HomeMy WebLinkAboutPacket Jul 13 2010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 240
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
6/1/2010
6/8/2010
Natural Resources
Division Head:
6/22/2010
Nat. Resources
Dept. Head.-
7/13/2010
Nat. Resources
Prosecutor:
Purchasin Bud et:
Executive:
TITLE OF DOCUMENT. -
Discussion re: WCC 20.38, Agriculture Protection Overlay
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Discussion re: WCC 20.38, Agriculture Protection Overlay
COMMITTEEACTION.
COUNCIL ACTION.
6/08/2010: Held in Committee
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.whatconLwa.uslcouncil.
Whatcom County Code
20.38.030
20.37.652 Landscaping.
Refer to. WCC 20.80.300 for landscaping
requirements. (Ord. 2003-048 Exh. A, 2003; Ord.
2002-018 § 1, 2002. Formerly 20.37.653).
20.37.653 Parking requirements.
Parking shall conform to the requirements of
WCC 20.80.500. (Ord. 2003-048 Exh. A, 2003;
Ord. 2002-018 § 1, 2002. Formerly 20.37.654).
20.37.654 Livestock regulations.
The keeping of livestock shall be administered
pursuant to WCC 20.80.800. (Ord. 2003-048 Exh.
A, 2003; Ord. 2002-018 § 1, 2002. Formerly
20.37.655).
20.37.655 Drainage.
All development activity within Whatcom
County shall be subject to the stormwater manage-
ment provisions of the Whatcom County Develop-
ment Standards unless specifically exempted. No
project permit shall be issued prior to meeting the
stormwater requirements of this title and Chapter 2
of the Whatcom County Development Standards.
(Ord. 2003-048 Exh. A, 2003; Ord. 2002-018 § 1,
2002. Formerly 20.37.656).
Chapter 20.38
AGRICULTURE PROTECTION OVERLAY
Sections:
20.38.010 Purpose.
20.38.020 Permitted uses.
20.38.030 Density.
20.38.040 Definitions.
20.38.050 Applicability.
20.38.060 Development and use standards
checklist.
20.38.080 Repealed.
20.38.010 Purpose.
The purpose of this chapter is to maintain and
enhance commercial agricultural activity and fur-
ther protect open space resources within Whatcom
County; further the county's efforts in meeting
long-term agricultural needs; provide a reasonable
mix of uses and activities which may enhance the
economic resources available to the farmer; and
provide for a variety of uses within the rural areas
which are not inconsistent with or incompatible
with the use of lands within the area for agricultural
activities. This chapter is not intended to interfere
with the use of other resources. (Ord. 2002-060
§ 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 98-083
Exh. A § 45, 1998).
20.38.020 Permitted uses.
(1) All uses permitted in the Agriculture zone,
Chapter 20.40 WCC.
(2) All other uses permitted directly or by
administrative or conditional uses in Chapter 20.36
WCC but only on lands and under the conditions
provided below.
(3) One one-story detached accessory storage
building per lot; provided, that the floor area shall
not exceed 200 square feet and shall only be used
for personal storage and not for habitation or busi-
ness; and provided further, that the storage build-
ing shall contain no indoor plumbing but may be
served with electrical power for lighting. (Ord.
2005-079 § 1, 2005; Ord. 2002-060 § 1, 2002; Ord.
2001-016 § 1, 2001; Ord. 98-083 Exh. A § 45,
1998. Formerly 20.38.030).
20.38.030 Density.
Maximum density shall be the same as in the
underlying R-5A or R-10A zone district (Chapter
20.36 WCC). (Ord. 2002-060 § 1, 2002; Ord.
2001-016 § 1, 2001; Ord. 98-083 Exh. A § 45,
1998. Formerly 20.38.040).
20-55 (Revised 3/10)
2
20.38.040
20.38.04.0 Definitions.
For the purposes of the Agriculture Protection
Overlay zone:
(1) A "parcel" is defined as a legal lot of record
(WCC 20.83.060) or, if consolidation has taken
place pursuant to WCC 20.83.070, the entire area
of the consolidated lots. Parcel acreage shall
include the area of adjoining road rights -of -way,
unless it can be demonstrated by the applicant that
agricultural practices have not been conducted on a
given parcel since January 1, 1975, in which case
the parcel size shall be calculated without includ-
ing the adjoining road rights -of -way. For proper-
ties within the jurisdiction of the Shoreline
Management Program, submerged lands and/or
tidelands within the boundaries of any waterfront
parcel that are located waterward of the ordinary
high water mark shall not be used in calculating the
parcel size. If a parcel is bisected by a public right-
of-way, or a river, a pond, or a lake as defined in
the critical areas ordinance, and the resultant area
is less than 20 acres, the provisions of this chapter
do not apply to that portion.
(2) Agriculture protection overlay soils are
those soils determined by Whatcom County, in
consultation with the Natural Resource Conserva-
tion Service and local farmers, as being the best
soils for farming. Each soil type named in the list
below also has a number. This number is used in
the "Soil Survey of Whatcom County Area, May
1992," to identify the mapping unit (soil type) in all
text, maps and tables contained in the soil survey.
Agriculture Protection Overlay Soils
No. Name
12 Birchbay Silt Loam — 0 to 3% slopes
13 Birchbay Silt Loam — 3 to 8% slopes
22 Briscot Silt Loam -Drained — 0 to 2% slopes
31 Clipper Silt Loam -Drained — 0 to 2% slopes
45 Edmonds-Woodlyn Loams-Drained — 0 to
2% slopes
53 Everson Silt Loam -Drained — 0 to 2% slopes
54 Fishtrap Muck -Drained — 0 to 2% slopes
62 Hale Silt Loam -Drained — 0 to 2% slopes
79 Kickerville Silt Loam — 0 to 3% slopes
80 Kickerville Silt Loam — 3 to 8% slopes
95 Larush Silt Loam — 0 to 3% slopes
96 Laxton Loam — 0 to 3% slopes
97 Laxton Loam — 3 to 8% slopes
99 Lynden Sandy Loam — 0 to 3% slopes
100 Lynden Sandy Loam — 3 to 7% slopes
107 Mt. Vernon Fine Sandy Loam — 0 to 2%
slopes
115 Oridia Silt Loam -Drained — 0 to 2% slopes
116 Pangborn Muck -Drained — 0 to 2% slopes
123 Puget Silt Loam -Drained — 0 to 2% slopes
124 Puyallup Fine Sandy Loam — 0 to 2% slopes
139 Sehome Loam — 2 to 8% slopes
143 Shalcar Muck -Drained — 0 to 2% slopes
148 Skipopa Silt Loam — 0 to 8% slopes
151 Snohomish Silt Loam -Drained — 0 to 2%
slopes
162 Sumas Silt Loam -Drained — 0 to 2% slopes
165 Tromp Loam — 0 to 2% slopes
178 Whatcom Silt Loam — 0 to 3% slopes
179 Whatcom Silt Loam — 3 to 8% slopes
184 Whitehorn Silt Loam — 0 to 2% slopes
186 Winston Silt Loam — 0 to 3% slopes
191 Yelm Loam — 3 to 8% slopes
(Ord. 2010-012 Exh. A, 2010; Ord. 2009-066 Exh.
A, 2009; Ord. 2002-060 § 1, 2002; Ord. 2001-016
§ 1, 2001; Ord. 2000-013 § 1, 2000; Ord. 99-092,
1999; Ord. 98-083 Exh. A § 45, 1998. Formerly
20.38.050).
20.38.050 Applicability.
The provisions in this section apply to all rural
lands designated R-5A or R-10A on the official
zoning map, (a) outside designated urban growth
area boundaries, and (b) held in parcels of 20 acres
or larger. The following parcels are exempt from
the cluster subdivision requirements:
(1) Divisions of land into parcels of 40 acres or
larger.
(2) A parcel satisfying both of the following
criteria:
(a) The parcel includes less than 50 percent
agriculture protection overlay soils (detailed site -
specific soil mapping provided by a certified pro-
fessional soil scientist may be substituted for the
USDA Soil Survey of Whatcom County mapping,
if it can be shown to be more accurate); and
(b) Less than 50 percent of the parcel has
been designated as agricultural open space for
county property tax purposes within the past seven
years.
(3) A parcel with land designated agriculture or
forest in the Comprehensive Plan located on less
than 25 percent of the parcel perimeter, and sur-
rounded on 75 percent or more of the parcel perim-
eter by any of the following:
(a) More intensive zoning districts, includ-
ing residential, commercial, light industrial, and
heavy industrial districts; or
(b) Existing development patterns with res-
idential densities greater than one unit per two
acres; or
(Revised 3/10) 20-56
3
Whatcom County Code
20.38.080
(c) More intensive uses such as, but not lim-
ited to, schools, churches, rest homes and other
commercial uses.
(4) A parcel occupied by a use legally estab-
lished prior to May 20, 1997, where the use affects
50 percent or more of the area of the parcel in a
manner that effectively prevents that 50 percent or
more from being used for agricultural purposes
both for now and in the foreseeable future. For the
purposes of this section, the presence of forestlands
and woodlands shall not be construed as a use or
condition preventing future use of property for
agricultural purposes. Uses that effectively prevent
future agricultural use include but are not limited to
those where costs to renovate the site to achieve its
former agricultural capabilities exceed the value of
the land for agricultural use. (Ord. 2010-012 Exh.
A, 2010; Ord. 2009-066 Exh. A, 2009; Ord. 2002-
060 § 1, 2002; Ord. 2001-016 § 1, 2001; Ord. 98-
083 Exh. A § 45, 1998. Formerly 20.38.020).
20.38.060 Development and use standards
checklist.
Subdivisions or segregations for nonagricultural
uses shall be clustered. Development on all parcels
subject to this section shall follow the requirements
below:
(1) The clustered residential lot(s) shall not
exceed 25 percent of the gross acreage of the orig-
inal parent parcel, regardless of the number of sep-
arate subdivision events; and
(2) Shall not interfere with the resource produc-
tivity and agricultural use of the agricultural
reserve tract; and
(3) If the parent parcel contains an area that is
nonagricultural or lower class soils, and if this area
is large enough to contain or partially contain the
clustered residential lots then the clustered residen-
tial lots shall be located on this lower class soil
unless restricted by physical constraints or unless
the placement of said lots would be contrary to sub-
section (2) of this section; and
(4) Minimum lot size shall comply with WCC
20.36.253, unless a larger lot is required as deter-
mined by the requirements of the Bellingham-
Whatcom County Sanitary Code for on -site septic
disposal; provided, however, separate drainfield
tracts and common drainfields shall be allowed
consistent with the sanitary code. Drainfields serv-
ing the cluster development may be located within
the required building setback, but not within the
reserve tract; and
(5) In order to preserve rural character, no more
than 16 residential lots shall be permitted in one
cluster and there shall be at least 500 feet of sepa-
ration between any new clusters; and
(6) All wells for potable water within the clus-
ter subdivision shall be kept a minimum of 100 feet
from the property line of an existing farm or any
parcel or portion thereof which is designated as the
agricultural reserve tract; and
(7) Any structure within the cluster subdivision
which will be used for human habitation shall be
set back a minimum of 100 feet from the property
line of any parcel or portion thereof which is desig-
nated or used for agricultural purposes. No struc-
tures shall be constructed within 30 feet of exterior,
side and rear property lines, and no structure shall
be constructed within 30 feet of an agricultural use;
and
(8) The 25 percent of a parcel available for
development may be contiguous or in separate
clusters so long as the requirements of this section
are met; and
(9) At the time of the initial development of a
parcel under this section the entire parcel shall be
included within the plat or tract map recorded,
including the clustered residential parcel or par-
cels, and the reserve tract. Modifications to the plat
or tract map shall be made in accordance with state
law and county codes and ordinances, and shall be
permitted, so long as the provisions of this section
are met as applied to the original parcel; and
(10) A statement that the property is subject to
the agriculture protection overlay (Chapter 20.38
WCC) shall be recorded on the face of the tract
map, or short plat; and
(11) For purpose of determining additional
development density should a rezone take place,
the original (pre -subdivided) parent parcel acreage
must be included in the total acreage calculation
and the original development density shall be sub-
tracted from the increased total development den-
sity assigned to the original parent parcel, to obtain
remaining density. (Ord. 2002-060 § 1, 2002; Ord.
2001-016 § 1, 2001; Ord. 98-083 Exh. A § 45,
1998).
20.38.080 Administrative modification.
Repealed by Ord. 2001-016. (Ord. 98-083 Exh.
A § 45, 1998).
20-57 (Revised 3/10)
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In
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
AB2010-265
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
E C D
J U L 0 6 2010
WHATCOM COUNTY
COUNCIL
7/13/2010
Finance
Division Head:
Dept. Head:
Prosecutor:
Purchasing/Budget:
,{3
ro/2 f/f D
Executive: A4
17-6-0
TITLE OFDOCUMENT. Inter -local Agreement for the Operation of the Gymnasium and Playground at Bay
Horizon Park
ATTACHMENTS: Inter -local Agreement
SEPA review required? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes (X) NO
Requested Date:
SUMMA R 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.)
Request authorization for the County Executive to enter into an inter -local agreement with the Northwest Park
& Recreation District #2 for the operation of the gymnasium and playground at Bay Horizon Park.
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
PARKS & RECREATION DEPT.
3373 Mount Baker Highway
Bellingham WA 98226
,CGOM C�
V<
4SH1NG
MEMORANDUM
TO: Pete Kremen, County Executive
FROM: Michael McFarlane, Director
Michael McFarlane
Director
RECEIVED
JUN 21 2010
PETE KREMEN
COUNTY EXECUTIVE
RE: Inter -local Agreement for Operation of the Gymnasium and Playground at
Bay Horizon Park
DATE: June 16th, 2010
Enclosed are two (2) originals of the Inter -local Agreement for the Operation of the
Gymnasium and Playground at Bay Horizon Park between Whatcom County and the
Northwest Park & Recreation District #2 for your review and signature.
■ Background and Purpose
The Northwest Park & Recreation district has requested use of the gymnasium at Bay
Horizon Park to conduct public recreational programs for area residents. The District will
make necessary improvements to the gymnasium and has worked out a scheduling
agreement with the Camp Horizon Foundation to accommodate their summer camps. The
District is also cost sharing with the County on the development of the new playground. The
inter -local agreement identifies the terms and conditions for use of the facilities by the
District.
■ Funding Amount and Source
The Park & Recreation District will assume the costs for the improvements, operation and
programming for the gymnasium. The Camp Horizon Foundation was previously
responsible for the operation and maintenance of the gymnasium building.
■ Differences from Previous Contract
The Park & Recreation District is making improvements and assuming operations to better
serve the recreational needs of the community. The Camp Horizon Foundation is being
accommodated through a separate scheduling agreement executed by the District and
Foundation. The remainder of the Foundation's agreement with the County for use of the
site will remain in effect.
Please contact Michael McFarlane at extension 32072, if you have any questions or
concerns regarding the terms of this agreement,
Encl.
7
WHATCOM COUNTY.CONTRA CT
INFORMATION SHEET
Whatcozn County
Contract No.
aoI00603o
Originating Department:
Parks & Recreation
Contract Administrator:
Michael McFarlane
Contractor's /Agency Name:
Northwest Park & Recreation District #2
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 _ No X If yes, RFP and Bid number(s)
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
$ N/A
This Amendment Amount:
memo. Any amendment that provides 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 supporting memo. If less than these thresholds, just submit to Executive with
Total Amended Amount:
supporting memo for approval.
$
Scope of Services
Request authorization for the County Executive to enter into an
inter -local agreement with the Northwest Park & Recreation District
#2 for the operation of the gymnasium and playground at Bay
Horizon Park
Term of Contract:10 years
Expiration Date: July 13, 2020
& Signoff [sign or in
1. Prepared by: k4=,
Date [electronic]
2. Attorney revi we ed:
Date [electronic]
3. AS Finance reviewed:
Date [electronic]
4. IT reviewed if IT related
Date [electronic]
5. Corrections made:
_
Date [electronic] hard copy printed
6. Attorney signoff.• } ,�/
Date
7. Contractor signed',I
Date
8. Submitted to Exec Office
Date (,- 2 I - I o [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
this form may need to expand to more than
one page
n
COUNTY ORMINAL r"''^° W"'"' %""`AIV a
CONTRACT NO.
as /0 06030
INTERLOCAL AGREEMENT FOR OPERATION O
GYMNASIUM AND PLAYGROUND AT BAY HORIZON PARK
WHATCOM COUNTY, hereinafter referred to as "The County" and THE
NORTHWEST PARK & RECREATION DISTRICT #2, hereinafter referred to as "The District,"
whose mailing address is: P.O. Box 68 Blaine, Washington 98231, hereby enter into an agreement for the
operation and maintenance of the gymnasium and playground at Bay Horizon Park: 7506 Gemini Street,
Blaine, Washington 98230, for the sole purpose of providing park and recreation activities to the public.
IT IS MUTUALLY AGREED as follows:
A. COUNTY RESPONSIBILITIES
1. The County shall make available to the District the use of the gymnasium and
playground at Bay Horizon Park at no cost under such conditions as are
hereinafter set forth.
2. The County shall work with the Lions Foundation in amending the current
Lease Agreement between the County and the Lions Foundation.
3. The County shall allow the District to schedule and collect reasonable fees and
charges for use of the gymnasium by organized groups and the general public.
B. DISTRICT RESPONSIBILITIES
1. The District shall pay for all costs including utilities, labor, maintenance, repair
and improvement for the gymnasium and the playground. All improvements to
either facility must be approved in advance by the County Parks & Recreation
Director. Details regarding the installation of the playground are described in
section "C".
2. The District shall work with the Lions Foundation in developing and executing
a scheduling agreement for the gymnasium.
3. Assume responsibility and liability for the gymnasium and playground.
4. The District shall make regular safety inspections of the playground and
maintain it to the current Consumer Product Safety Commission (CPSC) and
applicable ASTM playground voluntary guidelines at the time of each
9
inspection. The District shall notify the County if it is unable to make regular
safety inspections at which time the County will assume responsibility for the
inspections. Nothing in this agreement will prohibit the County from making
additional inspections and or repairs to the playground as needed.
5. Protect, defend, save and hold harmless Whatcom County, its authorized agents
and employees, from all claims, costs, damages or expenses of any nature
whatsoever arising out of or in connection with the operation of the gymnasium
and playground by the District. The District shall report any accidents or
injuries that occur to the Whatcom County Parks & Recreation Department
Office within 24 hours of notification.
6. Maintain comprehensive general liability insurance in the amount of
$2,000,000 for all district activities conducted on the premises. The District
will provide the County proof of insurance coverage during the duration of this
agreement.
7. Designate, and report to the County Parks & Recreation Director the name of
the individual(s) who shall act as a qualified coordinator of all District activities
at Bay Horizon Park. This individual shall be the person with whom the County
staff will work on day-to-day matters of operation and maintenance of the
gymnasium and playground.
8. Not interfere with normal, customary use of Bay Horizon Park by the visiting
public and lessees.
9_ The District will maintain the assigned facilities and grounds in a safe and
sanitary manner at all times and annually provide a report to the County on the
use and scheduled activities.
C. DEVELOPMENT OF PLAYGROUND
1. The District is contributing up to $35,000 and the County $65,000 to develop
a public playground at Bay Horizon Park in 2010. Both parties agree that all
of these funds will be used for the purpose of the playground project
10
including site development, playground equipment, and related amenities.
The completed project will meet all applicable CPSC, ASTM, and
accessibility standards and guidelines. Upon completion of the project the
County will complete a playground safety audit and invoice the District for its
share of the project cost. Appropriate signage will indicate that the project is
a partnership between the District and County.
2. The County will provide a Project Manager to coordinate the project,
including development of construction drawings, permitting, bidding and
construction inspection. The District and County shall both approve of the
final playground plan.
3. The County and District may solicit and provide volunteer labor for the
playground project to be utilized where practical and on a schedule
determined by the County Project Manager.
D. TERM
The term of this Agreement shall be for Ten (10) years, commencing , 2010.
r,
Provided, it may be amended or terminated at any time by mutual written agreement
of both parties, and may be terminated by either party upon 60 days written notice to
the other party.
E. RELATIONSIIIP OF THE PARTIES
The parties intend that an independent contractor / department relationship will be
created by this Agreement. No agent, employee, servant, or representative of the
District shall be deemed to be an employee, agent, servant or representative of the
Parks & Recreation Department or Whatcom County for any purpose. Employees of
the District are not entitled to any of the benefits that Whatcom County provides for
its employees. The District will be solely and entirely responsible for its acts and for
the acts of its agents, employees, servants, subcontractors or otherwise during the
performance of this Agreement. In the performance of the services herein
contemplated, the District is an independent contractor with the authority to control
11
and direct the performance of the details of the work. However, the results of the
work contemplated herein must meet the approval of the County and shall be
subject to the County's general rights, inspection and review to secure the
satisfactory completion thereof.
F. For the purposes of this agreement, the County designates the Parks & Recreation
Department as its agent to carry out the functions of this agreement. All
correspondence in inquiries should be addressed to:
Michael McFarlane, Director
Whatcom County Parks & Recreation Dept.
3373 Mt. Baker Highway
Bellingham WA 98226
G. NON -WAIVER OF BREACH
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 instance 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.
H. EXTENT OF AGREEMENT
The Agreement contains all the terms and conditions agreed upon by the parties. The
parties agree that there are no other understandings, oral or otherwise, regarding the
subject matter of this Agreement.
I. MODIFICATION
No change or addition to this Agreement shall be valid or binding upon either party
unless such change or addition be in writing executed by both parties.
J. VENUE STIPULATION
This Agreement has been and shall be construed as having been made and delivered
within the State of Washington and it is mutually understood and agreed by each party
12
hereto that this Agreement shall be governed by the laws of the State of Washington,
both as to interpretation and performance. Furthermore, any cause of action arising
out of this Agreement shall be filed in the Superior Court of Whatcom County.
K. SEVERABILITY
It is understood and agreed by the parties hereto that if any part of this Agreement is
determined'to be illegal, the validity of the remaining provisions shall not be affected
and the rights and obligations of the parties shall be construed as if the Agreement did
not contain the particular illegal part. If it should appear that any provision herein is in
conflict with any statutory provision of the State of Washington, said provision shall
be deemed inoperative and null and void insofar as it may be in conflict therewith,
and shall be modified to conform to such statutory provision.
Executed as of the date first written above
WHATCOM COUNTY
Pete Kremen, 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 County Executive of WHATCOM COUNTY, and who executed the above
instrument and who acknowledged to me the act of signing and sealing thereof.
Given under my hand and official seal this day of ,20
NOTARY PUBLIC in and for the State of Washington,
residing at Bellingham
My commission expires:
WHATCOM COUNTY P S & RECREATION
G.
APPROVED AS TO FORM:
Deputy Prosecuti ttomey
13
NORTHWEST PARK & RECREATION DISTRICT #2
Commissioner
Attest:
M.
14
WHATCOM COUNTY COUNCIL AGENDA BILL No. AB2010-266
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
G`28 /0
F�' E C IrE V E D
JUL 0 6 2010
7/13/10
Finance/Cncl
Division Head:
Dept. Head:
tOIR 0
o
Prosecutor:
W H ATC 0 M COUNTY
%NIP
Purchasing/Budget.•
COUNCIL
Executive;
/
TITLE OFDbCUMENT.
Construction Contract Award — Northwest Drive Culvert Replacement at Bear Creek
CRP No. 909010; Federal Aid No. ER-0902(356)
ATTACHMENTS:
1. Cover Memo
2. Resolution amending County Road Project (CRP) No. 909010 and awarding 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? ( )Fes (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 No. 909010 and authorizing additional funds for the award of a contract for Northwest Drive Culvert
Replacement at Bear Creek to Strider Construction Co., Inc. as low bidder in the amount of $307,680.00.
COMMITTEE ACTION.•
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note. Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's
website at: www.co.whatcom.wa.us/council.
15
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
JOSEPH P. RUTAN, P.E.
Assistant Director/County Engineer
322 N. Commercial St., Suite 301
Bellingham, WA 98225-4042
Phone: (360) 715-7450
Fax: (360) 715-7451
To: The Honorable Pete Kremen, Whatcom County Executive and
The Honorable Members of the Whatcom County Council
Through: Frank M. Abart, Director (-l�gblp
From: Joseph P. Rutan, P.E., Assistant Director/Co ngineer# -
Chris C. Brueske, P.E., Engineering Manage
Date: June 28, 2010
Re: Northwest Drive Culvert Replacement at Bear Creek
CRP No. 909010 - Federal Aid No. ER-0902 (356)
Construction Contract Award
Attached for your review and signature is the standard construction contract award package for
the Northwest Drive Culvert Replacement at Bear Creek 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, Strider Construction Co., Inc. in the
amount of $307,680.00 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, June 22, 2010. The
project is listed as Item No. 19 on the 2010 Annual Construction Program that was adopted
by the Council on November 10, 2009. This project involves replacement of a culvert
damaged during the January 2009 floods with a structure that meets current fish passage
standards.
Funding Amount and Source
This project is funded at 86.5% by Federal funds coming from the FHWA Emergency
Relief Program. The balance of the cost is funded with local funds coming from the Road
Fund.
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. 3.08.230, I concur with this recommendation:
Chris Mohnkern, Purchasing Coordinator Date
16
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PROPOSED BY: PUBLIC WORKS DEPARTMENT
SPONSORED BY:
INTRODUCED:
RESOLUTION NO.
AMENDING COUNTY ROAD PROJECT NO. 909010 AND AUTHORIZING ADDITIONAL FUNDS
FOR THE AWARD OF A CONTRACT FOR "NORTHWEST DRIVE CULVERT REPLACEMENT
AT BEAR CREEK."
WHEREAS, this project is included in the officially adopted 2010 Annual Construction Program as
Item No. 19;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council:
That CRP No. 909010 is formally amended to include the construction of Northwest
Drive Culvert Replacement at Bear Creek.
The Contract for this project is awarded to Strider Construction Co., Inc. in the amount
of their bid of $307,680.00
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 $ 45,000
Right -of -Way $ 14,825
Subtotal $ 59,825
Construction Contract $ 307,680
Construction Engineering / Testing / Contingency $ 70,000
Total 437,505
BE IT FURTHER RESOLVED that the construction is to be accomplished by Contract in
accordance with RCW 36.77.020 et. seq.
APPROVED this day of , 2010
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis Sam Crawford
Clerk of the Council Council Chair
Approved as to Form:
Daniel L. Gibson
Asst. Chief Civil Deputy Prosecutor
17
WHATCOM COUNTY �GpM co JOSEPH P. RUTAN, P.E.
PUBLIC WORKS DEPARTMENT P , . ,.. o Assistant Director/County Engineer
322 N. Commercial St., Suite 301
FRANK M. ABART
3 n ` Bellingham, WA 98225-4042
Director �q ',- 0 Phone: (360) 715-7450
SHiNo Fax: (360) 715-7451
Northwest Drive Culvert Replacement at Bear Creek
CRP No. 909010
APPROVAL FOR CONTRACT AWARD
Approval is hereby granted to award the Contract as follows:
Project: Northwest Drive Culvert Replacement at Bear Creek; CRP No. 909010
F.A. No. ER-0902(356)
To: Strider Construction, Inc.
In the amount of their bid proposal $307,680.00 including all taxes.
Whatcom County Executive
Approving Authority
Daniel L. Gibson
Asst. Chief Civil Deputy Prosecutor
Date
�V"'?1, a 0 / 0
ate
Whatcom County Public Works
2010 Annual Construction Program
Project Narrative
Northwest Drive / Bear Creek Culvert - CRP #909010
2010 Annual Construction Program
Construction Funding Yea.r(s): 2010
Project Narrative:
This project is located east of Ferndale in Section 2, T38N, R2E. A
storm in January of 2009 collapsed the existing 72" culvert. Temporary
repairs to the culvert and shoulders were accomplished by County
Forces. This is a federally funded culvert replacement project that
involves removal of the existing culvert and replacement with a
16'3" X 10"0" x 100' corrugated steel pipe arch that meets fish
passage requirements. This project is listed #28 on the 2010 — 2015
Six Year Transportation Improvement Program.
New Construction Features:
Total Width
34
Lane Width
12
Shoulder Width
5
Curb / Gutter
NA
Sidewalk
NA
Project Status:
Design & permitting completed. Funding has been obligated. Construction to occur in the
summer of 2010.
Project Funding: 2010 Total
Federal / State $365,618(FED ER) $365,618(FED ER)
Local $ 71,887 $ 71,887
Total $437,505 $437,505
Environmental Permitting (Agencies/Permits):
HPA, SEPA, BA, ECS
Right -of -Way Acquisition ($ Estimate):
$14,600
County Forces ($ Estimate):
$9,000 (Emergency Response)
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BAKERVIEW i n E. Q BAKERVIEW
I:\CRP CURRENT PROJECTS\Northwest Road Bear Creek Culvert Replacement\600 Conlractural\610 Award\Council Packet\Northwest Drive Bear Creek Narrative Revise19
ddocx
WHATCOM COUNTY
JOSEPH P. RUTAN, P.E.
PUBLIC WORKS DEPARTMENT
Assistant Director/County Engnineer
�GOM co
322 N. Commercial St., Suite 301
FRANK M. ABART
?P,„.` - 1 ;rG'Z
Bellingham, WA 98225-4042
Director
Phone: (360) 715-7450
:...
Fax: (360) 715-7451
191fING
Project Cost Breakdown
Northwest Drive Culvert Replacement
at Bear Creek
CRP No. 909010
Funding Source
Whatcom County
Federal Funds
TOTAL
Preliminary Engineering
$6,075
$38,925
$45,000
Right of Way
$14,825
$0
$14,825
Contract
$41,537
$266,143
$307,680
Construction
Engineering, Testing,
and Contingency
$9,450 $60,550 $70,000
Total $71,887 $365,618 $437,505
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' BID PROPOSAL
FOR
NORTHWEST DRIVE
CULVERT REPLACEMENT
CRP NO.909010
FEDERAL AID NO. ER-0902(356)
Date: June 15, 2010
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:
"Northwest Drive Culvert 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).
NORTHWEST DRNE CULVERT REPLACEMENT. CRY NO.909010
-9-
22
NORTHWEST DRIVE
CULVERT REPLACEMENT CRP 909010
Bid Proposal Form
Bidder: Strider Construction Co.,
Inc.
a.
S
1
LUMP
MOBILIZATION
L.S.
L.S.
SUM
HOUR
FLAGGERS AND SPOTTERS,
500
a�
2
�QJ
MIN. BID $33.93 PER HOUR
per HR
3
HOUR
OTHER TRAFFIC CONTROL LABOR,
50
Qr,, L'�
MIN. BID $33.93'PER HOUR
per HR
1y
4
LUMP
SPCC PLAN
L.S.
L.S.
�✓�'
SUM
5
$1
MINOR CHANGE
EST
F.A.
$ 20,000.00
6
LUMP
PROJECT TEMPORARY TRAFFIC
L.S.
