included in the City's proposal. Simi Jain, Zender Thurston PS Attorney, stated she represents Robert Matuchek in Geneva. The Council removed his properties from the UGA in 2008, based on inaccurate information. Fix the mistake and put the southern part of the block back into the UGA to correct the error, even though the City Council proposal is to not include any new UGA areas. The area already has development and small, urban lots. The change would be insignificant to the UGA, but will allow Mr. Matuchek to develop his property. 121 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. Brady Webb, 1216 St. Paul, Bellingham, stated Foothills planning has been difficult for County staff. Through the process, Mr. Aamot conducted himself in a professional manner. He also commends Planning Director David Stalheim for his leadership and work on the supplemental environmental impact statement (EIS) and allowing public input. He thanked the Planning Commission for its time spent on Foothills issues. The members were open-minded. He's frustrated that two years of planning occurred without resulting in a more reasonable, practical approach for providing the necessary services to Columbia Valley. It was a policy mistake ten years ago to make this an urban growth area. Create a commercial node combined with the resource center across from Paradise. UGA proponents consistently voted for a grocery store and other services. It's unfortunate that the needs of the developers were misconstrued with the needs of the people. With all due respect, he is disappointed in the lack of foresight of the long-term needs. The clustering proposal for an additional 300 homes is a joke. Wendy Harris, 3925 E. Connecticut Street, Bellingham, stated the County should restrict the size and population of UGAs as much as possible. Put more emphasis on protecting sensitive watersheds located in the proposed UGAs. At some point, the County will reach a point when it can no longer sustain growth without destroying the natural resources upon which it depends. The Growth Management Act (GMA) does not recognize that. Adopt the most restrictive growth policies. Give priority to drinking water sources. Revoke the Geneva and Hillsdale UGAs. Bellingham does not intend to annex these areas. UGAs are created with the intent for annexation. Bellingham has no updated shoreline master program. Not all lakefront properties have been properly restricted. Give careful consideration to Drayton Harbor also. The interurban conservancy area should remain rural. Rebecca Boonstra, 682 Sprague Valley Drive, Maple Falls, stated she supports alternative Y and the proposal for the Columbia Valley UGA, as presented by Director Stalheim. John McLaughlin, 221 Highland Drive, Bellingham, stated to avoid excessive development in rural areas, the solution is not to expand urban growth areas. The solution is to implement policies to shift development to urban areas. The draft EIS (DEIS) did not consider many impacts on the watersheds or climate change. Go with the most conservative approach possible until they can look at those impacts. Most of the watersheds will be severely degraded and impaired. They will likely lose salmon from most of the watersheds in the County. John Lesow, Whatcom County, stated population projections have not been given enough consideration. County officials are providing County land for the benefit of affluent Canadians for second homes. Scale back the UGAs. Cathy Lehman, Futurewise Whatcom, stated work to protect rural and agricultural land. She thanked the County Planning staff for their hard work. Don't expand UGAs into urban lands of agricultural significance. Reject the requests of the City of Everson and City of Lynden. 122 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Jack Hovenier, Sand Road, Bellingham, stated he submits the proposal submitted by Director Stalheim for the Columbia Valley UGA. The subarea plan is vital. Columbia Valley needs jobs and economic development. They don't have the correct zoning to create jobs. Fleetwood stated we are going to go back to the mini -initiative public hearing as we stated earlier. (Clerk's Note: The public hearing continued, below.) 1. ORDINANCE LIMITING TOTAL ANNUAL REAL ESTATE PROPERTY TAX INCREASES, INCLUDING THE USE OF BANKED CAPACITY, TO 1% PER YEAR UNLESS APPROVED BY A MAJORITY VOTE OF THE PEOPLE (AB2009-160A) (Clerk's Note: Discussion continued from earlier.) Dennis Jones, 1487 Sudden Valley, Bellingham, stated it is the most political and least productive initiative he has seen. Washington is not one of the most taxed states in the Union. The least progressive form of tax in Washington State is the property tax. He is against the mini -initiative. Patrick Grover, 3965 Loomis Trail Road, Blaine, asked if they are going to vote for or against the people's right to govern the country. Voting down this initiative is to say the people don't have a right to have a say in their government. Mark Flanders, 1609 F Street, Bellingham, stated he thanks the Council for not raising property taxes for the last 12 years. Don't hamstring the Council. Keep up the good work. Let the people they elect do the job. They don't need to make an initiative every time someone wants to be opposed to a tax. Diane Foster, Bellingham, stated she is opposed to the initiative. She thanked the Councilmembers for stretching the tax dollars during these times of crisis. They get a bargain for the tax dollars they spend. Hearing no one else, Fleetwood closed the public hearing. Brenner moved to adopt the ordinance. Caskey-Schreiber stated she is against the ordinance. She originally was in favor of this initiative. However, supporting it is the easy way out. It is in conflict with State law, according to the County's attorney. Regardless, they are taking away the County's ability to engage in adaptive management. Personally, she could live with that. However, she can't commit future decision -makers to a formula that is a recipe for disaster. She asked what happens if there is a major economic crisis. It will bind the hands of government to be responsible to the people. She is not a tax person. She's supported three increases during her time on the Council, including the increase to the mental health sales tax. If they spend a little now, they can save a lot later. Another tax she supported was the conservation futures fund, which was voted down, to save farmland and protect the agricultural industry. The third tax she voted for was the flood fee. It was a difficult decision. She argued for lowering the tax 123 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. as much as possible, while providing funds for State mandates to clean up water bodies in the county. If they don't, the County will be noncompliant and lose other State and federal funding. Elected officials don't enjoy this. However, she also can't ignore looming problems that will cost more if not addressed. These are tough decisions. She hears the citizens and feels the same economic stress. This isn't the right way to address it. The County is healthy. They've been mindful of the burden on taxpayers. Other commissioners around the state think they're crazy for not taking the one percent per year. She's willing to try and make the budget work without that if possible. She won't support this ordinance. Nelson stated he supports the ordinance. When he ran for office, they were automatically taxing at 106 percent every year. He promised to not go above 100 percent each year, and to maintain the budget, just like a home budget. Don't overextend. When he started on the Council 16 years ago, there were no reserves. The current administration and previous councils worked hard to create the reserves that they're now using. Soon, those reserves will be gone. The public concern is justified. The County should be able to operate within its means. The County's request for a tax increase for the jail failed originally. The County put together a revised plan that made sense to the public, who then supported it. The public also supported the emergency medical services (EMS) funding once it was properly planned. They are obligated to make decisions out in the open, not in a vacuum. People just want an opportunity to be heard. People want to work in a format where everyone trusts. He will maintain the public's trust. The public is in favor of helping when they know what the funding is for. They must work together. Make sure there is a plan that makes sense to the public. Brenner stated this is an easy decision for her. A property tax is the most regressive taxing system in this country. It is the Prosecuting Attorney's opinion that the ordinance is illegal. Before she was on the County Council, she was an activist. An initiative she proposed was said to be unconstitutional. A big law firm in Seattle took the case pro bono because it was so important. It was passed by an overwhelming majority. It was appealed to the Ninth Circuit Court, and won at every level. Attorneys have opinions. They're not always right. The idea of representative democracy doesn't mean that a person is only represented at the ballot box every four years. They should have a stronger recall process. If elected officials lose the public's trust, they should be recalled at any point. Represented government should be heavily tinged with many public votes. This mini -initiative wasn't meant to be the big issue. The public has supported almost every vote to raise money. The idea that raising taxes equals a high quality of life has no logic. Getting into debt doesn't make someone a better person. There is a balance. 124 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. The current economic climate is just the beginning, and will get worse. There will have to be much more discipline. She can still find nonessential things in the budget. This is a minor request. Because this is a mini -initiative, the Council can change its mind in the future. This is about whether or not the Council trusts people. Pass this to give people reassurance. Times are tough. Fleetwood stated he isn't basing his decision on whether or not this is legal. There are other substantive reasons for supporting it. The question of whether an initiative can be used for certain subject matter has been asked in the past. The Council therefore asked that question this time. The County attorney didn't have an ax to grind or a predetermined outcome. He expressed the answers he found. Mr. Bonner wrote a thoughtful article in the newspaper. The property tax funds the general fund and all the services that make up the County government. People vote for the councilmembers to look closely at a whole range of things and balance a complex set of government services. They can't do that by throwing something out to the voters, who don't have the full context of all information on all the things that need to be balanced to make quality decisions. He is opposed to the ordinance. People say everything can be addressed by cutting more from the budget. There is a highly refined system of delivering government services. One can't just go in and find more fat. This is a very lean a system. Every now and then, they have to increase taxes a little bit to pay for those services. Weimer stated he is against the ordinance. At first, it seemed like much ado about nothing. He doesn't mean that the public's concern about taxes is nothing. He pays $2,400 in property taxes per year, which is painful. He couldn't figure out why the mini -initiative is aimed at County government, which hasn't raised property taxes in 12 years. They've only raised one property tax since he has been on the Council, which was the flood fund, which is a different branch of government. Every other taxing jurisdiction in the county has raised property taxes. Some of them routinely take the one percent every year. This is focused on the one group that hasn't used its taxing capacity when all the other groups have. People are so upset about the flood tax, and have said it is a whopping 30 percent increase. Actually, the increase on his home, which is close to the norm, that amounts to $7 per year. The percentage is high, but the amount is low. It's lucky they did that last year because of the flood that hit in January. If not, the flood fund would have been under the emergency level this Council had set for years. Also, they have the ability to respond to legal mandates from the State to clean up Lake Whatcom and other watersheds. The tax increase is minimal. It amounts to the cost of a latte' every three or four months. He supports the public's right to govern. The Council has to read through and understand a lot of information every week. The UGA discussions will have a bigger impact to the public's taxes than this mini -initiative. It's very complicated. The public elect the Councilmembers to make decisions, and they have a right to govern by not reelecting officials they don't like. That's how representative government works. Trying to get the 125 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. public involved with every major issue would be unrealistic and burdensome. It would cost a lot of money to run these elections all the time. The councilmembers routinely make decisions on $6 million road improvements and $12 million ferries. He asked at what level the Council would take things to a vote each time. The Councilmembers are elected to study and make decisions on these things. He will vote against the ordinance. Kelly stated he is against the ordinance for many of the same reasons. Originally, it seemed a bit obvious that this was in conflict with the way the State legislature is set up and the way they address taxes. He works for a Tribal government, which must work with the federal government. Here, the County government must take issues to the State legislature. The State legislature has given the County its mandate. It may not seem clear to everyone who has testified tonight. However, not one attorney has given a different legal opinion about this initiative. It's not a cop out to base the decision, in part, on the fact that this appears to be inconsistent with State law. Much of what the County Council does deals with mandates. The Council must act responsibly in the fact of these mandates. Another concern is that other elected governments routinely collect their banked capacity each year. This potentially is a move to do that. The County faced a flood issue this year. He's very concerned about the effect this initiative would have to address a flood. They are not done dealing with flooding, but that doesn't mean they will fix the issues with taxes. He will vote against the ordinance. Crawford stated he agrees with the other comments made in favor of the ordinance. The people gave their reasons tonight. He supports the ordinance. The community owes Mr. Bonner a debt of gratitude. This was brilliantly conceived and written. It makes sense. It's what the majority of the people want. He would like to have some kind of Proposition 13 here in the State of Washington to really protect people. It puts the onus on new construction, because it's all valued at the higher value, which other people aren't getting hit with. This was a great start. He's sorry the majority doesn't see that. Don't give up. Motion failed 3-4 with Crawford, Nelson, and Brenner in favor. Crawford stated a supermajority of the County Council can put something on the ballot. That has to be submitted by the County Auditor by July 1 or July 15. He moved to submit this ordinance to the Auditor for a vote of the people in November at the general election. Weimer stated he is against the motion. Things in the ordinance conflict with the County Charter. The Council would have to decide by July 1 every year whether to raise taxes, but the Executive doesn't have to put forward a budget until October. Crawford stated this is not a dilemma at all. When they faced the EMS levy and jail tax, the administration had to prepare an optional review, which wasn't a major ordeal. They didn't know which budget they would work on until they knew the will of the people. If they anticipate going to the people with a tax increase during a budget cycle year, they could prepare a contingency. They've done it before. It doesn't violate the Charter. 