L.S.
SUM
CONTROL
a, '^
7
SQUARE
CONSTRUCTION SIGNS CLASS A
252
d
FOOT
per S.F.
.
8
LUMP
TRAFFIC CONTROL SUPERVISOR
L.S.
L,S.
O�
�-
00d
-SUM
.
9
LUMP
CLEARING & GRUBBING
L.S.
L.S.
j
Coo.
SUM
to
10
$1
ROADSIDE CLEANUP.
EST
F.A.
$ 5,000.00
11
LUMP
ASBESTOS HANDLING AND REMOVAL
L.S.
L.S.
SUM
12
LUMP
REMOVAL OF STRUCTURES AND
L.S.
L.S.
tJl�
SUM
OBSTRUCTIONS
13
LUMP
UNCOVER, PREPARE, AND BACKFILL
L.S.
L.S.
`�o•��
��(j
SUM
EXISTING UTILITIES
`�
14
CUBIC
STRUCTURE EXCAVATION CLASS B
1,500
�,
j
Z�• �
YARD
INCL. HAUL
per C.Y.
15
LUMP
SHORING OR EXTRA EXCAVATION
L.S.
L.S.
SUM
CLASS B
16
TON
STREAMBED SEDIMENT
600
i
o
per TON
17
TON
STREAMBED COBBLES
400j-
z
2
per TON
- io - 23
NORTHWEST DRIVE
CULVERT REPLACEMENT CRP 909010
Bid Proposal Form
Bidder: Strider Construction Co.,
Inc.
fM
t 1�1�1T. ,:<.
4
i ?
vM DESCRIPTION ? ''"
P!FpftO)Cs:z
1NIT1'RICE `.;
.:,d XTENpEbPRICE
*
0.,
1HFJ�SU
;Ql..AN ITT('
h*�N FIGURES. .
. - .;
`.,' .s:,; vIN FIG.IIRES
18
TON
STREAMBED BOULDERS
100t
�,-�(�tplb
er TON
1.JlJv
19
TON
GRAVEL BASE
550
per TON
W ,
20
TON
CRUSHED SURFACING BASE COURSE
80
20,
i;D-
er TON
'
�i
21
TON
COMMERCIAL HMA
160
t—
per TON
OO•
22
CALC
ASPHALT COST PRICE. ADJUSTMENT
1
CALC
$ 1,000.00
23
LINEAR
SAW CUT EXISTING PAVEMENT
166
00�
0�
FEET
-er L.F.
1-1
24
$1
REMOVING AND RELAYING CULVERTS
EST
F.A.
$ 5,000.00
25
LUMP
16'-3"X10'10"X100' CORRUGATED STEEL
L.S.
L.S.
SLIM
MULTIPLATE PIPE ARCH
26
DAY
ESC LEAD
10
er DAYQ
27
SQUARE
SEEDING AND FERTILIZING
300
YARD
per S.Y.
28
$1
9ROSION/WATER POLLUTION CONTROL
EST
F.A.
$ 10,000.00
29
LUMP
TEMPORARY STREAM DIVERSION
L.S.
L.S.
��^ 0�
SUM
30
LINEAR
HIGH VISIBILITY FENCE
350
t�—
W
FOOT
per L.F.
31
LINEAR
GEOTEXTiLE-ENCASED CHECK DAM
16
c�
� Z, . —'
• � �
FOOT
per L.F.
32
LINEAR
SILT FENCE
350
LD
:
FOOT
per L.F.
33
$1
ROADSIDE RESTORATION
EST
F.A.
$ 4,000.00
34
LINEAR
BEAM GUARDRAIL TYPE 1
31.25
' C,
j
FOOT
per L.F.
! % W
P.
i.
-11-
24
NORTHWEST DRIVE
CULVERT REPLACEMENT CRP 909010
Bid Proposal Form
Bidder:Strider Construction Co.,
Inc.
1
ibNO k.
v.V I
�IIIEl1$�RE,
TEIN •;..:
D)S�3RIPTibN
�- ?, kr . r.'
FP1i3X;"
NIT.DRCE:v::,'TEM
�hsY1�l;.
ENQEDPaICE
F
rBw IGURES
35
EACH
BEAM GUARDRAIL NON -FLARED
TERMINAL - ET -PLUS TL3
3
� Coo, 6D
Per EA
iT
V� ` ^J� ✓
36
EACH
BEAM GUARDRAIL ANCHOR TYPE 1
1
�'i!1, tX�
�per EA
(xw
37
$1
RELOCATION AND INSTALLATION OF
EST
F.A.
$ 1,000.00
WIRE FENCE .
38
TON
QUARRY SPALLS
100
3�
per TON
�, �n DJ
39
TON
LIGHT LOOSE RIPRAP
155
3�.
per TON
2
40
$1
REUSE ON -SITE SUITABLE MATERIALS
EST
F.A.
$ 5,000.00
41
CUBIC
YARD
FILTER BLANKET
110
perC.Y.
42
LINEAR
FOOT
PAINT LINE
100
1 , C�-
per L.F.
I
43
LINEAR
FOOT
PAINTED WIDE LINE
200
er L.F.
TOTAL BID AMOUNT (Bid Items 1-43) 3O !
-12-
V
J
25
Aim
Washington State
♦% DepaMrrrent of Transportation
Disadvantaged Business
Enterprise Utilization Certification
To be eligible for award of this contract the bidder must fill out and submit, as part of its bid proposal, the following Disadvantaged
Business Enterprise Utilization Certification relating to Disadvantaged Business Enterprise (DBE) requirements. The Contracting
Agency shall consider as non -responsive and shall reject any bid proposal that does not contain a DBE Certification which properly
demonstrates that the bidder will meet the DBE participation requirements in one of the manners provided for in the proposed contract.
If the bidder is relying on the good faith effort method to meet the DBE assigned contract goal, documentationIn addition to the
certificate must be submitted with the bid proposal as support for such efforts. The successful bldders DBE Certification shall be
deemed a part of the resulting contract. Information on certified firms Is available from OMWBE, telephone 360-753-9693.
Strider Construction Co., Inc. certlfiesthat the Disadvantaged Business Enterprise
Name or Bidder. .
(DBE) Firms listed below have been contacted regarding participation on this project. If this bidder is successful on this project and is
awarded the contract, it shall assure that subcontracts or supply agreements are executed with those firms where an 'Amount to be
Applied Towacda Goal' is listed. (lf neceasaty. use additional.stteet.)
Name of DBE
Certificate Number
Project Role •
(Prime, ftubciii r ctor,
Manufacturer,
Reguly Dealer)
Description of Work
Amount to~
be Applied
Towards. Goal
LIU
2.
3.
4.
5.
6.
7.
8.
9.
10.
Disadvantaged Business Enterprise Subcontracting Goal: 5 % DBE Total $
Regular Dealer status must be approved prior to bid submittal by the Office of Equal Opportunity, Wash. State Dept. of Transportation, on each contract.
•" See the section 'Counting DBE Participation Toward Meeting the Goal' in the Contract Document.
"• The Convecting Agency will utilize this amount to determine whether or not the bidder has met the goal. In the event of an arithmetic difference
between this total and the sum of the individual amounts listed above, then the sum of the amounts listed shall prevail and the total will be revised
NORTHWEST DRIVE CULVERT REPLACEMENT - CRP NO. 909010
DOT Form 272.056 EF
Revised 7107
-13-
26
NON -COLLUSION DECLARATION
NORTIMTST DRIVE
CULVERT REPLACEMENT
CRP NO.-909010
FEDERAL AID NO. ER-0902(356)
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 ofthis 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:
1-800424-9071
The U.S. Department of Transportation (USDOT) operates the above toll free "hotline" Monday
through Friday, 8:0.0 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.
NORTHWEST DRNE CULVERT REPLACEMENT -CRP NO. 909010
-14-
27
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: Strider Construction Co., Inc.
Address: 4121 Northwest Drive
Bellingham, WA 98226
Telephone: 360-380-1234
Contractor's WA Registration Number:
STRIDCC121OZ
Contractor's WA UBI Number: 601 100 050
Contractor's WA Employment Security Department Number: 655099 00 1
Contractor's WA Excise Tax Registration Number: 601 100 050
The Firm submitting this proposal is a: Sole Proprietorship
Partnership
_.I__ 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:
James A. Gebhardt
Ray Gould
Kyle J. Gebhardt
President
Vice -President
Vice -President
Jay Van Wingerden Secretary/Treasurer
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.
NORTHWEST DRIVE CULVERT REPLACEMENT - CRP NO. 909010
-15-
W
.. s
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
❑ 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) , &
SIGNATUR
(PROPOSAL MUST BE SIGNED)
(Seal.)
FIRM NAME: Strider Construction Co., Inc.
STATE OF WASHINGTON )
) ss.
COUNTY OF WHATCOM )
On this 15th day of June , 2010 , before me personally appeared
James A. Gebha. L. to me JowIdged
w to be the person described in
and who executed thi who ackme he act of signing thereof
,..,...,i�.-... N LIC, in and for the
i:vit`�'*%t?i�shington, residing at: Whatcom County
sion Expires: 7/31/2010
This proposal form is nol 'r �a rd any alteration of the firm's name entered hereon without
prior permission from Whatcom County will be cause for considering the proposal irregular and for
subsequent rejection of the bid.
NORTHWEST DRIVE CULVERT REPLACEMENT -CRP NO.909010
= 16-
29
WHATCOM COUiVTY COUNCIL AGENDA BILL NO. AB2010-267
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
kw
06102110
�LPC EE VED
JUL 0 6 2010
7/13/10
Finance/Cncl
Division Head.
�l�o
Dept. Head
L/I 17 " J
Prosecutor:
WHATCOM COUNTY
Purchasing/Budget
C O � I N C IL
lJ U 11! ti
Executive:
TITLE OF DOC MENT. Maintenance Agreement between Whatcom County and Identix Biometric
Solutions
ATTACHMENTS:
Memo to Pete Kremen
2011 Mainteance Agreement 2
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
S UMMA R Y S TA TEMENT OR LEGAL NOTICE LANGUAGE.
This maintenance agreement addendum provides 915 maintenance and quarterly preventative maintenance
visits for the electronic fingerprint machines and a store and forward machine which stores the electronic
prints and then forwards them in a batch to Olympia. This maintenance agreement also assures that the
booking processes are not delayed due to non -operational equipment.
COMMITTEEACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
30
WHATCOM COUNTY
Sheriffs Office/Corrections
311 Grand Ave,
Bellingham, WA 98225
MEMORANDUM
TO: Pete Kremen, County Executive
FROM: Bill Elfo, Sheriff
DATE: June 2, 2010
Bill Elfo,
Sheriff
Wendy Jones,
Chief Corrections Deputy
RECEIVE®
JUN 15 2010
PETE KREMEN
COUNTY EXECUTIVE
RE: 2011 Maintenance Agreement between Whatcom County and
Identix Biometric Solutions
Enclosed are two (2) originals of the 2011 Maintenance Agreement between Whatcom
County and Identix Biometric Solutions.
■ Background and Purpose
This maintenance agreement addendum provides 9/5 maintenance and quarterly
preventative maintenance visits for the electronic fingerprint machines and a store and
forward machine which stores the electronic prints and then forwards them in a batch to
Olympia. This maintenance agreement assures that the booking processes are not delayed
due to non -operational equipment.
■ Funding Amount and Source
The maximum consideration for the term of this Maintenance Agreement shall not exceed
$26,056.28. Funding for this agreement comes from the Whatcom County Jail 2011 budget.
■ Differences from Previous Contract
There are no differences from last year's agreement, except for the serial numbers on
new equipment.
Please . contact Karen Walker at extension 50467, if you have any questions or
concerns regarding the terms of this agreement.
Encl.
31
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
�2'010 0(0oz-q
Originating Department:
Whatcom County Sheri
Contract Administrator:
Karen Walker
Contractor's fA enc Name:
Identix Biometric Solutions
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract?
Yes X No _ Yes — No X 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 _ No X If yes, RFP and Bid number(s)
Contract Amount: (sum of orig
If a Professional Services Agreement is more than $15, 000
contract amt and any prior
or a Bid is more than $35, 000, please submit an Agenda
amendments)
Bill for Council approval and a supporting memo. Any
$26, 056.28
amendment that provides 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 supporting memo.
If less than these thresholds, just submit to Executive with
supporting memo for approval.
Scope of Services
This agreement provides for 915 maintenance and quarterly
preventative maintenance visits for the electronic fingerprint
machines and a store and forward machine which stores the
electronic prints and forwards them in a batch to Olympia. This
agreement assures that the booking processes are not delayed
due to non -operational equipment.
Term of Contract: One year
Expiration Date:1213112011
Contract Routing Steps & Signoff.- [sien or initial]
[indicate date transmitted)
1. Prepared by: kw
Date .06102110 [electronic]
2. Attorney reviewed:
Date [electronic]
3. AS Finance reviewed.
Date / electronic]
4. IT reviewed if IT related—
Date e /4 iU _ [electronic]
5. Corrections made:
Date [electronic] hard copy printed
6. Attorney signoff
Date
7. Contractor signed:
Date
8. Submitted to Exec Office ,s
Date 6-16-10 [summary via electronic; hardcopies]
9. Reviewed by DCA
Date
10. Council approved (f 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
32
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35
IDENTIX INCORPORTED
SYSTEM MAINTENANCE TERMS AND CONDITIONS
for use with
U.S. End User Customers
covering
Identix a Live Scan Product Line
I. GENERAL SCOPE OT COVERAGE
Subject to payment in Rill of the applicable
maintenance fees for the system ("System") described
in Identix Incorporated's ("Identix") current
Maintenance Agreement Addendum ("Addendum")
with customer ("Customer"), Identix, or its authorized
agents or subcontractors, shall provide the System
maintenance services ("Services") set forth and in
accordance with the terms herein (this "Agreement")
and the Addendum. The terms of the Addendum are
hereby incorporated into this Agreement by this
reference.
IT. MAINTENANCE SERVICES
The Services provided by Identix are those services
selected by Customer from one or more of the
following maintenance services programs:
A. Included With Ail Remedial Maintenance Services.
Included Willi All Remedial Maintenance Services are
as follows:
• Unlimited 24/7 telephone technical support for
System hardware and software from the
Identix TouchCare Support Center via Identix
toll free telephone number.
• TouchCare Support Center managed problem
escalation, as required, to Identix' technical
support staff to resolve unique problems.
• Identix shall furnish all parts and components
necessary for the service and maintenance of
the System. Replacement parts shall be sent to
the Customer. All replaced defective parts
shall become Identix' property. Identix shall
determine if a replacement part is necessary.
Replacement parts and components may be
new or refurbished. Unless otherwise agreed
by Identix, replacement parts and components
needed at international destinations shall be
shipped by Identix to the Customer -specified
United States destination, and the Customer
shall arrange for shipment of the pails and
components to the final international
destination. In the event Identix ships
replacement parts and components to an
international destination, the Customer shall be
responsible for all shipping expenses, duties,
tariffs, taxes, and all other delivery related
charges.
Identix shall make available to Customer one
copy (in electronic or other standard form) of
each Update (defined herein) for those System
components that are developed by Identix and
for which Identix, in its sole discretion, elects
to ' develop and generally make available to
customers whose Systems are wider warranty
or under a current Idetitix Maintenance
Agreement Addendum. Customer shall
provide Identix with continuous network or
dial -up access to the System (whether stand
alone or connected to a central site), and
Identix shall deliver the Update via this remote
means of delivery. In the event continuous
network or dial -up access is not available for
2417 Maintenance Services and 915
Maintenance Sen ices Customers, then Identix
shall install the Update during any
subsequently scheduled on -site visit by Identix
for service of the System. An "Update" means
a new release of such System software
components that are developed by Identix
which contain (i) bug fixes, corrections, or a
work -around of previously identified errors
with such software, or (ii) minor
enhancements, improvements, or revisions
with substantially similar (but not new)
functionality to the original licensed System
software.
B. 24/7 Maintenance Services. Identix' 2417
Maintenance Sei7lices are as follows:
• Customer will receive a telephone response to
service calls within one (1) hour from the time
the Customer places a service call with
Identix' Help Desk.
• Identix' Help Desk will attempt problem
resolution via telephonic verbal and dial -in
troubleshooting prior to dispatching an Identix
field service engineer to Customer's facility
for on -site service.
• If on -site service is necessary, such service
shall be provided 24/7, including holidays.
Identix shall use its best efforts to have an
Identix' field service engineer at the
Customer's facility within four (4) hours from
the tine the engineer is dispatched by Identix'
Vers ion 1 /2007/2I Marcl r2007
36
Help Desk for customers located within a 100
mile radius of an authorized Identix' service
location and within 24 hours for customers
located outside such 100 mile radius.
At no additional charge, Identix will provide
Customer with up to four (4) Customer -
requested type of transaction changes to
existing type of transaction applications;
provided, however, that any such type of
transaction change does not, in the sole
opinion of Identix' Development
Management Team, require a significant
development effort. In such event, Identix
will provide Customer with a quote for
developing and providing Customer with any
such applications and changes. Table updates
are treated as Updates and will be made
available to Customer in accordance with
Section II.A. of this Agreement.
C. 9/5 Maintenance Services. Identix' 9/5
Maintenance Services are as follows:
• Customer will receive a telephone response to
service calls within one (1) hour from the time
Customer places a service call with Identix'
Help Desk.
• Identix' Help Desk will attempt problem
resolution via telephonic verbal and dial -in
troubleshooting prior to dispatching an Identix
field service engineer to Customer's facility
for on -site service.
• If on -site service is necessary, such service
shall be provided nine (9) business hours (that
is, 8:00 a.m. to 5:00 p.m.) per day, five
business days per week. Identix shall use its
best efforts to have an l:dentix' field service
engineer at Customer's facility within eight (8)
working hours from the time the engineer is
dispatched by Identix' Help Desk if
Customer's facility is located within a 100
mile radius of an authorized Identix' service
Iocation and within 24 hours if Customer's
facility is located outside such 100 mile radius.
• Upon Identix' acceptance of Customer's
request for after hours service, Customer shall
pay for such after hours service on a time and
materials basis at Identix' then current rates.
• At no additional charge, Identix will provide
Customer with up to four (4) Customer -
requested type of transaction changes to
existing type of transaction applications;
provided, however, that any such type of
transaction change does not, in the sole
opinion of Identix' Development
Management Team, require a significant
development effort. In such event, Identix
will provide Customer with a quote for
developing and providing Customer with any
such applications and changes. Table updates
are treated as Updates and will be made
available to Customer in accordance with
Section II.A. of this Agreement.
D. Help Desk Maintenance Services. Identix' Help
Desk Maintenwice Services are as follows:
• The Services do not include any Identix on -site
maintenance services. The Customer agrees to
provide the on -site personnel to assist the
Identix Help Desk with troubleshooting,
module replacement, and installation of
Updates, as required.
• Customer shall maintain at least one (1)
Identix trained System manager on the
Customer's System support staff during the
term of such Services period contained in the
applicable Addendum, and such Customer
System manager shall be responsible for
periodically backing -up System software in
accordance with Identix' periodic
requirements. Unless otherwise agreed in
writing by Identix, the Customer shall be
responsible for the installation of each Update.
• Customer will receive a telephone response to
service calls within one (1) hour from the time
the Customer places a service call with
Identix' Help Desk.
• Identix shall furnish all parts and components
necessary for the maintenance of the System.
Identix' shipment of a replacement pant to
Customer will be initiated promptly after the
Identix' Help Desk determines the need for
such item. Replacement part orders initiated
prior to 3:00 p.m. Central shall be shipped the
same business day, where orders initiated after
3:00 p.m. Central shall be shipped the next
business day. All shipments are made via next
day priority air.
• If a defective pant is required by Identix to be
returned to Identix, the packaging material
used in shipment of the replacement part must
be reused to return the defective part. [Note:
defective parts are not repaired and returned to
Customer. Customer will be invoiced for any
defective parts that are not returned to Identix
within two (2) weeks after receipt of the
replacement part. Identix is not responsible for
any markings (i.e., asset tags) that Customer
may place on System components. It is
Customer's responsibility to remove such
markings.]
Version l /2007/21 Marcl )2007
37
Upon Customer's request for Identix on -site
service, Identix shall use its best efforts to have
an Identix field service engineer at the
Customer's facility within 48 hours from the
time the engineer is dispatched by Identix'
Help Desk. Customer shall pay for such on -
site service on a time and travel basis at
Identix' then current rates and travel policies,
respectively. Prior to dispatch of an Identix
engineer, Customer shall either provide Identix
with a purchase order ("P.O.'), complete
Identix' P.O. Waiver form, or provide Identix
with a valid credit card number.
E. Preventive Maintenance Services. Identix'
Preventive Maintenance Services are as follows:
• Preventive maintenance service calls consist of
System cleaning, verification of calibration,
and verification of proper System
configuration and operation in accordance with
Identix' specifications for such System.
Identix and Customer will seek to agree upon
the scheduling of the preventive maintenance
service call promptly after commencement of
the term of this Agreement and the
commencement of any renewal term.
• Preventive maintenance service calls are only
available in connection with Identix' 24/7
Maintenance Services and Identix' 9/5
Maintenance Services offerings. Preventive
maintenance service calls are priced on a per
call basis in accordance with Identix' then
current published prices for such Services.
Preventive Maintenance Services may not be
available for certain System components.
III. EXCLUSIONS FROM SERVICES
A. Exclusions. The Services do not include any of the
following:
• System relocation.
• Additional training beyond that amount or level of
training originally ordered by Customer.
• Maintenance support or troubleshooting for
Customer provided communication networks.
• Maintenance required to the System or its parts
arising out of misuse, abuse, negligence,
attachment of unauthorized components (including
software), or accessories or parts, use of sub-
standard supplies, or other causes beyond Identix'
control.
• Maintenance required due to the System being
modified, damaged, altered, moved or serviced by
personnel other than Identix' authorized service
representatives, or if parts, accessories, or
components not authorized by l:dentix are fitted to
the System.
« Maintenance required due to failures caused by
Customer or Customer's software or other
software, hardware or products not licensed by
Identix to Customer.
• Providing or installing updates or upgrades to any
third party (i.e., Microsoft, Oracle, etc.) software.
• Providing consumable parts and components (i.e.,
platens, toner cartridges, etc.); such items are
replaced at the Customer's expense.
• Maintenance required due to failures resulting
from software viruses, worms, Trojans, and any
other forms of destructive or interruptive means
introduced into the System.
Maintenance required due to failures caused by
Customer facility issues such as inadequate power
sources and protection or use of the System in
environmental conditions outside of those
conditions specified in Identix' System
documentation.
B. Availability of Additional Services. At Customer's
request, Identix may agree to perform the excluded
services described immediately above in accordance
with Identix' then current rates. Other excluded
services that may be agreed to be performed by Identix
shall require Identix' receipt of a Customer P.O.,
Customer's completion of Identix' P.O. Waiver form,
or Customer providing Identix with a valid credit card
number before work by Identix is commenced.
C. Non -Registered System Components. Any System
components not registered in the Addendum for which
Services are requested by Customer may be required to
have a pre -maintenance inspection by Identix before
being added to the Addendum and this Agreement.
This inspection will also be required if this Agreement
has expired by more than thirty (30) days. Identix'
inspection will be billed at Identix' current inspection
rate plus travel expenses and pants (if any required).
D. Third Parma Hardware and Software. Customer
shall be solely responsible for obtaining from Identix
or an Identix authorized or identified vendor, at
Customer's sole expense: (i) all Identix and third party
software .that may be required for use in connection
with any Updates, major enhancements or new
versions; and (ii) all hardware that may be required for
the use of any Updates, major enhancements or new
versions. Identix will specify the hardware and third
party software requirements for any Updates.
IV. SERVICE CALLS
Version 1/2007/21Mar62007
Customer may contact Identix' TouchCare Support
Center by calling 1-888-HELP-IDX (888-435-7439).
Service calls under this Agreement will be made at the
installation address identified in the Addendum or as
otherwise agreed to in writing.
V. TERM AND TERMINATION
This term of this Agreement shall commence upon
Identix' receipt of the annual maintenance fee reflected
in the Addendum and shall continue for a period of one
(1) year. This Agreement may be renewed for
additional one (1) year terms upon the parties' mutual
agreement and Customer's execution of an updated
Addendum and Identix' receipt of the applicable
annual maintenance fee reflected in the updated
Addendum. Either party may terminate this
Agreement in the event of a material breach by the
other party that remains uncured for a period of thirty
(30) days from the date the non -breaching party
provided the other with written notice of such breach.
VI. FEES FOR SERVICES
A. Fees. The initial fee for Services under this
Agreement shall be the amount set forth in the
Addendum. The annual maintenance fee during any
renewal term will be Identix' current rates in effect at
the time of renewal. Customer agrees to pay the total
of all charges for Services annually in advance within
thirty (30) days of the date of Identix' invoice for such
charges. Customer understands that alterations,
attachments, specification changes, or use of sub-
standard supplies that cause excessive service calls,
may require an increase in Service fees during the term
of this Agreement at the election of Identix, and
Customer agrees to promptly pay such charges when
due.
B. Failure to Pay Fees. If Customer does not pay
Identix' fees for Services or parts as provided
hereunder when due: (i) Identix may suspend
performance of its obligation to provide Services until
the account is brought current; and (ii) Identix may, at
its discretion, provide the Services at current "non
contract/per call" rates on a COD basis. Customer
agrees to pay Identix' costs and expenses of collection
including the maximum attorneys' fee permitted by
law (said fee not to exceed 25% of the amount due
hereunder).
VII. LIMITED WARRANTY / DISCLAIMER /
LIMITATION OF LIABILITY
Identix shall provide the Services hereunder in a
professional and workmanlike manner by duly
qualified personnel. EXCEPT FOR THIS LIMITED
WARRANTY, IDENTIX HEREBY DISCLAIMS
ALL WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE IN
REGARD TO THE SERVICES, SOFTWARE, AND
ANY OTHER GOODS PROVIDED HEREUNDER.
IN NO EVENT SHALL IDENTIX' AGGREGATE
LIABILITY TO CUSTOMER ARISING OUT OF, OR
RELATED TO, THIS AGREEMENT, UNDER ANY
CAUSE OF ACTION OR THEORY OF RECOVERY,
EXCEED THE NET FEES FOR IDENTIX'
SERVICES ACTUALLY PAID BY CUSTOMER TO
IDENTIX UNDER THE APPLICABLE
ADDENDUM TO THIS AGREEMENT DURING
THE TWELVE (12) MONTHS PRIOR TO THE
DATE THE CUSTOMER'S CAUSE OF ACTION
AROSE. IN NO EVENT SHALL IDENTIX BE
LIABLE TO CUSTOMER FOR ANY INDIRECT,
SPECIAL, INCIDENTIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES (INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS OR REVENUE;
LOSS, INACCURACY, OR CORRUPTION OF
DATA OR LOSS OR INTERRUPTION OF USE; OR
FOR ANY MATTER BEYOND IDENTIX'
REASONABLY CONTROL, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. NO
ACTION, REGARDLESS OF FORM, MAY BE
BROUGHT BY CUSTOMER MORE THAN TWO
(2) YEARS AFTER THE DATE THE CAUSE OF
ACTION AROSE.
VIII. LIMITED LICENSE TO UPDATES
Identix may deliver Identix-developed Updates to
Customer. The terms of Identix' end user license for
the Identix' sofhvare delivered as part of the System
shall govern. Customer's use of the Updates.
IX. MISCELLANEOUS
This Agreement shall be governed by and construed
according to the laws of the State of Minnesota,
excluding its conflict of laws provisions. This
Agreement constitutes the entire agreement between
the parties regarding the subject matter described
herein and may not be modified except in writing
signed by duly authorized representatives of Identix
and the Customer. This Agreement may not be
assigned by Customer without the prior express written
consent of Identix.
Version 1/2007/21 March2007
39
WHATCOM COUNTY:
Recommended for Appr val:
Sif1
Approved as to form:
Prosecuting Attorne
Approved:
Accepted for Whatcom County:
By:
Pete Kremen, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
r!,.f/"" -25" Q
Date
Date
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
MN
WHATCOM COUNTY COUNCIL AGENDA BILL NO.- AB2010-072 Cont ' d
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Page
Page Two of Agenda bill
Originator:
COTW
Division Head:
7/13/2010
COTH
Dept. Head:
Prosecutor:
Purchasing/Budget:
Executive:
TITLE OF DOCUMENT.
Rural Element Update —discussion of status and future process. Discussion of Growth Management Act
requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal)
ATTACHMENTS:
1/8/10 Memorandum to County Council
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( )Fes ( 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)
Rural Element Update —discussion of status and future process. Discussion of Growth Management Act
requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal)
COMMITTEEACTION:
COUNCIL ACTION.•
6/22/2010: Updated
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
AB2008-389
ase Note: Once adopted and signed, ordinances and resolutions are availablefor viewing andprinting on
County's website at. www.co.whatcom.wa.us/council.
L
41
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-072
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Originator:
I
Planning Committee
Gary Davis
118110
1 / 26/ 10
ECE W E D
Division Nead:
ry ry
JAN 1 .9 20�0
3/30/10
Planning Committee
Dept. Head:^
DavidStalheim
V
4/13/10
Planning Committee
Prosecutor:
4/27/2010
Planning Committee
g-- i0
WHATCOM COUNTY
COUNCIL
Purchasing/Budget:
5/11/2010
Planning Committee
Executive:
5/25/2010
CON
Pete Kremen
P
6/08/2010
CON
TITLE OF DOCUMENT.
Rural Element Update — discussion of status and future process. Discussion of Growth Management Act
requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal)
ATTACHMENTS:
1/8/10 Memorandum to County Council.
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (x ) NO
SEPA review completed? ( x ) Yes ( ) NO
Requested Date: 1126110 P&D Committee
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.)
Rural Element Update —discussion of status and future process. Discussion of Growth Management Act
requirements and the Planning Commission recommendations. (Per March 23, 2010 submittal)
COMMITTEE ACTION.
COUNCIL ACTION.
1/26/2010: The committee concurred to hold in committee
for two weeks: first meeting, walk through the maps
and answer questions. Second meeting look at the
ordinances (ordinances are in and this item is related
to AB2009-417 and AB2009-417A)
3/30/2010: Discussed. Discuss again in two weeks.
4/13/2010: Discussed.
4/27/2010: Presented and discussed. Hold in Committee
for two weeks to continue discussion and presentation.
5/11/2010: Presented. Referred to Committee of the Whole
5/25/2010:Discussed. Councilmember Crawford asked the
public to submit their thoughts in writing to Council on
this issue. lie will meet with administration (Gary Davis)
to come up with a work calendar. Hold for two weeks.
6/08/2010: Discussed
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2009-00011
AB2009-222
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.
42
WHATCOM COUNTY David Stalheim
�``��
Planning &Development Services CM Director P
5280 Northwest Drive '
Bellingham, WA 98226-9097 I.E. "Sam" Ryan
360-676-6907, TTY 800-833-6384 �gsy,N�a°`� Assistant Director
360-738-2525 Fax
M E M O RA N D U M
TO: Whatcom County Council
THROUGH: J.E. "Sam" Ryan, Interim Director FX-
FROM: Wain Harrison, Long Range Planning SupervisortV 3r4
Gary Davis, AICP, Senior Planner&o
DATE: July 6, 2010
SUBJECT: Rural Element Update - Policy Options for Preparation of
Draft Ordinance
The purpose of this memorandum is to outline options on several topics related to the Rural
Element Update. PDS staff hopes to receive Council direction on each of these general
topics at the July 13 Committee of the Whole meeting so that we can prepare a draft
ordinance, would include proposed changes to the Comprehensive Plan text and maps, and
the zoning code. The Growth Management Hearings Board has set a compliance date of
December 29, 2010.
Staff requests Council direction on the following topics:
Type I LAMIRDs adjacent to Urban Growth Areas (UGAs)
A. Retain 1-mile spacing requirements from UGAs and other LAMIRDs and rezone
the areas to 5 acre density [Planning Commission recommendation except 5-acre
instead of 10-acre density]
B. Eliminate spacing requirements and designate Type I LAMIRDs adjacent to UGAs
based on GMA 1990 built environment and boundary criteria.
R2A Residential Areas
A. Designate residential LAMIRDs based on GMA 1990 built environment (to include
large water lines) and boundary criteria, keeping the 2 acre density inside the
LAMIRD and rezoning areas outside LAMIRD boundaries to 5 acre density [Planning
Commission recommendation except 5-acre instead of 10-acre density]
B. Density overlay — rezone to 5-acre base density with the ability to achieve 2-acre
density based on average size of surrounding lots.
C. Combination of A and B — designate LAMIRDs in areas that best meet GMA
criteria and use the density overlay in the other areas.
43
Rural Element Update Memorandum
July 6, 2010
D. In the R2A areas where average lot sizes are near 2 acres, retain the R2A zoning
based on its being consistent with the established rural character of those areas.
Rezone areas with larger average lot sizes to RSA.
RRA, -2, -3 and LIR Residential Areas
A. Designate residential LAMIRDs based on GMA 1990 built environment (to include
large water lines) and boundary criteria, keeping the current density inside the
LAMIRD and rezoning areas outside LAMIRD boundaries to 5 acre density [Planning
Commission recommendation except 5-acre instead of 10-acre density]
B. Density overlay — rezone to 5-acre base density with the ability to achieve 1-acre
density based on average size of surrounding lots.
C. Combination of A and B — designate LAMIRDs in areas that best meet GMA
criteria and use the density overlay in the other areas.
D. In the RR areas where average lot sizes are near 1 acre, retain an RR-1 zoning
based on its being consistent with the established rural character of those areas.
Rezone areas with larger lot sizes to RSA.
Note: R2A, RR, and UR zoned affected areas exist in the Lake Whatcom watershed.
Should the approach to these areas be the same as other residential areas, or should they
be rezoned to a 5-acre density?
Commercial Zoning in Type I LAMIRDs
A. Add Rural General Commercial (RGC) and Rural Industrial -Manufacturing (RIM)
zones and modify requirements in other commercial/industrial zones to reflect 1990
size, scale, use, intensity. [Planning Commission recommendation]
B. Retain current requirements in commercial/industrial zones but add provision that
any development or redevelopment in Type I LAMIRDs must not exceed the 1990
size, scale, use, intensity in the area.
Mixed -use affected areas
A. Designate LAMIRDs in mixed use affected areas based on GMA 1990 built
environment (to include large water lines) and boundary criteria, keeping existing or
modified zoning in those areas, and rezone the remaining areas to R or RR with a
density of one dwelling unit per 5 acres. [Planning Commission recommendation
except 5-acre instead of 10-acre density]
B. LAMIRD and Overlay: Designate LAMIRDs in mixed use affected areas based on
GMA 1990 built environment and boundary criteria, keeping existing or modified
zoning in those areas, while designating the remaining residential affected areas as
Density Overlay.
lAPlanning Division\Long Range Planning\LAMIRD\Council July 2010\prelimdraftcouncilmemo.doc
44
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 B
CLEARANCES,
Initial
Date
Da"ogaivedin Council Office
Agenda Date
Assigned to:
Originator:
Mann
3/24/2010
L9E D
MAR 24 2010
3/30/2010
COTW/Introduction
Division Head:
4/13/2010
COTW
Dept. Head:
cy'3 D
/VHATCOM COUNTY
5 / 11 / 2 01 O COTW
Prosecutor:
COUNCIL
COTW
6/08/2010
Purchasin Bud et:
6/22/2010
COTW
7/13/2010
COTW
Executive:
TITLE OF DOCUMENT:
Ordinance amending WCC 2.03, Boards and Commissions
ATTACHMENTS.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
4/13/2010
SUM11ARYSTATEMENT 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 WCC 2.03, Boards and Commissions
COMMITTEEACTION.•
COUNCIL ACTION.•
3/30/2010: Held in Committee
3/30/2010: Pulled from Introduction
4/13/2010: Not discussed. Held in Committee
4/13/2010: Pulled from Introduction
5/11/2010: Did not discuss. Held in
committee
5/25/2010: Not discussed. Held in committee
6/22/2010: Not disussed.
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.wa.us/council.
45
2010 Ord\Amend WCC 2.03, County Council SPONSORED BY: Consent
PROPOSED BY: Ken Mann
INTRODUCTION DATE: 3/30/2010
ORDINANCE NO.
AMENDING WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS
WHEREAS, Whatcom County Code Section 2.03 sets forth guidelines for the
appointment of councilmembers and non-councilmembers to boards, commissions,
and committees; and
WHEREAS, amendments to Whatcom County Code 2.03 are necessary to
allow for a change in the term of office expiration date for all appointments and to
clarify the rules for appointment and re -appointment of non-councilmembers to
boards, committees, or commissions.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County Code 2.03 is hereby amended as indicated in Exhibit A to this
ordinance.
ADOPTED this day of , 2010
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council
PPR • "
�'. i _ I , 4"MI
Civil Deputy Prosecutor
Page 1
Sam Crawford, Council Chair
❑ Approved ❑ Denied
Pete Kremen, County Executive
we
EXHIBIT A
(Ordinance amending WCC 2.03)
CHAPTER 2.03
BOARDS AND COMMISSIONS
Sections:
2.03.010
Election of councilmembers as representatives to various
boards and committees.
2.03.020
Terms.
2.03.025
Removal.
2.03.030
Limited terms.
2.03.040
Executive's terms.
2.03.050
Effective date.
2.03.060
Appointment of non -council members to boards, commissions and
committees.
2.03.065
Appointment of planning commission members.
2.03.070
Confirmation of appointments.
2.03.075
Review of nominees and executive appointees.
2.03.080
Vacancies on citizen boards, committees and commissions.
2.03.090
Qualifications.
2.03.010 Election of councilmembers as representatives to various boards
and committees.
A. Each year at its annual meeting, the county council shall elect its
representatives who shall serve until the next annual meeting to the various boards
and commissions on which it must appoint its own members to serve.
B. This annual election for one-year terms shall begin in January, 1981. (Ord.
2001-028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2).
2.03.020 Terms.
A. The term of office for the board of equalization shall be three years pursuant
to RCW 84.48.026.
B. All other appointments to boards, committees and commissions of non-
councilmembers made by the council shall be for a term no longer than four years,
and shall expire on December 31st, January 31St of the specified year, except for
those appointments made to fill an incomplete term in which case it shall be for the
balance of that term.
C. Term lengths for those members first appointed to newly created boards,
committees and commissions shall be staggered so that the terms of future
members do not expire on the same date. (Ord. 2001-028 Exh. A; Ord. 95-006
Exh. A; Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1
(part)).
2.03.025 Removal.
In circumstances where the council has the authority to remove from office a
member of a board, committee, or commission prior to the expiration of the board,
committee or commission member's term of office, the council shall make such
removal only upon the proper grounds specified in law. In the absence of such
guidance in law, the council shall not remove a member from office without having
given the member an opportunity to be heard by the council, if so requested. (Ord.
2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 83-
19 (part); Res. 80-13 § 1 (part)).
47
2.03.030 Limited terms.
No board, commission or committee member shall serve more than two consecutive
full terms; however, after serving two consecutive full terms a citizen may
become eligible for re -appointment to a board, commission or committee
�- after a one-year period of separation from the respective board,
commission or committee on which they have previously served The first
term of all members appointed to a newly created board, commission or
committee shall be considered a full term for the purpose of this section, regardless
p p o ga
of initial staggered term length. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord.
93-003 Attachment E (part); Res. 80-13 § 2).
2.03.040 Executive's terms.
Those positions to which the county council appoints the executive to serve shall
be for the executive's term of office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A;
Ord. 93-003 Attachment E (part); Res. 80-13 § 3).
2.03.050 Effective date.
The term of office limitations shall apply to all appointments made by the county
council since May 1, 1979. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-
003 Attachment E (part); Res. 80-13 § 4).
2.03.060 Appointment of non-councilmembers to boards, commissions and
committees.
function,
theiF r in r
FegUlaFly scheduled il
rthir Fequests .
For appointment by the council of non-councilmembers to those boards,
commissions, and committees performing either an administrative or a
legislative function, council shall advertise a vacancy and include an
application deadline of 4:00 p.m. on the day of the regularly scheduled
council meeting at which nominations are scheduled to occur.
Councilmembers shall make nominations from the list of applicants at this
made only by the councilmembers from the district or the councilmember
at large. At a subsequent meeting, appointment of the nominees shall
occur by an affirmative roll -call vote by a majority of the entire council. In
the case of only one applicant for a given vacancy, nomination and
appointment by general consent may occur._(Ord. 2001-028 Exh. A; Ord.
95-006 Exh. A; Ord. 93-003 Attachment E (part); Ord. 91-030 (part)).
I •
2.03.065 Appointment of planning commission members.
Council members will follow the procedure set forth in WCC 2.03.060 when
making nominations and appointments to the planning commission. (Ord. 2001-028
Exh. A; Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part)).
2.03.070 Confirmation of appointments.
A. Council confirmation of executive appointments shall be handled in the
following manner: The executive shall present in writing to the council office no
later than seven days before the council meeting at which action is requested, the
names of his appointments, positions and terms to which they are to be appointed,
information on the appointees' qualifications or background, and any other
information the executive deems appropriate, except in the case of executive
appointments to executive and administrative offices, in which case, this
information shall include a job description and a resume. This information shall also
be made available upon request to the public.
B. The council shall confirm or reject appointments by the county executive
within 30 days of the date the names are submitted to it; failure to act within this
time period shall cause the appointees to be deemed confirmed. Confirmation or
rejections shall be by majority roll call vote by an affirmative vote by a
majority of the entire council (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord.
93-003 Attachment E (part); Ord. 91-030 (part)).
2.03.075 Review of nominees and executive appointees.
A. Council members will individually be responsible for meeting or contacting
individuals nominated to serve on a board, commission, or committee, and
individuals whose appointment by the executive is scheduled for confirmation by
the council, prior to the council's consideration of the nomination or request for
confirmation.
B. The council chairperson may arrange for the council interview of the nominee
or the recommended executive appointee prior to the regularly scheduled council
meeting at which appointment or confirmation will be considered.
C. The names of recommended appointees by the executive, and the names of
nominees by council members, shall be published on the agenda for the council
meeting at which action is to be taken in filling a position or confirming an
appointment. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A)
2.03.080 Vacancies on citizen boards, committees and commissions.
A. The clerk of the council shall cause to be compiled and published annually a
listing of vacancies and anticipated vacancies on all citizen boards, committees and
commissions, within the appointive jurisdiction of both the council and the
executive.
B. The listing shall state the title and term of office of each position, residency
requirements (if any), the appointing authority, and an address and telephone
number for obtaining further information or for making applications. The listing
shall also include a brief description of the duties of each position and information
on when the regular meetings of the body in question are held.
C. The listing shall be posted in conspicuous places in the Courthouse, provided
to all county council members, public libraries and city halls in the county, and be
made available to the public and news media at no charge.
D. Persons expressing an interest in applying for appointment to a council -
appointed position on a board, commission or committee shall be given an
application form which they must complete and file with the clerk, giving their
name, address, telephone number, occupation and relevant qualifications. The
applications shall be kept on file in the clerk's office.
49
E. Persons expressing an interest in applying for appointment to an executive -
appointed position on a board, commission or committee shall be given an
application form which they must complete and file with the executive's office,
giving their name, address, telephone number, occupation and relevant
qualifications. The applications shall be kept on file in the executive's office.
F. In fulfilling the obligations of this section, the clerk shall seek the cooperation
of the executive and may accomplish his/her obligations through joint action with
the executive's office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030
(part)).
2.03.090 Qualifications.
To qualify for appointment by the council and/or executive to fill any vacancy on
a board, committee or commission, a person shall be a qualified registered voter
resident of the district, agency, or group he or she is appointed to represent on a
specific board, committee or commission meeting all of the qualifications of Section
4.20 of the Whatcom County Charter. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A;
Ord. 91-030 (part)).
50
Chapter 2.03
BOARDS AND COMMISSIONS
Sections:
2.03.010 Election of councilmembers as representatives to various boards and
commissions.
2.03.020 Terms.
2.03.025 Removal.
2.03.030 Limited terms.
2.03.040 Executive's terms.
2.03.050 Effective date.
2.03.060 Appointment of non-councilmembers to boards, commissions and
committees.
2.03.065 Appointment of planning commission members.
2.03.070 Confirmation of appointments.
2.03.075 Review of nominees and executive appointees.
2.03.080 Vacancies on citizen boards, committees and commissions.
2.03.090 Qualifications.
2.03.010 Election of councilmembers as representatives to various boards and
commissions..
A. Each year at its annual meeting, the county council shall elect its representatives
who shall serve until the next annual meeting to the various boards and commissions on
which it must appoint its own members to serve.
B. This annual election for one-year terms shall begin in January, 1981. (Ord. 2001-
028 Exh. A; Ord. 95-006 Exh. A; Res. 80-12 §§ 1, 2).
2.03.020 Terms.
A. The term of office for the board of equalization shall be three years pursuant to
RCW 84.48.026.
B. All other appointments to boards, committees and commissions of non-
councilmembers made by the council shall be for a term no longer than four years, and
shall expire on OeGernbeF January 315t (in order for "new" councilmembers that
come on board in January to get in on appointments) of the specified year, except for
those appointments made to fill an incomplete term in which case it shall be for the
balance of that term.
C. Term lengths for those members first appointed to newly created boards,
committees and commissions shall be staggered so that the terms of future members
do not expire on the same date. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-
003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
2.03.025 Removal.
In circumstances where the council has the authority to remove from office a member
of a board, committee, or commission prior to the expiration of the board, committee or
commission member's term of office, the council shall make such removal only upon the
proper grounds specified in law. In the absence of such guidance in law, the council
shall not remove a member from office without having given the member an opportunity
51
to be heard by the council, if so requested. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A;
Ord. 93-003 Attachment E (part); Res. 83-19 (part); Res. 80-13 § 1 (part)).
2.03.030 Limited terms.
No board, commission or committee member shall serve more than two consecutive
full terms;*** DELETE *** however, after serving two consecutive full terms a
citizen may become eligible for re -appointment to a board, commission or
committee after a period of not less than one year of separation from the respective
board, commission or committee on which they have previously
DELETE *** The first term of all members appointed to a newly eFea board,
commission or committee shall be considered a full term for the purpose of this
section, regardless of initial staggeFed term length. (Ord. 2001-028 Exh. A; Ord.
95-006 Exh. A; Ord. 93-003 Attachment E (part); Res. 80-13 § 2).
2.03.040 Executive's terms.
Those positions to which the county council appoints the executive to serve shall be
for -the executive's term of office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-
003 Attachment E (part); Res. 80-13 § 3).
2.03.050 Effective date.
The term of office limitations shall apply to all appointments made by the county
council since May 1, 1979. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003
Attachment E (part); Res. 80-13 § 4).
. ,
GGmrnissions and
r.ornmatieec
r
2.03.060 Appointment of non-councilmembers to boards,
commissions and committees.
For appointment by the council of non-councilmembers to those boards,
commissions, and committees performing either an administrative or a
legislative function, council shall advertise a vacancy and include an
52
application deadline. Councilmembers shall make nominations from the list
of applicants at a regularly scheduled council meeting not less than 14
days after -the application deadline. Nominations for appointment to any
position having a residency requirement as to council district shall be made
only by the councilmembers from the district or the councilmember at large.
Such appointments shall be made by majority roll call vote of the entire
council or by general consent in the case of only one applicant for a given
vacancy._(Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 93-003
Attachment E (part); Ord. 91-030 (part)).
2.03.065 Appointment of planning commission members.
Council members will follow the procedure set forth in WCC 2.03.060 when making
nominations and appointments to -the planning commission. (Ord. 2001-028 Exh. A;
Ord. 95-006 Exh. A; Ord. 93-003 Attachment E (part)).
2.03.070 Confirmation of appointments.
A. Council confirmation of executive appointments shall be handled in the following
manner: The executive shall present in writing to the council office no later than seven
days before the council meeting at which action is requested, the names of his
appointments, positions and terms to which they are to be appointed, information on the
appointees' qualifications or background, and any other information the executive
deems appropriate, except in the case of executive appointments to executive and
administrative offices, in which case, this information shall include a job description and
a resume. This information shall also be made available upon request to the public.
B. The council shall confirm or reject appointments by the county executive within 30
days of the date the names are submitted to it; failure to act within this time period shall
cause the appointees to be deemed confirmed. Confirmation or rejections shall be by
majority roll -Gall vote of the entire council. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A;
Ord. 93-003 Attachment E (part); Ord. 91-630 (part)).
2.03.075 Review of nominees and executive appointees.
A. Council members will individually be responsible for meeting or contacting
individuals nominated to serve on a board, commission, or committee, and individuals
whose appointment by the executive is scheduled for confirmation by the council, prior
to the council's consideration of the nomination or request for confirmation.
B. The council chairperson may arrange for the council interview of the nominee or
the recommended executive appointee prior to the regularly scheduled council meeting
at which appointment or confirmation will be considered.
C. The names of recommended appointees by the executive, and the names of
nominees by council members, shall be published on the agenda for the council
meeting at which action is to be taken in filling a position or confirming an appointment.
(Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A)
2.03.080 Vacancies on citizen boards, committees and commissions.
A. The clerk of the council shall cause to be compiled and published annually a listing
of vacancies and anticipated vacancies on all citizen boards, committees and
commissions, within the appointive jurisdiction of both the council and the executive.
B. The listing shall state the title and term of office of each position, residency
requirements (if any), the appointing authority, and an address and telephone number
53
for obtaining further information or for making applications. The listing shall also include
a brief description of the duties of each position and information on when the regular
meetings of the body in question are held.
C. The listing shall be posted in conspicuous places in the Courthouse, provided to all
county council members, public libraries and city halls in the county, and be made
available to the public and news media at no charge.
D. Persons expressing an interest in applying for appointment to a council -appointed
position on a board, commission or committee shall be given an application form which
they must complete and file with the clerk, giving their name, address, telephone
number, occupation and relevant qualifications. The applications shall be kept on file in
the clerk's office.
E. Persons expressing an interest in applying for appointment to an executive -
appointed position on a board, commission or committee shall be given an application
form which they must complete and file with the executive's office, giving their name,
address, telephone number, occupation and relevant qualifications. The applications
shall be kept on file in the executive's office.
F. In fulfilling the obligations of this section, the clerk shall seek the cooperation of the
executive and may accomplish his/her obligations through joint action with the
executive's office. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030 (part)).
2.03.090 Qualifications.
To qualify for appointment by the council and/or executive to fill any vacancy on a
board, committee or commission, a person shall be a qualified registered voter resident
of the district, agency, or group he or she is appointed to represent on a specific board,
committee or commission meeting all of the qualifications of Section 4.20 of the
Whatcom County Charter. (Ord. 2001-028 Exh. A; Ord. 95-006 Exh. A; Ord. 91-030
(part)).
54
an Hanson - Re. Boards and Commission uestion Pa e 1
From:
David Grant
To:
Nadean Hanson
Date:
7/12/01 5:19PM
Subject:
Re: Boards and Commission question
Under the new WCC 2.03.030 it looks to me like the person must sit out one term, not year, before going
back on the board for the two more terms.
>>> Nadean Hanson 07/12/01 12:20PM >>>
I have searched and cannot find any answer to this question so here goes:
If a Board members serves a partial term, and then serves two consecutive full terms, how long do they
have to wait until they can serve again? Must they wait a year or the full amount of one term? More
than likely there would not be a position open until a full term has been served but there is always the
chance that someone might move to another district or someone resigns. The Board of Equalization was
wondering about this.
Thanks for you help.
NaDean
55
Page 1 of 1
RCW 36.70.110
Comyniss:on -- Removal.
After public hearing, any appointee member of a commission may be removed by the chair of the board,
with the approval of the board, for inefficiency, neglect of duty, or malfeasance in office.
[2009 c 549 § 4109; 1963 c 4 § 36.70.110. Prior: 1959 c 201 § 11.]
56
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Page 1 of 1
RCW 36.70.040
Department -- Creation -- Creation of commission to assist department.
By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as
provided in RCW 36.70.030, create a planning department which shall be organized and function as any
other department of the county. When such department is created, the board shall also create a planning
commission which shall assist the planning department in carrying out its duties, including assistance in
the preparation and execution of the comprehensive plan and recommendations to the department for the
adoption of official controls and/or amendments thereto. To this end, the planning commission shall
conduct such hearings as are required by this chapter and shall make findings and conclusions therefrom
which shall be transmitted to the department which shall transmit the same on to the board with such
comments and recommendations it deems necessary.
[1963 c 4 § 36.70.040. Prior: 1959 c 201 § 4.]
57
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Page 1 of 1
RCW 36.70.080
Commission -- Appointment -- County.
The members of a commission shall be appointed by the chair of the board with the approval of a
majority of the board: PROVIDED, That each member of the board shall submit to the chair a list of
nominees residing in his or her commissioner district, and the chair shall make his or her appointments .
from such lists so that as nearly as mathematically possible, each commissioner district shall be equally
represented on the commission.
[2009 c 549 § 4107; 1963 c 4 § 36.70.080. Prior: 1959 c 201 § 8.]
58
http://www.mrsc.org/mc/rcw/RCW%20%2036%20%20TITLE/RCW%20%2036%20.%20... 6/15/2010
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 236
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
B. Brenner
7/6/2010
7/13/2010
Council
Division Head:
Dept. Head.•
Prosecutor:
Purchasin Bud et:
Executive:
TITLE OF DOCUMENT.
Discussion re: Quiet Title of County rights -of -way
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Discussion regard quiet title of county rights -of -way
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.whatconLwa.uslcouncil.
59
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
AB2010-269
CLEARANCES
Initial
Pate
Date Received in Council Qfffice
Agenda Date
Assigned to:
ZO
PW Committee/
Originator:
JPR
711312010
Introduction
Public Hearing/
Division Head:
JPR
1
I1 M �{ u E D
712712010
Adoption
Dept. Head:
% 1 o
"
J U L 0 6 2010
ETC O M COUNTY
Prosecutor:
3, to
Purchasing/Budget:
& V
d7ld
Executive:
_ (li �l0
COUNCIL
TITLE OF DOCUMENT:
Resolution in the matter of the Whatcom County Six -Year Transportation Improvement Program for the years
2011 through 2016
ATTACHMENTS.
1. Memo to County Executive and Council
Attachment "A" - 2011-2016 Capital Project Priority Order and Financial Distribution by Year
Attachment `BI-B4"- Road Fund Balance, Revenue, Expenditure, and Capital Funding Projections
Attachment "C" - Roadway Priority Rating Program
Attachment "D" - Bridge Report
2. 2010-2015 Six Year Transportation Improvement Program Resolution
Exhibit "A"- 20112016 Six -Year Transportation Improvement Program
Exhibit `B"- 2011-2024 Fourteen -Year Ferry Capital Program
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing? (X ) Yes ( ) NO
SEPA review completed? ( ) Yes (X) NO
Requested Date: 712712010
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.)
Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per
RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the
Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded
projects and is designed to identify projects for preliminary engineering, right-of-way purchase andlor
construction.
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.waus/counciL
WHATCOM COUNTY JOSEPH P. RUTAN, P.E.
PUBLIC WORKS DEPARTMENT �c�M Me
County Engineer/Assistant Director
3 322 N. Commercial Street, Ste 301
Bellingham, WA 98225-4042
Frank M. Abart Phone: (360) 715-7450
Director �gNING Fax: (360) 715-7451
Memo
To: The Honorable Pete Kremen, Whatcom County Executive, and
Honorable Members of the Whatcom County Council
Through: Frank M. Abart, Director " /547/ f/( 0
From: Joseph P. Rutan, P.E., County Engineer/Assistant Directory�t_
Date: June 29, 2010
Re: Six -Year Transportation Improvement Program, 2011-2016
PW Committee Work Session, Introduction, Public Hearing and Adoption
Requested Action:
The Department of Public Works requests that a Council Public Works Committee work session be scheduled for July
13th, for discussion of the information attached to this memorandum regarding the 2011-2016 Six -Year Transportation
Improvement Program (STIP). If approved by the Committee we request that the STIP Resolution and its associated
exhibits, 2011-2016 Six -Year Transportation Improvement Program and 2011-2024 Fourteen -Year Ferry Capital Program,
be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at
the July 27, 2010 County Council meeting, with the resolution potentially adopted at said meeting.
Background and Purpose:
Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW
36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015.
The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Capital Program which is Exhibit `B"
of the resolution.
Information:
1- Memorandum to County Executive and Council
Attachment "A" - 2011-2016 Capital Projects Financial Distribution by Year.
Attachment `B 1 "- Road Fund Balance Projections
Attachment `B2"- Road Fund Revenue Projections
Attachment `B3"- Road Fund Expenditure Projections
Attachment `B4) — Funds Available for Capital Projects
Attachment "C" - Roadway Priority Rating Program
Attachment "D" - Bridge Report
Attachment "A" is a simplified form of Exhibit "A" to the STIR This simplified form shows priority order of
proposed projects as well as expenditures by year. This is being provided in order to facilitate the Public Works
Committee work session. Changes made to this form by the Public Works Committee will then be transferred to
Exhibit "A" of the Resolution for introduction and eventual adoption.
2- 2011-2016 Six Year Transportation Improvement Program Resolution
Exhibit "A"- 2011-2016 Six -Year Transportation Improvement Program
Exhibit `B"- 2011-2024 Fourteen -Year Ferry Capital Program
61
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••
Attachment "C"
2010
Rating
UC
28
29
30
31
32
36
38
38
38
38
38
38
38
39
39
40
40
40
41
41
41
41
41
41
41
41
42
42
42
42
42
42
43
43
43
43
43
43
44
44
44
44
44
44
44
44
44
44
45
45
45
Road Name
Yew Street Road
Lake Whatcom Boulevard
Lake Whatcom Boulevard
Lake Whatcom Boulevard
North Shore Road
Lincoln Road
Marine Drive
Lake Whatcom Boulevard
Marine Drive
Marine Drive
Mountain View Road
North Shore Road
South Pass Road
Van Wyck Road
North Telegraph Road
South Pass Road
Haxton Way
Lake Louise Road
Yew Street Road
Axton Road (E)
Bennett Drive
Cain Lake Road
Lake Louise Road
Marine Drive
Marine Drive
Semiahmoo Drive
Shintaffer Road
Bakerview Road (W)
Beach Way
Drayton Harbor Road
Goodman Road
Harborview Road
Wiser Lake Road (E)
Cedarville Road
Lake Louise Road
Nugent Road
Nugent Road
Van Buren Road
Vista Drive
Badger Road (W)
Goshen Road
Kickerville Road
Lake Whatcom Boulevard
Mosquito Lake Road
Mosquito Lake Road
Silver Lake Road
South Bay Drive
Van Buren Road
Wiser Lake Road (W)
APA Road
Lake Samish Drive (W)
Mosquito Lake Road
2010
Whatcom County
Priority Rating Program
From
Spring Valley Dr (private)
Southern Ct (private)
Cable Street
Seaplane Road
Bellingham C/L
Shintaffer Road
Old Marine Drive
Lake Louise Road
Wynn Road
Alderwood Avenue
Olson Road
MP 1.00
Goodwin Road
Hannegan Road
Sorenson Road
North Pass Road
Kwina Road
UAB
Spring Valley Dr (private)
SR 539
Airport Drive
NE Cain Lk Rd
Sudden Valley Campground
Kwina Road
Ferndale Road
Elderberry Lane
Lincoln Road
Bellingham C/L
Slater Road
Harborview Road -
Johnson Road
Lincoln Road
SR 539
Goshen Road
Lake Whatcom Boulevard
Legoe Bay Road
Ferry Dock
Hampton Road
Ferndale C/L
Sunrise Road
Fazon Road
Bay Road
MP 2.07
Township Line
North Fork Road .