126 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Caskey-Schreiber stated Attorney Randy Watts repeatedly states that the conflict with State law is that it's a binding agreement. It's illegal with the Charter. Kelly asked if there is a legal opinion that conflict with Mr. Watts' opinion. If Mr. Watts' opinion was wrong, the Council would have been inundated by opposing opinions. He has not heard one rebuttal from an attorney. There is no use to set up a costly situation that is inconsistent with State law. He is against the motion. Brenner stated opinions are just that. They aren't the law. Some opinions have been incorrect. State law allows the County to limit itself. This could be changed at any time if it's found invalid. If nothing else, it would be a great advisory board. If necessary, something could be tweaked without tweaking the intent. The mini -initiative is different from a regular initiative. Crawford stated the purpose of the mini -initiative process is not for the citizen to go hire an expensive attorney to get the document into an acceptable format that someone will probably challenge anyway. That's not what the Charter put this forward for. Nelson stated that if future councils question the legality, those councils can challenge that legality. Since this Council has stated it's obliged to manage money and finances, this should not be a problem. The Council should be willing to get the public's advice through a vote. He doesn't understand what they're afraid of. They face legal challenges every day. If they want to err on one side or another, always err on the side of the public. Caskey-Schreiber stated they also have to err on the side of saving taxpayer money. The County attorney feels this is illegal. Don't take the County down the path of unnecessary lawsuits. She will honor the attorney's advice. Fleetwood stated the folks who did the mini -initiative got a sufficient number of signatures, which constitutes about three percent of the population. He respects that effort. It forced a vote. The Council voted. That's the way the process is designed. The vote happened to fail. There is another citizen -driven petition process to put something on the ballot for November. That didn't happen. That effort could have been made. Everything is working just as it's supposed to. The Council expressed its opinion on the subject. Councilmember Crawford's goal to have a vote seems as though it's a political device in an election year. He would love to see a different majority on this Council, which is his right. Brenner stated the entire reason this was done as a mini -initiative was because of the respect the citizens have for the fact that it is not appropriate for an initiative. It is only the power of the Council, not the general public, to make this decision. A vote of the public is a good idea. Find out if this is really the opinion of a minority or majority of the people. If it's a majority, take it at least as an advisory vote. An ordinance can be changed at any time. Times are scary. People want reassurance. There isn't a lot of trust out there. The Council should keep earning trust. If done at general election time, the cost will be $2,000 to $3,000 or less. The cost isn't huge when weighed against public trust. Put it on the ballot. Motion failed 3-4 with Crawford, Nelson, and Brenner in favor. 127 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 42 43 44 45 46 47 48 herein is subject to change upon further review and approval by the Whatcom County Council. (Clerk's Note: The Council took a ten-minute break at 8:25 p.m.) 2. RECEIPT OF PUBLIC AND AGENCY TESTIMONY ON THE INITIAL URBAN GROWTH AREA (UGA) PROPOSALS RECEIVED BY WHATCOM COUNTY (UGA REVIEW IS BEING COMPLETED FOR ALL CITIES WITHIN WHATCOM COUNTY, AS WELL AS THE UNINCORPORATED URBAN GROWTH AREAS FOR BIRCH BAY, COLUMBIA VALLEY, AND CHERRY POINT) (AB2009-052D) (Clerk's Note: Continued from earlier in the meeting.) Dan McShane, 1451 Grant Street, Bellingham, stated the land capacity analysis should guide the Council. If there is a clear objection on any given area, demand very clear information from the cities, not arbitrary or anecdotal information. Decide based on the math. Otherwise, they are just playing politics with the cities. If they conclude that a UGA needs to expand, they really need a purchase of development rights (PDR) program to expand a UGA. With a really high estimated value on farmland and a very low estimated value on residential property, they increase the value of an area zoned agriculture by seven times when it's added into a UGA. That is a huge windfall. There should be a benefit back to the community. He submitted a letter he gave to the Bellingham City Council. Do the right think for Lake Whatcom and Lake Padden. Minimize urban development in those areas. Brenner stated they received a land capacity analysis from the County. The analyses from the Cities were different. The math changes. McShane stated the County did a land capacity analysis. Rely on those numbers unless a City provides really good information about why the County land capacity analysis should be adjusted. There could be reasons for small adjustments, but not for a large adjustment that some cities want to leave their UGA's in place. The County land capacity analysis will lead the Council toward shrinking the UGA's. Brenner stated it's not as effective for a small landowner to plat three or four lots as it is to plat one large lot. She would like to know if there would still be a windfall, given what people have to go through to set up plats. McShane stated he's not suggesting any formula. Hopefully they can work out a formula that is fair to the large property owners and small property owners. There will be different costs. Determining what is fair is the hard part. Paul Grey, Whatcom Farm Friends Board, stated the critical question is where the urban growth should be directed to preserve the character they love about Whatcom County. The majority of study respondents affirmed that it's important to protect agriculture for many reasons. They must compromise as long as there is no net loss of farm land. His organization works to expand preservation tools available to policy makers, land owners, and land buyers. He asked the County to ask the Cities of Everson and Lynden to consider alternatives to expanding the UGA's. Ask those Cities to work with farm preservation tools, grow with more urban density, or direct growth to other urban areas. 128 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked if Farm Friends has done a survey on farmable lands that isn't zoned for agriculture. There are pockets of farming areas that aren't counted. Grey stated that information is probably available. He will provide that information. Dominique Zervas, 709 Dupont, Bellingham, stated she represents Caitac USA. The land capacity analysis and methodology are at the center of the issue. The County needs to listen to the cities about the problems with the analysis and methodology. Somehow the idea came up early in the process that all the UGA's will all be reduced. Everything has come out to support that idea. The outcome supports this early conclusion. The Cities have looked at their land to determine what has been developed, the densities, and all other aspects of their lands. The issue of whether the UGA's are too big or too small can't be resolved yet. They don't have the final world on that land capacity analysis. The City of Bellingham analysis contained in its Comprehensive Plan is still valid and in place. It hasn't been challenged. It included all the five-year review areas, including the Caitac property. Consider that these are important lands. That's where the City can accommodate its single- family housing. Those are the areas under one ownership and can be master planned. Brenner asked if the City recommends leaving it as it is now. She didn't know that Caitac is still in the equation. Zervas stated the City Comprehensive Plan is still in place. The City land capacity analysis does not support reduction, and the City political bodies do not support expansion. Dave Pros, 1466 Roy Road, Bellingham, asked where the public process was for these UGA discussions. There wasn't a public process for population projections and allocations. The numbers given are estimates added together for a less accurate total estimate. The process is flawed. They don't have valid net in -migration data for Whatcom County. That information won't be available until after 2010. They don't know if straight- line trends are the best predictors of population numbers. They don't know the validity of the Office of Management and Budget (OMB) projections and estimates. There is little evidence that a change in external zoning was seen as a way to absorb larger populations. No mechanisms were presented to encourage people to locate in the small towns. Mary Dickinson, Building Industry Association Governmental Affairs Director, stated she is concerned about the lack of public involvement for many reasons. The Cities don't necessarily agree with the conclusions of the County Planning staff. They were forced to make a determination on their land supplies without a complete DEIS. The proposed land capacity analysis had a predetermined outcome. The County's deadline for the Cities was too short to meet internal requirements of their own comprehensive plans. The entire process ignored Growth Management Act requirements for public involvement to be early and continuous. Respect the public process. Don't take staff's answers verbatim. Jim Hansen, 2418 Keesling Street, Bellingham, stated he urges the Council to deny all UGA expansions into agricultural land. Farmland is a national strategic asset. There is a world food crisis right now. Food and agriculture is a national security issue. Preserve every acre of arable ground in this county. Todd Donovan, Futurewise Whatcom Steering Committee, stated give priority to prevent excess residential development in rural areas. Protect critical areas. Decisions about UGA requests should give priority to increasing density inside existing UGA's where feasible. Consider UGA requests with a goal of no net loss to agricultural lands. Take 129 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. seriously the County staff's numbers on the land capacity analysis. The UGA proposals are based on a high population projection. The Bellingham UGA has been oversized. The City deals with that in some extent with its request for no net increase. Reconsider removing the Padden and Yew Street area from the UGA. The existing Blaine UGA is oversized. There are problems with the West Blaine area. Reconsider the entire Birch Bay UGA. Everson's UGA proposal should emphasize no net loss of agricultural lands and remove areas in the Nooksack River 100-year flood plain. Columbia Valley UGA should avoid critical areas and forest areas. Ferndale's UGA is oversized. Portions to the south should be removed. Lynden should be commended for achieving densities within its existing city limits. However, it's surrounded by agricultural lands. Assign growth targets that can be met entirely within its existing boundaries, or produce no net loss of farmlands. He thanked the County staff for all their work. Sherm Polinder, Farm Friends President, stated Lynden and Everson can't grow at the rates they want to while being serious about protecting farmland. He is opposed to the expansion of Everson and Lynden urban growth boundaries. Expansion clogs up the roads for farm equipment. It's improper to cover rich farmland, which is a nonrenewable natural resource. The county has other places with marginal soil that are better to place houses. Towns in the middle of agricultural land that continually ask for more land for development is a problem. Deal with it courageously. Originally, Lynden residents wanted to preserve its small town atmosphere and agricultural roots. The current request doesn't meet this vision. Lines between towns and farmland should be unwavering, as in Europe. Clayton Petree, 1132 Birch Falls Drive, Bellingham, submitted and read from a handout (on file). Adequately size the UGA's to accommodate growth in the next 20 years. Reduce sprawl patterns with appropriately -sized UGA's. Jack Petree, 2955 Sunset Drive, Bellingham, submitted and read from a presentation (on file). Listen to the cities. There are significant deficiencies in the land capacity analysis. Much more work needs to be done before making this decision. Allow more public