SR 542
Lake Whatcom Boulevard
MP 3.34
Ritter Road
Tyee Drive
Nulle Road
Hutchinson Creek
To
Tacoma Av (private)
South Bay Drive
Strawberry Point Road
Lake Louise Road
MP 1.00
Harborview Road
Alderwood Avenue
Southern Ct (private)
Old Marine Drive
McAlpine Rd
Ferndale C/L
Y Road
North Pass Road
SR 542
Badger Road (E)
Frost Road
Slater Road
Austin Street
Samish Way
Hannegan Road
Bakerview Road (W)
Lake Whatcom Boulevard
UAB
Ferndale Road
Rural Avenue
Blaine C/L
Birch Bay Drive
Bennett Drive
Sucia Drive
Blaine Road
Meadow Lane
Drayton Harbor Road
Hannegan Road
SR 542
Gate 5 (SV)
Granger Road
Blizard Road
Lindsay Road
Grandview Road
Markworth Road
Cedarville Road
Arnie Road
Seaplane Road
North Fork Road
SR 542
Rock Quarry
Brannigan Creek
Halverstick Road
SR 539
Boundary Bay Road
Summerland Road
Middle Fork Bridge
Length
0.28
2.25
1.50
1.39
1.00
0.74
0.22
0.63
0.44
0.51
0.77
1.87
1.74
2.15
2.19
4.16
1.82
0.60
0.71
1.97
0.26
0.37
1.13
0.90
0.67
0.96
0.60
0.33
0.36
0.90
0.25
0.47
2.12
1.39
0.50
0.20
1.01
0.55
1.67
2.01
1.23
1.01
1.17
1.94
0.95
3.22
2.77
1.41
2.68
1.50
1.73
3.97
FFC
16
7
17
17
16
7
16
7
16
16
16
16
7
7
8
7
16
16
7
17
7
7
7
7
7
7
17
8
7
8
8
8
7
8
8
7
17
7
8
8
17
8
8
8
8
8
8
Page 1 of 6
67
2010
Whatcom County
Priority Rating Program
2010
Rating
Road Name
From
To
Length
FFC
45
Northwood Road
Badger Road (E)
Pangborn Road
1.00
8
45
Northwood Road
Pangborn Road
Halverstick Road
1.01
8
45
Nugent Road
Blizard Road
West Shore Drive
1.48
8
45
Rural Avenue
Curtis Road
Ferndale C/L
0.58
17
45
Slater Road
R/R Crossing
Ferndale C/L
0.25
16
45
Slater Road
Ferndale C/L
Pacific Highway
0.29
16
46
Birch Bay Drive
Alderson Road
Harborview Road
1.12
7
46
Goodwin Road
Sorenson Road
South Pass Road
- 1.00
8
46
H Street Road
Axling Road '
Sunrise Road
3.78
7
46
Hovander Road
Smith Road (W)
Ferndale C/L
0.29
16
46
Kickerville Road
Arnie Road
Birch Bay Lynden Road
1.01
8
46
Lake Samish Drive (W)
Summerland Road
Lake Samish Drive (N)
0.87
8
46
Laurel Road (E)
SR 539
Hannegan Road
1.97
8
46
Silver Lake Road
Rock Quarry
South Pass Road
2.67
8
46
Siper Road
MP 0.81
Hopewell Road
0.99
8
46
Tyee Drive
Benson Road
Roosevelt Road
0.95
7
47
Bakerview Road (W)
Bennett Drive
Bellingham C/L
0.26
16
47
Bay Road
Kickerville Road
Bruce Road
2.76
8
47
Benson Road
Teller Road
Boundary Bay Road
1.75
8
47
Birch Point Road
Semiahmoo Drive
Birch Bay Village Entrance
1.58
7
47
Gooseberry Spur
Lummi view Drive
Ferry Dock
0.05
7
47
Hopewell Road
Siper Road
Goodwin Road
0.23
8
47
Johnson Road
James Road
Boundary Bay Road
1.18
8
47
Lake Louise Road
UAB
Sudden Valley Campground
1.72
7
47
Legoe Bay Road
Nugent Road
West Shore Drive
1.67
8
47
Lummi Shore Road
Cagey Road
Marine Drive
2.76
8
47
Lummi Shore Road
Lummi View Drive
MP 0.91
0.64
8
47
Marine Drive
Bancroft Road
Wynn Road
0.20
16
47
Mosquito Lake Road
Middle Fork Bridge
Township Line
2.67
8
47
North Telegraph Road
Badger Road (E)
Sumas Road
1.88
8
47
Northwest Drive
Pole Road (W)
Ritter Road
0.84
8
47
Northwood Road
Hampton Road
UAB
0.75
8
47
South Pass Road
Frost Road
Kendall Road
1.24
7
47
South Pass Road
Kendall Road
Silver Lake Road
4.99
8
47
Vista Drive
Grandview Road
Bay Road
1.61
8
47
West Shore Drive
Legoe Bay Road
Nugent Road
2.31
8
47
Y Road
North Shore Road
Jensen Road
1.87
8
48
Ferndale Road
Ulrich Road
Ferndale C/L
0.38
16
48
Hemmi Road (E)
Hannegan Road
Everson Goshen Road_
3.05
8
48
Laurel Road (W)
Aldrich Road
SR 539
1.51
8
48
Maplewood Avenue (W)
Bellingham C/L
Bakerview Road (W)
0.26
14
48
Mosquito Lake Road
Old Garbage Dump Road
Hutchinson Creek
3.17
8
48
Mountain View Road
Lake Terrell Road
Olson Road
2.00
7
48
Slater Road
Lake Terrell Road
Haxton Way
2.50
7
48
South Bay Drive
Brannigan Creek
Park Road
0.94
8
49
Cain Lake Road
Skagit County Line
NE Cain Lk Rd
1.80
7
49
Curtis Road
Country Lane
Rural Avenue
1.50
17
49
Fazon Road
Goshen Road
Hemmi Road (E)
0.77
8
49
Goodwin Road
South Pass Road
Hopewell Road
2.54
8
49
Grandview Road
Point Whitehorn Way
Jackson Road
0.98
7
49
Halverstick Road
Northwood Road
Van Buren Road
3.54
8
49
Halverstick Road
Van Buren Road
Crape Road
1.02
8
Page 2 of 6
68
2010
Whatcom County
Priority Rating Program
2010
Rating Road Name
From
To
Length
FFC
49
Halverstick Road
Crape Road
Garrison Road
1.00
8
49
Hannegan Road
Van Wyck Road
Smith Road (E)
2.02
7
49
Lake Louise Road
Gate 5 (SV)
UAB
0.11
17
49
Lake Samish Drive (N)
Lake Samish Drive (W)
Lake Samish Drive (E)
0.93
8
49
Laurel Road (W)
UAB
Aldrich Road
0.49
8
49
Marine Dr / Edwards Dr
Gulf Road
Marina rive
1.27
8
49
Marine Drive
Gulf Road
Roosevelt Road
1.27
8
49
Meadow Lane
Goodman Road
Roosevelt Road
0.26
8
49
Nugent. Road
Sunrise Road
Legoe Bay Road
1.13
8
49
Olson Road
Aldergrove Road
Mountain View Road
1.99
8
49
Portal Way
Birch Bay Lynden Road
Blaine C/L
3.73
7
49
Smith Road (E)
Noon Road
Mission Road
2.01
7
49
Smith Road (E)
Mission Road
SR 542
2.24
7
50
Birch Bay Drive
Shintaffer Road
Birch Point Road
0.66
7
50
Birch Bay Lynden Road
Portal Way
MP 4.20
0.54
7
50
Drayton Harbor Road
Blaine C/L
Harborview Road
1.16
8
50
Ferndale Road
Slater Road
Ulrich Road
1.05
7
50
H Street Road
SR 539
Axling Road
1.24
7
50
H Street Road
Sunrise Road
Blaine C/L
2.72
7
50
Hampton Road
UAB
Northwood Road
1.66
7
50
Hannegan Road
Smith Road (E)
Ten Mile Road
2.57
7
50
Haxton Way
Mackenzie Road
Balch Road
0.94
7
50
Hemmi Road (E)
Everson Goshen Road
Mission Road
1.00
8
50
Jackson Road
Birch Bay Drive
Grandview Road
1.43
8
50
Kickerville Road
Rainbow Road
Grandview Road
2.01
7
50
Laurel Road (W)
Northwest Drive
UAB
0.50
17
50
Mosquito Lake Road
SR 9
MP 0.94
0.94
8
50
Mosquito Lake Road
MP 0.94
Old Garbage Dump Road
0.74
8
50
Old Samish Road
MP 2.51
Bellingham C/L
0.69
8
50
Portal Way
Grandview Road
Faris Road
1.38
16
50
Slater Road
Haxton Way
Ferndale Road
1.47
7
50
Slater Road
Ferndale Road
R/R Crossing
1.38
7
50
Smith Road (W)
Hovander Road
Ferndale C/L
0.17
16
50
Sunrise Road
Nugent Road
Seacrest Drive
0.75
8
50
Van Buren Road
Lindsay Road
Badger Road (E)
1.00
7
50
Van Dyk Road
Theil Road
Everson Goshen Road
2.62
8
51
Airport Drive
Alderwood Avenue
Airport Way
0.46
16
51
Alderwood Avenue
Marine Drive
Airport Drive
0.34
16
51
Alderwood Avenue
Airport Drive
Bellingham C/L
0.71
17
51
Boundary Bay Road
APA Road
Johnson Road
1.00
8
51
Lake Samish Drive (N)
Lake Samish Drive (E)
Old Samish Road
0.87
8
51
Lummi View. Drive
Lummi Shore Road
Goosebery spur
1.69
8
51
Nulle Road
Lake Samish Drive (W)
1-5
0.62
8
51
Rock Road
Sumas Road
Nims Road
2.90
8
51
Roosevelt Road
Marine Drive
Tyee Drive
0.93
8
51
Seacrest Drive
Sunrise Road
Scenic Estates
1.21
8
51
Sunrise Road
Badger Road (W)
H Street Road
2.02
7
51
Weidkamp Road
Badger Road (W)
H Street Road
1.96
8
51
Y Road
Jensen Road
SR 542
2.55
8
52
Airport Drive
Airport Way
Bennett Drive
0.30
16
52
Birch Bay Lynden Road
Delta Line Road
Enterprise Road (N)
1.90
7
52
Everson Goshen Road
Smith Road (E)
Hemmi Road (E)
2.01
7
Page 3 of 6
69
2010
Whatcom County
Priority Rating Program
2010
Rating Road Name
From
To"
Length
FFC
52
Everson Goshen Road
Hemmi Road (E)
Pole Road (E)
2.08
7
52
Hampton Road
Northwood Road
Slotemaker Road
0.75
7
52
Hampton Road
Slotemaker Road
Van Buren Road
2.24
7
52
Harksell Road
Enterprise Road
Enterprise Road (N)
0.38
7
52
Hemmi Road (E)
SR 539
Hannegan Road
1.97
8
52
Lummi View Drive
Gooseberry Spur
Mackenzie Rd / Haxton Wy
0.44
7
52
Northwest Drive
Smith Road (W)
Axton Road (W)
1.00
16
52
Olson Road
Vista Drive
Aldergrove Road
1.90
8
52
Portal Way
Faris Road
Birch Bay Lynden Road
2.85
7
52
South Pass Road
Nooksack C/L
Goodwin Road
1.23
7
52
Van Dyk Road
Hannegan Road
Theil Road
0.98
8
53
Bay Road -
Blaine Road
Kickerville Road
0.98
7
53
Breckenridge Road
Nooksack C/L
Sorenson Road
1.12
.8
53
Cedarwood Avenue
Bennett Drive
Bellingham C/L
0.10
17
53
Country Lane
Rural Avenue
Bancroft Road
0.82
16
53
Ferndale Road
Marine Drive
Slater Road
1.89
7
53
Grandview Road
UAB
Enterprise Road
0.25
7
53
Hannegan Road
Bellingham C/L
Van Wyck Road
0.25
16
53
Lincoln Road
Blaine C/L
Shintaffer Road
0.44
7
53
Pole Road (W)
Northwest Drive
SR 539
2.73
7
53
Siper Road
SR 9
MP 0.81
0.81
8
53
Sucia Drive
BMP
Beach Way
1.87
8
54
Bancroft Road
Marine Drive
Country Lane
0.59
16
54
Berthusen Road
Loomis Trail Road
West Main Street
0.26
8
54
Birch Bay Lynden Road
Harborview Road
Blaine Road
1.00
7
54
Birch Bay Lynden Road
Blaine Road
Portal Way
2.66
7
54
Custer School Road
Creasy Road
Birch Bay Lynden Road
0.50
8
54
Enterprise Road (N)
Harksell Road
Brookwood Drive
0.45
7
54
Everson Goshen Road
SR 542
Smith Road (E)
1.99
7
54
Haxton Way
Balch Road
Kwina Road
3.28
7
54
Loomis Trail Road
Blaine Road
Portal Way
1.75
8
54
Loomis Trail Road
Bob Hall Road
Berthusen Road
2.05
8
54
Portal Way
Brown Road
Grandview Road
0.72
16
54
Roosevelt Road
Tyee Drive
Meadow Lane
1.37
8
54
Slater Road
Pacific Highway
Northwest Drive
0.74
16
54
Slater Road
Beach Way
Lake Terrell Road
1.09
8
55
Birch Bay Drive
Point Whitehorn Way
State Park (north gate)
0.76
7
55
Birch Bay Drive
State Park (north gate)
Alderson Road
1.18
7
55
Birch Bay Drive
Harborview Road
Shintaffer Road
0.97
7
55
Birch Bay Lynden Road
Berthusen Road
Tromp Road (city limits)
0.52
16
55
Birch Bay Lynden Road
Enterprise Road (N)
Rathbone Road
2.03
7
55
Birch Point Road
Birch Bay Village Entrance
Birch Bay Drive
0.40
7
55
Cottonwood Avenue
Bennett Drive
Bellingham C/L
0.09
17
55
Northwest Drive
Axton Road (W)
Paradise Road
0.76
16
55
Semiahmoo Drive
Birch Point Road
Elderberry Lane
1.49
7
55
Sorenson Road
Breckenridge Road
North Telegraph Road
0.47
8
55
Weidkamp Road
Loomis Trail Road
Badger Road (W)
1.02
8
56
Badger Road (E)
Garrison Road
North Telegraph Road
0.33
8
56
Birch Bay Lynden Road
MP 4.20
Delta Line Road
1.82
7
56
Birch Bay Lynden Road
Rathbone Road
Berthusen Road
1.01
7
56
Grandview Road
1-5
UAB
0.29
16
56
Harborview Road
Birch Bay Drive
Lincoln Road
1.17
7
Page 4 of 6
70
2010
Whatcom County
Priority Rating Program
2010
Rating Road Name
From
To
Length FFC
56
Kickerville Road
Grandview Road
Bay Road
1.00
7
56
Lake Terrell Road
Slater Road
Mountain View Road
2.00
7
56
Lake Whatcom Boulevard
Strawberry Point Road
MP 2.07
0.36
17
56
Lummi Shore Road
Kwina Road
Haxton Way
1.08
8
56
Northwest Drive
Paradise Road
Pole Road (W)
2.00
7
56
Samish Way
Old Samish Road
Galbraith Lane
1.51
8
56
Valleyview Road
Birch Bay Lynden Road
Haynie Road
2.45
8
56
Van Wyck Road
BMP
Hannegan Road
0.40
7
57
Bennett Drive
Marine Drive
Airport Drive
1.23
16
57
Britton Road
Emerald Lake Way
Bellingham C/L
1.03
16
57
Lindsay Road
Van Buren Road
Van Buren Road
0.31
7
57
Mountain View Road
Rainbow Road
Lake Terrell Road
0.50
7
57
Park Road
South Bay Drive
SR 9
2.78
8
57
Van Buren Road
Badger Road (E)
MP 3.34
0.63
8
58
Britton Road
SR 542
Emerald Lake Way
0.45
16
58
Bruce Road
Bay Road
Main Street
0.74
8
58
Grandview Road
Enterprise Road
Dahlberg Road
0.48
7
58
Hannegan Road
Scott Ditch
Lynden C/L
1.51
7
58
Kickerville Road
Birch Bay Lynden Road
Loomis Trail Road
1.00
8
58
Main Street
Bruce Road
Custer School Road
0.24
8
58
Northwest Drive
Bellingham C/L
Smith Road (W)
3.09
16
58
Old Samish Road
Lake Samish Drive (N)
MP 2.51
2.51
8
58
Samish Way
Galbraith Lane
Bellingham C/L
1.52
16
59
Axton Road (W)
Northwest Drive
Aldrich Road
1.00
16
59
Baker Lake Road
Skagit County Line
MP 3.93
3.93
7
59
Enterprise Road (N)
Birch Bay Lynden Road
Loomis Trail Road
1.01
8
59
Hannegan Road
Ten Mile Road
Pole Road (E)
1.52
7
59
Haynie Road
Valleyview Road
Delta Line Road
2.01
7
59
Marina Drive
Edwards Drive
APA Road
0.56
8
59
Point Whitehorn Road
Grandview Road
Birch Bay Drive
0.57
7
59
Smith Road (E)
SR 539
Hannegan Road
1.96
7
60
Axton Road (W)
Aldrich Road
SR 539
1.50
7
60
Bender Road
Boundary Road (E)
Visser Road
0.37
8
60
Custer School Road
Main Street
Creasy Road
0.77
8
60
Enterprise Road (N)
Brookwood Drive
Birch Bay Lynden Road
1.55
7
60
Lakeway Drive
Bellingham C/L
Terrace Avenue (N)
0.63
16
60
Nulle Road
1-5
Skagit County Line
0.59
7
61
Enterprise Road
Ferndale C/L
Harksell Road
1.79
7
61
Gulf Road
Marine Drive
Tyee Drive
0.65
7
61
Hannegan Road
Pole Road (E)
Scott Ditch
2.00
7
61
Haynie Road
Stadsvold Road
Valleyview Road
1.24
7
61
Stadsvold Road
Haynie Road
Sweet Road
0.52
7
61
Sweet Road
Blaine C/L
Stadsvold Road
1.44
7
61
Terrace Avenue (N)
Lakeway Drive
Cable Street
0.16
16
62
Austin Street
Lake Louise Road
Cable Street
0.37
16
62
Axton Road (W)
Ferndale C/L
Northwest Drive
0.86
16
62
Nugent Road
Granger Road
Ferry Dock
0.19
8
62
Tyee Drive
APA Road
Gulf Road
0.25
7
63
Benson Road
Visser Road
Boundary Road (E)
0.36
8
63
Boundary Road (E)
SR 539
Benson Road
1.07
8
63
Cable Street
Terrace Avenue (N)
Lake Whatcom Boulevard
0.51
16
63
Delta Line Road
Badger Road (W)
Haynie Road
0.48
7
Page 5 of 6
71
2010
Whatcom County
Priority Rating Program
2010
Rating Road Name
From
To
Length
FFC
63
Lummi Shore Road
Smokehouse Road
Cagey Road
1.01
8
63
Northwood Road
Halverstick Road
Boundary Road (E)
0.62
8
63
Smith Road (E)
Hannegan Road
Noon Road
2.02
7
63
Smith Road (W)
Northwest Drive
SR 539
2.50
7
63
Van Buren Road
Everson CIL
Hampton Road
1.09
7
64
Alderson Road
Birch Bay Drive
Blaine Road
0.85
8
64
Grandview Road
Jackson Road
Blaine Road
1.02
7 '
64
Marine Drive
Bennett Drive
Bellingham CIL
0.29
16
64
Tyee Drive
Gulf Road
Benson Road
0.25
7
65
Boundary Road (E)
Bender Road
Northwood Road
1.49
8
65
Country Lane
Bancroft Road
Curtis Road
0.07
17
65
Lummi Shore Road
MP 0.91
Smokehouse Road
1.74
8
65
Rainbow Road
Mountain View Road
Kickerville Road
1.20
7
66
Badger Road (W)
Delta Line Road
Sunrise Road
0.86
7
66
Badger Road (W)
Markworth Road
SR 539
3.05
7
66
Hampton Road
Lynden CIL
UAB
0.04
17
66
Marine Drive
McAlpine Rd
Bennett Drive
0.62
16
66
Yew Street Road
Bellingham CIL
Spring Valley Dr (private)
1.06
16
67
Visser Road
Bender Road
Benson Road
1.00
8
68
Kwina Road
Haxton Way
Lummi Shore Road
0.96
7
69
Loomis Trail Road
Sunrise Road
Bob Hall Road
2.00
8
69
Smith Road (W)
Ferndale CIL
Northwest Drive
0.57
16
78..
Sunrise Road
Birch Bay Lynden Road
Badger Road (W)
2.01
8
Total Lengh = 358.73
Page 6 of 6
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73
PROPOSED BY:
SPONSORED BY: public Works
INTRODUCED: 7.413.4201n
RESOLUTION NO.
WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM
FOR THE YEARS 2011 THROUGH 2O16
WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and
adopt a Six -Year Transportation Improvement Program each year; and
WHEREAS, pursuant to RCW 36.54.015, Whatcom County is required to prepare a
Fourteen -Year Ferry Capital Program each year; and
WHEREAS, following adoption of the Six -Year Transportation Improvement Program, the
law required an annual review of the work accomplished under the program and a
determination of current transportation needs; and
L
WHEREAS, based upon the findings of the annual review, and after a public hearing, a
revised Six -Year Transportation Improvement Program shall be adopted; and
WHEREAS, pursuant to RCW 36.81.121, the Six -Year Transportation Improvement
Program and Fourteen -Year Ferry Capital Program must be consistent with the County
comprehensive plan pursuant to RCW 36.70A; and
WHEREAS, the Six -Year Transportation Improvement Program attached hereto as Exhibit
"A" has been reviewed and determined to be consistent with the County's comprehensive plan;
and
WHEREAS, the Fourteen -Year Ferry Capital Program attached hereto as Exhibit "B" has
been reviewed and determined to be consistent with the County's comprehensive plan;
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows:
Page 1
74
1. That the Whatcom County Six -Year Transportation Improvement Program for the years
2011 through 2016, which is attached hereto as Exhibit "A", including the capital
elements of the first six -years of the Fourteen -Year Ferry Capital Program, which is
attached hereto as Exhibit "B", is hereby adopted.
2. That the County Engineer is directed to file a copy of the same with the County Road
Administration Board and the State Secretary of Transportation.
APPROVED this day of , 2010.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council Sam Crawford, Council Chair
APPROVED AS TO FORM:
Dan Gibson, Civil Deputy Prosecutor
Page 2
75
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Six Year Transportation Improvement Program
Instructions for Completing the Form
Complete the form for the six year program in accordance with the following instructions.
Include all transportation -related projects regardless of location or source of funds.
Heading
Agency
Enter name of the sponsoring agency.
County Number
Enter the OFM assigned number (see LAG Appendix 21.44).
City Number
Enter the OFM assigned number (see LAG Appendix 21.45).
MPO/RTPO
Enter the name of the MPO (if located within urbanized area) or
RTPO (if in the rural area).
Hearing Date
Enter the date of the public hearing.
Adoption Date
Enter the date this program was adopted by councilor commission.
Resolution Number
Enter Legislative Authority resolution number if applicable.
Amendment Date
Enter the date this program was amended by council or commission.
Column Number
1. Functional Classification. Enter the appropriate 2-digit code denoting the Federal Functional
Classification. (Note: The Federal Functional Classification must be approved by FHWA.)
Description
00 - No Classification
Rural (under 5,000 population)
Urban (over 5,000 population)
01
-interstate
11 -interstate
02
- Principal Arterial
12 - Freeways & Expressways
06
- Minor Arterials
14 - Other Principal Arterials
07
- Major Collector
16 - Minor Arterial
08
- Minor Collector
17 - Collector
09
- Local Access
19 - Local Access
2. Priority Numbers. Enter local agency number identifying agency project priority (optional).:.
3. Project Identification. Enter (a) Federal Aid Number if previously assigned; (b) Bridge Number; .M,Projeet.
Title; (d) Street/Road Name or Number/Federal Route Number; (e) Beginning and Ending Termini (Mile.Post or,
Street/Road Names); and (f) Describe the Work to be Completed.
4. Improvement Type Codes. Enter the appropriate federal code number(s).
. Description
01
- New construction on
07
- Resurfacing
14
- Bridge Program Special
new alignment
08
- New Bridge Construction
21
- Transit Capital Project
02
- Relocation
09
- Bridge Replacement
22
- Transit Operational Project
03
- Reconstruction
10
- Bridge Rehabilitation
23
- Transit Planning
04
- Major Widening
11
- Minor Bridge Rehabilitation
24
- Transit Training/Admin
05
- Minor Widening
12
- Safety/Traffic Operation/TSM
31
- Non Capital Improvement
06
- Other Enhancements
13
- Environmentally Related
32
- Non Motor Vehicle Project
5. Funding Status. Enter the funding status for the entire project which describes the current status.
S -Project is `selected' by the appropriate selection body & funding is secured.
P - Project is subject to selection by an agency other than the lead and is listed
for planning purposes and funding has not been determined.
6. Total Length. Enter project length to the nearest hundredth mile (or code "00" if not applicable).
7. Utility Code(s). Enter the appropriate code letter(s) for the utilities that would need to be
relocated or are impacted by the construction project.
C - Cable TV S - Sewer (other than agency -owned)
G - Gas T - Telephone
O - Other W - Water
P - Power
Six Year Transportation Improvement Program
Instructions for Completing the Form
8. Project Phase. Select the appropriate phase code of the project.
PE - Preliminary Engineering, including Design (or Planning)
RW - Right of Way or land acquisition
CN - Construction only (or transit planning or equipment purchase)
ALL - All Phases from Preliminary Engineering through Construction
(Use only in Years 4, 5, & 6)
9. Phase Start Date. Enter the month/day/year (in MM/DD/YY format) that the selected
phase of the project is actually expected to start.
10. Federal Fund Sources. Enter the Federal Fund Source code from the tabib below.
FTA Discretionary for Capital Expenditures
CBI
- Combined Border Infrastructure
5307
- FTA Urban Areas
BIA
- Bureau of Indian Affairs
5309(Bus) - Bus
BR
- Bridge Replacement or Rehab.
5309(FG) - Fixed Guideways
CBDG
- Community Development
5309(NS) - New Starts
Block Grant (HUD)
5310
- FTA Elderly/Disabled
CMAQ
- Congestion Mitigation Air Quality
5311
- FTA Rural Areas
DEMO
- TEA-21 Demo Projects (Selected)
5316
- FTA JARC Rural
Discretionary - Ferry Boat Discretionary, Public Lands
5317
- FTA New Freedom
Highway, Scenic Byways, etc.
REV
- Rural Economic Vitality Program
DOD
- Department of Defense
SRTS
- Safe Routes To Schools
IC
- Interstate Construction
STP(C)
- STP Statewide Competitive Program
IM
- Interstate Maintenance
STP(E)
- STP Transportation Enhancements
IRR
- Indian Reservation Roads
STP(L)
- STP Legistaltive Earmarks
NHS
- National Highway System
STP(S)
- STP Safety Including Hazard and RR
3037
- FTA Job Access/Reverse Commute
STP(R)
- STP Rural Regionally Selected,
STP(U)
- STP Urban Regionally Selected
STP
- STP (WSDOT Use Only)
11..Federal Cost., Enter the total federal cost (in thousands) of the phase regardless of when.the funds will. be spent.
12. State Fund
Code. 'Enter the appropriate code for any of
the listed funds to be used on this project.
CAPP
- County Arterial Preservation Program
PWTF - Public Works Trust Fund
CHAA
- Route Transfer Program
RAP - Rural Arterial Program
(formerly City Hardship Assistance Account)
SCP - Small City Arterial Program
TPP
- Transportation Partnerships Program
(formerly Small City Program)
AIP -
- Urban Arterial Program
SCPP - Small Cities Pavement Preservation
(formerly Arterial Improvement Program
FMSIB - Freight Mobility Strategic Invest. Board
PSMP
- Sidewalk Program
WSDOT - WSDOT funds
(formerly Pedestrian Safety & Mobility Program)
OTHER - Any other unlisted state fund codes
13. State Funds. Enter all funds from the State Agencies (in thousands) of the phase regardless of when
the funds will be spent.
14. Local Funds. Enter all the funds from Local Agencies (in thousands) of the phase regardless of when the
funds will be spent.
15. Total Funds. Enter the sum of columns 10, 12, and 14. (This will auto -total in the STIP software program.)
16-19. Expenditure Schedule - (1st, 2nd, 3rd, 4th thru 6th years). Enter the estimated expenditures
(in thousands) of dollars by year. (For Local Agency use.)
20. Environmental Data Type. Enter the type of environmental documentation that will be required for this
project. Environmental determination must be completed before the Right-of-Way/Construction phase(s) can
be obligated. (This is required for Federally funded projects.)
EIS - Environmental Impact Statement
EA - Environmental Assessment
CE - Categorical Exclusion
21. R/W Certification. If Right of Way acquisition is required, enter R/W Certification Date, if known.
(This is required for Federally funded projects .)
�
s � r 4.t Y e�, e •�
r�Y�
..,.IA ONKW_\NIWAmN.1O
•M
�`i
Overview
This program provides a blueprint for the effective, efficient, and continuing
operation of the, Whatcom County Ferry System. Capital improvements are
scheduled based on 83 years of experience operating and maintaining the
system, while complying with applicable regulations.
Inevitably, priorities and available funds for the ferry system will change over the
fourteen years projected in this program. Therefore, the intention of the program
is to be a guide indicating long-range improvements and anticipated revenues
and expenditures. Strict adherence is not required.
Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The
legislative authority of every county operating ferries shall prepare, with the
advice and assistance of the county engineer, a fourteen year long range capital
improvement plan embracing all major elements of the ferry system. Such plan
shall include a listing of each major element of. the system showing its estimated
current value, its estimated replacement cost, and its amortization period."
Table 1: Ferry System Current and Replacement Values — 2009 meets
applicable requirements, showing the current value, replacement cost, and
amortization periods for the vessels and facilities. The current value of the MN
Whatcom Chief is the book value, calculated from the depreciated original
construction cost and any depreciated improvements/major repairs. The facilities'
current value is book value; original cost less depreciation plus depreciated
improvements.
RCW 36.81.121 (1) states "...the legislative authority of each county, after one or
more public hearings thereon, shall prepare and adopt a comprehensive
transportation program for the ensuing six calendar years .... and for those
counties operating ferries shall also include a separate section showing proposed
capital expenditures for ferries, docks, and related facilities. Copies of the
program shall be filed with the county road administration board and the
secretary of transportation not more than thirty days after its adoption by the
legislative authority..." Subsection .(2) requires expanded information on how a
county will spend all its money on the various facets of the transportation
program. This RCW Section was enacted in 1961. The capital expenditure
portion of Subsection (1) is satisfied by:
Table 2: Projected Revenues defines the known and/or anticipated sources of
operating and capital project funding for the 14-Year Plan.
Table 3: Projected Expenditures includes all other expenditures on the system
that meet Subsection (2) requirements. Operational expenditures are delineated
between vessel and non -vessel costs. U.S. Coast Guard regulations currently
require the ferries to be dry-docked every two years, however to extend the life,
-2- '
87
improve reliability and protect our capital investment Whatcom County schedules
dry-docking every year for its vessel. The landings are inspected regularly as
required by the National Bridge Inspection Standards administered through the
Washington State Department of Transportation. The inspection report helps
identify and schedule major maintenance and replacement of these facilities.
This RCW section also provides the reporting requirement and timing of program
submission, as well as establishing the annual update requirement.
Additionally, the Federal Highway Administration requires all agencies within a
Metropolitan Planning Organization to develop and annually update the long
range Transportation Improvement Plans and their Biennial Element. Whatcom
County updates this 14-Year plan each year and incorporates the results into the
Six -Year Transportation Improvement Program.
Major Project Analysis
The only major upgrade planned for the vessel itself is in 2011. Pending
sufficient grant funding (est. $850,000), a complete replacement of the current
wheelhouse is planned to improve control operations with modern equipment,
improve access and compliance with ADA, and to improve safety of vehicle
loading/unloading operations.
Gooseberry Point dock improvements include $250,000 for structural steel
painting/sealing in 2011. There is an additional $100,000 included in 2012 for
associated dock components that have significant deterioration concerns.
Lummi Island dock improvements include $250,000 for structural steel
painting/sealing in 2011.
Major Maintenance/Reconstruction
Pile, dolphin & fender work:
Major pile dolphin and fender work replacement is scheduled as funding and
operational periods allow.
Vessel dry-docking:
US Coast Guard regulations require periodic inspections of all ferry vessels. In
addition to yearly certifications, each vessel is required to be dry-docked every
two years, with an underwater hull survey required as part of the annual
certification between dry dockings. Whatcom County schedules dry-docking
every year. The engine overhaul, vessel painting, hull repairs, and other major
and minor repairs occur during dry-docking. Propulsion engine overhauls occur
every third year. Generator engines are overhauled on a six -year cycle. Engines
are replaced every seventh overhaul. Every three to five years, a vessel survey
is conducted to assess the vessel's overall condition, establish the fair market
-3-
88
value, estimate replacement cost, and provide a detailed hull strength
assessment. This survey is used in part to determine the requirements for hull
plating and framing replacement, and is also a requirement of the current
insurance carrier.
Minor Maintenance
General minor maintenance is continual on the ferry, landings, aprons, and
waiting facilities. The costs and extent of the work is unpredictable and
frequently problems must be repaired immediately upon detection. Routine
maintenance such as building painting and roof cleaning is more predictable and
scheduled in advance.
History of the Ferry System
The ferry system is the only link for the majority of Lummi Island residents and
vehicles to -the mainland at Gooseberry Point. Total annual passenger use is
stable with vehicle trips of 122,195 and 216,838 total passengers during 2008.
Following is a brief chronology outlining the history of the Whatcom County Ferry
System.
YEAR/EVENT
1926 Lummi Shore Road from Bellingham was completed and a ferry, the
Central, owned by Whatcom County and large enough to hold six small
Model-T Fords started making scheduled runs between Lummi Island and
Gooseberry Point.
1929 The slightly larger Chief Kwina replaces the Central.
1950 Gooseberry Point terminal built.
1962 The MN Whatcom Chief begins service.
1978 Lummi Island terminal is relocated.
1982 New lift mechanism installed on transfer span at Lummi Island.
Gooseberry Point pier refurbished
1987 Gooseberry Point Transfer span, wing walls and dolphins replaced
1997 Major refurbishment of Gooseberry point landing accomplished
2002 20-Year Plan Phase 1 Process and report completed.
2005 Major Status Report on Ferry System
2006 Lummi Island Dock preservation project (Bearing Seats Rebuild).
Major corrosion repair to vessel hull.
Completed design package for a 35-car replacement vessel.
Completed design package for urgent electrical/structural terminal repairs.
First Rate Increase in 5 years.
2008 Rate Increase
2009 Rate adjustment
2009 Emergency wing wall replacement on Lummi Island.
2010 Emergency wing wall replacement on Lummi
-4-
89
ABLE 1. FERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2009
'ESSELS
M/V Whatcom
Current Statistics Chief
LENGTH ft
94
BEAM ft
44
DISPLACEMENT (tons).
78
YEAR BUILT
1962
CAPACITY -- Passengers
100
CAPACITY -- Cars
20
CURRENT INSURED.VALUE - 2009
$970,000
YEAR
2010
CAPACITY -- Passengers
100
CAPACITY -- Cars
20
REPLACEMENT VALUE - 2009(2)
$3,750,000
II[iTaeyd9re7641
Lummi Island Landing
Transfer Span
Dock
Dol hins/Win wall(3)
Parkinq Lots.
Passenger Waiting/Office
Gooseberry Point Landing
Transfer Span
Dock
Dol hins/Win wal1(3)
REPLACE
MENT
YEAR BUILT YEAR
CURRENT REPLACEMENT
BOOK VALUE(4) VALUE - 2009(5)
1982
2022
$195,000
$1,990,000
1978
2018
$23,000
$360,000
1978
2018
$485,000
$1,750,000
2005
2045
$50,000
$85,0Q0
1978
2018
$10.000
$25,000
1987 2027 $445,000 $2,200
1997 2037 $87,000 $590
1997 2037 $640,000 $1,750
DTAL FACILITIES VALUE
DTAL VESSEL & FACILITIES VALUE
OTES:
Depreciated Columbia Sentinel Engineers (2008) Value plus Depreciated Improvements
Appreciated Columbia Sentinel Engineers (2008) Replacement Value
Replace with Steel Pilings
Estimated using a 40-year life and straightline depreciation (including depreciated improvements)
Replacement value based on cost estimates by Art Anderson Associates (2007)
-5-
90
Lummi Island Ferry 14-Year Capital Program
Table 2. Expenditures 2011-2024 Page 1, All in 000's
20111
20121
20131
20141
20151
20161
2017
Operating Expenses
Vessel Operations
Personnel
1,054
1,091
1,130
1,170
1,211
1,254
1,299
Fuel & Operating Supplies
419
507
615
750
772
795
819
Insurance
45
45
50
50
55
55
55
Other Operating Expenses(1)
586
603
621
640
659
679
699
Total Vessel Operations
2,104
2,246
2,416
2,610
2,697
2,783
2,872
Other Operations
Administration
217
224
232
240
248
257
266
Parking Lots
Lummi Island
11
11
12
12
12
13
13
Gooseberry Pt.
89
89
90
91
91
92
92
Staging Areas
Lummi Island
13
13
14
14
14
15
15
Gooseberry Pt.
13
13
14
14
14
15
15
Docks
Lummi Island
42
42
43
43
44
45
45
Gooseberry Pt.
42
42
43
43
44
45
45
Total Operating Expenses
2,531
2,680
2,864
3,067
3,164
3,265
3,363
Capital Expenditures
Major Vessel Upgrades 70 5
Gooseberry Point
..Docks 250 50
Staging 5 5
Parking
Lummi Island
Docks 200 50
Staging 5 5
Parking
Total Capital Program Costs 530 115 - - - - -
Total Costs 3,061 2,795 2,864 3,067 3,164 3,265 3,363
"I
91
Table 2. Expenditures 20114024 Page 2, all in 000's
20181
20191
20201
20211
20221
20231
2024
Operating Expenses
Vessel Operations
Personnel
1,338
1,378
1,419
1,462
1,506
1,551
1,598
Fuel & Operating Supplies
844
878
913
913
950
988
1,027
Insurance
57
59
60
62
64
66
68
Other Operating Expenses(1)
720
742
164
787
810
835
860
Total Vessel Operations
2,959
3,056
3,157
3,224
3,330
3,439
3,552
Other Operations
Administration
274
282
291
299
308
318
327
Parking Lots
Lummi Island
13
14
14
15
15
16
16
Gooseberry Pt.
95
98
101
104
107
110
113
Staging Areas
Lummi Island
15
16
16
17
17
18
19
Gooseberry Pt.
15
15
16
16
17
17
18
Docks
Lummi Island
46
47
49
50
52
53
55
Gooseberry Pt.
46
47
49
50
52
53
55
Total Operating Expenses
3,463
3,576
3,693
3,776
3,898
4,025
4,156
Capital Expenditures
Major Vessel Upgrades
Gooseberry Point
Docks
Staging
Parking
Lummi Island
Docks
Staging
Parking
Total Capital Program Costs
-
-
-
-
-
-
-
Total Costs
3,463
3,576
3,693
3,776
3,898
4,025
4,156
NOTES:
(1)
Includes dry dock costs
-7-
92
Lummi Island Ferry 14-Year Capital Pro ram.
Table 3. Revenues 2011-2024, All in 000's
2011
2012
2013
2014
2015
2016
...2017
Cate o
Punch Card Fares 3
1,043.
1,109
1,190
1,270
1,322
1,366
1,405
Cash Fares 4
261
277
297
320
336
342
351
Memo 55% of Operating Cost 1
1,304
1,386
1,487
1,599
1,652
1,708
1,756
MVFT Deficit Subsidy
160
160
160
160
160
160
170
County Road Fund Subsid7
1,067
1,134
1,217
1,308
1,352
1,397
1,437
Total Revenues
2,531
2,68.0
2,864
3,067
3,164
3,265
3,363
Total Expenditures 2
2,631
2,680
2,864
3,067
3,164
3,2651
3,3.63
Net Unfunded
................................................
....................................
..............................................
....................................
..................
..................
........
........
.........
..................
.........
........
............................
........
..................
....:...
..................
..................
...................
........
........
Category
2018
2019
2020
2021
2022
20.23
2024
Punch Card Fares
1,450
1,499
1,550
1,587
1,641
1,696
75
Cash Fares
362
375
388
307
410
424
19
Memo 55% of Operating Cost 1
1,812
1,874
1,938
1,983
2;051
2,120
94
MVFT Deficit Subsidy
170
170
170
170
170
170
170
County Road Fund Subsidy
1,482
1,533
1,585
1,623
11678
1,735
77
Total Revenues
1 3,464
3,577
3,693
3,776
1 3,899
1 4,025
-
Total Expenditures 2
3,464
3,577
3,693
3,776
3,899
4,025
-
Net Unfunded
-
-
-
-
-
Note 1: After Subtracting the MVFT Deficit Subsidy.
Note 2: As Shown On Table 2.
Note 3: Equal to 80% of Fares
Note 4: Equal to 20% of Fares
-8-
93
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-268
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
1 _ In
� V E
July 13, 2010
Public Works/Council
Division Head:
1
1
JUL 0 6 2010
Dept. Head
d
Prosecutor:
Y-�
04136110
y iHXFCOM COUNTY
COUNCIL
Purchasing/Budget:
Executive:
TITLE OF DO UMENT, 2010-2011 Integrated Roadside Vegetation Management Plan
ATTACHMENTS:
1. Memo to County Executive and County Council
2. 2010-2011 Inte rated Roadside Ve elation Mana ement Plan
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( X) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date.
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this dem 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.)
Request review and approval of the 2010-2011 Integrated Roadside Vegetation 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 County's website at: www.co.whatcom.wa.us/council.
•A
WHATCOM COUNTY �Go'" cot
PUBLIC WORKS DEPARTMENT 3�P tiA MAINTENANCE Et OPERATIONS DIVISION
FRANK M. ABART
Director 901 W. Smith Road
�t' @ Bellingham, WA 98226
4`SNING�G Phone (360) 676-6759
Fax (360)676-6879
Mary A. Green, Superintendent
MEMORANDUM
TO: The Honorable Pete Kremen, County Executive
Honorable Members of the Whatcom County Council
THROUGH: Frank M. Abart, PW Directorily ( pI �1O
FROM: Paul Kelley, PW Road Crew Leader
Mary A. Green, PW Maintenance & Operations Superintenden
RE: 2010-2011 Integrated Roadside Vegetation Management Plan
DATE: June 17, 2010
■ Requested Action
Enclosed is the 2010-2011 Integrated Roadside Vegetation Management Plan submitted for your
review and approval.
■ Background and Purpose
In compliance with Whatcom County Code 12.48.020(G), the annual vegetation management plan is
submitted annually in July to the Whatcom County Council Public Works Committee for review and
final approval.
• Recommended Action
Please approve this plan and forward to the Executive and the Whatcom County Council for review
and approval at the July 13, 2010 Whatcom County Council Meeting. Please contact Mary A. Green
at extension 50657, if you have any questions or concerns regarding the 2010-2011 Integrated
Roadside Vegetation Management Plan.
Enclosures
95
WHATCOM COUNTY
PUBLIC WORKS
DEPARTMENT
MAINTENANCE AND
OPERATIONS
DIVISION
2010-2011
INTEGRATED
ROADSIDE
VEGETATION
MANAGEMENT
PLAN
Frank Abart
Director
Joseph P. Rutan, P.E.
County Road Engineer
Mary A. Green
Maintenance and Operations
Superintendent
Paul Kelley
Vegetation Crew Leader
0
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
MAINTENANCE AND OPERATIONS
DIVISION
2010/2011 INTEGRATED
ROADSIDE VEGETATION
MANAGEMENT
PLAN
Frank Abart Director
Joseph P. Rutan, P.E., County Road Engineer
Mary A. Green, Maintenance and Operations Superintendent
Paul Kelley, Vegetation Crew Leader
97
Table of Contents
Page No.
Forward
4
I. Mission
5
II. Objectives
5
III. Introduction
5
A. Integrated Roadside Management Defined
5
B. Typical Cross Section and General Terminology
6
C. Examples of Benefits of Vegetation Management
7
1. Pavement Drainage
7
2. Safe Visibility
7
3. Cleared Roadway
7
4. Ditch Maintenance
7
IV. Vegetation Management Programs
8
A. Brush Program
8
1. Brush BMP No. 1: Tree Trimming in Right -Of -Way
9
2. Brush BMP No.2: Right -Of -Way Tree Removal
10
3. Brush BMP No.3: Hazard Tree Identification and Removal
11
4. Brush BMP NoA: Detention Pond Maintenance
12
5. Storm water Facility Maintenance and Inspection
13
B. Herbicide Program
14
I. Herbicides
14
A. Minimize Use of Herbicides
14
B. Herbicide Product List for 2005
14
C. Herbicide Notification Process
14
D. Record Keeping
15
E. Geographically Sensitive Areas
15
F. Petitioned No Spray Areas
15
G. Owner Will Maintain Agreement
15
H. Herbicide Program Details
15
II. Herbicide Best Management Practices (BMPs)
1. Herbicide BUT No. 1: Bareground Application
16
2. Herbicide BUT No.2: Dormant Brush Control
17
3. Herbicide BUT No.3: Noxious/Selective Weed Control
18
4. Herbicide BUT NoA: Signpost Treatments
19
5. Herbicide BUT No.5: Guardrail Treatments
20
6. Herbicide BUT No.6: Miscellaneous Projects
21
7. Herbicide BUT No. 7: Selective Knotweed Treatment
22
C. Hydroseeding Program 23
1. Hydroseeding BMP 24
D. Wildflower Islands 25
1. Wildflower BMP 26
E. Mowing Program 27
1. Mowing BUT No. 1: Long -Arm Mowing 28
2. ' Mowing BMP No.2: Shoulder Mowing 29
3. Mowing BMP No. 3: Ditch Maintenance 30
2
98
V. APPENDIX
A. Appendix I
Whatcom County Code Chapter 12.48 "Roadside Vegetation
Management Program"
B. Appendix II
Press Release
C. Appendix III
Public Notice
D. Appendix IV
Roadside Spray Sign Posting
E. Appendix V
Daily Chemical Application Record
F. Appendix VI
Owner Will Maintain Packet including:
Letter to Prior Owner Will Maintain Signatories
Road Right -Of -Way Maintenance Agreement
Indemnification and Hold Harmless Agreement
Owner Will Maintain Spray Options with Explanations
Owner Will Maintain Default Letter
Owner Will Maintain Sign Posting Instructions
Owner Will Maintain Sign
3
99
Forward
The vegetation management practices discussed in this plan provide highly cost effective tools that
help achieve the goals of public safety and the preservation of road integrity. As in past years, the
goal of the 2009-2010 Vegetation Plan continues to be the incorporation of Best Management
Practices in all of our vegetation maintenance while continuing to provide a safe and esthetically
pleasing right-of-way. Staff training, proper equipment, and funding of programs continue to be vital
to support these efforts.
Vegetation management practices that have proven to be successful and cost effective in the past will
continue to be used and improved. For example, our basket truck operator, a Certified Arborist, does
regular tree inspections to identify and remove potentially hazardous trees before they can cause
damage or injury. The vegetation management staff continues to work effectively with the Noxious
Weed Board to address noxious weed infestations on County right-of-way. The use of a hydroseeder
has been a valuable tool in vegetation management and is also used in other road maintenance such as
ditching and shoulder rehabilitation. Vegetation crews perform intersection inspections and
maintenance to improve site distance for safety.
Best Management Practices for each vegetation program will continue to be evaluated for their safety
and effectiveness as we continue to face new challenges.
4
101
I. MISSION
The mission of the 2010/2011 Integrated Roadside Vegetation Management Program is as
follows:
1. Protect the County Road System from encroaching vegetation.
2. Provide a safe environment for the travelling public.
3. Provide an aesthetically pleasing passageway for the travelling public.
4. Eradicate and prevent the spread of noxious weeds.
5. Perform work in accordance with the Endangered Species Act (ESA) and Clean
Water Act.
6. Operate in a cost-effective, business -like manner.
II. OBJECTIVES
The objectives of the 2010/2011 Integrated Roadside Vegetation Management Program are
as follows:
1. Continuous evolution of vegetation Best Management Practices (BMP's) to meet the
evolving requirements derived from the ESA/Clean Water Act and NPDES Phase II
2. Identify and mark Environmentally Critical Areas.
3. Acquire equipment and train staff as necessary to meet ESA/Clean Water Act and
NPDES Phase II requirements.
III. INTRODUCTION
A. Integrated Roadside Vegetation Management Defined
Integrated roadside vegetation management is a decision -making and action process. All
available biological, mechanical, manual, cultural and chemical measures are evaluated.
After choosing the best method for controlling undesirable vegetation implementation takes
place. Whatcom County's program is modeled on the State of Washington's Integrated Pest
Management program as codified in Chapter 17.15 of the Revised Code of Washington.
Specific legislative direction upon which this program is based is codified in Chapter 12.48
"Roadside Vegetation Management Program" of the Whatcom County Code (Appendix I).
As an illustration of the different vegetation management methods available, an example of a
biological control measure is the release of insects to control the spread of a noxious weed; a
mechanical control measure is shoulder mowing with a tractor; a manual vegetation control
measure is trimming a tree with a chain saw; a cultural control measure is the planting of
wildflowers; and, an example of a chemical vegetation control measure is the application of a
herbicide.
5
102
TYPICAL
Back slope
Drainage ditch
Hinge
point
COUNTY ROAD CROSS SECTION
Roadway
Traveled way
Shoulder Cross slope Shoulder
s Hinge
point
Side slope
Clear zone
Side slope
Clear zone
Hinge Point Point where the slope rate changes.
Clear Zone That area along the side of the traveled way including the shoulder
that is available for recovery of an errantvel-Rle.
103
Examples of the Benefits of Vegetation Management
Vegetation management measures are necessary, in general, to protect the road, provide
safety to the travelling public, provide aesthetic value, protect the environment, and to
prevent the spread of noxious weeds as identified by the Whatcom County Noxious Weed
Board. The following are some specific examples of the benefits of vegetation management:
1. Pavement Drainage: If left unchecked, sod builds -up on the road shoulder and
encroaches into the paved.traveled way. Both the sod and its roots are apt to penetrate into
the paved surface, cracking and damaging the road. Additionally, the sod traps and dams
water preventing it from running off the road, thereby saturating the road base. This leads to
accelerated degradation of the roadway. Trapped water at the road edge can lead to
hydroplaning, or during winter, freezing and hazardous road conditions.
Sod at the edge of the traveled way is removed using mechanical means with a motor grader
or is treated by chemical means using herbicide. A well -drained road protects the travelling
public and extends the life of the road surface.
2. Safe,Visibility: If left unchecked, grass, brush, trees, and other vegetation grows in the
shoulder, side slope, drainage ditch, and back slope. The line of sight for automobile drivers
becomes impaired when rounding curves and approaching intersections as well as viewing
road signs such as stop signs and warning signs.
Vegetation is cleared manually using chain saws and weed whackers, mechanically using
long -arm tractor mowers, and chemically using herbicides. A clear line of sight is critical to
the safety of the travelling public.
3. Hazard Trees: If left unchecked, branches and limbs from trees growing in the back
slope encroach onto the roadway, potentially damaging vehicles and impairing visibility.
The trees themselves can become hazardous, particularly during windstorms when they may
blow over. A thick canopy of trees over the road promotes the retention of moisture on the
road, leading to faster degradation of the road. Frost and ice are more likely to form.
Trees in the back slope are cleared manually using chain saws, wand saws, and the basket
truck. A cleared roadway allows for safe passage of the travelling public and promotes
aeration (i.e. quick drying) of the road.
4. Ditch Maintenance: Long -arm mowing of ditches helps promote drainage. This reduces
standing water in ditches, a particular concern because of mosquitoes. It also improves
surface water runoff, as the mowed ditch provides an improved biofiltration function. In
addition, ditch maintenance reduces snow build-up and drifting, especially in the
northeastern areas of the County.
The above examples illustrate just a few of the many benefits of our Integrated Vegetation
Program and how important a part it plays in over-all road maintenance.
7
104
IV. VEGETATION MANAGEMENT PROGRAMS
A. BRUSH PROGRAM
Staff: The brush program is currently staffed with an Equipment Operator who operates the Basket
Truck. In addition, the operator is a Licensed Arborist. Depending on availability, there are four
Road Maintenance Workers, These include the chip truck operator and three maintenance workers to
pull brush and flag traffic. During chip sealing (typically July -August), the Maintenance Workers are
re -assigned and the Operator/Arborist does tree inspections, CIR's (citizen inquiry response), and
intersection maintenance for site distance. The Vegetation Crew Leader provides immediate
supervision. The brush program is utilized 100% of the year.
Equipment: Basket Truck, Chipper, Chipper Truck with knuckle boom and miscellaneous brush -
cutting equipment such as a wand saw and chainsaws. A special chainsaw utilizing peanut oil is used
in environmentally critical areas to limit the use of petroleum products. The chipper truck with
mounted knuckle -boom lifts logs out of ditches thereby minimizing erosion problems due to dragging
the logs and eliminating sawdust in the ditch (i.e. knuckle boom can lift larger logs). Also, minimizes
the potential of back injuries from dragging the logs up the ditch.
Trainingand Licensure:
Ongoing training for Operator/Licensed Arborist. The education and experience this license
represents assists the Vegetation Crew Leader and Crew in identifying hazard trees (i.e. potential
danger to traveling public) and developing a course of action to deal with trees that may pose a
danger.
Adopted 2009 Budget:
Brush Cutting (Manual) $900,000.00
Tasks:
Tree Trimming in right-of-way, tree inspections, problem tree removal, storm damage cleanup, and
property owner notification and education.
Also, with the use of temporary help, manual maintenance of detention ponds, guard rails,
Intersections, road signs, and site distance problems are maintained throughout the year.
Performance Measurement
Tree Trimming — Miles of Roadway Cleared
Hazard Tree Removal — Number of Roads inspected each year with a goal of inspecting each road
every 1-2 years, Number of Hazard Trees Removed, Number of Trees Identified
Tree Chipping — Number of Yards of Chips Produced
Pond Maintenance -Number of ponds maintained, frequency of maintenance
Gen era l
The Vegetation Crew Leader and the Brush Crew work closely with the Public Works Biologist,
especially in critical areas, to insure all work is performed in accordance with ESA permit
requirements. For example, where practicable, work is performed to enhance the environment. This
includes leaving woody debris in ditches where possible, as well as other wildlife enhancements.
8
106
BMP #1: TREE TRIMMING IN RIGHT-O&WAY
♦ DESCRIPTION
Tree trimming in the right-of-way involves properly removing limbs and decayed trees that hang over
the road surface. Limbs are trimmed using a basket truck and a hydraulic chain saw and fuel -powered
chain saws. The Licensed Arborist trains workers on proper pruning and safety. Limbs are trimmed
and fed into a wood chipper. The chip truck operator removes larger logs from right of way for road
safety with the knuckle boom crane.
♦ PURPOSE
Proper trimming of the tree canopy allows the road to warm and dry because of improved air
circulation. Clearing the overhanging canopy allows the sun to warm and dry the road surface.
Keeping the road drier makes the road safer for the public, helping to reduce water retention and frost.
Moisture on the road also causes deterioration of the road surface and the road base. A dry road
surface adds to the life of the road, saving money. In addition, visibility is enhanced.
♦ APPLICATIONS
This BMP may be applied any time of year. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• Inside the 150-foot buffer zone in critical areas unless public safety is jeopardized. In this
case special precautions will be taken to minimize or eliminate any environmental impacts.
♦ BMP APPLICATION GUIDELINES
• Identify and mark critical areas and setbacks.
• Site evaluations prior to maintenance. This would include on site visual inspections and the
use of maps.
• Use of biodegradable oil in a chain saw to be used whenever necessary.
• Crew will be familiar with a spill prevention plan and carry spill kits on site.
• Fueling of equipment will be done using a spill prevention pump and spill guard.
• Trim only what is necessary to provide a safe roadway.
♦ BMP MAINTENANCE
Regularly inspect all tools and equipment for leaks prior to operating.
Ongoing training for staff.
Ongoing updates and enhancements of equipment.
9
107
BMP #2: RIGHT-OF-WAY TREE REMOVAL
♦ DESCRIPTION
When trees are identified to be a potential threat to the public, utilities, or the roadway, the Brush
Crew removes them. Trees are limbed using the basket truck and the hydraulic saw. Then the tree is
felled to the ground using fuel -powered chain saws. Limbs are chipped and the wood chips are used
in other locations.
MIi t 0R"
The purpose of this BMP is to remove trees before they become a hazard. Public safety, road
drainage and visibility, and the elimination of potential hazard trees before they cause injuries or
damage are all considerations in the removal of trees from the right-of-way.
♦ APPLICATION
This BMP may be used in all areas at any time of year.
♦ LIMITATIONS
This BMP should not be used:
Inside the 150-foot buffer zone in critical areas unless public safety is jeopardized. In this case
special precautions will be taken to minimize or eliminate any environmental impacts.
♦ BMP APPLICATION GUIDELINES
Identify and mark critical areas and setbacks.
Site evaluations prior to maintenance. This would include on site visual inspections and the
use of maps.
Use of biodegradable oil in a chain saw to be used whenever necessary.
Crew will be familiar with a spill prevention plan and carry spill kits on site.
Fueling of equipment will be done using a spill prevention pump and spill guard.
Trim only what is necessary to provide a safe roadway.
Use log removal equipment to minimize wood chips, sawdust and soil disturbance. Repair
any disturbed soils using approved methods.
♦ BMP MAINTENANCE
Regularly inspect all tools and equipment for leaks prior to operating.
Ongoing training for staff.
Ongoing updates and improvement of equipment
i
10
BMP #3: HAZARD TREE IDENTIFICATION AND REMOVAL
♦ DESCRIPTION
Hazard trees are those trees that pose an immediate danger to people, public or private property, or
utilities. Dead trees and trees damaged by weather, disease or wildlife may be considered hazard
trees. The Vegetation Crew Leader, the Licensed Arborist, or the Brush Crew may identify these
trees. Reports of Hazard Trees may be received from other crewmembers or the public. Once a tree
has been determined to be a hazard, removal becomes priority. Whatcom County is not responsible
for the removal of any trees located on unmaintained right-of-way per RCW 36.75.080. Requests for
removal of trees will be received by Public Works. If determined to be a hazard to the public and the
right-of-way, they may be trimmed or removed. Equipment used includes the basket truck, hydraulic
saw, fuel -powered saws, and a chipper and chip truck. Limbs are chipped and used in other locations.
♦ PLTRPOSE
The purpose of this BMP is to identify and remove hazard trees.
♦ APPLICATION
This BMP may be used in all areas at any time of year.
♦ LIMITATIONS
Because this BMP involves an immediate threat to human life and/or property, there is no limitation
to its application. In critical areas, special precautions will be taken to minimize or eliminate any
negative environmental impact.
♦ BMP APPLICATION GUIDELINES
• Respond as quickly as possible when notified of a potential hazard tree.
• Locate and determine if the tree is a hazard tree as defined by guidelines.
• Dispatch brush crew as soon as possible for the removal of the tree.
• Use a spill prevention plan and have a spill kit on site.
• In critical areas these precautions will be taken:
1. Use of biodegradable oil in a specially designated chain saw.
2. Fueling of equipment will be done using a spill prevention pump and spill guard.
3. Trim or remove only what is necessary to protect the public and threatened property.
4. Use log removal equipment to minimize sawdust and soil disturbance. Repair any
disturbed soils using approved methods.
Whenever possible, the Licensed Arborist will determine if the tree is a hazard. When the
arborist is unavailable, the crew leader or other trained crew member will make a determination.
♦ BMP MAINTENANCE
Regular inspection of all tools and equipment before operating.
Ongoing training for staff.
Ongoing updates and improvement of equipment
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BMP #4: DETENTION/RETENTION POND MAINTENANCE
♦ DESCRIPTION
Road construction in the County includes the construction of detention/retention ponds that are
designed to provide biofiltration for clean water runoff, and meet the NPDES Phase II
requirements. Maintenance of some of these ponds has been assigned to the Vegetation Crew and
funding comes out of the Brush Program budget. Maintenance includes mowing bio-swales,
bagging and properly disposing of grass clippings, picking up woody debris, and removing
undesirable vegetation. This work is generally done manually with brush saws, and hand pulling.
Temporary Help performs most of the work.
♦ PURPOSE
The purpose of this BMP is to maintain detention ponds so that they may continue to perform the
biofiltration function as designed.
♦ APPLICATIONS
This BMP may be applied any time of year, but most work is generally done during the summer
when vegetation is actively growing.
♦ LIMITIONS
There are no limitations to this BMP.
♦ BMP APPLICATION GUIDELINES
• Check ponds and perform maintenance on a regularly scheduled basis and as
needed.
• Maintenance performed will be specific to the guidelines established for each
individual pond.
• Care will be taken to protect desirable vegetation when removing unwanted
vegetation.
• Grasses should be maintained at a height of 3 to 6 inches.
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STORMWATER FACILITY MAINTENANCE AND INSPECTION
Facility Name
Date
Reason for inspection
Bio-filtration swale:
_ Remove garbage and other debris and dispose of appropriately.
_ Mow grass to 4-5 inches and remove all clippings.
_ Re -seed any bare spots.
Replace or reset riprap at the culvert inlets and outlets.
Clean and repair trash rack.
Remove brush and tree saplings.
Detention &/or Wet Ponds:
_ Remove accumulated sediment if more than 10% of the design pond depth.
_ Re -seed any bare spots.
_ Mow grass to 4-5 inches and remove all clippings.
_ Remove garbage and other debris and dispose of appropriately.
Replace or reset riprap at the culvert inlets and outlets.
Clean and,repair trash rack.
Replace or reset rock for spillway.
Remove vegetation from spillway.
Remove brush and tree saplings.
Control Structures for Detention Ponds and Wet Ponds:
_ Vactor control structure manhole, sump, and storm drains
_ Remove garbage or other debris and dispose of appropriately.
Repair or replace non-functioning shear gate.
Repair or replace any rusted or damaged parts and/or pipes.
Mortar any loose or leaking joints.
Signature
Print & Sign
(annual, storm event, other)
***Please return form to Amy Sattler— Public Works Engineering***
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B. HERBICIDE PROGRAM
I. HERBICIDES
A. Minimize Use of Herbicides
It is the explicit goal of the 20 09/20 10 Integrated Roadside Vegetation Management Program to
minimize the use of herbicides whenever practicable. Considerations include level of vegetation
infestation, economic impacts, and ecologic consequences. When a chemical measure is chosen,
minimization is achieved through proper herbicide selection, timely application, and the lowest
effective rate of herbicide.
Whatcom County is very conscientious in the use of herbicides. All herbicides used are currently
registered by the Environmental Protection Agency and the Washington State Department of
Agriculture. Application of herbicides is in accordance with State Department of Agriculture
standards and chemical labels. Public Works Maintenance and Operations employees who apply the
herbicides are licensed by the Washington State Department of Agriculture. In addition, these
employees undergo continuous training to upgrade their expertise in the selection and safe application
of herbicides. To insure the herbicide program is properly implemented, there is a written policy and
procedure manual covering storage, transportation, application, disposal of herbicides, as well as the
safety of those who come in contact with herbicides. This manual is located in the office of the
Vegetation Crew Leader and in the herbicide truck.