input. Decisions are based on unavailable data. Reevaluate the process when the time comes with a fresh mind. John Steensma, 9295 Axling Road, Lynden, stated he is a third generation Whatcom County dairy farmer. He is opposed to the Lynden UGA expansion. They could not ever again ask for a matching government grant. This ideal opposes the ideal that approved the PDR program. They don't need to destroy agricultural areas to build homes for future populations. Lou Piotrowski, Glacier, stated there has been much public input in the last four years on their subarea plan. The Columbia Valley UGA is now sized correctly to accommodate expected growth. He thanks County staff for their work on having those meetings. Because of the EIS and the maximum number, the ratio of jobs to people is still down. They started at a very low amount. The request of 605 jobs is still fewer jobs than they need. That is what they had to choose given the available options. He supports alternative Y. Also, the UGA needs greenways, open spaces, and zoning to allow more jobs. He supports the Planning staff proposal. Bob Wiesen, 3314 Douglas Road, Ferndale, stated they are not dealing in reality. The GMA has 13 goals with no priority. They've made it much harder to create affordable 130 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. housing and good jobs. There is a shortage in the affordable, buildable land supply. The Planning Department should develop a more helpful attitude. When land is needed, it should be available. Bellingham has failed to provide an affordable, buildable land supply when needed. That resulted in sprawl and other problems the GMA was designed to solve. Lynden seems to have the best planning process, which provides five years of buildable land supply at all times. He is concerned that Lynden can grow only into prime farmland. Bellingham does not have that problem. Time will prove that this process is flawed, due to the unrealistic time frame. Consider why the Columbia Valley area is growing so fast. Roland Harper, 1323 Lincoln Street, Bellingham, stated the Everson UGA proposal included a land swap. Land with a bigger portion of agricultural land would be removed, and a smaller portion of land would be added. There is no expansion of the Everson UGA. The County is the keeper of the land capacity spreadsheets. Since March, the County has been working out the bugs in the analysis. It hasn't anything to do with the City saying that the analysis should be different. The Cities of Everson, Nooksack, and Sumas received the County's best version of the analysis at the end of May. The numbers from March don't match. They are still working out the bugs with the County. Hearing no one else, Fleetwood closed the public hearing. David Stalheim, Planning and Development Services Department Director, stated comments on the Draft EIS were due June 22, 2009. He gave a summary of the process and proposed deadlines. Brenner asked that the comment period on the DEIS be extended to July 22, 2009. Stalheim stated the County deadline is set and published. They must move on with the process to prepare a final EIS. Many cities asked to develop their proposals before the County writes the EIS, so they have something specific to write about. They can't wait any longer. The County deadline is December 1. They have to get into hearings and formal response proposals at the beginning of September. Brenner stated she would like a one -week extension to comment on the DEIS. It's a lot to look through. Forty-five days isn't long enough to go through it. She's spent many hours on it and isn't done. The time frame is too short. She doubts any other councilmembers have read it. The Council did not concur. Brenner stated she's really upset this is happening. There was only one copy for the Council Office. If the Planning Department had provided copies for all councilmembers, it would have been different. People want to make notes and mark things up, but they can't do that on the computer. This whole process is being rushed too much. The finding from the Growth Management Hearings Board didn't mean they have to do all this stuff by the end of the year. It's exploded into more stuff. She wanted to take more time on it. Caskey-Schreiber asked whether Bellingham recommends that Caitac be included in the Bellingham UGA. Caitac is the one suing the County via the Growth Management Hearings Board and have forced the County into this box. 131 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 42 43 44 45 46 47 48 49 herein is subject to change upon further review and approval by the Whatcom County Council. Tim Stewart, City of Bellingham Planning and Community Development Director, stated the County staff has done a great job responding to the City's comments. The County staff listened to the City, made adjustments, and has gotten them a better land supply. The City has taken three specific actions regarding the UGA. As a result of this process, the City recommendation to the County does not include the five-year review area, which includes Caitac, with a population of at least 113,000 people. Before that most recent action, the City resolved to support the County Council action to not include the five-year review area. Caitac is in the five-year review area. Part of that City resolution includes a statement that the City will update its Comprehensive Plan following final action on the UGA. Once that final action is taken, the City will follow the GMA process and update its Comprehensive Plan to be consistent with the county's decision. The first decision, made in 2006, was a recommendation to include Caitac and expand the UGA. That was done when the City adopted its Comprehensive Plan. That is the initial recommendation, which the County Council did not adopt. Caskey-Schreiber asked if the City's most recent action is what the County Council should consider. Stewart stated that is correct. They are now dealing with the next land supply and the next planning period. They are now going to be engaged in the 2011 update of the City Comprehensive Plan, using the County's land supply decision. It will hopefully finally yield an agreement between the City and County on the land supply, UGA, and future population of Bellingham. INTRODUCTION ITEMS Caskey-Schreiber moved to accept the Introduction Items. Motion carried 7-0. 1. ORDINANCE AMENDING A PORTION OF THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RURAL FORESTRY (RF) TO URBAN RESIDENTIAL 4 (UR4) ON 80 ACRES WITHIN THE COLUMBIA/KENDALL URBAN GROWTH AREA (AB2009-302) 2. ORDINANCE AMENDING WHATCOM COUNTY CODE SECTION 6.04, ANIMAL CONTROL, INCLUDING A NEW PROCESS FOR CONTESTED MEETINGS (AB2009-303) 3. ORDINANCE AUTHORIZING PLACEMENT OF TEMPORARY STOP SIGNS ON ABBOTT ROAD AT THE INTERSECTION OF THIEL ROAD AND IMPLEMENTATION OF TEMPORARY ROAD WEIGHT RESTRICTIONS ON PORTIONS OF ABBOTT, THIEL, AND VAN DYK ROADS (AB2009-304) 132 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 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. OTHER BUSINESS There was no other business. REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS There were no reports or other items. ADJOURN The meeting adjourned at 9:35 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Whatcom County Council - Evening Session, 6/23/2009, Page 17 133 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Board of Health June 30, 2009 Council Chair Seth Fleetwood called the meeting to order at 5:30 p.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner Carl Weimer Bob Kelly L. Ward Nelson Sam Crawford Laurie Caskey-Schreiber 1. PUBLIC SESSION Bruce Diele, citizen, stated there is no one to go to regarding misdiagnosis of a medical condition. He explained his medical conditions and potential health threats. He is very angry for being laughed at. Fleetwood stated the big question is whether the Board of Health can do anything as a matter of policy. They will discuss it with the Health Department officials. At this point, there isn't anything the Board can do. 2. HEALTH DEPARTMENT BUDGET IMPACTS Regina Delahunt, Health Department Director, stated they will talk today about the Health Department programs, community programs, and community services. Budget changes have impacted the department. She anticipates future changes. All public health jurisdictions are reconsidering public health's role in the community. The State Department of Health contracts for an assessment of the jurisdictions every two years. They look at what the jurisdiction knows about the health status of the community and how the jurisdiction communicates that information to the community. It also considers how they involve the public in health decisions; how they plan for and respond to emergencies; whether there are community programs for staying well; how they address gaps in services, and; whether programs are based on data and monitored. The County's evaluation was last done at the end of 2008. They recently received those results. Whatcom County had the highest score in the entire state. This community will have to make changes due to the recent economy. She described the history of the Health District and Health Department's role. They are in a good position to make changes. She referenced the staffing changes in the Board packet and described the changes. Due to changed staffing levels and attrition goals, they will be down by 15 percent next year. They must do things differently. That's what they'll talk about tonight. Brenner stated there shouldn't be across-the-board hiring freezes and attrition goals. The Council should make decisions based on the budget. Also, the Health Department has 134 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. many essential public services. It is a high priority department. However, she does like some of the changes she's noticed. Caskey-Schreiber stated she would like to know what services and programs are mandated of the Health Department. Delahunt stated the management team has started to define those mandates. They will provide more specifics later. Fleetwood asked to know the purpose of each position that is vacant. Brenner stated she would like to know which mandates the Health Department would rather not do, if given the choice. Fund critical areas. Not all areas are critical. Community Health Astrid Newell, Health Department, described the community health programs. She read through the Community Health Budget Impacts 2009 in the Board packet. Brenner asked about a State announcement that the State is reconfiguring its funding, and low income residents would still be served with immunizations. She would like to hear the State's justification for its decisions. The insurance for those who aren't low income will begin to pick up the cost of the immunizations, which is fine. She's glad to know that low income children will still receive immunizations. Find that type of middle ground on a lot of these issues. Newell stated most Community Health programs are important, but aren't mandated. They are reevaluating their role in the community. She described the Nurse Family Partnership best practice model, which is a program they aren't doing now. The Obama administration is endorsing the program, and there may be funding for it. Delahunt stated they are reconsidering the First Steps program model. It may not be worth it to provide just a few hours of service to more families. Rather, provide more hours of service to a few higher risk families. Those are the types of questions they are dealing with as things change. Caskey-Schreiber stated she would like to maintain programs for infants rather than programs for adults, such as the anti -smoking program, which they really won't make much of a dent in. Delahunt stated they can still have strong programs in the community by building a good system with their partners. Disease Response and Control Fleetwood asked the percentage of the entire department that is in this division. Delahunt stated it is the smallest division. She described the tasks of this division and read the information in the Board packet. They no longer have anyone with an epidemiology background, due to a vacancy from attrition. Impacts of the State budget reductions haven't been too great on this division. Most of the programs in this division are required, but are mostly funded locally. Not a lot of money comes from the State for disease response and control, but the County received some funding a couple of years ago. It was reduced by 20 percent, so there will be some staff and service reductions. 135 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 42 43 44 45 46 47 48 49 50 herein is subject to change upon further review and approval by the Whatcom County Council. Brenner asked the State legislature's justification for reducing these funds. This is a health and moral obligation. It's a high priority. She asked to have a presentation from their State representatives. Crawford stated it's all political. They can't hold the actions of one representative to the action of the entire legislature. Brenner asked if stimulus money is available for emergency planning. Delahunt stated money is out there. They may get some. It hasn't been decided. This information presented today is just for money they are already getting. Delahunt continued to read the information in the packet regarding program and policy implications to the disease response and control budget. There was discussion on how the influenza pandemic has been handled. Delahunt stated don't make radical cuts to disease response and control. It is already very lean, and they are the ones who handle emergencies. Human Services Ann Deacon, Health Department, described the programs in the human services division. The mandates in this division come in the form of entitlements. She read the material in the Board packet. They want to fund infrastructure that will last through difficult economic times. Partner more with other agencies to provide blended funding for certain programs and services. The mental health advisory committee will discuss how much funds should be supplanted. Environmental Health John Wolpers, Health Department, read the information in the Board packet regarding the Environmental Health budget. Effective tomorrow the State eliminated all funding to the County for group B water systems. Only about 2,700 people in the community have a group B water system. The long-range question is whether the County should continue the group B system program if the State doesn't deem it important. The State Department of Ecology provides a lot of funding for the solid waste programs. Most environmental health programs are mandated. Fleetwood asked the process by which they will decide about the group B water system program. He asked if they will consider it between now and January, and come back to the Board for approval. Delahunt stated she would like to talk further to the Public Health Advisory Board about the program. Decide if group B water system review for only 2,700 residents is really worth it from the public health perspective. Now, one FTE is dedicated to service those 2,700 residents. ADJOURN The meeting adjourned at 6:55 p.m. 136 1 2 3 4 5 6 7 8 9 10 11 12 13 DISCLAIMER: This document is a draft and is provided as a courtesy. This document is not to be considered as the final minutes. All information contained herein is subject to change upon further review and approval by the Whatcom County Council. Jill Nixon, Minutes Transcription The Council approved these minutes on ATTEST: Dana Brown -Davis, Council Clerk 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair Board of Health, 6/30/2009, Page 4 137 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 42 43 herein is subject to change upon further review and approval by the Whatcom County Council. WHATCOM COUNTY COUNCIL Committee Of The Whole July 7, 2009 Council Chair Seth Fleetwood called the meeting to order at 6:45 p.m. in the Council Conference Room, 311 Grand Avenue, Bellingham, Washington. Present: Absent: Barbara Brenner None Bob Kelly Sam Crawford Carl Weimer Laurie Caskey-Schreiber L. Ward Nelson 1. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR RANDALL WATTS REGARDING PENDING LITIGATION (AB2009-018) Nelson moved to go into executive session to discuss this item for 15 minutes. Motion carried 6-0 with Brenner out of the room. OTHER BUSINESS ADJOURN The meeting adjourned at approximately 6:53 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2009. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Council Chair 138 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-284 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: MJD 5/27/09 f�1 I2 p� 2 "I F � E � V E D 6/9/09 Council - Introduction Division Head: JPR 5/27/09 712,109 Council — Hearin � �� Dept. Head: J U N - 2 2009 OsAYTOI Prosecutor: iAlH I-COM COUNTY Purchasin /Bud et. COUNCIL Executive: b /- TITLE OF DOCUME T: An Ordinance Regarding Establishment of Speed Limit on Haxton Way, from Slater Road to Kwina Road ATTACHMENTS: 1. Memo to County Executive and County Council 2. Haxton Way Speed Limit Ordinance 3. Vicinity Map 4. Haxton Way Speed Limit Study S. Lummi Indian Business Council Letter of Request to Reduce Speed SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: �F7/2172.0'09> 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) To comply with RCW 46.61.415, at the direction of the County Council, it is found necessary and expedient to modify the speed limit on Haxton Way. COMMITTEE ACTION: COUNCIL ACTION. 6/09/2009: Introduced Related County Contract #. Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.waus/council. 139 WHATCOM COUNTY JOSEPH P. RUTAN, P.E. Count Engineer/Assistant Director PUBLIC WORKS DEPARTMENT .r..:.. oZ Y s: a Whatcom County Engineering Services FRANK M. ABART 3. '' • 5280 Northwest Dr., Ste C Director - Bellingham WA 98226-9098 Phone: (360) 676-6730 9sNING Fax: (360) 676-65581 MEMO TO: The Honorable Pete Kremen, County Executive, and Honorable Members of the Whatcom County Council Through: Frank Abart, Public Works Directo#1147q �0� FROM: Joseph P. Rutan, County Engineer/Assistant Director MAY , 9 2009 COUNTY EXECUTIVE RE: Ordinance Regarding Change of Speed Limit on a Portion of Haxton Way DATE: May 27, 2009 Requested Action: Adoption of an ordinance for the change of speed limit on a portion of Haxton Way. Background and Purpose: The County Council has directed the Public Works Department to prepare an Ordinance that changes the speed limit to 35 miles per hour on Haxton Way from Slater Road to Kwina Road. Information• The current speed limit on Haxton Way from Slater Road to Kwina Road.is 50 mph. Enc. Office (360) 676-6730 FAX (360) 676-6558 140 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 42 43 45 SPONSORED BY: PROPOSED BY: Public Works -Engineering INTRODUCTION DATE: 6/9/2009 ORDINANCE NO. AN ORDINANCE REGARDING ESTABLISHMENT OF SPEED LIMITS ON A PORTION OF HAXTON WAY WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a traffic study was conducted by the County Engineer's office; and WHEREAS, the County Council has found it necessary to formally establish a new speed limit on a portion of Haxton Way; and NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a speed limit be set and posted as follows: on Haxton Way, from the intersection of Slater Road to Kwina Road, the speed limit will be 35 mph. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. Provisions of this ordinance are hereby added to Whatcom County Code, Section 10.04.050. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: &"a" t "1(. hAv�,� Civil Deputy Prosecutor , 2009. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Seth M. Fleetwood, Council Chair Pete Kremen, Executive ( ) Approved ( ) Denied Date Signed: 141 EXISTING HAXTON WAY SPEED LIMITS VICINTY MAP MOUNTAIIJVIEWRD TN VIEq RD MAIN ST Q � VO DOUGLAS RD ,S o ry o u J UNICK RD w C0 1 0 �0 ULRIC RD z z J = WALLTINE R LAMPMAN RD O Lu SLATER RD SLATER RD = w J Z w LL �S w KWINA RD H F RD MARINE DR NTR LN 2 Legend PROPOSED 35 MPH 0 SCOTT RD LL 1 inch = 4,000 feet Z E_ Q LL. O _w v �O m� �O 142 HAXTON WAY SPEED LIMIT STUDY SLATER ROAD (MP6.52) TO KWINA ROAD (MP4.7) Purpose of study This speed study was performed in response to a request from the Lummi Indian Business Council to lower the speed limit from the existing 50 MPH to 35 MPH on a portion of Haxton Way from Kwina Road to Slater Road. The existing speed limit by ordinance is 35 MPH on Haxton Way from Slater Road to a point 1200 feet south of Slater Road. The remaining portion of Haxton Way is 50 MPH all the way past Kwina Road to Smokehouse Road (approximately 5.1 miles). The traffic study involved reviewing collision reports, placement of signs, measurement of road and shoulder dimensions along with two traffic counters located just north of Kwina Road and just south of South Red River Road. Haxton Way is classified as a Rural Major Collector. The road has 11 foot driving lanes and 1 to 4-foot shoulders. Speeds and Volumes Traffic counts were taken at the approximate mileposts of 4.75 & 5.85 during two separate weeks in June and August of 2006. The counts consist of volume, speed, and truck percentage. Counts: MP 4.75 4517 ADT (North of Kwina Rd) MP 5.85 5712 ADT (South of Red River Bridge) Speed: MP 4.75 85th percentile 54.2 MPH (Speed Limit 50 mph) MP 5.85 85`h percentile 54.0 MPH (Speed Limit 50 mph) Trucks 1.5 % Other Data South Red River Rd Counts: 175 ADT (East of Haxton Way) 48 ADT (West of Haxton Way) Collisions A review of collisions that we have received from the Washington State Patrol showed that there have been 9 collisions in the last three years (2006-2008) from Kwina Road to the beginning of the existing 35 MPH speed zone (1200 feet south of Slater Road — MP 6.29). Of the 9 collisions, 4 involved an injury and one of the collisions was a fatality when a vehicle struck a bicycle. Two of the 9 collisions were DUI including the fatality. Conclusion Haxton Way is a rural major collector and is functioning in that manner with a volume of close to 6000 ADT. The cross roads in the study area, which are local access roads, have substantially less traffic volume and now have a stop condition. Also the 85th percentile speeds on Haxton Way are within the standard for the posted speed limit. Public Works recommends the speed limit should remain as posted at 50 mph. 143 Lummi Indian Business Council 2828 Kwina Road, Bellingham, Washington 98226 (360) 384-2307 February 9, 2009 Whatcom County Council 311 Grand Avenue, Suite 105, Bellingham, WA 98225 SUBJECT: Speed Reduction Request: Haxton Way, Slater Rd. to Kwina Rd. Dear Whatcom County Council: The Lummi Nation hereby requests a reduction in speed from 50 mph to 35 mph on Haxton Way from Slater Road to Kwina Road. A recent traffic study performed by RH2 Engineering Inc. showed that there have been significant deaths and injuries due in part to the high speed of the road. We have established in our official transportation plan that roadway speed on Haxton Way needs to be reduced to save lives and reduce property loss. Additionally, the Ltunrni Nation and Whatcom County are jointly in the process of designing a bicycle/pedestrian pathway along this portion of Haxton Way. The current high speed is causing the design of the pathway to exceed available funds. Since neither the County nor the Lummi Nation has additional fiends to devote to this project, it would be beneficial to all concerned to reduce the speed rather than give the funds back to the State of Washington. 11 Thank you for your kind attention to this matter we look forward to working with you on the marry mutual issues we hold in common. Si le:nrygey, Chairman 144 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AR2009-314 CLEARANCES Initial Date Date Received in Council Office A enda Date Ass* ned to: Originator: Cathy Craver CC � � �f 'p�7 � 717109 Council Intro I �? E LE1 � Nat. Resources Division Head: Oliver G 7/21 2009 / Groh `�' U JUN 2 9 2009 Dept. Head: David Council Stalheim � �1i,gTCN1 COUNTY 7/21/09 Public Hearing Prosecutor: Royce j / o� Buckingham (/� (� C COUNCIL Purchasing/Budget: Executive: Pete Kremen TITLE OF DOCUMENT - AMENDING THE WHATCOM CO UNTY CODE TITLE 20, CHAPTER 20.80.735, ON AN INTERIM BASIS, TO MODIFY THE DATES OF SEASONAL RESTRICTIONS ON CLEARING ACTIVITIES AND ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE WATER RESOURCE SPECIAL MANAGEMENT AREAS ATTACHMENTS: Ordinance SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 7121109 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 amending Whatcom County Code Title 20, on an interim basis, to modify the dates ofseasonal restrictions on clearing activities from September I" through April 30`h to October IS` through May 31", and imposing a deadline on the issuance of development permits to two weeks prior to the seasonal closure date in the Water Resource Special Management Areas. COMMITTEE ACTION.• COUNCIL ACTION: 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: ORD 2003-049 ORD 2005-074 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. 145 WHATCOM COUNTY Planning & Development Services err `yA 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax MEMORANDUM To: Whatcom County Council Through: David Stalheim 11�7 From: Cathy Craver, Planner II C/ - Date: June 25, 2009 David Stalheim Director J.E. "Sam" Ryan Assistant Director RECEIVED JUN 2 5 2009 PETE KREMEN COUNTY EXECUTIVE Subject: Proposed changes to the Water Resource Special Management Areas Planning and Development staff is proposing to modify the dates of the seasonal restrictions on clearing activities in the Water Resource Special Management Areas (WCC 20.80.735) to October 1st through May 31st (currently September 1st through April 30tn). Additionally, the proposed code amendments would impose a deadline on the issuance of development permits two weeks prior to the closure date to ensure the compliance with this section. In October 2003, the Whatcom County Council adopted seasonal restrictions on clearing activities in the Water Resources Special Management Areas (ORD 2003-049). This limited clearing activities of greater than 500 square feet to May 1st through September 30tn In October 2005, the dates of the seasonal restrictions on clearing activities were changed to May 1st through August 30tn (ORD 2005-074). The intent of this change was to allow for the new growth of lawn and landscaping to establish a substantial root system prior to the more precipitous months of the year to minimize sediment runoff from development sites. Since this change, staff observation along with annual precipitation data has concluded that the hydrologic conditions in September have a reduced risk of adverse development impacts than in May because: 1.) On the average, cumulative precipitation is less in September than in May, and 2.) The antecedent soil moisture is much less than in September than in May. As such, the risk of impacts due to development in September is well below than that in May. Whatcom County also has a formalized commitment with the City of Bellingham and the Lake Whatcom Water and Sewer District through the Lake Whatcom Management Program (LWMP) focusing on the protection of Lake Whatcom. The City of Bellingham has adopted similar clearing restrictions allowing for clearing activities from June 1st through September 30tn. The proposed amendment would accomplish a task of the LWMP to have consistent regulations between the jurisdictions. 