B. Herbicide Product List
The following is the list of products used: Roundup Pro, Escort, Telar, Landmark,Veteran 720,
Garlon 4, Rodeo, and Casoron.
C. Herbicide Notification Process
General public notice is provided annually in February and includes a Press Release (Appendix II),
and Public Notice (Appendix III). The Press Release is provided to the news media (i.e. radio
stations and local newspapers) Public Notice is posted at various public places throughout the
County such as the Courthouse, post offices, stores, grange halls, fire stations, etc. The Press Release
and Public Notice include the number of miles to be treated and information on entering into an
Owner Will Maintain Agreement. (Please see item "G."
Additionally, at least one week prior to actual chemical treatment a Herbicide Notice (Appendix IV)
is posted at intersections and not less than every two miles. Information in the Herbicide Notice
includes the names of the herbicides to be used, approximate date of application, and the telephone
number to contact for further information. Notices are re -dated as to the actual date of application.
D. Record Keeping
Thorough record keeping is maintained on a Daily Chemical Application Record (Appendix V) per
State requirement for all herbicide applications including location, chemical used, weather conditions,
and applicator comments. All citizen inquiries pertaining to herbicide application are carefully
logged.
E. Geographically Sensitive Areas
Sensitive geographic areas have been identified within the County where herbicide spraying shall not
take place. The areas are reviewed annually to evaluate the impact of alternative vegetation control
methods. Such areas presently include: Lake Whatcom Watershed, Lummi Island, North Fork Road,
Cornell Creek Road, all areas within the jurisdiction of the Whatcom County Shorelines Management
Program.
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F. Petitioned No Spray Areas
Areas that have been petitioned as "No Spray" per Chapter 12.48.030 of the Whatcom County Code
are listed as follows:
Lummi Reservation, Mosquito Lake Road, Cain Lake/Reed Lake Areas, Rutsatz Road, Hilliard Road,
Williams Road, Acme Valley Areas, Saxon Road, Paradise Road, Barrett Road, Waldron Road off
Pacific Hwy, Lake Samish Watershed, Lake Whatcom Watershed, Department of Ecology
Exemptions and Department of Fisheries Exemptions,
G. Owner Will Maintain Agreement
Property owners have the option to have herbicide treatment reduced or eliminated on the road right-
of-way abutting their property. To do so, the property owner must enter into an Owner Will Maintain
Agreement with the County and perform vegetation control/maintenance as outlined in the
Agreement. An example Owner Will Maintain Packet is included in the Appendices VI. Additional
information can be obtained at Whatcom County Maintenance and Operations, (360) 676-6759.
H. Herbicide Program Details
Staff: The herbicide program is currently staffed with a licensed Road Maintance Worker (Driver)
and a licensed Senior Maintance Worker (Applicator). Immediate supervision is provided by the
Vegetation Crew Leader who is also a licensed applicator.
Equipment: Herbicide spray truck with an on -board computer, portable 25-gallon spray tank, and 1
and 3 gallon pump tanks for manual applications.
Training and Licensure:
Washington State Department of Agriculture Pesticide License "Public Operator."
Washington State Weed Association Annual Weed Conference (3 Day Conference).
Washington State University IPM Program Certification (On -Going).
Adopted 2008 Budget:
Weed Spray/Hydroseeding $90,000
Noxious Weed Control $5,000
Tasks:
Bare ground Application, Dormant Brush Application, Noxious Weed/Selective Weed Control,
Signpost Treatment, Guardrail Treatment, Miscellaneous Other Projects and Maintenance of
Wildflower Islands. See BMP's for a more detailed description.
Performance Measurements:
Bare ground Application — Numbers of miles of treatment
Dormant Brush Application — Number of miles of treatment
Noxious Weed Control — Number of square feet of treatment
Signpost Treatment — Number of sign posts treated
Guardrail Treatment — Number of lineal feet of treatment
General:
Maintenance and Operations is actively working to reduce the amount of herbicide utilized to the
extent practicable. Emphasis is placed on careful selection of product, utilization of the lowest
effective application rate, and proper timing. County policy is to use the product according to its
label and the Washington State Department of Agriculture.
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HERBICIDE BMP #1: BARE GROUND APPLICATION
♦ DESCRIPTION
A bare ground application is a vegetation free strip next to the edge of the road pavement. Selected
herbicides are applied to this zone using a computerized injection system. This zone is usually a
minimum of 12 inches, but the actual width varies according to the specific road shoulder.
♦ PURPOSE
The purpose of the bare ground application is to prevent vegetation from damaging the road surface
and to promote drainage. It also improves visibility and reduces fire hazard. In addition this
vegetation free zone provides pedestrian access and a refuge for vehicles.
♦ APPLICATIONS
This BMP may be applied when vegetation is actively growing, as weather allows, from mid March
through early October. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
When weather conditions do not permit including heavy rainfall, inversions, freezing
temperatures, or wind velocity exceeding label recommendations.
In critical areas or within a setback of 150 feet on both sides of a sensitive area without the
approval of the Biologist and the Vegetation Crew Leader.
When the shoulder composition is not adequate to prevent erosion, bio-filtration function, or
off -target application.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and State and local regulations.
• Careful selection of products, rates, and timing of application.
• Careful site evaluation prior to applications
♦ BMP MAINTENANCE
• Regular maintenance and calibration of all spray equipment.
• Ongoing site evaluations throughout the season.
• Ongoing training of staff including yearly re -certification.
• Ongoing improvement and updates of equipment and facilities.
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HERBICIDE BMP #2: DORMANT BRUSH CONTROL
♦ DESCRIPTION
A Dormant Brush application is applied to woody species of vegetation; primarily blackberries, alder
and cottonwood, during the fall, winter, and early spring using selected herbicides applied with a
computerized injection system. These brush species are sprayed within the right-of-way in
intersections, along the backside of the ditch, or where their encroachment on to the ROW might be a
problem.
♦ PURPOSE
The purpose of the application is to control various aggressive tree and brush species in order to
prevent them from becoming visibility hazards and maintenance problems. Drainage is a particular
concern. This program prevents brush from encroaching into the ditch line and allows for ditch
maintenance.
♦ APPLICATIONS
This BMP may be applied all year, weather permitting, but the optimum time for treatment is from
mid -October to March when the targeted vegetation is dormant. It may be used in conjunction with
other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions do not permit, to include rainfall, freezing temperatures, or wind
velocity exceeding label restrictions.
• In critical areas or within a setback of 150 feet of a sensitive area without the approval of the
Biologist and the Vegetation Crew Leader.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and to State and local regulations.
• Application to blackberries only in the dormant season when no fruit is present.
•. Careful selection of products, rates, and timing of applications.
• Careful site evaluations prior to application.
♦ BMP MAINTENANCE
• Regular maintenance and calibration of spray equipment.
• Ongoing site evaluations before and after applications
• Ongoing training of staff including yearly re -certification training.
• Ongoing improvement and updates of equipment
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HERBICIDE BMP #3: NOXIOUS/SELECTIVE WEED CONTROL
♦ DESCRIPTION
A noxious weed application targets specific weed species that have been identified by the County
Noxious Weed Board to be non-native to our area. These weed pests may pose a significant hazard
to animal or human health, the economy, or to the environment. Examples of noxious weeds include
meadow and spotted knapweed, orange and smooth hawkweed, tansy ragwort and purple loosestrife.
Applications are made with selected herbicides chosen for their effectiveness on the weed being
targeted and may be made with a computerized injection system or with portable hand tanks.
♦ PURPOSE
The purpose of this BMP is to control undesirable non-native weed species on County right -
of -way and to prevent them from spreading. Left uncontrolled, these species spread rapidly,
choking out desirable species. Left unchecked, these noxious weeds cause more damage and
are more difficult and costly to control. In addition, Federal Law dictates that they be
controlled.
♦ APPLICATIONS
This BMP may be used when targeted weeds are actively growing. Product label guidelines for
timing and rates should be observed for best results. It may be used in conjunction with other BMP's
including biological and manual.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions do not permit
• In critical areas, or within a setback of 150 feet of a sensitive area without the approval of the
Biologist and the Vegetation Crew Leader.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and to State and local regulations.
• Careful selection of products, rates, timing of application, and equipment to be used.
• Site evaluation, weed population to be controlled and consideration of other BMP's.
♦ BMP MAINTENANCE
• Regular maintenance and calibration of all spray equipment.
• Early detection of targeted weed infestations and ongoing site evaluations.
• Ongoing training of staff including yearly re -certification.
• Ongoing improvement and updates of equipment and facilities.
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HERBICIDE BMP #4: SIGNPOST TREATMENTS
♦ DESCRIPTION
Signpost treatments are the application of non -selective and residual herbicides around the base of
road signs. The size of the area depends on the location of the sign and the width of the shoulder.
Applications are made with portable spray tanks and with a calibrated granular applicator.
♦ PURPOSE
The purpose of the signpost treatment is for public safety by improving visibility and to assist
mower operators who cannot mow close to or behind signposts. This reduces mower damage
to signs. Signpost treatment also helps the sign crew to locate the position of missing signs
and aids them in sign maintenance. Public safety is enhanced through improved visibility at
intersections and other areas where warning signs are located. We currently maintain 9,000
signs on County Roadways.
APPLICATIONS
This BMP may be applied at all times of the year, depending on the products being used. It is often
used in conjunction with other BMP's, specifically manual clearing of weeds and grasses with brush
saws.
♦ LIMITATIONS
This BMP should not be used:
When weather conditions do not permit. With granular products only freezing, snow, or very
heavy rainfall would limit applications.
In critical areas or within 150 feet of a sensitive area without the approval of the Biologist
and the Vegetation Crew Leader.
Where the condition of the shoulder or the location of the sign might cause herbicide to
contaminate the water.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and State and local regulations
• Careful site evaluation at time of application.
♦ BMP MAINTENANCE
• Regular maintenance and calibration of spray equipment
• Site evaluation prior to treatment
• Ongoing training of staff including yearly re -certification
• Ongoing improvement and updates of equipment and facilities
LLB
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HERBICIDE BMP #5: GUARDRAIL TREATMENTS
♦ DESCRIPTION
Methods of guardrail treatments include the application of herbicides in front of, under, and in some
cases, behind guardrails. These herbicides are applied to this zone using either a computerized
injection system or with a hand application using a portable spray tank. Guardrails cannot be
effectively maintained by County mowers. In some cases, seasonal crews maintain guardrails using
manual methods.
♦ PURPOSE
The purpose of this application is to aid in guardrail maintenance and enhance public safety through
improved visibility.
♦ APPLICATIONS
This BMP may be applied when vegetation is actively growing. It may be used in conjunction with
other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions do not permit.
• In critical areas or within a setback of 150 feet of a sensitive area without the approval of the
Biologist and the Vegetation Crew Leader.
• When the composition of the shoulder under or behind the guardrail is not adequate to
prevent erosion or off -target application.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and State and local regulations
• Careful product selection to include the use of the aquatic herbicide Rodeo when appropriate.
• Careful site evaluation prior to and following applications.
♦ BMP MAINTENANCE
• Regular maintenance and calibration of all spray equipment.
• Ongoing site evaluations.
• Ongoing training of staff including yearly re -certification.
• Ongoing updates of equipment and facilities.
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HERBICIDE BMP #6: MISCELLANEOUS PROJECTS
♦ DESCRIPTION
Miscellaneous Projects is the application of selected herbicides to a variety of County facilities.
Included are Central Shop, the Sheriffs compound, gravel pits, County parks, wildflower islands, and
in preparation for new road construction. Products are chosen to best suit the needs of the specific
area or the weed(s) to be controlled. Application is made using a computerized injection system,
portable spray tanks, or calibrated granular spreaders.
♦ PURPOSE
The purpose of these various applications is to control undesirable weeds in County facilities, to
control or eliminate noxious weeds in these locations, or to prepare wildflower islands for planting.
♦ APPLICATIONS
This BMP may be applied when the vegetation is actively growing, or in the case of granular pre -
emergent products, any time of year as weather permits. It may be used in conjunction with other
BMP's.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions do not permit.
• In critical areas or within a setback of 150 feet on both sides of a sensitive area without the
approval of the Biologist and the Vegetation Crew Leader.
♦ BMP APPLICATION GUIDELINES
• Observe strict compliance to product labels, and to State and local regulations
• Careful selection of products, rates, and timing of applications.
• Careful site evaluation prior to applications.
♦ BMP MAINTENANCE
• Regular maintenance and calibration of spray equipment
• Ongoing site evaluations.
• Ongoing training of staff including yearly re -certification.
• Ongoing improvement and updates of equipment and facilities.
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BMP #7: SELECTIVE KNOTWEED TREATMENT
♦ DESCRIPTION
Several species of knotweed (Polygonum cuspidatum, P. sachalinese, P. polystachyum,
Rx.bohemicum) are rapidly colonizing throughout Whatcom County. Knotweed is a class B noxious
weed in Whatcom County and Washington State (WAC 16-750). Knotweed grows from 4-10 feet tall,
posing a significant site distance problem along the right-of-way.
♦ PURPOSE
The purpose of this BMP is to remove knotweed with effective methods before it becomes a hazard
and more difficult to maintain. The current practice of repeated mowing, particularly in designated no -
spray areas, warrants revision since current research indicates that mowing alone actually spreads the
plants rather than controlling them.
♦ APPLICATIONS
This BMP may be applied when vegetation is actively growing, as weather allows, from April through
October. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions do not permit to include heavy rainfall, inversions, freezing temperatures, or
wind velocity exceeding label recommendations.
• When the shoulder composition is not adequate to prevent erosion, bio-filtration function, or off -target
application.
• In areas exempted from spraying, Executive approval to treat will be required.
♦ BMP APPLICATION GUIDELINES
• Use only herbicides with the active ingredient glyphosate in an aquatic formulation (AquaMasterTM,
RodeoTM, and others)
• Observe strict compliance to product labels, and State and local regulations.
• Careful site evaluation prior to applications
• A single cutting of the plants in the months of April, May and June, followed by herbicide application
to re -growth in July, August, September, and early October
• Application rate will be between 3-5% solution for foliar treatment
♦ BMP MAINTENANCE
• Regular maintenance and calibration of all spray equipment
• Ongoing site evaluations throughout the season
• Ongoing training of staff including yearly re -certification
• Ongoing improvement and updates of equipment and facilities
• Ongoing consultations with Weed Board staff for current information
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HYDROSEEDING PROGRAM
Staff. This program is staffed with a Service Worker II (Driver) and a Service Worker III
(Applicator). Immediate supervision is be provided by the Vegetation Crew Leader. The
hydro seeding program began in 2003. It is anticipated that it will be utilized about 25% of
the year.
Equipment: 800-gallon "Bowie Hydro Mulcher" hydroseeder.
Training and Licensure:
State Erosion and Sediment Control Certification (2 Day Class).
Proposed Budget:
Combined with the herbicide budget.
Tasks:
Hydroseed Application (See BMP for a more detailed description).
Performance Measurement
Hydroseed Application — Number of square feet of area treated.
Hydroseed Application — Number of sites treated.
General:
Hydroseeding is necessary to prevent erosion for any land disturbance activities performed
by M&O (i.e. ditching, culvert replacement, bridge replacement, etc...) that would otherwise
result in erosion and sedimentation. Requirements from ESA/Clean Water Act are such that
it is essential this program be funded.
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HYDROSEEDING BMP
♦ DESCRIPTION
Hydroseeding is done by using a machine that broadcasts grass seed, wildflower, tackifier, wood fiber
mulch and water on soils that have been disturbed by road maintenance functions such as road
construction, shoulder rehabilitation ditching, or in areas that require erosion control. It can also be
used in wildflower planting. This BMP is used to minimize potential for soil movement either by
becoming airborne or in water runoff. Establishing grass stands in these disturbed areas reduces
water velocity and aids in establishing and maintaining natural habitat.
♦ PURPOSE
The purpose of this BMP includes, but is not limited to:
• Establishing vegetation in sparse, bare and/or exposed soil areas over a large site.
♦ APPLICATIONS
This BMP may be used after any soil disturbance due to road maintenance to include shoulder
picking, ditching, bridge repair and construction, guardrail maintenance, or any project causing land
disturbance. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• When weather conditions would prevent seed from germinating.
• No tackifiers or fertilizers should be used in critical areas.
♦ BMP APPLICATION GUIDELINES
• Seed selection should be based on the intended use and the area in which it will be used.
• Spread seed uniformly and follow manufacturer's recommendations.
• Cover hydroseeded areas with other methods as needed.
• Hydroseeding should be applied after finish grading and/or surface roughening. Applications
may depend on slope, soil, exposure and time of year.
• Tackifier and/or moisture retention agent may be added per state standard and in accordance
with guidelines involving critical areas.
♦ BMP MAINTENANCE
• Inspect during seed establishment period. Re -seed as necessary.
• Check during storm events. Monitor for scour and sloughing and repair as needed.
BMP REMOVAL
• BMP removal is not necessary.
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WILDFLOWER ISLANDS
Six wildflower islands are currently planted and maintained by Maintenance and Operations. These
islands are located throughout the county and include: Slater @ Lake Terrell; W. Pole Road (2);
Harborview @ Drayton Harbor; Delta Line @ W Badger; Delta Line @ Haynie; Goshen @ Fazon. In
cooperation with the Point Roberts Garden Club, areas along Tyee Drive were added in 2007 to the
wildflower program. (see photo) Maintenance on these islands is done by the herbicide crew and is
part of their budget.
There are important benefits to wildflower islands. Wildflowers provide an important cultural
maintenance tool. By choosing low growing native flowers, site distance problems can be reduced or
eliminated in areas where taller grasses and weeds might otherwise hamper visibility. These flowers
provide competition to undesirable weeds and grasses to include noxious weeds. Perhaps most
important of all, they are beautiful. They provide an aesthetically pleasing right of way and are very
popular with the public.
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127
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WILDFLOWER ISLAND BMP
♦ DESCRIPTION
Six traffic islands throughout the County as well as other selected areas including Point Roberts
(in conjunction with the Point Roberts Garden Club) have been planted with selected native
wildflowers. The islands are first prepared by eliminating weeds and grasses, then tilled and
planted.
♦ PURPOSE
The purpose of this BMP is to create an aesthetically pleasing right of way, improve site distance
for motorists, and discourage the invasion of undesirable weeds and grasses to include noxious
weeds.
♦ APPLICATION
This BMP may be applied during the spring and summer from April to October.
♦ LIMITATIONS
This BMP should not be used when weather conditions do not permit.
♦ BMP APPLICATION GUIDELINES
• In spring, as soon as weather permits, islands are cleared of debris and any undesirable
weeds and grasses.
• When weeds and grasses have been cleared from islands, they are tilled.
• After tilling, selected wildflower seeds are planted.
• During the growing season islands are monitored. If rain is insufficient, islands are
watered using the water tank from the herbicide truck, hose and nozzle.
• Mid -summer, when flowers have gone to seed, islands are mowed to a height of
approximately 6 inches. This encourages re -seeding and a second bloom.
♦ BMP MAINTENANCE
• Carefully select wildflower and evaluate during season
• Monitor islands regularly during growing season
• Water as necessary when there is insufficient rainfall
• Remove any undesirable weeds from the islands, especially noxious weeds
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♦ MOWING PROGRAM
Staff : The mowing program is currently staffed with six Service Worker Hl's. During the summer
one Service Worker H is added to the crew for shoulder mowing. The Vegetation Crew Leader
provides immediate supervision. The mowing program is utilized the entire year.
Equipment: Each Crew Member operates a tractor with mowing attachments. Each tractor has a spill
prevention kit.
Training and Licensure:
On-the-job training.
Adopted 2010 Budget:
Brush Cutting Mechanical $590.000
Mowing $405,000
Tasks:
Long -Arm Mowing, Shoulder Mowing, Ditch Mowing (See BMP's for more detailed description)
Performance Measurement
Long -Arm Mowing — Pass Miles of Roadside Mowed
Shoulder Mowing — Miles of Roadside Mowed
Ditch Mowing — Pass Miles of Ditch Mowed
General:
The Vegetation Crew Leader works closely with the Public Works Biologist and coordinates with the
Mowing Crew Members to insure that all work is performed in accordance with ESA requirements.
Critical areas have been identified and fish culverts are being physically marked with green
delineators with a picture of a fish on them. These markers are being set using a 150 foot setback
from culverts designated as fish bearing by the Public Works Biologist. This insures that mowers
will know which areas and locations require special consideration. Appropriate BMP's have been
developed for these locations. Changes and updates are done as necessary.
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BMP #1: LONG ARM MOWING
♦ DESCRIPTION
Long -arm mowing is the practice of clearing vegetation, primarily brush and small trees, from the
right-of—way. Work is accomplished with a rotary or flail mowing head attached to an extendable
boom mounted to a tractor. This practice would include ditches and intersections.
(See BMP's for more detailed description
♦ PURPOSE
Long -arm mowing improves visibility, promotes drainage, removes small trees before they can
become a hazard, and reduces brush that can be a fire hazard in hot dry weather. Long -arm mowing
helps reduce snow drifting in the northeast area of Whatcom County.
♦ APPLICATIONS
This BMP can be applied in the fall and winter when road shoulder vegetation is not actively growing
and does not need to be mowed. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• Inside the 150 foot setback in critical areas.
• On the backside of the ditch slope in critical areas.
♦ BMP APPLICATION GUIDELINES
• Identify and mark setbacks in critical areas.
• Mow the front of the ditch slope only, not the back slope in critical areas.
• Mower operators will be assigned areas. They will be familiar with their area and carry maps
indicating any critical area of concern to their operation.
• Ditches in non -critical areas may be brushed as needed.
♦ BMP MAINTENANCE
• Regular maintenance and inspection of mower and mower head to minimize leaks or
potential spills.
• Operators will be familiar with a spill prevention plan and carry spill kits.
• Ongoing training in critical areas issues for operators.
• Ongoing improvements in equipment.
28
134
ze-
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f,
MOWING BMP #2: SHOULDER MOWING
♦ DESCRIPTION
Road shoulders, the area from the pavement edge to the ditch, are mowed using rotary or flail
mowers.
♦ PURPOSE
The purpose of shoulder mowing is to provide visibility, improve drainage, and reduce fire hazard.
♦ APPLICATIONS
This BMP can be applied from spring to early fall when shoulder vegetation is actively growing and
ongoing shoulder maintenance is required. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• In critical areas when clippings from mowing might enter water.
♦ BMP APPLICATION GUIDELINES
• Identify and mark areas of concern in critical areas.
• Mower operators will be assigned areas. They will be familiar with their area and carry maps
indicating any critical area of concern to their operation.
♦ BMP MAINTENANCE
• Regular maintenance and inspection of mower and mower head to minimize leaks or potential
spills.
• Operators will be familiar with a spill prevention plan and carry spill kits.
• Ongoing training in critical areas issues for operators.
• Ongoing improvements in equipment.
29
136
BMP #3: DITCH MAINTENANCE
♦ DESCRIPTION
Ditch maintenance is the practice of mowing ditches with a long -arm mower. Using a tractor
mounted extendable boom and rotary mowing head, ditches are cleared of undesirable
vegetation including grass and small trees.
♦ PURPOSE
Clearing undesirable brush and trees from ditches encourages the growth of desirable grasses.
This helps maintain the bio-filtration function of grass, making for cleaner water runoff. In
addition, mowing insures positive drainage and reduces the breeding habitat of mosquitoes.
Because they can potentially carry West Nile Virus, mosquitoes are of particular concern to the
public.
♦ APPLICATIONS
This BMP may be applied year-round. It may be used in conjunction with other BMP's.
♦ LIMITATIONS
This BMP should not be used:
• Inside the 150 foot setback in critical areas.
• On the back side of the ditch slope in critical areas.
♦ BMP APPLICATION GUIDELINES
• Identify and mark setbacks in critical areas.
• Mow the front of the ditch slope only, not the back slope in critical areas.
• Ditches in non -critical areas may be brushed as needed.
♦ BMP MAINTENANCE
• Regular maintenance and inspection of mower and mower head to minimize leaks and
spills.
• Operators will be familiar with a spill prevention plan and carry spill kits.
• Ongoing training for operators in critical areas issues.
• Ongoing improvements in equipment.
30
137
V. APPENDIX
31
138
Chapter 12.48
ROADSIDE VEGETATION
MANAGEMENT PROGRAM
Sections:
12.48.010 Minimization of herbicide use — Goals and timetables.
12.48.020 Use of certain herbicides approved — Conditions.
12.48.030 Long-range integrated vegetation management plan.
12.48.040 Additional conditions.
12.48.050 Violation — Penalty.
12.48.010 Minimization of herbicide use — Goals and timetables.
Whatcom County shall minimize the use of herbicides for vegetation control
along maintained road rights -of -way, and shall set specific goals and timetables for
minimizing the use of herbicides. (Ord. 94-044).
12.48.020 Use of certain herbicides approved — Conditions.
The Whatcom County council approves the use of certain herbicides to be
utilized in the transportation services annual integrated roadside vegetation
management program in accordance with Chapter 17.21 RCW under the following
conditions:
A. The only herbicides authorized for use by an applicator shall be those
currently registered by the Environmental Protection Agency and the Washington
State Department of Agriculture.
B. All herbicides shall be applied in accordance with the standards set forth by
the State Department of Agriculture and chemical labels.
C. Anyone responsible for and applying the herbicides shall be licensed by the
Washington State Department of Agriculture. Further, the transportation services
department, maintenance and operations division, shall engage in an ongoing
program to upgrade the expertise of its personnel in integrated vegetation
management alternatives and in the selection and safe application of herbicides.
The transportation services department, in consultation with the county industrial
safety officer, shall develop a program to protect the safety of employees and
others who work or come in contact with the county's herbicides, and shall develop
a written procedures manual covering the selection, storage, transportation,
application and disposal of herbicides used by the program.
D. (Applies to all persons applying herbicides on maintained county road rights -
of -way.) At least one week prior to actual chemical treatment, the transportation
services department, roads division of maintenance and operations shall give due
notification through the news media (radio, local newspapers), and post notices at
various public places, including, but not limited to post offices, stores, grange halls,
fire stations, etc. The notices shall contain the areas, the names of the herbicides to
be utilized, the approximate number of miles to be treated, and the person and
telephone number to contact for further information or to register protests. The
notices shall also provide information on the right to enter into "owner will maintain"
agreements. Noncounty applicators shall notify transportation services, roads
division of maintenance and operations division of Whatcom County at least two
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139
rage 2 of 4
weeks prior to application of herbicides.
E. (Applies to county only.) In addition, signs shall be conspicuously posted in the
area(s) to be sprayed or chemically treated at least one week prior to actual
treatment. Signs shall include information regarding the anticipated date of
chemical treatment, the herbicide(s) to be used, and the roads to be treated.
Following the use of herbicides, the notices along the maintained roadways shall be
changed or altered with a sign stating that chemical treatment has occurred,
naming the chemical used. A faithful record of comments and protests received
shall be made, preserved and made available to the public.
F. The director of transportation services shall submit annually to the Whatcom
County executive a listing of all areas and the names of approved herbicides to be
utilized in the annual integrated roadside vegetation management program.
G. Prior to forwarding a copy of the annual vegetation management plan to the
executive, the director of transportation services shall schedule a meeting with the
county council public services committee in July of each calendar year as part of
the budget process. The committee shall review the plan and make
recommendations for changes as deemed necessary. (Ord. 94-044).
12.48.030 Long-range integrated vegetation management plan.
The executive shall prepare, annually update and adhere to a long-range
integrated vegetation management plan. An "integrated roadside vegetation
management plan" is one that advances the commitment to implement a variety of
vegetation control measures, such as biological, mechanical, manual and chemical.
It seeks to minimize chemical solutions when possible based upon the level of
vegetation infestation, its economic impacts, and an assessment by the
roadside/vegetation crew leader of the economic and ecologic consequences of
each type of control. The plan shall assess the results of the previous year and
identify additional sensitive geographical areas within the county where spraying
shall not take place. Such areas presently include:
A. Lake Whatcom Watershed;
B. Lummi Island;
C. North Fork Road;
D. Cornell Creek Road;
E. All areas within the jurisdiction of the Whatcom County shorelines
management program;
F. All areas that may be exempted from chemical treatment by the county council
now or in the future.
Identification of areas as being sensitive may be initiated by petition of at least 51
percent of property owners in the area; or 60 percent of the citizens of the area.
Exemptions may be granted by the executive in writing within 30 days of request or
de facto exemption shall apply and shall be limited to the hand treatment of fresh
cut stumps and hand treatment of noxious weeds as defined by the noxious weed
board. The criteria for reviewing such petitions shall include such factors as the
presence of groundwater, relatively high use by pedestrians or children, and any
other criteria the executive or designee deems appropriate. Treatment shall be
allowed under new asphalt. Hand treatment within the listed sensitive geographical
areas shall be limited to application by licensed applicators and persons registered
with the transportation services, roads division of maintenance and operations
division of Whatcom County on an annual basis, to apply herbicides in the sensitive
areas. Whatcom County shall prepare maps showing areas exempted above for
distribution to applicators.
Application as required for cut stumps shall be coordinated by anyone performing
vegetation management in identified sensitive areas with the roadside/vegetation
crew leader. The county shall limit the amount of material allowed in each sensitive
area to a maximum of three gallons of material suitably mixed per crew and ready
for application by a licensed applicator. Material shall be transported in an
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140
_ _�.--�--.��+-+ •a�Vi1li11V1Y
Page 3 of 4
approved container and shall be protected from spillage by an outer liner or
containment vessel. (Ord. 94-044).
12.48.040 Additional conditions.
The following conditions shall be adhered to by the department:
A. The use of herbicides by all persons, whether public or private entities or
individuals, is hereby prohibited on all county owned and maintained road rights -of -
way subject to use as permitted by Whatcom County franchise agreement within
designated sensitive geographical areas.
B. All property owners who do not wish herbicides to be used in front of their
property shall sign an "owner will maintain" agreement. The roadside/vegetation
crew leader shall be responsible for monitoring for compliance.
C. Ditches will be cleaned by nonchemical means except where vegetation only
is causing a blockage or if additional excavation would result in the unnecessary
lowering of culverts. These areas may be treated with an aquatic registered
herbicide only where other means are impractical and uneconomical.
D. Backslopes and frontslopes will be treated by nonchemical means and
maintained so as to retain grasses and other vegetation to prevent erosion, using
herbicides for such maintenance only when other means are impractical and/or
uneconomical.
E. No public or private entity or individual shall commence any chemical
treatment on any maintained county right-of-way without the prior written consent of
the director of the transportation services department. A plan showing areas to be
chemically treated shall accompany any request for approval.
F.Ongoing testing sites will be established to evaluate various integrated
vegetation management techniques.