146 SPONSORED BY: PROPOSED BY:_ INTRODUCTION ORDINANCE NO. DATE: AMENDING THE WHATCOM COUNTY CODE TITLE 20, CHAPTER 20.80.735, ON AN INTERIM BASIS, TO MODIFY THE DATES OF SEASONAL RESTRICTIONS ON CLEARING ACTIVITIES AND ISSUANCE OF DEVELOPMENT PERMITS WITHIN THE WATER RESOURCE SPECIAL MANAGEMENT AREAS WHEREAS, the preservation and protection of drinking water is a high priority for Whatcom County; and WHEREAS, Lake Whatcom is the drinking water source for approximately half the residents of Whatcom County; and WHEREAS, Lake Samish is the source of potable water for approximately 90 percent of residents in the Lake Samish watershed; and WHEREAS, Lake Padden is a high use recreation area where human contact with the lake is affected by water quality; and WHEREAS, Whatcom County Code 20.80.735 designates Lake Whatcom, Lake Samish, and Lake Padden watersheds as Water Resource Special Management Areas, and establishes a more stringent standard for clearing activity in highly valued water resource areas within Whatcom County; and WHEREAS, Washington State Department of Ecology has listed Lake Whatcom as an impaired waterbody and placed Lake Whatcom on the federal Clean Water Act 303(d) list because of fecal coliform in creeks and in the lake, phosphorus in the tributary creeks, and low dissolved oxygen levels in the lake; and WHEREAS, the Whatcom County Council has been addressing seasonal restrictions on clearing activities in Water Resource Special Management Areas since 2002; and WHEREAS, Whatcom County adopted Ordinance 2003-049 on October 7, 2003 imposing a seasonal restriction on land clearing activities within the Water Resource Special Management Areas from October 1 through April 30; and WHEREAS, Whatcom County adopted Ordinance 2005-074 on October 11, 2005 modifying the dates of the seasonal restriction on land clearing activities within the Water Resource Special Management Areas to September 1 through April 30; and WHEREAS, Ordinance 2005-027 stated the Council's desire to evaluate necessary actions to the TMDL goal of reversing the declining water quality trends in Lake Whatcom, including but not limited to development codes, regulations, and standards; and Page 1 147 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 42 43 44 45 46 47 48 49 WHEREAS, the Whatcom County SEPA Official issued a Determination on Non - significance (DNS) on June 26, 2009; and WHEREAS, RCW 36.70.795 requires the adoption of Findings of Fact to substantiate Council action, the Council makes the following Finding of Facts: 1. Notice of the subject amendment was sent to the Department of Community Trade and Economic Development (CTED) and other State agencies on June 23, 2009. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on June 26, 2009. 3. Since 1990, Whatcom County has been meeting with the City of Bellingham and the Lake Whatcom Water and Sewer District (formerly known as Water District 10) to develop long-term management for Lake Whatcom. 4. Lake Whatcom was listed as an impaired water body in 1997 by the Department of Ecology, and put on the Federal Clean Water Act's 303(d) list of impaired waters. 5. By 1998, Whatcom County, City of Bellingham, and the Lake Whatcom Water and Sewer District formalized their joint commitment to protect and manage the lake through the adoption of an interlocal agreement concerning the joint management of the lake creating the Lake Whatcom Management Program (LW MP). 6. In 1999, the first LWMP Work Plan for the lake was developed, followed by five-year plans starting in 2000 with ten specific program areas focused on water quality protection. 7. In 2001, the City of Bellingham adopted the Lake Whatcom Reservoir Regulatory Chapter (also known as the Silver Beach Ordinance) which contains seasonal restrictions on clearing activities from October 1st through April 30tn 8. In 2003, Whatcom County adopted seasonal restrictions on clearing activities from October 1st through April 30tn 9. In 2005, Whatcom County modified the dates of seasonal restrictions on clearing activities to September 1st through April 30tn 10.The Draft Lake Whatcom Watershed Total Phosphorus and Bacteria Total Maximum Daily Load (TMDL) Water Quality Findings were released in April 2008. 11.The Interjurisdictional Coordinating Team (ICT) is the committee of multi - jurisdictional staff coordinating on the Lake Whatcom Management Program Work Plans, and is assisting in the development of a strategy to respond to Page 2 im 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 42 43 44 45 46 47 48 49 the pollutant discharge requirements set forth in the TMDL. 12.The 2005-2009 Lake Whatcom Management Work Plan Task 3.3 is to, "Evaluate options for consistent development regulations among City, County, and District." 13.In 2009, the City of Bellingham approved a revised Silver Beach Ordinance which modified the seasonal restrictions on clearing activities to October 1st through May 31st 14.County-Wide Planning Policy N.2 states that "the Cities and the County in cooperation with other municipal corporations and tribal governments shall adopt zoning regulations and development standards to protect water resources. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 20 is hereby amended as indicated in Exhibit A of this ordinance. BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW 36.70.795, that this 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. ADOPTED this day of , 200. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED A Civil Deputy Prosecutor Page 3 Seth Fleetwood, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: 149 . EXHIBIT � A 20.80.735 Water Resource Special Management Areas. The purpose of a water resource special management area is to establish a more stringent standard for clearing activity in highly valued water resource areas, environmentally sensitive areas, or areas where natural conditions are so unstable that clearing activity in the areas can result in hazardous conditions. Implementation of best management practices, including phased clearing, tree retention and seasonal clearing limitations, is intended to limit the amount of exposed soils on site that are susceptible to erosion at any one time, thereby improving site stability during development and reducing potential for transport of dissolved pollutants and sediments off site. Preservation of existing trees on site also reduces the quantity and maintains the quality of stormwater leaving a site during and after development activities by encouraging interception, infiltration and evapotranspiration of rainfall and surface runoff. Whatcom County shall establish the following geographic areas as Water Resource Special Management Areas: Lake Whatcom watershed; Drayton Harbor watershed; Lake Padden watershed; Lake Samish watershed; and Birch Bay watershed. (1) Water Resource Special Management Area Review Thresholds. County review and approval shall be required for clearing activities which exceed the following thresholds. If the clearing activity does not meet the threshold criteria, county review is not required. However, the owner is still subject to, and must comply with, the minimum requirements established in this chapter and in the Whatcom County Development Standards. (a) Lake Whatcom, Lake Samish and Lake Padden Watersheds. County review and approval shall be required for all clearing activities associated with a fill and grade permit, building permit or other development proposal. Clearing activities which are not associated with a development permit shall require county review if they are: (i) Five thousand square feet or greater during the dry season, _ une 1 st through _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: May September 30th; or (ii) Five hundred square feet or greater during the wet season, October 1st through VIa Formatted: Superscript 3 C------------------------------------------------------------------------------------------------------------------------ Deleted: April30th. (2) Within water resource special management areas, clearing activity must conform to the following conditions: 150 EXHIBIT A (a) Temporary erosion and sediment control shall be installed and inspected prior to any clearing activity. The technical administrator shall conduct periodic inspections to ensure the integrity of temporary erosion and sediment controls. Temporary erosion and sediment control measures include, but are not limited to, installation of silt fencing, installation of check dams, covering of excavation piles, and mulching of exposed soils, as specified in the Whatcom County Development Standards. (b) Phased Clearing. Construction activities and clearing activities shall be phased to limit the amount of exposed soil that occurs at any one time, if determined to be appropriate by the technical administrator, based on site characteristics or constraints including, but not limited to, slopes, proximity to shorelines and wetlands. A phased clearing plan may be required. A phased clearing plan, if required, shall be submitted for review and approval by the technical administrator prior to any clearing activity and shall contain a detailed construction schedule or time line. (c) Soil Stabilization. All disturbed areas shall be provided with soil stabilization within two days of the time of disturbance. The technical administrator may approve an exemption to this requirement when a tree canopy area retention plan includes a soil stabilization plan. This plan component must specifically detail erosion and sediment control and stormwater runoff measures that provide runoff control equal to or greater than the protection provided by the standard two-day soil stabilization requirements of this section. (d) Tree Canopy Area Retention. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, in addition to compliance with all other requirements of this title and other titles of the Whatcom County Code, clearing activities on any lot or parcel, with the exception of nonconversion forest practices occurring on lands platted after January 1, 1960, shall comply with the following provisions: (i) Existing tree canopy areas, as defined by the dripline of the tree(s), may be removed for purposes of a building site, driveways, parking areas, and areas to be landscaped, but such areas shall not exceed a cumulative total of 5,000 square feet or 35 percent of the existing tree canopy area, whichever is greater. (ii) The following criteria shall be used to determine which tree canopy areas are to be prioritized for retention: (A) Stands of mature native trees; (B) Trees on sensitive slopes, on lands classified as having landslide hazards, or high erosion hazards, as defined under the critical areas ordinance; (C) Trees within critical areas or their associated setback and/or buffer areas as defined under WCC Title 16 or 23; or 151 EXHIBIT A (D) Trees with significant habitat value as identified by a qualified wildlife biologist or by the technical administrator, per WCC Title 16. (iii) Existing trees and vegetation may be used to meet all or part of the landscaping requirements of this title. (iv) The county shall require that tree canopy areas to be retained are identified on a site plan and clearly flagged, or delineated, on the site. A tree canopy area retention plan must accompany a project or clearing permit application and be approved by the technical administrator before clearing activity takes place. The plan shall contain the following components: (A) A scaled drawing identifying the following: 1. North arrow; 2. Property boundaries; 3. Existing structures; 4. Site access; 5. Tree canopy areas to be removed; 6. The outer dripline of tree canopy areas to be retained; 7. Critical areas including, but not limited to, slopes, wetlands, and habitat conservation areas; 8. Protection measures to be utilized for areas that will be undisturbed; and 9. Areas to be replanted pursuant to subsection (2)(d)(vii) of this section; (B) A planting schedule that indicates the time frame for replanting of trees as applicable; and (C) Provisions for maintenance and monitoring. (v) Prior to any clearing activity or development activity, any tree canopy area designated for retention shall be delineated by temporary fencing, tape, or other indicators around the outer dripline of the trees. Temporary fencing, tape, or other indicators shall be clearly visible and shall be maintained for the duration of the proposed clearing or development activity. Any tree canopy areas designated for retention shall be field verified by the technical administrator before clearing activities begin. Trees within canopy areas designated for retention shall not be damaged by clearing, excavation, ground surface level changes, soil compaction, or any other activities that may cause 152 EXHIBIT A damage to roots or trunks. Machinery, impervious surfaces, fill and storage of construction materials shall be kept outside of the dripline of the tree canopy areas designated for retention. (vi) Tree canopy areas may be removed when limited to those canopy areas affected under the following circumstances: (A) Fire prevention methods when supported by the county fire marshal; (B) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evaluation and determination by a licensed arborist or forester may be required); (C) Encroachments where the trunk, branches or roots would be, or are, in contact with main or accessory structures; or (D) Where installation and/or maintenance of roads or utilities would unavoidably require removal or cut through the root system. (vii) In the event that tree canopy areas in excess of the applicable threshold must be removed to facilitate reasonable use of the site, or to eliminate hazard trees, not less than two replacement trees shall be planted for every tree removed. Replacement trees shall: (A) Be of the same, or similar, native species as those trees removed from site; (B) Be planted to re-establish tree clusters where they previously existed, or to enhance protected tree clusters; (C) Be planted in locations appropriate to the species' growth habitat and horticultural requirements; and (D) Be located away from areas where damage is likely. (viii) If any trees within canopy areas designated for retention are damaged or destroyed through the fault of the applicant, agent or successor, the applicant, their agent or successor shall restore the site pursuant to a restoration plan approved by the county. (ix) The county may require a bond or other security in an amount not to exceed 125 percent of the merchantable timber to guarantee retention of existing trees within designated canopy areas during construction. In the event of a dispute between the landowner and the county over the established value, an assessment will be made by a professional forester or arborist whose selection will be made by mutual agreement between the county and the landowner. The fee for the services of the professional forester or arborist shall be paid by the landowner or responsible party. In the event any trees designated to be retained are removed, the county shall require that sufficient trees be re -planted to replace those previously in existence. In the event that replanting does 4 153 EXtI101T A not occur, the county may enforce upon any bond posted. Each tree removed or destroyed shall constitute a separate violation. (e) Seasonal Clearing Activity Limitations. In the Lake Whatcom, Lake Samish and Lake Padden watersheds, clearing activity, as defined in WCC 20.97.054, that will result in exposed soils exceeding 500 square feet shall not be permitted from October 1 st through Deleted: April 30tb -------------- a 31Stprovided, that------------------------------------------------------------------------------------------- = - Formatted: Superscript Deleted: September (i) In addition to the clearing activities exempted under WCC 20.80.733, the zoning administrator may approve an exemption to this requirement for the following activities: (A) Routine maintenance and repair of erosion and sediment control measures; (B) Activities located at or waterward of the ordinary high water mark subject to state, federal, and/or local (per WCC Title 23 and/or Chapter 16.16 WCC) conditions of approval requiring commencement of clearing activity during the wet season, as defined above, for purposes of minimizing surface water disturbance and site inundation by high water or wave action; (C) Activities necessary to address an emergency that presents an unanticipated and imminent threat to public health, safety or the environment that requires immediate action within a time too short to allow full compliance with this section. Upon abatement of the emergency situation, the clearing activity shall be reviewed for consistency with this chapter and may be subject to additional permit requirements; provided, that the applicant shall make a reasonable attempt to contact the zoning administrator prior to the activity. When prior notice is not feasible, notification of the action shall be submitted to the zoning administrator as soon as the emergency is addressed and no later than two business days following such action. Emergency construction does not include development of new permanent protective structures where none previously existed. (ii) To ensure compliance with WCC 20.80.735(2)(e), Whatcom County Planning and Development Services shall not issue development permits requiring more than 500 square feet of land disturbance located within the Lake Whatcom, Lake Samish or Lake Padden Watershed within two weeks prior to the watershed seasonal closure on October 1 St. (iii) Soil disturbance associated with an exempt clearing activity shall be minimized to the maximum extent practicable. The zoning administrator shall have the authority to condition an exempt activity to ensure that temporary erosion and sediment control measures will be implemented. WAn exemption_from the seasonal land clearing requirements of this section does not ------- Deleted: iii grant authorization for any work to be done in a manner that does not comply with other provisions of this chapter or other applicable development regulations. 154 EXHIBIT A (f) One Hundred Fifty Percent Violation Fines. When a violation occurs in an area designated as a water resource special management area the total fine assessment shall be increased to 150 percent of the standard penalty as provided for in Chapter 20.94 WCC, Enforcement and Penalties. (Ord. 2007-047 Exh. A, 2007*; Ord. 2005-074 § 1, 2005; Ord. 2005-061 Exh. A, 2005; Ord. 2005-032 Exh. A, 2005; Ord. 2005-030 § 1 Exh. A, 2005; Ord. 2004-051 Exh. A, 2004; Ord. 2003-049 § 1, 2003; Ord. 2003-032 Exh. A, 2003; Ord. 2002-075, 2002; Ord. 2002-053, 2002; Ord. 2002-034, 2002). *Code reviser's note: The amendments of Ordinance 2007-047 expire April 8, 2008. 155 WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2009-315 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: K.Olason �r�r?1 II'� (� ,J U 1 Y L J 2009 717109 Council Intr y Division Head: K. Christensen �c1 7LZJL2oo9 �ouricll Dept. Head: / r� y / F. Abort 1Crr f ( y� s,r' �'nM COUNTY Prosecutor. �b/�3/aG D. Gibson [J rah , G U i��` G I L Purchasing/Budget: 6 Oq B. Bennett Executive: P. Kremen TITLE OF DOCUMENT: Resolution of the Whatcom County FCZD Board of Supervisors for adopting a budget and work plan for the Birch Bay Watershed and Aquatic Resources Management District for the remainder of 2009 ATTACHMENTS: ■ Memo ■ Resolution ■ BB WARM 2009 Budget ■ BBWARM2009 Work Plan SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? (x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: July 21, 2009 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This resolution provides funding for the remainder of 2009 for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation, and partnering with other organizations to address stormwater quantity and quality issues. COMMITTEE ACTION: COUNCIL ACTION: 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www. co. whatcom. wa. us/council. 156 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Flood Control Zone District (FCZD) Board of Supervisors ����// I,4j THROUGH: Frank M. Abart, Public Works Director q--,q' / FROM: Jon Hutchings, Assistant Director Kirk N. Christensen, P.E., Stormwater Manager RE: Resolution of the Whatcom County FCZD Board of Supervisors for adopting a budget and work plan for the Birch Bay Watershed and Aquatic Resources District for the remainder of 2009 DATE: June 17, 2009 Please find enclosed for your review and approval a resolution for the Birch Bay Watershed and Aquatic Resources Management District 2009 Budget in the amount of $229,522. ■ Background and Purpose This resolution provides funding for the remainder of 2009 for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation and partnering with other organizations to address stormwater quantity and quality issues. ■ Funding Amount and Source Funding source of $229,522 for 2009 will come from Birch Bay Watershed and Aquatic Resources Management fees collected through this year's tax roll. Please contact Kraig Olason at extension 50782 if you have any questions regarding this resolution. Enclosures 157 SPONSORED BY 38 PROPOSED BY: Public Works Department INTRODUCTION DATE: July 7, 2009 RESOLUTION NO. 2009- (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) ADOPTING THE 2009 BUDGET AND WORK PLAN FOR THE BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT (BBWARM) DISTRICT WHEREAS, the 2009-2010 budget for the Whatcom County Flood Control Zone District (FCZD) was adopted November 25, 2008; and WHEREAS, the Board of Supervisors adopted the Birch Bay Watershed Aquatic and Resources Management (BBWARM) Sub Flood Zone District, Ordinance 2007-019;and WHEREAS, the Board of Supervisors adopted resolutions establishing and setting rates for the BBWARM District, Resolution 2008-049 and 050, for the purpose of providing funding to implement the Birch Bay Watershed Comprehensive Stormwater Plan as adopted by Resolution 2006-070; and WHEREAS, BBWARM District stormwater fees were levied and included in the 2009 annual tax collection; and WHEREAS, the collection of those fees provides the revenue source for this budget request; and WHEREAS, the budget has been assembled and submitted for deliberation by the Board of Supervisors NOW THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the 2009 budget and work plan for the Birch Bay Watershed Aquatic and Resources Management is hereby adopted to include the amount set forth in Exhibit A attached hereto, the budget portion of which is summarized below: Expenditures Revenues Net Effect Total Flood Control Zone District $229,522 ($730,000) ($ 500,478) ADOPTED this day of , 2009. ATTEST: Seth Fleetwood, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecuting Attorney WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON 158 L-kP)I`:ICf SUMMARY BUDGET Birch Bay Watershed and Aquatic Resources District BUDGET 2009 2009 6110 REG SALARIES & WAGES $ 36,837.00 1 FTE 6MO TOP STEP SENIOR PLANNER FIELD/RESEARCH ASSISTANCE MID- 6120 EXTRA HELP $ 12,351.00 RANGE PLANNER 2 6140 OVERTIME $ 3,000.00 APPROX 80 HRS 6200 PERSONAL BENEFITS $ 23,944.00 AT .65 OF SALARY 6320 OFFICE SUPPLIES $ 1,000.00 6330 PRINT $ 6,200.00 6340 BOOKS/PUBS $ 1,400.00 6510 TOOL EQUIP $ - 6520 SOFT WARE $ 2,000.00 6630 PROFESSIONAL SERVICES $ 53,000.00 6710 POST SHIP $ 6,500.00 6720 TELEPHONE $ 300.00 6780 TRAVELED/TRAINING $ 1,000.00 6790 TRAVEL -OTHER $ 3,000.00 6810 ADVERTISING $ 1,150.00 6860 EQUIP RENTAL $ - 6869 EQUIP INTERFUND $ - 6870 SPACE RENTAL .$ 2,750.00 7060 REPAIR & MAINT $ - 7110 REGISTRATION TUITION $ 2,100.00 7140 MEETING REFRESMENT $ 400.00 7159 ADMINCOST ALLOCATION PWA $ 30,390.00 .5 FTE 6/MO 7190 OTHER MISC $ 10,000.00 7199 OTHER MISC INTERFUND $ 15,000.00 INTER-GOVT PROFESSIONAL 7210 SERVICES $ 15,000.00 7420 COMPUTER CAPITAL OUTLAYS $ 2,200.00 TOTAL $ 229,522.00 159 BBWARM 2009 Work Plan Program Elements 1 WATER QUALITY MONITORING A DEVELOP PLAN B SAMPLING/REPORTING CAPITAL IMPROVEMENT 2 PROJECTS A RECOMMENDED PROJECT LIST B ENGINEERING ANALYSIS/PROJECTS C ENGINERING PROJECT DESIGN D PROJECT CONSTRUCTION/OVERSIGHT 3 PUBLIC INFO/EDUCATION A GENERAL EDUCATION PROGRAM I DEVELOP PROGRAMS II IMPLEMENT PROGRAMS B TARGET GROUPS I IDENTIFY TARGET GROUPS II DEVELOP PROPGRAMS 1 PRIVATE STORMWATER FACILITIES a CONDUCT INVENTORY b DEVELOP TRAINING PROGRAM C CONDUCT TRAINING PROGRAM d DEVELOP AND IMPLEMENT INCENTIVE PROGRAM FOR PRIVATE STORMWATER FACILITIES jul 1 - sept oct 1 - dec COMMENTS 31 31 * * * * MONTHLY SAMPLING WITH FOLLOW UP SAMPLING * * * MAJORITY OF WORK WILL BE DONE THROUGH CONSULTANT CONTRACT. FINAL PRODUCT WITH BE FEASABILITY * * STUDY AND FINAL RECOMMENDATION LIST * WILL BEGIN INITIAL CIP DESIGN WORK IF TIME ALLOWS IN 2009. EMPHASIS THROUGH YEAR END ON DEVELOPING A EDUCATIONAL PROGRAM AIMED AT A GENERAL AUDIENCE AND A * * * * DETAILED WORK PLAN/BUDGET FOR 2010 EMPHASIS THROUGH YEAR END ON DEVELOPING A TARGETED PROGRAM AIMED AT A SPECIAL GROUPS/USERS * * * AND A DETAILED WORK PLAN/BUDGET FOR 2010 MAJORITY OF THE WORK FOR 2009 WILL INVOLVE RESEARCHING DEVELOPMENT FILES AND CONDUCTING * * * INVENTORY/MAPPING OF PRIVATE STORMWATER SYSTEMS IF INVENTORY/MAPPING CAN BE COMPLETED IN 2009, RESEARCH WILL BEGIN IN ORDER TO DEVELOP AN * EDUCATIONAL PROGRAM TO IMPLEMENT IN 2010. 160 Program Elements 2 PET WASTE MANAGEMENT PROGRAM a EVALUATE NEED FOR MORE. STATIONS b CONTINUE TO SUPPORT PROGRAM C LID HOMEOWNER EDUCATION I REVIEW LID OPTIONS AND DEVELOP RECOMMENDED LID LIST II IMPLEMENT LID PROGRAM 1 PROVIDE TECHNICAL INFORMATION 2 PROVIDE INDIVIDUALS WITH TECHNICAL ASSISTANCE D COMMERCIAL LID EDUCATION REVIEW LID OPTIONS AND DEVELOP RECOMMENDED LID LIST II IMPLEMENT LID PROGRAM 1 PROVIDE TECHNICAL INFORMATION 2 PROVIDE INDIVIDUALS WITH TECHNICAL ASSISTANCE E LANDOWNER STEWARDSHIP INITIATIVE i DEVELOP PROGRAMS IMPLEMENT PROGRAM IN PRIORITIZED II AREAS MAINTENANCE AND. OPERATIONS 4 PROGRAM I DEVELOP PROGRAMS IMPLEMENT PROGRAM IN PRIORITIZED II AREAS 5 COLLABORATIVE PROGRAMS I SHELLFISH DISTRICT RESPONSE jul 1 - Sept oct 1 - dec COMMENTS 31 31 2 * * * * EXISTING MUTT MIT STATIONS WILL BE SERVICED AND MATERIALS PROVIDED RESEARCH INTO APPROPRIATE LID PRACTICES AND OPTIONS FOR IMPLEMENTATION WILL BE CONDUCTED. * * * DETAILED IMPLEMENTATION BUDGET WILL BE DEVELOPED FOR 2010 THE CONSERVATION DISTRICT WILL ASSIST THE ADVISORY COMMITTEE IN DEVELOPING A STEWARDSHIP * * * PROGRAM TO BEGIN 2010 - INCLUDING PRODUCING A DETAILED BUDGET. IF TIME PERMITS, A MAILING WOULD BE PROVIDED TO THE INTIAL TARGET AREA * ANNOUNCING THE AVAILABILITY OF THE PROGRAM. WORKING WITHIN PW AND THE ADVISORY COMMITTEE/COMMUNITY, A M&O PROGRAM WILL BE DEVELOPED THAT WILL INCLUDE ACTIVITIES AND * * * * BUDGET REQUIREMENTS FOR IMPLEMENTING IN 2010. COORDINATION WITH SHELLFISH DISTRICT PROGRAMS WILL INTITIATE SUMMER 2009 AND CONTINUE AS AN ON- * * * * GOING ACTIVITY INTO THE FUTURE. 161 Program Elements II STREAM ENHANCEMENT PROJECTS III ON SITE SEPTIC - HEALTH DEPT IV RURAL LANDOWNER TECHNICAL ASSISTANCE V STORMWATER INFILTRATION PREVENTION PROJECTS WITH BBWSD VI 1 CALL BIRCH BAY CONTACT # VII BIRCH BAY ACTION PLAN DEVELOPMENT 6 ADMINISTRATION FEE ROLL & ACCOUNT MANAGEMENT ADVISORY COMMITTEE STAFFING GENERAL PROGRAM ADMINISTRATION PUBLIC INFORMATION/PROGRESS REPORTING jul 1 - sept oct 1 - dec COMMENTS 31 31 FINANCIAL ASSISTANCE IS PROVIDED FOR NESEA PROJECTS SUMMER/FALL 2009 AND ADDITIONAL PROJECTS WILL * * * BE DEVELOPED FOR INCLUSION IN 2010 BUDGET. A RESOURCE LINE IS PLANNED TO PROVIDE A CONVENIENT CONTACT POINT FOR BB COMMUNITY. THIS WILL * * BE DEVELOPED FOR IMPLEMENTATION LATE FALL 2009. EPA PROJECT WILL INVOLVE SOME STAFF TIME AND MAY INVOLVE BBWARM * * COMMITTEE MEMBER PARTICIPATION. THIS ONGOING ACTIVITY WILL BE VERY TIME CONSUMING DUE TO THE NUMBER OF RATE ADJUSTMENT REQUESTS IN * * * * 2009 AND TO IMPLEMENT THE FIRST AUTOMATED FEE ROLL. ONGOING STAFF ASSISTANCE TO THE * * * * ADVISORY COMMITTEE WILL CONTINUE. A VARIETY OF ACTIVITIES WILL BE * * * * REQUIRED TO IMPLEMENT THE BBWARM DISTRICT REPORTING ACTIVITIES WILL BE CONDUCTED AND PROVIDED TO THE FCZD BOARD OF SUPERVISORS, * * * * BBWARM ADVISORY COMMITTEE AND THE PUBLIC. 3 162 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Telephone: (360) 715-7450 FAX: (360) 715-7451 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Jon Hutchings, Assistant Director (' Kirk N. Christensen, P.E., Stormwater Manager cc: Brad Bennett, Manager, AS -Finance Peggy Leviton, Accounting Supervisor, Public Works -Administration DATE: June 19, 2009 RE: 2009 Budget Supplemental —Birch Bay Watershed and Aquatic Resources Management District Budget for the remainder of 2009 Please find enclosed a supplemental budget request from Public Works—Stormwater for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District 2009 Budget in the amount of $229,522 collected from fees through this year's tax roll. This request will provide budget authority for the remainder of 2009 for the BBWARM District to begin implementation of the Birch Bay Watershed Comprehensive Stormwater Plan. This year's activities include, capital improvement projects, water quality monitoring, education, maintenance and operation, and partnering with other organizations to address stormwater quantity and quality issues. Please contact Kraig Olason at extension 50782 if you have any questions regarding this request. Enclosure 163 Supplemental Budget Request Status: Pending Public Works Flood Control Zone District - i9Bv4AiZn Sad an2 Supp'l /D # 844 Fund .2&4 Cost Center 169250 Originator: Remy Stratton Expenditure Type: Ongoing Year 1 2009 Add'I FTE 0 Add'I Space ❑ Priority 1 Name of Request: Birch Bay Watershed & Aquatic Resources Mgmt Dist Depa ment Head Signature. (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $600,478 4317.7000 Other Operating Assessme ($730,000) 6110 Regular Salaries & Wages $36,837 6120 Extra Help $12,351 6140 Overtime $3,000 6290 Applied Benefits $23,944 6320 Office & Op Supplies $1,000 6330 Printing $6,200 6340 Books-Publications-Supsc $1,400 6520 Software $2,000 6630 Professional Services $53,000 6710 Postage/Shipping/Freight $6,500 6720 Telephone $300 6780 Travel-Educfrraining $1,000 6790 Travel -Other $3,000 6810 Advertising $1,150 6870 Space Rental $2,750 7110 Registration/Tuition $2,100 7140 Meeting Refreshments $400 7159 Administrative Cost Alto $30,390 7190 Other Miscellaneous $10,000 7199 Other Miscellaneous/Inte $15,000 7210 Intergov Prof Svcs $15,000 7420 Computer -Capital Outlays $2,200 Request Total $0 la. Description of request. This request authorizes Stormwater Division staff to act on the Birch Bay Watershed and Aquatic Resource Management subzone's proposed work plan for 2009. This supplemental budget request authorizes a 1.0 FTE watershed coordinator for program management, monitoring, and community outreach. Additional funds have been included to provide for consultant services to assist with final project selection and preliminary design work on capital improvement projects, partnering with local conservation groups to accomplish work plan activities and to cover a portion of the costs associated with administration and technical assistance provided by Public Works staff. Friday, June 19, 2009 Rpt Rpt Suppl Regular 164 Supplemental Budget Request Status: Pending Public Works I(A ZS Flood Control Zone District Supp1l0 # 844 Fund- 2EE+0 Cost Center 169250 Originator. Remy Stratton 1b. Primary customers: Birch Bay Watershed and Aquatic Resources Management District, Marine Resources Committee, fishermen, shellfish harvesters, industry, builders, recreationists, and local landowners. 2. Problem to be solved. The Birch Bay Comprehensive Stormwater Plan, adopted by the Whatcom County Council on November 8, 2006, has been developed by the community to protect and restore freshwater and aquatic resources of Birch Bay under the pressure of increasing growth and development. The plan remains unfunded. To address funding needs, an ordinance was adopted in March 2007 forming the Birch Bay Watershed and Aquatic Resources Management District (BBWARM) as of March 2007. The BBWARM Advisory Committee has been meeting since the summer of 2008 to develop a work plan and budget. The present request authorizes the Stormwater Division to support implementation of the work plan. 3a. Options /Advantages: A comprehensive stormwater plan was developed for the Birch Bay Watershed. A part of the planning process included evaluating other alternatives. This budget reflects implementation of the recommended alternative. The programs and projects included in the budget and work plan will address long standing water quality and quantity problems in Birch Bay, including poor water quality which has resulted in a formal shellfish closure in the area of Birch Bay adjacent to Terrell Creek. 3b. Cost savings: N/A 4a. Outcomes: Implementation of the Birch Bay Comprehensive Stormwater Plan and BBWARM work plan. Improvements to water quality and a reduction of localized flooding throughout the Birch Bay Watershed. 4b. Measures: Measures include the reopening of the shellfish harvesting closure area, improvements in water quality as indicated by regular monitoring efforts and increased onsite retention of stormwater. 5a. Other Departments/Agencies: Whatcom County Departments --Public Works, Health, Planning & Development Services; State of Washington Departments --Ecology, Parks, Health 5b. Name the person in charge of implementation and what they are responsible for: Jon Hutchings is the Public Works Assistant Director responsible for the Stormwater program. 6. Funding Source: Birch Bay stormwater utility fees collected from area residents and businesses Friday, June 19, 2009 Rpt: Rpt Suppl Regular 165 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009-1 1 9 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: D JUN Z 9 2009 WHAT 'C O A COUNTY (,0UNCIL f 717109 ,intro Finance Comm.; Council Division Head: 7121/09 Dept. Head.- Prosecutor: Purchasing/Budget: � /2l /% Executive: a I TFILLf OF DOCUMENT: 2009 Supplemental Budget Request #4 ATTACHMENTS: Resolution, Memoranda and Budget Modification Requests SEPA review required? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) 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.) Supplemental #4 requests funding from the Flood Control Zone District Fund: To appropriate $58,191 to fund Marine Resources Committee Grant. COMMITTEE ACTION. COUNCIL ACTION. 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/councib 166 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: 7/7/09 RESOLUTION NO. (A resolution of the Whatcom County Flood Control Zone District Board of Supervisors) AMENDMENT NO. 4 OF THE 2009 BUDGET WHEREAS, the 2009-2010 budget for the Whatcom County Flood Control Zone District was adopted November 25, 2008; and, WHEREAS, changing circumstances require modifications to the approved 2009-2010 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Board of Supervisors, NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that the 2009-2010 budget as approved in Resolution 2008-082 is hereby amended by adding the following additional amounts to the budgets included therein: Expenditures Revenues Net Effect Total Flood Control Zone District 29,020 58 191 (29,1711 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: ..c , 2009 WHATCOM COUNTY FCZD BOARD OF SUPERVISORS WHATCOM COUNTY, WASHINGTON Carl Weimer, Chair of the Board of Supervisors I:\BUDGET\SUPPLS\2009_Suppl\FCZDRes#4.doc 167 Flood Control Zone District Supplemental #4 Flood Control Zone District To fund Marine Resources Committee Grant 29,020 58,191 29,171 Total Flood Control Zone District 29,020 58,191 (29,171) WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcounty. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Frank M. Abart, Public Works Director FROM: Jon Hutchings, Assistant Directory G ' Scarlet Tang, Natural Resources Senior Planner cc: Brad Bennett, Manager, AS -Finance Peggy Leviton, Accounting Supervisor, Public Works -Administration DATE: June 19, 2009 RE: 2009 Budget Supplemental —Marine Resources Committee (July 2009 through December 2009) Please Find enclosed a supplemental budget request from Public Works —Natural Resources. This request is for budget authority of new Marine Resources Committee (MRC) grant funds to be utilized in the next grant cycle beginning July 1, 2009, through this calendar year ending December 31, 2009. This request will fund several priority MRC projects covering water quality, clam enhancement, nearshore habitat assessment and restoration, rockfish habitat assessments, and community outreach. Water quality projects were in the top 25% of County Water Resources Integration Project (CWRIP) ranked projects, and assessment and outreach projects are in the top 65%. Nearshore habitat projects that will be implemented through this request are the top ranking nearshore projects under both the MRC and CWRIP lists of priorities. Please contact Scarlet at extension 50638 if you have any questions regarding this request. Thank you. Enclosure 169 Supplemental Budget Request Status: Pending Public Works I Natural Resources p/rl lD # 852 Fund 169 Cost Center 809001 Originator. Remy Stratton ,......_..._......__......... -- _ _ ...... __.. Expenditure Type: One -Time Year 1 r .. _ 2009 Add'I FTE El Add'I Space El Priority Name of Request 809001-Marine Resources Committee (July -Dec 09) _.. _......... a 5 ....... _ _. _._ _ __ ./ ..._.._ Department Head g ature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 2910.1000 Fund Balance $29,171 4333.1140 DOE-MRC Action Grant ($58,191) 6120 Extra Help $500 6290 Applied Benefits $55 6320 Office & Op Supplies $700 6330 Printing $300 6630 Professional Services $19,940 6780 Travel-Educ/Training $400 6870 Space Rental $475 7140 Meeting Refreshments $150 7210 Intergov Prof Svcs $6,500 Request Total $0 1a. Description of request: In 2009, Whatcom County received a new grant for continued support of Marine Resources Committee (MRC) activities for the period of July 2009 through June 2011. The 2009 budget did not include these revenues. Therefore, projects in this request were not included in the 2009 budget. 1b. Primary customers: Advisory committees: Whatcom County MRC and Northwest Straits Commission. Commercial and sports fishermen, boaters, shellfish harvesters, scientists, builders, industry, and recreational users. Whatcom County departments: Planning and Development Services, Health, WSU Extension, Public Works, Executive's Office, Parks and Recreation, and the County Council. 2. Problem to be solved: In 1998, Congress established the Northwest Straits Marine Conservation Initiative in response to declines in marine life, habitat, and water quality. This initiative led to the establishment of the Northwest Straits Commission and seven MRCs, including the Whatcom County MRC. In 2009, the Whatcom County MRC will continue to focus on clam enhancement, nearshore habitat, rockfish habitat, and community outreach projects. 3a. Options /Advantages: Since 1999, Public Works has provided technical and administrative support for the Marine Resources Committee. This supplemental budget request will continue to provide dedicated resources to an established program. To date, these efforts have resulted in a greater community awareness of marine Friday, June 26, 2009 Rpt: Rpt Suppl Regular 170 Supplemental Budget Request status: Pending Public Works Natural Resources S pp7lD 852 Fund 169 Cost Center 809001 Originator. Remy Stratton _............_.....__ ................: ...... .......... ......... ......... ....... _........ ... ...... ._ ... ..._ ......... ...... ............ ........ ......... ............. .............. ................... . issues, softshore techniques being used for beach restoration, enhanced nearshore assessments, water quality monitoring and biological assessments, and many other projects. Department heads from Planning and Development Services and the Health Department have supported and recommended that these services be provided by Public Works. 3b. Cost savings: Declining marine habitats and water quality reduce fish and shellfish populations available to tribal, commercial, and recreational fishermen. In addition, healthy marine resources are vital to recreational use within the community. Depolying these grant funds through the Whatcom County MRC is part of a regional effort to protect and restore marine resources. The program receives federal funding on an annual basis. 4a. Outcomes: Clam Enhancement: Water quality monitoring in 3 key shellfish areas, biological surveys in 4-5 locations, and community outreach connecting water quality and the health of shellfish beds. Nearshore Habitat: Biological monitoring and implementation of nearshore habitat projects identified in SMP Restoration Plan. Rockfish Habitat: Surveys of critical rockfish habitat. Community Outreach: Public speakers and other outreach events and materials. 4b. Measures: Increased involvement and awareness of marine issues by community members, specifically the number of volunteers participating in marine surveys, water quality monitoring, and outreach projects. Identification of critical rockfish habitat in Whatcom County. This information will be provided to the co - managers for consideration in the development of management plans for these sensitive species. Implementation of priority nearshore assessment, enhancement, and protection projects. 5a. Other Departments/Agencies: This program will influence activities of the County's Health and Planning & Development Services departments. The Marine Resources Committee coordinates with these departments as needed to integrate programs. State agencies such as Departments of Health, Ecology, Fish & Wildlife, and Natural Resources will be requested to participate in applicable projects. Examples include state-owned aquatic lands, fish and shellfish data, and assessment of water quality data utilized for shellfish area classifications. The Port and Cities will be sought as project partners for proposed projects in their jurisdictions. 5b. Name the person in charge of implementation and what they are responsible for: Public Works Natural Resources staff— admin, technical, and project management support for MRC. 6. Funding Source: Funding is through the grant agreement between Whatcom County and Washington State Department of Ecology for the Marine Resources Committee (Internal reference: Parent cost center 169119, sub/project 809001). ...t�., .-<.,,.. .1 ._�,'.. ,' e.. .r-.•I`:a`,<„ ,y,' 6C.'..: 5'=':. ..z': 4: ..... .. .�..v...:.'., .... _� .+Y.X. .. ,.a.. .....: .th :. i3.'n,� �r.: t,+ir"25 S. .. ...._ _ „ a.�.x, . ., .... _>. .. ... .t...: ,,1?'. Friday, June 26, 2009 Rpt: Rpt Suppl Regular 171 AB2009-320 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: C. Anderson Originator: _ I(u C LE C� ��) 717109 Introduction K. Christensen 7121109 Natural Division Head: 'Z `L J U N Z 9 2009 Resources F. Abort .�/ p 7121109 Council Dept. Head. 11flHhAT{�� O m � COUNTY D. Gibson 6j Prosecutor: 0�� v �,ip ICU a V 5 l_g U ,"p( T �- B. Bennett Purchasin / d et P. Kremen Executive: TITLE OF DOCUMENT: An Interim Ordinance to Prohibit the Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run-off to the County's Municipal Separate Storm Sewer System (MS4) ATTACHMENTS: 1. Memorandum 2. Ordinance 3. ExhibitA SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X .) Yes ( ) NO Requested Date: 7121109 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed interim ordinance establishes an Illicit Discharge, Detection, and Elimination program for Whatcom County. This proposed interim ordinance is to comply with Section S5.C3 of Western Washington Phase HMunicipal Stormwater Permit which was issued to Whatcom County on January 17, 2007, in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RC99 and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.). COMMITTEE ACTION: COUNCIL ACTION. 7/07/2009: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. 