G. Ordinance 91-044 is hereby repealed and all other resolutions, or policies are
superseded to the extent that they are in conflict with this chapter. -(Ord. 94-044).
12.48.050 Violation — Penalty.
Penalties and court enforcement shall be applied as follows:
A. Any person, firm or corporation who fails to comply with any of the conditions
herein, shall be guilty of a civil offense and shall be fined a sum not to exceed
$1,000.
B. The penalty provided in the above section shall be imposed by a written notice
delivered, either by certified mail with return receipt requested or by personal
service, to the person, firm or corporation involved in the activity. Said notice shall
originate at the Whatcom County transportation services department. The notice
shall include the amount of the penalty imposed and shall describe the violation
with reasonable particularity. It shall also order the act or acts constituting the
violation or violations to cease and desist or, in appropriate cases, require
necessary corrective action to be taken within a specific and reasonable time.
C. After the notice is postmarked, the recipient has 30 days to either pay the
amount designated or to make written application to the transportation services
department, for remission or mitigation of such penalty. Upon receipt of the
application, said department shall review the penalty and make a written decision of
that review. The transportation services department's decision shall be reviewed by
the county council if the aggrieved party files a written appeal with the clerk of the
county council within 10 days of its issuance. The decision of the county council,
regarding the penalty imposed shall be final. In calculating the time limits
mentioned in this chapter, begin calculating the time the day after the decision is
issued and include the last day. If the last day falls on a Saturday, Sunday or a
legal holiday, then the time limit is extended to the next regular business day.
D. The prosecuting attorney may in his discretion, bring such injunctive,
declaratory or other actions as deemed necessary to ensure that violations of this
chapter are prevented or cease, and to otherwise enforce the provisions of this
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Page 4 of 4
chapter.
E. In the event any person, firm or corporation violates any of the provisions of
this chapter, the transportation services department shall cause a notice of violation
to be delivered to a person of suitable age at the site or place of business and order
all work to cease until authorized to proceed. Failure to comply with the order to
stop work shall be a gross misdemeanor punishable upon conviction by a minimum
fine of $500.00 up to a maximum fine of $1,000 or one year in jail, or both. Under
no circumstance may the court defer or suspend any portion of the minimum
$500.00 fine for any conviction under this section. Each day or part thereof of
noncompliance with said order to stop work shall constitute a separate offense.
(Ord. 94-044).
Code Publishing Company
Code Publishing's web$ite
Voice: (206) 527-6831
Pax: (206) 527-8411
F.-mail Code Publishing
142
March 9, 2010
NEWS RELEASE
ROAD DIVISION
MAINTENANCE AND OPERATIONS
Mary A. Green, Superintendent
901 W. Smith Road
Bellingham, WA 98226
(360) 676-6759 / 380-8111 Fax 676-6879
FORIMMEDIATE RELEASE ---------------------------------------------------------------------------------------
The Whatcom County Public Works Department is beginning the year 2010 Road Shoulder
Herbicide Program. Approximately 250 miles of roads are scheduled for treatment. Lawns
and yard areas may have a minimum 12" wide strip treated to aid in drainage and minimize
pavement damage.
Property owners who do not wish to have their adjoining right-of-way treated have the option of
maintaining the right-of-way abutting their property. Agreements to this effect may be signed
and "Owner Will Maintain" signs obtained from Maintenance and Operations, 901 West Smith
Road between 8:00 a.m. and 4:00 p.m., Monday through Friday. There is no charge for this
service.
143
ROAD DIVISION
MAINTENANCE AND OPERATIONS
Mary A. Green, Superintendent
901 W. Smith Road
Bellingham, WA 98226
(360) 676-6759 / 380-8111 Fax 676-6879
PUBLIC NOTICE
The Whatcom County Public Works Department is beginning the year 2010 Road Shoulder
Herbicide Program. Approximately 250 miles of roads are scheduled for treatment. Lawns
and yard areas may have a minimum 12" wide strip treated to aid in drainage and minimize
pavement damage.
Property owners who do not wish to have their adjoining right-of-way treated have the option of
maintaining the right-of-way abutting their property. Agreements to this effect may be signed
and "Owner Will Maintain" signs obtained from Maintenance and Operations, 901 West Smith
Road between 8:00 a.m. and 4:00 p.m., Monday through Friday. There is no charge for this
service.
144
0
ROADSIDE SPRY SIGN POSTING
INTENT TO HETRBCC[DE
ANTICIPATED DATE
❑ SHOULDERS
❑ DORMANT BRUSH
❑ NOXIOUS WEEDS
HERBICIDE USED
❑ ROUNDUP
❑ OUST
o GARLO H
DATESPRAYED
FOR FURTHER INFORMATION CALL
WHATCOM COUNTY PUBLIC WORKS
676-6759 380-8111
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ROAD DIVISION
MAINTENANCE AND OPERATIONS
Mary A. Green, Superintendent
901 W. Smith Road
Bellingham, WA 98226
(360) 676-6759 / 380-8111/Fax 676-6879
March 8, 2010
Dear Resident:
The Whatcom County Public Works Department will begin its annual roadside vegetation
herbicide spray program in April. In 2009 you requested that the right-of-way adjacent to your
property not be included in the program. In return you signed an "Owner Will Maintain"
agreement and agreed to maintain this area yourself.
If you do not want the right of way adjacent to your property to be included in our spray
program for year 2010, the enclosed "Owner Will Maintain" agreement needs to be signed and
returned to Maintenance and Operations, 901 West Smith Road, by April 1, 2010. Upon
completion of the Agreement, signs will be available at the Maintenance and Operations front
office between 8:00 a.m. and 4:00 p.m., Monday through Friday.
If Whatcom County does not receive a signed agreement from you by April 1, 2010, your
request may be withdrawn and the right-of-way adjacent to your property reinstated into the
spray program.
MAINTENANCE AGREEMENTS FOR LEASED PROPERTY MUST BE SIGNED BY BOTH
LESSEE AND LESSOR/LANDOWNER. If you have any questions, please call (360)676-6759
or (380-8111). Please return this agreement to:
Whatcom County Public Works Department
Maintenance and Operations
901 West Smith Road
Bellingham, WA 98226
Sincerely,
Mary A. Green
Maintenance and Operations Superintendent
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
MAINTENANCE & OPERATIONS
"OWNER WILL MAINTAIN"
ROAD RIGHT-OF-WAY MAINTENANCE AGREEMENT
Pursuant to your request, we are providing you with "Owner Will Maintain" signs based
upon your representation that you are the owner of the real property described below.
This agreement is in coniunction with the Roadside, Herbicide Spray Program ONLY.
The terms and conditions of this agreement to maintain the County road right-of-way
are as follows:
1. The signs shall be affixed on your property lines, beginning and end, so that they
are clearly visible at all times. Refer to the attached diagram, page 6, for proper
installation. You are responsible for their maintenance, repair and replacement if
necessary.
2. The right-of-way maintenance shall be conducted along the roadside adjacent to
your property as often as necessary to:
➢ Ensure that no visual or drainage hazards develop.
➢ Ensure no pavement is damaged due to vegetation.
3. The Public Works Department, Maintenance and Operations, may not use chemical
herbicides in the posted area; as per your spray option request, which may
include shoulders, ditches and County right -of --way behind the ditches. refer to
page 4, "SPRAY OPTIONS!).
4. if at any time the right-of-way is not maintained pursuant to the terms and conditions
of this agreement, Whatcom County may give written notice of the failure to
maintain to the undersigned. In the event that the undersigned does not remedy the
failure to maintain within ten (10) days from the date of the notice sent, the County
shall have the right to terminate this agreement forthwith.
5. If Tansy Ragwort, Knapweed or other Noxious Weeds are identified by the
Washington State Noxious Weed Control Coordinator on the County right-of-way in
this area, you agree to remove them. (Tansy and Knapweed have been identified
by the Noxious Weed Control Board as toxic and by law, must be removed. The
Noxious Weed Control Coordinator or representative will contact you if your area is
identified as containing Noxious Weeds.)
149
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
The undersigned hereby accepts responsibiiliity for the installation and maintenance of the "Owner Will
Maintain" signs and further to manually maintain that area between these signs in the manner set forth
in the Agreement. in the event that a Court of. law determines that the undersigned is wholly or partially
negligent as a result of any act, action, neglect, omission or default pertaining to road right-of-way
maintenance as described in this agreement, file undersigned agrees and covenants to indemnify,
defend and save harmless Whatcom County and those persons who were, now are, or shah be duly
elected or appointed officials or members or employees thereof, hereinafter referred to as'Whatcom
County", against and from any loss, damage, costs, charge, expense, liability, claims demand or
judgements of whatsoever kind or nature, whether to persons or property, in the proportion as
deterrnined by the Court.
In case any suit or cause of action shall be brought. against Whatcom County on account of any act,
action, neglect omission or default pertaining to road right-of-way maintenance on the part of the
undersigned, his agents, subcontractors, and/or employees, the undersigned hereby agrees and
covenants to appear and defend His/her interests and, subject to the Courts ruling apportioning liability
and damages, to pay any and all proportionate costs, charges, attorneys fees, judgements and other
expenses that may be incurred or obtained against Whatcom County.
In the event the County is required to institute legal action and/or participate in legal action to enforce
this indemnification and Hold Harmless Clause, the undersigned agrees to pay the County's legal fees,
costs and disbursements in establishing the right to indemnification.
Dated this day of , 20
This agreement will remain in effect for a period of one (1) year and mast be renewed each and every year
to remain in effect. This agreement nVV be terminated by the property owner upon written -notification of its
termination within that one (1) year period
Mailing Address:
City and Zip Code
x
Signatwe
x _
Please Print Full Name
Phone k
LAND PARCEL ADDRESS OR LOCATION:.
Approved as to form:
on
T. Gibs®n, Senior Civil Deputy Prosecutor
MAINTENANCE AGREEMENTS FOR LEASED PROPERTY MUST BE'SIGNED BY
BOTH LESSEE AND LESSOR / LANDOWNER. If you have any questions, please call
676-6759 or 380-8111. Please return this agreement to:
Whatcom County Public Works
Maintenance and Operations
901 West Smith Road
Bellingham, WA 98226
150 3
"OWNER WILL MAINTAIN"
SPRAY OPTIONS WITH EXPLANATIONS
1. I will allow a 12" wide strip at the pavement edge to minimize road
pavement damage and allow adequate drainage.
If this option is selected, Whatcom County may apply herbicides at the
pavement's edge, but not to- exceed 12 inches from the pavement edge to
the road shoulder.
2. Do Not spray the road shoulder or back slope (from pavement to
property line) adjacent to my property.
If this option is selected, Whatcom County will apply NO chemicals to
the right of way abutting your property from the road shoulder to your
property line. This will eliminate option V .
Spraying a strip a minumum of 12 inches in width adjacent to the pavement's edge
is invaluable in preventing sod build-up which otherwise hinders necessary roadway
drainge. It also helps prevent root systems from deteriorating the edge of the
roadway.
151
Owner Will Maintain
Sign Posting_lnstructions
Post the boundaries of your property with the signs provided by Whatcom County in
accordance with the sketch on the backside of this sheet of paper.
Signs should be securely fastened to a small post which is firmly driven into the ground
at a location that is as far away from the edge of the pavement as is reasonably
possible while still remaining easily visible for an approaching vehicle.
Please remember that you are responsible for the reasonable maintenance of the entire
area posted. Reasonable maintenance means the right -of- way abutting your property
should be maintained at the same level as those portions of the right-of-way maintained
by Whatcom County within your area. If you have chosen the option to allow spraying of
the shoulder but no spraying on the back slope, you are responsible only for the
maintenance of that area from the ditch line to the property line. If no ditch exists, you
are responsible only for that portion from the shoulder outward from the roadway.
Should you have any questions about roadside vegetation maintenance, please feel
free to call (360) 676-6759 or 380-8111. You may also write to Whatcom County Public
Works, Maintenance & Operations, 901 West Smith Road, Bellingham, WA. 98226.
Permits and posting of "Owner Will Maintain Signs" are good for one calendar year
only. They will have to be renewed on an annual basis. Anyone who has an existing
Owner Will Maintain Agreement with the County will be mailed a renewal application the
following year at approximately the same time as advertisements are placed in the local
newspapers.
See Reverse Side for Diagram
152
OWNER WILL MAINTAIN PROGRAM"
INSTRUCTION SHEET FOR SIGN PLACEMENT
1. Please attach sign to a stake or post and place on the backside of the ditch.
2. Cover sign with clear plastic to protect it from the weather.
3. Place sign at property lines at both ends of your property, with both signs
facing in the same direction and facing the oncoming traffic for your side o
the road, see diagram # ? below.
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SIGN -a
COUNTY ROAD RIGHT-OF-WAY �-
FOR CORNER LOT PROPERTIES
1. For those parcels that are located at a road intersection, you will need three
si ns, please ask for an extra sign when applying for Program.
2. There will need to be a -sign at each comer of the parcel at the beginning of eacr
property line on each road. See attachment.
' S1GN T
PROPERTY PROPERTY
LINE LINE 1
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154
OWNER WILL MAINTAIN DEFAULT LETTER
Dear Resident,
You have signed a Road Right -of -Way Maintenance Agreement with Whatcom County.
The terms and conditions of this agreement were:
That Whatcom County Public Works Department, Maintenance and Operations,
would no use chemical herbicides on the road shoulder and/or back slope abutting
your property.
It would be your responsibility to conduct right-of-way maintenance along the
roadside adjacent to your property as often as necessary to ensure that no visual or
drainage hazards develop and to ensure no pavement is damaged due to
vegetation. This maintenance is to be at the same level as those portions of the
right-of-way maintained by Whatcom County within your residential area.
As of (date) the right-of-way abutting your property has not been maintained pursuant to
the terms and conditions of the road Right -of -Way Maintenance Agreement. You
have ten (10) days from the date of this letter to meet the terms of the agreement.
If the right-of-way is not properly maintained by (date), Whatcom County will
terminate the agreement.
If the agreement is terminated due to your failure to comply with terms and conditions,
Whatcom County may maintain that portion of the right-of-way adjacent to your
property, which may include chemical spraying.
If you have any questions, please call either Mary Green or Paul Kelley at (360) 380-
8111 or (360) 676-6759.
Sincerely,
Mary A. Green
Maintenance and Operations Superintendent
Paul Kelley
Vegetation Crew Leader
155
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-270
CLEARANCES
Initial
Date
Date Received in Council O ace
Agenda Date
Assigned to:
Originator:
Mall Aamot
M.A.
7/1/10
E C IE�— � � l% E D
L� V
711312010
P&D Committee
Division Head:
Wain
�'
/�//�
Harrison
J U L 0 6 2010
Dept. Head:
Sam Ryan
Prosecutor:
Royce Buckingham
6,-r—
(� (� n /� COUNTY
WHATCOM COUNTY
Purchasing/Budget:
COUNCIL
Executive:
Pete Kremen
'
1 o
TITLE OF DOCUMENT.
Amendments to WCC 20.90 that would allow the County Council to initiate zoning amendments for further
review at any time during the year.
ATTACHMENTS:
1. Planning Commission minutes from May 13, 2010
2. Staff report dated May 4, 2010
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( XI ) NO
SEPA review completed? ( ) Yes ( X ) NO
Requested Date
'The Council must hold a hearing if they want to adopt an ordinance, since the
Planning Commission did not recommend approval (WCC 20.90.050).
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.)
The amendments to WCC 20.90 would allow the County Council to initiate zoning amendments for further
review at any time during the year. The County Council would not be subject to a deadline for submitting
applications for zoning amendments.
COMMITTEE ACTION.
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN20I0-00009
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.
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RECORD OF PROCEEDINGS OF THE 3
WHATCOM COUNTY PLANNING COMMISSION
May 13, 2010
ular Meetin
Jim LeMaster, Whatcom County: Feels R10 acre zoning is appropriate. 5 acre zoning will
bring more traffic.
Larry Stoner, rebuttal: Feels 10 acre zoning is appropriate.
The hearing was closed to the public.
Teigrob moved to forward the staff recommendation of approval. Burdge
seconded. Roll Call Vote: Ayes — Melious, Erickson, Honcoop, Rainey, Teigrob;
Nays — Belisle, Burdge; Abstain — 0; Absent — Lesow, Luke. The motion carried.
Public Hearing
File #PLN2010-00009: Proposed amendments to the Whatcom County Zoning Ordinance.
The proposed changes would allow the County Council to initiate zoning amendments for
further review at any time during the year. The County Council would not be subject to a
deadline for submitting applications for zoning amendments.
David Stalheim presented the staff report. Currently the zoning code allows the Planning &
Development Services (PDS) Director to apply for a zoning revision anytime during the
year, however the County Council is not allowed this option. This amendment was
submitted by the Council so they would have the have the same opportunity as PDS. The
Council would need to take into consideration staff availability and legislative priorities. If
an amendment needs done within the year the Council has the opportunity to pass an
emergency or interim ordinance on the matter. Staff recommends approval of the
amendment.
The hearing was opened to the public.
Bob Wiesen, Whatcom County: Supports the amendment.
The hearing was closed to the public.
Some members of the Commission felt is was not equitable that the Council be able to do
this and the Planning Commission and the public would not have the same opportunity.
Belisle moved to forward the staff recommendation of approval. Roll Call Vote:
Ayes — Honcoop, Rainey, Teigrob; Nays — Belisle, Burdge, Melious, Erickson;
Abstain — 0; Absent — Lesow, Luke. The motion failed.
Unfinished Business
File #ZON2007-00014: Discussion regarding proposed amendments to the Whatcom
County Codes, Title 20 and Title 21. The proposed amendments are to prevent and
minimize risk to the public due to hazardous liquid and gas transmission pipelines.
Burdge moved to forward the draft ordinance to the Council. Erickson seconded.
Roll Call Vote: Ayes — Belisle, Burdge, Melious, Ericson, Honcoop, Rainey,
Teigrob; Nays — 0; Abstain — 0; Absent — Lesow, Luke. The motion carried.
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File # PLN2010-00009 May 4, 2010
Council Initiation of Zoning Amendments Staff Report, Page 1
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
Council Initiation of Zoning Amendments
PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
The subject amendments would allow the County Council to initiate zoning
amendments for further review at any time during the year. The County Council
would not be subject to a deadline for submitting applications for zoning amendments.
2. The Whatcom County Council approved Resolution 2010-008 on March 16, 2010
initiating the subject amendments for further review.
3. Notice of the Planning Commission hearing for the subject amendments was published
in the Bellingham Herald on May 2, 2010.
4. The Planning Commission held a public hearing on the subject amendments on May
13, 2010.
5. Whatcom County Code 20.90.050 indicates that proposed zoning amendments are to
be evaluated in relationship to the goals, policies and objectives of the Whatcom
County Comprehensive Plan. Additionally, environmental implications identified
under SEPA are to be considered.
6. Whatcom County Comprehensive Plan Goal 21) is to "Refine the regulatory system to
ensure accomplishment of desired land use goals in a fair and equitable manner."
7. Whatcom County Comprehensive Plan Policy 2D-1 is to "Eliminate unnecessary
regulations."
8. Whatcom County Comprehensive Plan Policy 2D-3 is to "Streamline development
regulations to eliminate unnecessary time delays."
9. The Official Whatcom County Zoning Ordinance contains regulations that
unnecessarily limit the time -frames for County Council initiation of zoning
amendments.
158
File # PLN2010-00009 May 4, 2010
Council Initiation of Zoning Amendments Staff Report, Page 2
10. The subject amendment provides flexibility to the legislative branch of Whatcom
County government to determine when to initiate amendments to the Official
Whatcom County Zoning Ordinance.
11. The subject amendment is exempt from environmental review pursuant to the SEPA
Rules of WAC 197-11-800(19).
PROPOSED CONCLUSIONS
The subject amendments are consistent with the Whatcom County Comprehensive
Plan.
2. The subject amendments serve the public interest by providing flexibility to the
legislative body of Whatcom County to initiate zoning changes for review at any time
during the year.
RECOMMENDATION
Based upon the above findings and conclusions, staff recommends approval of the amendments
to WCC 20.90 shown on attached Exhibit 1.
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File # PLN2010-00009 May 4, 2010
Council Initiation of Zoning Amendments Staff Report, Page 3
Exhibit 1
20.90.030 Initiation of amendments.
Amendments to this title and/or to the official Whatcom County zoning map may be initiated as follows:
(1) The department of planning and development services may initiate an amendment(s) by placing the
proposed amendment(s) on the docket.
(2) The Whatcom County planning commission may initiate an amendment(s) by majority vote of its
members to place an amendment proposal on the docket.
(3) The county council may initiate an amendment by approving a resolution to place a proposed
amendment(s) on the docket. Amendments by the county council may be initiated at any time, subject to
county council review of ongoing staff resources and legislative priorities.
(4) A citizen may initiate an amendment(s) to this title and/or to the official Whatcom County zoning map
by making application on forms provided by the department of planning and development services and
paying a processing fee. A complete application and payment of the fee places the amendment on the
docket, except as provided in subsection (5) of this section.
(5) Amendments to this title or the official county zoning map that also require an amendment to the
Comprehensive Plan shall be initiated only if the accompanying Comprehensive Plan amendment is
initiated as provided in Chapter 2.160 WCC. The payment of the processing fee for the zoning
amendment as required by this section shall occur within 15 days of the approval of the resolution initiating
the Comprehensive Plan amendment or the zoning amendment will be withdrawn. (Ord. 2008-060 Exh. A,
2008; Ord. 2004-007 § 1, 2004; Ord. 2000-016 § 1).
20.90.040 Application, excluding site -specific rezones.
(1) Applications for WCC Title 20 map and text amendments, excluding site -specific rezones, shall include
at least the following information:
(a) A description of the amendment being proposed including proposed map or text changes;
(b) A complete State Environmental Policy Act (SEPA) environmental checklist; and
(c) Name, address, phone number of the applicant, and, if applicable, assessor's parcel -number,
section, township, and range.
3
160
File 9 PLN2010-00009 May 4, 2010
Council Initiation of Zoning Amendments Staff Report, Page 4
(2) The department of planning and development services may prescribe additional information
requirements and provide forms for the proposed amendments.
(3) Completed applications for WCC Title 20 amendments must be received by planning and development
services by December 31 st to be considered during the next calendar year. Applications submitted by
planning and development services or the county council are not subject to the December 31st deadline.
(4) Interested persons may suggest revisions to WCC Title 20 or the official Whatcom County zoning map
by completing and submitting a suggestion form provided for that purpose by the department of planning
and development services. These suggestions require no payment of a fee, are not initiated amendments,
and will not be processed as an amendment unless they have first been initiated in the manner provided
under WCC 20.90.030. None of the parties with authority to initiate amendments under WCC 20.90.030
are under any obligation to initiate suggested revisions as amendments. All suggested revisions shall be
forwarded to the county council for review. (Ord. 2008-060 Exh. A, 2008; Ord. 2004-007 § 1, 2004; Ord.
2000-016 § 1).
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Committee Of The Whole
June 8, 2010
Council Chair Sam Crawford called the meeting to order at 10:00 a.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, L.
Ward Nelson and Carl Weimer
Absent: None
1. DISCUSSION WITH ASSISTANT CHIEF DEPUTY PROSECUTOR DANIEL
GIBSON REGARDING POTENTIAL EMS SETTLEMENT (AB2010-018)
2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING THE UGA SETTLEMENT PROCESS (AB2010-018)
Crawford stated that discussion of agenda items one and two may take place in
executive session pursuant to RCW 42.30.110 (1)(i). Executive session will conclude no
later than 10:45 a.m.
Nelson moved to go into executive session until approximately 10:45 a.m. to
discuss the first two agenda items, pursuant to RCW citations as announced by the Council
Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
OTHER BUSINESS
ADJOURN
The meeting adjourned at 10:33 a.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on , 2010.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Committee of the Whole, 6/8/2010, Page 1
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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.
Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair
Committee of the Whole, 6/8/2010, Page 2
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
June 8, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 11:45 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Ken Mann, Bill
Knutzen and Carl Weimer
Absent: L. Ward Nelson
COMMITTEE DISCUSSION
1. RURAL ELEMENT UPDATE - DISCUSSION OF GROWTH MANAGEMENT ACT
REQUIREMENTS AND THE PLANNING COMMISSION RECOMMENDATIONS
(AB2010-072) (11:46:32 AM)
Gary Davis, Planning and Development Services Department, submitted and read
from a presentation (on file).
Discussion included how the County shows to the Hearings Board its analysis used
for arriving at the limited areas of more intense rural development (LAMIRD) designation
and maps; whether the State allows the boundaries to be set according to the roads;
whether they have to change the LAMIRD boundaries or just better -define the reasons for
the boundaries; water lines; whether the State allows consistency in the shape of LAMIRDs;
Hearings Board decisions on allowing future growth versus growth restrictions in LAMIRDs;
leaving the Guide Meridian as it is currently zoned, and just changing the Countywide
Planning Policies and Comprehensive Plan; the change from general commercial to rural
commercial; other options for rural general commercial; whether the entire Guide Meridian
can be an urban growth area (UGA); the economic development goals of the Growth
Management Act; why the general commercial designation wouldn't work within LAMIRDs,
instead of having to use rural general commercial; why they would want to increase
setbacks between businesses; making sweeping changes in the Council's approach that will
require much staff support to justify legal challenges; properly analyzing the boundaries;
next steps, and; possibly contracting with a consultant to get some of this work done.
The following person answered questions:
• Samya Lutz, Planning and Development Services Department
Wain Harrison, Planning and Development Services Department, stated the Planning
Department can allocate time to modify the proposal for the rural element LAMIRD
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County Council.
ordinance. The net affect would be that other items on the long range work plan would be
affected. Also, staffing levels will need to be considered.
Davis asked for specific direction from the councilmembers.
Crawford stated he would like to see more consistency in rounding out the
intersections and information on water line analysis. He is okay with the rural general
commercial and rural light impact industrial zones, as long as there isn't a big negative
impact to existing business owners. Use every credible rationale they can use to achieve a
route that is least painful.
Knutzen asked if they can work through and finish some of the easier LAMIRDs.
Brenner stated she agrees with Councilmember Knutzen about getting a few of the
LAMIRDs done. Show the Council is working in good faith.
Kershner stated look at what is inside the LAMIRD boundaries and also the
downzoning proposal on the outside of the boundaries. She cannot support the downzone
proposal regarding rural, one unit per ten acres (R10A).
Weimer stated he is ready to pass the fall version, except the change regarding
R10A. They are stalling and wasting a lot of time. They are not going to get done with this
any time soon.
Brenner stated the choice is not between unlimited expansion or no expansion at all.
They can find something in between.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 1:33 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
Dana Brown -Davis, Council Clerk
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Council Chair
Special Committee of the Whole, 6/8/2010, Page 2
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
June 8, 2010
CALL TO ORDER ( 7:00:48 PM)
Council Chair Sam Crawford called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
FLAG SALUTE
ANNOUNCEMENTS (7:00:53 PM)
Crawford stated there was a discussion with Assistant Chief Deputy Prosecutor
Daniel Gibson regarding potential EMS settlement (AB2010-018) and a discussion
with Senior Deputy Prosecutor Karen Frakes regarding the UGA settlement process
(AB2010-018) in executive session during the Committee of the Whole meeting.
Crawford stated there was a Rural Element update - discussion of Growth
Management Act requirements and the Planning Commission recommendations
(AB2010-072) during a special Committee of the Whole meeting.
SPECIAL PRESENTATIONS
1. COUNTY EXECUTIVE PETE KREMEN TO PRESENT THE "STATE OF THE
COUNTY" (AB2010-017) (7:01:52 PM)
Pete Kremen, County Executive, recognized County staff who have served active and
reserve military duty this past year. He submitted and read from the State of the Union
address (on file).
MINUTES CONSENT (7:23:23 PM)
Brenner moved to approve the minutes.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Whatcom County Council, 6/8/2010, Page 1
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County Council.
Nays: None (0)
1. SURFACE WATER WORK SESSION FOR MAY 18, 2010
OPEN SESSION (7:23:45 PM)
The following people spoke:
• Kay Sardo, 510 South State Street, Bellingham, spoke on the issue of jail
siting and preventative programs.
• (Clerk's Note: The speaker following Kay Sardo requested that his/her
testimony not be included in the minutes.)
• Paul Isaacson, citizen, commended Planning Staff Sam Ryan and Tyler
Schroeder for their professionalism and spoke on a land purchase proposal to
the County.
• Jim Dickinson, 2094 West Shore Drive, Lummi Island, spoke on the issue of
the Whatcom Chief.
• Jim Rothenbuhler, 2475 Pheasant Way, Ferndale, spoke on the issue of selling
property next to Fire District Hall #6 on Bennett Drive.
CONSENT AGENDA (7:40:30 PM)
Mann reported for Finance and Administrative Services Committee and moved to
approve Consent Agenda items one through seven.
Brenner withdrew item seven.
The motion to approve Consent Agenda items one through six carried by the
following vote:
Ayes: Nelson, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None (0)
1. RESOLUTION AMENDING CRP NO. 908013 AND APPROVAL FOR THE COUNTY
EXECUTIVE TO AWARD THE CONSTRUCTION CONTRACT FOR "BAKER LAKE
ROAD SULPHUR CREEK BRIDGE #422 REPLACEMENT" TO LOW BIDDER
INTERWEST CONSTRUCTION, INC. IN THE AMOUNT OF $1,168,168 (AB2010-
227)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WSU COOPERATIVE
EXTENSION FOR A SUSTAINABLE LANDSCAPING TRAINING PROGRAM FOR
LAKE WHATCOM RESIDENTS IN THE AMOUNT OF $15,690 (AB2010-228)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND COASTAL SAFETY SERVICES
FOR SAFETY AND TRAINING IN THE AMOUNT OF $25,000 (AB2010-229)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY (NOXIOUS WEED CONTROL
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herein is subject to change upon further review and approval by the Whatcom
County Council.
BOARD) AND WASHINGTON STATE DEPARTMENT OF ECOLOGY FOR THE
TREATMENT AND MONITORING OF FLOWERING RUSH IN SILVER LAKE IN
THE AMOUNT OF $55,000 (AB2010-230)
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A GRANT
AGREEMENT BETWEEN WHATCOM COUNTY (NOXIOUS WEED CONTROL
BOARD) AND THE SALMON RECOVERY FUNDING BOARD FOR INVENTORY,
TREATMENT AND MONITORING OF SATELLITE KNOTWEED POPULATIONS
ALONG THE UPPER REACHES OF THE SOUTH, NORTH AND MIDDLE FORKS OF
THE NOOKSACK RIVER IN THE AMOUNT OF $89,000 (AB2010-231)
6. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND THE WASHINGTON STATE
MILITARY DEPARTMENT, EMERGENCY MANAGEMENT DIVISION TO ENHANCE
LAW ENFORCEMENT PREPAREDNESS AND OPERATIONAL READINESS ALONG
THE LAND BORDERS OF THE UNITED STATES THROUGH THE US
DEPARTMENT OF HOMELAND SECURITY FFY2009 OPERATION
STONEGARDEN PROGRAM IN THE AMOUNT OF $829,580 (AB2010-232)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND BRAUN CONSULTING GROUP
FOR PROFESSIONAL LABOR NEGOTIATION SERVICES IN THE AMOUNT OF
$52,320 (AB2010-233)
Mann reported for Finance and Administrative Services Committee and moved to
approve the request.