172 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM STORMWATER 2011 Young Street, Suite 201 Bellingham, WA 98225 Phone # (360) 715-7450 Fax # (360) 715-7451 www.co.whatcom.wa. us TO: The Honorable Pete Kremen, Whatcom County Executive, and Honorable Members of the Whatcom County Council FROM: Jon Hutchings, Ph.D., Assistant DirectorV1 G,27--19 Kirk N. Christensen, P.E., Stormwater Manager THROUGH: Frank M. Abart, Public Works Director lol of RE: Interim Ordinance to Prohibit the Illegal and Illicit Discharge of Hazardous Materials and Non-Stormwater Run -Off to the County's Municipal Separate Storm Sewer System (MS4) DATE: June 19, 2009 Enclosed for your review and approval is an interim ordinance to prohibit the illegal and illicit discharge of hazardous materials and non-stormwater run-off to the County's Municipal Separate Storm Sewer System (MS4). ■ Background and Purpose The Western Washington Phase II Municipal Stormwater Permit, Section S5.C3, requireapermittees have an illicit discharge ordinance or other enforceable mechanism in place by August 16, 2009. Due to the high volume of Growth Management Act (GMA) related items scheduled before the Planning Commission, formal adoption of a permanent ordinance is not possible before the August 16 deadline. The proposed interim ordinance establishes an Illicit Discharge, Detection, and Elimination program for Whatcom County and will enable County compliance with the prescribed timeline. This proposed interim ordinance complies with Section S5.C3 of Western Washington Phase II Municipal Stormwater Permit which was issued to Whatcom County on January 17, 2007, in accordance with the State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (The Clean Water Act - Title 33 United States Code, Section 1251 et seq.). Please contact Chip Anderson at extension 50694 if you have any questions regarding this interim ordinance. Enclosure 173 SPONSORED BY: PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: JULY 7, 2009 ORDINANCE NO. 2009-xxx INTERIM ORDINANCE PROHIBITING THE ILLEGAL AND ILLICIT DISCHARGE OF HAZARDOUS MATERIALS AND NON-STORMWATER RUN-OFF TO THE COUNTY'S MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) WHEREAS, in compliance with The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.), discharging certain materials to Municipal Separate Storm Sewer Systems is prohibited; and WHEREAS, the Washington State Department of Ecology issued the Western Washington Phase II Municipal Stormwater Permit on January 17, 2007, and Whatcom County was granted coverage; and WHEREAS, Section S.5.C.3 of the Washington Phase II Municipal Stormwater Permit requires all permittees to adopt appropriate ordinances and policies prohibiting illicit discharges and illegal dumping, and establishing enforcement mechanisms for those policies; and WHEREAS, the ordinance as proposed is in the best interest of public health and welfare; and WHEREAS, the Whatcom County SEPA official issued a Determination of Non -Significance on June 16, 2009, and a Public Hearing is scheduled for July 21, 2009; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits the adoption of interim official controls so long as a public hearing is held within 60 days of adoption; and WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify such Council action on an interim basis; therefore, the Council makes the following findings of fact: On January 17, 2007, Whatcom County was issued National Pollutant Discharge Elimination System Phase 2 Stormwater Permit which requires the County to adopt an Illicit Discharge Detection and Elimination Ordinance by August 16, 2009. 2. The interim ordinance allows the County to comply with mandated deadlines and provides additional time for formal review and processing of a permanent ordinance. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an Interim Ordinance to Prohibit Illicit Discharges to Municipal Separate Storm Sewer System is adopted as set forth in exhibit A; and, BE IT FURTHER ORDAINED, by the Whatcom County Council, pursuant to RCW 36.70.795, that this ordinance shall be effective until whichever of the following events occurs first: a) a replacement ordinance is adopted or b) the expiration of six months following the effective date of this interim ordinance, which 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. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk PROVED AS TO FORM: Daniel L. Gibson Assistant Chief Civil Deputy Prosecutor 2009. WHATCOM COUNTY COUNCIL, WHATCOM COUNTY, WASHINGTON Seth Fleetwood, Chair of the Council ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 174 Exhibit A I. Purpose and Intent A. The purpose of this ordinance is to comply with provisions of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.) Discharging certain substances to the County Municipal Separate Storm Sewage System is prohibited. It is unlawful for any person to discharge or cause to be discharged any storm water, surface water, roof runoff, subsurface drainage, cooling water, polluted or unpolluted industrial process waters, or waters or wastes of a type or quality which the County's Municipal Separate Storm Sewage System (MS4) has not been designed to receive, treat, or dispose. B. By prohibiting illicit discharges to the County's stormwater collection system, this ordinance seeks to: 1. Protect the vital drinking water, sensitive habitats, and recreational resources within Whatcom County. 2. Minimize unnecessary maintenance of public facilities, and costs associated with environmental degradation. 3. Prevent adverse, cumulative and avoidable environmental impacts. 4. Coordinate Whatcom County's Illicit Discharge Detection and Elimination activities and programs with those of other jurisdictions. II. Definitions A. Clean Water Act — The Federal Water Pollution Control Act (33 United States Code, Section 1251 et seq.) and any subsequent amendments thereto. B. Ground Water — Water in a saturated zone or stratum beneath the surface of the land or below a surface water body. C. Hazardous Materials — Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property or the environment when improperly treated, stored, transported, disposed of, or otherwise managed, D. Hyperchlorinated — water that contains more than 10 mg/I or parts per million (ppm) of chlorine. E. Illicit Connection — Any man-made conveyance that is connected to a Municipal Separate Storm Sewer System without a permit, excluding roof drains and other similar type connections. Examples include: sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, or outlets that are connected directly to the Municipal Separate Storm System. F. Illicit Discharge — Any direct or indirect non-stormwater discharge to the County's Municipal Separate Storm Sewage System, except as expressly exempted by this chapter. G. Illicit Discharge Detection and Elimination (IDD&E) Program — A program of investigation, education, and enforcement to eliminate illicit connections and discharges. H. Municipal Separate Storm Sewer System (MS4) — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs gutters, ditches, man-made channels, or storm drains). I. National Pollution Discharge Elimination System (NPDES) Stormwater Discharge Permit — A permit issued by the Department of Ecology under the authority delegated pursuant to the Clean Water Act. Page 1 of 5 175 Exhibit A J. Non-stormwater Discharge — Any discharge to the MS4 that is not composed entirely of stormwater. K. Pollutant — Anything which causes or contributes to pollution, and noxious or offensive matter of any kind. L. Stormwater — Runoff during and following precipitation and snowmelt events, including surface runoff and drainage. III. Administrative Provisions A. The administrative portions of this ordinance shall be overseen by the Director of Public Works or his/her designee. The enforcement provisions of this ordinance shall be overseen by the Director of Planning and Development Services pursuant to Whatcom County Code 2.32.030, the Director of the Department of Health pursuant to W hatcom County Code, Title 24 (Health Code), and the County Sheriff, or their respective designees. B. This ordinance is adopted under the authority of The State of Washington Water Pollution Control Law (Chapter 90.48 RCW) and the Federal Water Pollution Control Act (also known as The Clean Water Act, Title 33 United States Code, Section 1251 et seq.). C. Prohibited Discharges. No person or entity or others under their control shall throw, drain, or otherwise discharge, to the County's MS4 and/or surface and ground waters any materials other than stormwater. The following list is not meant to be entirely inclusive, but to provide a list of examples: 1. Trash or debris; 2. Construction materials; 3. Petroleum products including but not limited to oil, gasoline, grease, fuel oil, and heating oil; 4. Anti -freeze and other automotive products; 5. Metals in either particulate or dissolved form; 6. Flammable or explosive materials; 7. Radioactive material; 8. Batteries; 9. Acids, alkalis, or bases; 10. Paints, stains, resins, lacquers, or varnishes; 11. Degreasers and/or solvents; 12. Drain cleaners; 13. Pesticides, herbicides, or fertilizers; 14. Steam cleaning wastes; 15. Soaps, detergents, or ammonia; 16. Swimming pool or spa filter backwash; 17. Chlorine, bromine, or other disinfectants; 18. Heated water; 19. Domestic animal wastes; 20. Sewage; 21. Recreational vehicle waste; Page 2 of 5 176 Exhibit A 22. Animal carcasses; 23. Food wastes; 24. Bark and other fibrous materials; 25. Lawn clippings, leaves, or branches; 26. Silt, sediment, concrete, cement or gravel; 27. Dyes; 28. Chemicals not normally found in uncontaminated water; 29. Any other process -associated discharge except as otherwise allowed described under conditional discharges; 30. Any other hazardous material. D. Conditional discharges. The following types of discharges shall not be considered illegal discharges if they meet the stated conditions, or unless the Director of Public Works or his/her designee determines that the type of discharge, whether singly or in combination with others, is causing, or is likely to cause pollution of surface water or groundwater. 1. Discharges from potable water sources, including water line flushing, hyper -chlorinated water line flushing, fire hydrant system flushing, and pipeline hydrostatic test water. Planned discharges shall be de -chlorinated to a concentration of 0.1 part per million (ppm) or less, pH - adjusted if necessary, and volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. 2. Discharges from lawn watering and other irrigation runoff. These shall be minimized through, at a minimum, public education activities and water conservation efforts. 3. De -chlorinated swimming pool and spa discharges. The discharges shall be de -chlorinated to a concentration of 0.1 ppm or less, pH -adjusted and re -oxygenated if necessary, volumetrically and velocity controlled to prevent re -suspension of sediments in the MS4. Swimming pool cleaning wastewater and filter backwash shall not be discharged to the MS4. 4. Street and sidewalk wash water, water used to control dust, and routine external building wash down that does not use detergents. The County will reduce these discharges through, at a minimum, public education activities (see Section S5.C.1. of The Western Washington Phase II Municipal Stormwater Permit) and/or water conservation efforts. To avoid washing pollutants into the MS4, contractors must minimize the amount of street wash and dust control water used. At active construction sites, street sweeping must be performed prior to washing the street. 5. Other non-stormwater discharges. The discharges shall be in compliance with the requirements of the stormwater pollution prevention plan reviewed by the County, which addresses control of construction site de -watering discharges. E. Permissible discharges: 1. Diverted stream flows; 2. Rising ground waters; 3. Uncontaminated ground water infiltration (as defined at 40 Code of Federal Regulations 35.2005(20)); 4. Uncontaminated pumped ground water; 5. Foundation drains; 6. Air conditioning condensation; 7. Irrigation water from agricultural sources that is commingled with urban stormwater; Page 3of5 177 Exhibit A 8. Springs; 9. Water from crawl space pumps; 10. Footing drains; 11. Flows from riparian habitats and wetlands; 12. Non-stormwater discharges covered by another NPDES permit; 13. Discharges from emergency fire fighting activities in accordance with Authorized Discharges (Section S2 of The Western Washington Phase II Municipal Stormwater Permit); F. Prohibition of Illicit Connections 1. Prohibited Connections. The ordinance will prohibit any connection to the County's MS4 that allows prohibited or conditional discharges listed above. This prohibition includes but is not limited to the following activities: a. The construction, use, maintenance, or continued existence of illicit connections to the County's MS4. b. This prohibition expressly includes, without limitation, illicit connections made in the past, regardless of whether the connection was permissible under law or practices applicable or prevailing at the time of connection. c. A person or entity is considered to be in violation of this ordinance if the person connects a line conveying sewage to the MS4, or allows such a connection to continue. 2. Any person or entity that is not responsive to compliance actions of this ordinance shall be held monetarily responsible for any abatement costs incurred by the County in correcting the violation. IV. Enforcement and Penalties. A. Violations of this ordinance shall, except as provided in paragraph B. below, constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. Employees of the Whatcom County department of planning and development services, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW. B. After having been found to have committed two successive infractions for violations of the same provision of this ordinance on the same property, any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be subject to criminal penalties including a fine of not more than $500.00, together with costs of action, and imprisonment in the county jail for a period of not more than six months. C. In addition to the civil and criminal remedies provided for above, the County or the owner or owners of land affected by violations of the provisions of this title may bring such injunctive, declaratory or other actions as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. D. Appeals. Appeals may be taken and shall be heard as provided in RCW 7.80.100. Page 4 of 5 178 Exhibit A V. Applicability and severability. This ordinance shall be consistently applied to any geographical areas of the designated NPDES Phase II Permit Areas of Whatcom County. Should any section or provision of this ordinance be declared invalid, such decision shall not affect the validity of this ordinance as a whole. Page 5 of 5 179