Brenner stated she is opposed to this contract. County Human Resource staff should
handle labor negotiation services. After hearing the State of the Union, she knows that
County employees would be willing to do as much belt -tightening as everyone else to make
sure the County can operate. County staff can do just as good a job as this contractor.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner and Knutzen (2)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $445,062 (AB2010-223) (7:43:34 PM)
Mann reported for Finance and Administrative Services Committee and moved to
adopt the ordinance. He is opposed to the funding for paramedic training. Medic One
agreements may change and are in flux. It doesn't seem prudent to keep spending money
when they don't know what the final product will be.
Brenner stated she is not supporting any money for training any more paramedics
until the ones already trained are certified. All parties agreed to the operation of the fifth
medic unit, but it has been disrupted and prevented during every step. The trainees have
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herein is subject to change upon further review and approval by the Whatcom
County Council.
been through all their training classes, but can't get certified locally by the same person who
represents the medics in Bellingham. They are supposed to be a unified system. She will
support the medic from Point Roberts, which is a separate issue and an emergency.
Knutzen stated he agrees with Councilmember Brenner. Bifurcate the two requests.
Mann withdrew the motion to adopt.
Kershner moved to adopt the substitute ordinance.
Dana Brown -Davis, Clerk of the Council, stated it's best procedurally to have a
discussion and then vote only on one of the three options.
Kershner withdrew her motion.
Nelson moved to adopt the original ordinance and moved to amend the ordinance
to remove the $395,062 for the City of Bellingham.
Kershner stated she is against the motion to amend. It's in the best interest of the
County and public to pay this cost and avoid a lawsuit with associated costs. Take up these
issues separately. She is just as disappointed in the situation with paramedic training as
Councilmember Brenner. However, it's not in the interest of the taxpayers to bring on a
lawsuit from the City of Bellingham by not paying these training costs.
Brenner stated they are supposed to represent the public. She doesn't know why
they are voting on this if it's a done deal. If the County Council approves this funding, she's
concerned the City will continue to stall on certifying the trained paramedics.
Crawford stated two of the paramedic trainees are certified, and the issue is over two
other paramedic trainees. He doesn't know where everything stands.
Brenner stated they all should have been certified by now. They had to train in
Seattle and do their field work in Wenatchee. No judge will rule on the side of that kind of
treatment.
Crawford stated he is against the motion to amend. They must move forward on the
emergency medical services (EMS) issue. Withholding this money won't leverage the City's
actions or the Union's actions. The money was already budgeted in the 2010 budget. The
Executive and Mayor agreed to spend it. The City of Bellingham has moved forward with
their training on the assumption that the budget allocation process would go through.
However, he agrees with the sentiments expressed. It's past time for a fundamental shift in
the administration of the Whatcom Medic One system. The County needs to propose a
different administrator for the system, rather than Whatcom County. He shares the
disappointment expressed about the outcome of the City's administration. The
administration of the Medic One system must change. One idea is to compartmentalize
various service delivery elements of the system, such as each medic unit. Operate and
administer in a way to allow the City certain significant responsibilities for certain units.
Regarding transport, training, and county units, the County can take on an administrative
role.
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Brenner stated she wants to keep the system unified, not split up. If they can't work
cooperatively, she may agree to that. This is an issue of doing things in order. This
training money was set aside, but not for this year. The medical director who certifies the
paramedics works part time for the City of Bellingham. There is a conflict of interest. Stand
firm.
Nelson stated he's concerned about the conflict between the community's desire for
a unified system and the rural community's desire to have a more localized system. He
asked the County's future direction.
Dewey Desler, Deputy Administrator, stated they should stay the course. This
County government provided leadership for the entire county, including the cities and fire
districts, in unanimously adopting a plan, which was to sustain four medic units in the City
of Bellingham and add additional capacity over the future years, beginning with a fifth unit
in Fire District 7. Even with the frustrating circumstances, they have stayed this course. All
governments in the community approved the plan. If governments don't want to implement
the plan, they must come together again and talk about what comes next. This plan is to
sustain, not enlarge, the four medic units in Bellingham. They won't need to train any more
Bellingham paramedics for three or four years. They need to train the officers at District 7
and the Point Roberts officer.
Knutzen stated there is a motion to amend. He understands the administration view
that the County must pay its debts through the interlocal agreement. There is some
question of whether the other side followed through on the agreement. There was an open
enrollment class that is now a closed enrollment class. It's unfair to the Chief and people of
Point Roberts to bundle their request into the same proposal, which may limit the County
Council to approving one and not the other. Approve the money for the Point Roberts chief.
Weimer stated he is tired of the entire issue, which has been going on for a few
years. There is much confusion and conflict on all sides. Budget requests that haven't been
recommended have come to the Council as emergencies. All the cities and the people voted
to reinvigorate the EMS committee to deal with strategies for how EMS goes forward, a
budget recommendation in a timely manner, and conflicts. All on that committee are EMS
experts. He is not. Move forward with that committee. Put budget recommendations and
system solutions through the committee. However, they will lose this $395,000. There is
an interlocal agreement. He tends to want to change his vote. The County Council has
made it clear that it wants a better system. Vote to approve both of these requests this
evening, then make sure the EMS Committee is reinvigorated per the Plan. If that
committee can't make a recommendation, the County will have to redesign the system.
The motion to amend failed by the following vote:
Ayes: Brenner (1)
Nays: Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (6)
Brenner stated she would like to bifurcate the two requests.
The motion to adopt the original ordinance carried by the following vote:
Ayes: Nelson, Crawford, Weimer, Mann and Kershner (5)
Nays: Brenner (1)
Abstain: Knutzen (1)
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2. REQUEST APPROVAL OF A DIFFERENT COST -SHARE FORMULA THAN THE
STANDARD 70/30 FORMULA SPECIFIED IN THE FCZD CONSTRUCTION
COST -SHARE PROGRAM FOR CONSTRUCTION OF THE ACME PHASE 2
PROJECT IN CONJUNCTION WITH THE ACME/VANZANDT SUBZONE
(AB2010-226) (8:11:35 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the request.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
BELLINGHAM FOR ANNEXATION OF APPROXIMATELY 174 ACRES (KNOWN
AS THE BEN NETT/BAKE RVIEW/AIRPORT DRIVE ANNEXATION) (AB2010-
234) (8:12:58 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the request.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
4. CONSIDERATION OF HEARING EXAMINER'S RECOMMENDED APPROVAL OF A
PLANNED UNIT DEVELOPMENT AND PRELIMINARY BINDING SITE PLAN,
FILED BY THE PORT OF BELLINGHAM FOR "BELLINGHAM INTERNATIONAL
AIRPORT" (PUD2008-0001) (BSP2008-0003) (AB2010-224) (8:13:18 PM)
Knutzen reported for the Planning and Development Committee and moved to
approve the request.
Mann stated he is against the proposal. He has questions about the water supply
and implications for the jail. He is not comfortable with wording in the proposal, which
allows for commercial activity on Port property when other commercial real estate centers
throughout the county are hurting. They don't need to create more opportunities for the
Port to compete with the private sector.
Brenner stated the Port can only lease these properties at market value. They can't
undercut private businesses.
Mann stated it increases the supply.
Brenner stated the Port's job is to create business.
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Mann stated the Port is supposed to do job creating and economic development.
He's not sure that purpose is best served by being a landlord.
Brenner stated she agrees. The Port is supposed to pay for itself. It's not supposed
to be subsidized. She supports the Port because of the fact the land has to be offered and
has to be available at market value.
Weimer asked if this would impact jail siting.
Dewey Desler, Deputy Administrator, stated it would not.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer and Kershner (6)
Nays: Mann (1)
S. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO REDUCE
DEVELOPMENT POTENTIAL IN ZONING DISTRICTS WITHIN THE LAKE
WHATCOM WATERSHED (AB2010-185) (8:18:33 PM)
Knutzen reported for the Planning and Development Committee and moved to hold
this in Committee indefinitely. There is confusion about the boundaries. They will have to
deal with this within the context of the rural element. This item doesn't expire until
September.
Crawford stated the motion is out of order. The issue is up for discussion. He
moved to adopt the ordinance.
Brenner stated it behooves the County to make sure the boundary lines are correct.
She is interested in getting a workable transfer of development rights proposal together
with Councilmember Mann. When there is a question of whether properties at the edge of a
watershed are in or out of the watershed, the County should have the option to work with
the property owners. Otherwise, the owners have no predictability.
Nelson asked the number of lots affected.
Sam Ryan, Planning and Development Services, stated that the number of buildable
lots this would affect is less than 200.
Nelson stated he is against the moratorium. It has put people in the watershed on
hold for 15 years. The Council addressed stormwater, shorelines, and other things.
Everything is being done. None of these property owners intended to do the damage people
thought they would. It's an urban areas. Use regulatory tools to protect the watershed and
infrastructure, and quit punishing people.
Mann stated development in the watershed affects water quality. That's been
proven. They have a duty to protect the water supply. They are obligated to not take
property randomly. It doesn't feel right to change the rules on someone. He wants to
come up with a Transfer of Development Rights (TDR) Program that really works. Balance
protection of the watershed and agricultural land through a market -based system that
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compensates landowners. He asked for another six-month moratorium to work on a TDR
program. He moved to hold in committee indefinitely.
The motion to hold failed for lack of a super -majority by the following vote:
Ayes: Mann, Brenner, Knutzen and Kershner (4)
Nays: Weimer, Nelson and Crawford (3)
Crawford stated he is against the ordinance. Only three property owners have
indicated any interest. That indicates to him that there is very little desire by property
owners. The properties are compromised by critical areas and steep slopes. South Bay
properties have historical development patterns of large lots with a house in the middle.
There isn't any practical way for those to be divided into two lots. They need to work on
things that really make a difference to the lake. This is a textbook downzone. It's no way
to deal respectfully, realistically, and practically with the property owners in the watershed
on protection.
Brenner stated she is against the motion for opposite reasons. She supports the
downzone. Take people back a number of years. People talked about this for years before
the moratorium. People who wanted to develop had every opportunity to vest their lots.
The map changed. That bothers her. It has affected at least one property owner, maybe
more. She's disgusted with the comment that it's only one property owner.
Councilmembers are supposed to represent all property owners. If one property owner is
treated unfairly, it's still a matter of unfairness. She likes Councilmember Mann's
suggestion, especially as it applies to areas where they're not clear of watershed status.
Keep the moratorium in place, but make sure they have a mechanism in place to treat
people fairly. If they vote this down, the moratorium will stay in place.
The motion failed by the following vote:
Ayes: Weimer (1)
Nays: Brenner, Knutzen, Nelson, Crawford, Mann and Kershner (6)
6. ORDINANCE AMENDING WHATCOM COUNTY CODE, TITLE 20, TO CLARIFY
AND REVISE THE DEFINITION AND STANDARDS OF HOME OCCUPATIONS
(AB2010-047) (8:34:08 PM)
Knutzen reported for the Planning and Development Committee and stated the
committee made changes to the ordinance, and a hearing will be scheduled July 27, with
introduction on June 22.
7. NOMINATION AND POSSIBLE APPOINTMENT TO FILL A VACANCY ON THE
WHATCOM COUNTY BOARD OF EQUALIZATION, REPRESENTING DISTRICT 3
— APPLICANT: CAROLYN DWYER (AB2010-218) (8:34:56 PM)
Knutzen moved to appoint Carolyn Dwyer.
Nelson moved to suspend the rules and nominate and appoint this evening, with a
two-thirds affirmative vote of the entire council.
The motion to suspend the rules carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
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Nays: None (0)
The motion to appoint Carolyn Dwyer carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
8. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
GIz—rn'v'RSTON GEORGE WHITE AND LINDA LANCASTER AND HIS RE-
APPOINTMENT OF GLEN HALLMAN AND SHARON WOLF TO THE NORTHWEST
SENIOR SERVICES BOARD (AB2010-236) (8:36:32 PM)
Nelson moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
9. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
DAVID KINCHELOE TO THE WHATCOM COUNTY MENTAL HEALTH ADVISORY
BOARD (AB2010-237) (8:37:01 PM)
Brenner moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
INTRODUCTION ITEMS
Mann moved to accept the Introduction Items.
Weimer asked to postpone scheduling Introduction Item one in committee until July's
second meeting.
The motion to introduce items one and two carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
1. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20, TO ADD
PIPELINE SAFETY REGULATIONS (AB2010-238)
2. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, TWELFTH,
REQUEST, IN THE AMOUNT OF $1,109,001 (AB2010-239)
OTHER BUSINESS (8:38:50 PM)
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Brenner submitted a draft letter (on file) and moved to send the letter to the
Governor and federal government to defend businesses in Point Roberts. Send it to all
necessary officials.
Nelson stated he understands the letter, but doesn't like the format. It is confusing.
It's important to say that businesses are being impacted by changes in policy beyond the
scope of County control. If nothing else, the letter will alert them at the national level about
Whatcom County being impacted by border areas in the county. This has a great impact
economically on these areas.
Brenner amended her motion and moved to approve the letter with one change. She
will rewrite the letter so the last sentence becomes the first sentence in the letter, and the
sentence would be amended, The new H2B policy will have a grave
effect...."
The motion carried by the following vote:
Ayes: Brenner, Knutzen, Nelson, Crawford, Weimer, Mann and Kershner (7)
Nays: None (0)
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:48:32 PM)
Weimer stated he will not be at the next meeting.
Knutzen stated he got to tour Point Roberts.
Mann stated he and Councilmember Kershner took the Farm Friends tour about
starling control.
Brenner reported for the Public Works and Safety Committee about today's
presentation by Rodd Pemble, SSC Recycling Manager, regarding waste reduction
ideas (AB2010-241). Also, the Women in Timber tour is Friday at 8 a.m. at the Deming
Logging Show.
Nelson reported for the Natural Resources Committee on the discussion regarding
a proposed ordinance establishing a Forestry Advisory Committee for Whatcom
County (AB2010-225) and the discussion regarding Whatcom County Code 20.38,
Agriculture Protection Overlay (AB2010-240). There was a discussion of a Forestry
Advisory Committee. Mr. Engholm is a proponent of the committee. There are questions
remaining on financing and staffing. Also, they are still discussing how to appropriately -size
the agricultural overlay.
Kershner stated the starling program is very effective. She is inclined to continue
funding the program.
ADJOURN
The meeting adjourned at 8:52 p.m.
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Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
Dana Brown -Davis, Council Clerk
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Council Chair
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WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
June 15, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 9:02 a.m. in the
Courthouse Fifth Floor Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, L. Ward Nelson and Carl Weimer
Absent: None
1. DISCUSSION WITH THE ADMINISTRATION REGARDING 2011-2012 BUDGET
PREPARATION (AB2010-244)
Crawford stated they would talk today about general policy guidelines between the
administration and Council. He read a business newsletter he received from a lumber
company in Southern California regarding the economic outlook. They need to assume that
there isn't a lot of good news for 2011 and 2012. It will be challenging to sustain County
services at current levels. They may need to talk about reductions in County services.
Dewey Desler, Deputy Administrator, stated they have been aware of the economic
circumstances and the nature of issues they're facing in the community. Virtually all funds
are under stress, including the road fund, jail fund, and other funds. They expect the most
from the general fund, but it is under a lot of stress. The community expects a lot from that
fund and those services, but there are revenue restrictions. There will be increasing
problems with the general fund, given how the Growth Management Act GMA forces growth,
and associated taxes, into the cities.
He submitted and read from a presentation (on file) regarding actual revenue and
expenditures from 2006 through 2009 and projected revenue and expenses for 2010
through 2012. The rainy day fund accumulated over the years has sustained them since
2007. As revenue flattens and expenses rise, they forecast problems beginning in 2010.
The majority of the expenses are from employee costs, including pension obligations. Major
cost drivers aren't necessarily from growing programs, but from how they have to pay for
wages. They have made efforts to slow this growth and stabilize the general fund. At the
beginning of the year, the government needs about 10 percent of its revenue. If they
continue the current trajectory, the fund balance in 2011 is anticipated at $6 million and in
2012 is anticipated at $500,000. As a result of potential sales tax changes as applied to
Canadian citizens, the budget impact will be about $500,000 per year for each of the two
budget years.
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Through attrition, they've lost about 60 people in the last year and a half. Last May,
they felt they needed to save about $7 million by the end of 2010. It looks like they will hit
that target. He described the effect to the budget of continuing employee furloughs.
He asked the councilmembers to consider ideas that have been developed the past
few weeks. He submitted and read from the draft 2011-2012 Budget Development
Guidelines (on file). By the end of 2012, the County will be debt free from market -driven
bonds. The County will need to borrow money in the future for capital expenditures. It
must have a fund balance for legitimate emergencies. When they come out of this
recession, they will need to save money for a future rainy day.
There was discussion on the historical number of employees in the County; a modest
increase in new construction and sales tax revenue; whether interest rates will rise;
retraining existing staff to fill vacant positions; prioritizing County services; the effects of
attrition on different departments; providing services online; evaluating mandated versus
non -mandated permitting; expanding job descriptions to allow for filling in for other
positions; implementing targeted reductions rather than across-the-board reductions;
establishing criteria for evaluating service levels; how they involve unions in setting service
levels, and; whether the Council or Executive will develop direction.
list.
Crawford read the first guideline regarding service levels.
Brenner stated adopt by reference the Pierce County service priority list or a similar
Crawford read the second guideline regarding staffing.
Brenner stated she is not comfortable with two items about eliminating vacant
positions and attrition.
Nelson moved to amend, "Evaluate the elimination of Eliminate vacant positions
realized during the 2009-2010."
Brenner stated evaluate eliminating other, filled positions. Desler stated that
concept is embedded in the previous item.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Knutzen moved to add an item, "Evaluate the efficiencies of contracting out
services to the private sector, when possible."
There was discussion of whether union contracts prohibit the County from
contracting services to the private sector.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
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Kershner moved to amend, "Work with department heads to continue to create
savings and reduce staffing levels...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Crawford read the third guideline regarding structure of functions and services. He
moved to amend, "Review on non -mandated services... justice operations. Additionally,
provide a written analysis of costs and benefits of the use of any County funds used to
contract with private nonprofit organizations."
Weimer offered a friendly amendment to remove "nonprofit."
Crawford did not accept the friendly amendment.
Nelson suggested a friendly amendment, "...Additionally, provide a written
analysis of costs and benefits for the use of any county funds used to eentFaet with
for non -mandated services."
Crawford accepted the friendly amendment and amended his motion,
"...Additionally
, provide a written analysis of costs and benefits for the use of any county
funds used te centract with nenpFefit erganizatiens for non -mandated services awarded on a
noncompetitive basis."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Knutzen moved to amend "Reducing building space needs in all County government
operations, and sell surplus property as appropriate."
Kershner stated make sure they don't sell property they will need to have in the
future.
Brenner stated don't vacate property that can be used for stormwater retention.
Without due diligence and a vote from councilmembers, don't vacate properties that may be
useful, especially in the Lake Whatcom watershed.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Nelson asked about how the administration will explain to the Council that a new
service must be offset with efficiencies elsewhere. He moved to amend, "...to improve
operational efficiency consistent with the cost offsets in paragraph one, provide more
effective public access...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
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Nays: None (0)
Crawford read the fourth guideline about revenue. He moved to amend, "Review
Whatcom County taxes, levies, and fees, and propose as appropriate revenue neutral
adjustments to fund high priority services."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Crawford moved to add an item, "When appropriate, use interest income from
dedicated fund sources to fund general fund balances."
There was discussion about the legality of the motion; applying that motion to voter -
approved funds, and; supplementing the administrative overhead costs of dedicated funds.
The motion carried by the following vote:
Ayes: Crawford, Kershner, Knutzen and Nelson (4)
Nays: Mann, Weimer and Brenner (3)
Crawford read the next guideline about efficiencies.
Brenner moved to add an item, "Evaluate consolidation of County departments."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Bill Elfo, County Sheriff, stated there is a lot they can do with technology to eliminate
redundancies and achieve efficiencies. They will need to spend money to do those things.
There was discussion about interoperability with other law enforcement agencies.
Kershner moved to add an item, "Information management."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Crawford read the next guideline regarding ending fund balance and reserves. He
moved to add an item, "Ending fund balance of 10 percent or more of general fund
expenditures."
There was discussion about an appropriate ending fund balance amount; establishing
the motion to the road and flood funds; the ability to not have to borrow money and to
meet emergencies, and; creating a reserve fund for wants and warrants.
Crawford withdrew his motion.
Special Committee of the Whole - Budget Guidelines, 6/15/2010, Page 4
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Weimer moved to amend, "Adequate fund balances to meet cash flow to fund
operations without borrowing."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Weimer moved to amend to add an item, "Strive to maintain a $5 million reserve in
the flood fund for emergencies."
John Hutchins, Public Works Department, explained how the County staff determined
a level of $5 million to keep in reserve for flood response.
Weimer amended his motion and moved to add an item, "Maintain an adequate
reserve in the flood fund to respond to emergencies."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Crawford read the last guideline on other cost savings.
Crawford moved to amend, "...recommend other cost -saving measures, including
across the board and/or targeted reductions...."
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann, Nelson and Weimer (7)
Nays: None (0)
Knutzen stated he would like to request that they look at ways to contract services
to the private sector.
Crawford stated the Executive will propose the budget for the Council to approve.
It's great that the Council, Executive, and Deputy Administrator can meet early in the
budget process to collaborate, which the Charter doesn't require.
ADJOURN
The meeting adjourned at 11:28 a.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole — Budget Guidelines, 6/15/2010, Page 5
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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.
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County Council.
WHATCOM COUNTY COUNCIL
Committee Of The Whole
June 22, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 6:15 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann
and L. Ward Nelson
Absent: Carl Weimer
1. UPDATE AND DISCUSSION REGARDING LUMMI ISLAND FERRY DOCK
NEGOTIATIONS (AB2010-018)
Crawford stated that discussion of agenda item one may take place in executive
session pursuant to RCW42.30.110 (1)(i). Executive session will conclude at 7:00 p.m.
Nelson moved to go into executive session until 7:00 p.m. to discuss the agenda
item pursuant to RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Nelson (6)
Nays: None (0)
Absent: Weimer (1)
OTHER BUSINESS
ADJOURN
The meeting adjourned at 7:00 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Committee of the Whole, 6/22/2010, Page 1
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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.
Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair
Committee of the Whole, 6/22/2010, Page 2
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
June 22, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 10:00 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (10:04:29 AM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann and L. Ward Nelson
Absent: Carl Weimer
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL (AB2010-143A)
There was discussion of whether Code section 2.02.095 should be moved to
Whatcom County Code (WCC) 2.03, and how to remove people from appointed boards and
commissions.
Crawford stated a motion was held from the last meeting on this issue.
Councilmember Mann had moved to amend 2.02.095, "...and committees which exercise
administrative or legislative functions."
The following people answered questions:
• Dana Brown -Davis, Clerk of the Council
• Karen Frakes, Prosecutor's Office
Mann withdrew his motion.
Crawford moved to delete 2.02.095 in its entirety.
The motion carried by the following vote: (10:18:30 AM)
Ayes: Brenner, Crawford, Kershner, Knutzen, Mann and Nelson (6)
Nays: None (0)
Absent: Weimer (1)
Mann moved to amend 2.02.110 as it is proposed in the Council packet.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None (0)
Special Committee of the Whole - AM Meeting, 6/22/2010, Page 1
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Absent: Weimer (1)
Brenner moved to approve 2.02.130 as it's proposed in the Council packet.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None (0)
Absent: Weimer (1)
Mann moved to approve 2.02.135 as it's proposed in the Council packet.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None(0)
Absent: Weimer (1)
Nelson moved to amend 2.02.150, "The chairperson shall supervise the clerk of the
council, the planiging and peliey analyst, a the contracted hearing examiner, and other
personnel selected by the County Council; provided,...."
Brenner suggested a friendly amendment to eliminate the reference to the
Hearing Examiner.
Nelson accepted the friendly amendment, "The chairperson shall supervise the
clerk of the council, ,
and other personnel selected by the County Council; provided,...."
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None(0)
Absent: Weimer (1)
Nelson moved to delete 2.02.165 in its entirety.
There was discussion about whether the County Council may hire another planning
and policy analyst and not identifying a specific position in this code.
The motion failed by the following vote:
Ayes: Crawford, Knutzen and Nelson (3)
Nays: Brenner, Mann and Kershner (3)
Absent: Weimer (1)
Brenner moved to amend 2.02.165, "In addition to personnel who may be selected
in 2.02.150, T#e A position of planning, aid policy, and/or budget analyst sbaH may be
employed as an independent staff member reporting to the county council, and Shall would
be responsible for such duties as may be assigned by the county council."
Crawford suggested a friendly amendment to remove the first part of the
sentence.
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Brenner accepted the friendly amendment, "The A position of planning, afrd policy,
and/or budget analyst s4a4l may be employed as an independent staff member reporting to
the county council, and shall would be responsible for such duties as may be assigned by
the county council."
Kershner suggested a friendly amendment, (10:40:05 AM) "If additional staff
members are selected by the County Council, The A pesitien ef planning, and pelmey,
budget analyst they shall may be employed as a+R independent staff members reporting to
the county council, and shall would be responsible for such duties as may be assigned by
the county council."
Brenner accepted the friendly amendment
Knutzen suggested a friendly amendment, "If additional staff members are
selected by the county council, The A pesitiR_ and , and/eF budget analyst
they shall may be employed as air independent staff members reporting to the county
council, and shall would be responsible for such duties as may be assigned by the county
council by an affirmative roll -call vote of two-thirds of the county council."
There was discussion on how the Council would select additional independent staff.
Brenner accepted the friendly amendment and amended the motion, "If additional
staff members are selected by the county council, ,
and/eF budget analyst they shall may be employed as aft independent staff members
reporting to the council, and shall would be responsible for such duties as may be assigned
by the council by an affirmative vote of two-thirds of the council."
Nelson stated take the entire section out. Each council will have to decide how they
want to do the selection process. This will tie the hands of future councils on how they
should determine whether any type of analyst is used. They are defining specifics of what
that council can and can't do. However, a future council may change the language, so he's
not that uncomfortable with the language. He's more comfortable with Councilmember
Kershner's proposal to remove specificity. However, put it under the duties of the Chair.
The Chair will have to make sure an analysts work projects are established fairly.
Crawford suggested a friendly amendment to amend, "2.02.165 Planning and
Other staff reporting directly to the County Council. If additional staff
members are selected by the county council, The A PeSitieR ef planning, and pelicy,
budget analys they shall fn-ay be employed as an independent staff members reporting to
the council, and shall would be responsible for such duties as may be assigned by the
council by an affirmative vote of two-thirds of the council."
Brenner accepted the friendly amendment.
Kershner suggested a friendly amendment, "2.02.165 Planning and pelicy
aialyst Other staff selected by the County Council. If additional staff members are selected
by the county council, they
shall array be employed as an independent staff members reporting to the council, and Shall
would be responsible for such duties as may be assigned by the council by an affirmative
vote of two-thirds of the council."
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner accepted the friendly amendment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen and Kershner (5)
Nays: Nelson (1)
Absent: Weimer (1)
Mann moved to approve 2.02.170 as proposed in the Council packet.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None (0)
Absent: Weimer (1)
Knutzen moved to approve 2.02.190 as proposed in the Council packet.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner and Nelson (6)
Nays: None(0)
Absent: Weimer (1)
Crawford stated this will go forward to the Council as amended.
2. DISCUSSION REGARDING THE PROPOSED ORDINANCE AMENDING
WHATCOM COUNTY CODE 2.03, BOARDS AND COMMISSIONS (AB2010-
143B)
The committee did not discuss this item.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:00 a.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole — AM Meeting, 6/22/2010, Page 4
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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.
Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair
Special Committee of the Whole - AM Meeting, 6/22/2010, Page 5
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herein is subject to change upon further review and approval by the Whatcom
County Council.
WHATCOM COUNTY COUNCIL
Special Committee Of The Whole
June 22, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 2:18 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen and Ken
Mann
Absent: Carl Weimer and L. Ward Nelson
COMMITTEE DISCUSSION
1. RURAL ELEMENT UPDATE - DISCUSSION OF GROWTH MANAGEMENT ACT
REQUIREMENTS AND THE PLANNING COMMISSION RECOMMENDATIONS
(AB2010-072)
Gary Davis, Planning and Development Services Department, submitted a rural
element update checklist of proposed changes (on file) and submitted and read from a
presentation (on file).
Discussion (2:39:15 PM) included a criteria about actual building sizes and
limitations at the 1990 date; allowing successful businesses to expand; whether residential
limited areas of more intense rural development (LAMIRDs) with businesses in the area are
considered residential LAMIRDs; the origin of the density overlay concept in Clallam County;
the difference between the density overlay and rural conservation zone; (2:53:02 PM) the
reason for using the density overlay at Cain Lake; preserving existing zoning to avoid
downzones whenever possible; the mechanisms by which they can justify their decisions;
whether the Hearings Board found rural residential, one house per two acres (RR2) is out of
compliance throughout the county; whether or not allowing development at a density of the
current zoning in the area east of Cain Lake Road would be considered sprawl; (3:25:15
PM) whether changing the description of rural is an alternative to changing the zoning;
(3:30:50 PM) the hazards of Chuckanut Drive; the status of a vested plat at Governor's
Point; in the Comprehensive Plan, defining the rural character of each area and creating a
broader definition of rural character, rather than relying only on a narrow definition of rural
character; how to define a LAMIRD that defines a rural character at Emerald Lake; adjacent
forestry that creates a logical boundary for Emerald Lake; (3:56:45 PM) using the 1990
water lines as justification for the Fort Bellingham LAMIRD, and; whether the density
overlay would allow the City the option to bring the Fort Bellingham into the urban growth
area (UGA).
Brenner asked to know the average lot size for each area.
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Bob Wiesen, 3314 Douglas Road, Ferndale, stated Fort Bellingham is a potential area
for a transfer of development rights (TRD) receiving area. Many of these areas will no
longer be farmed. If Bellingham doesn't take its growth, the County can infill these areas.
Make the most efficient use of everything they can.
Clayton Petree, citizen, read from the rural element regarding rural character and
density (4:07:34 PM). There are many historical communities at a density of one unit per
acre or less for which they must maintain the character. That density is just fine. Talk
about and justify why they want the densities they want for historic, rural communities.
Whatcom County is not the same as another county. The rural element is however they
define it. Clallam County has residential LAMIRDs adjacent to urban growth areas (UGAs).
Dannon Traxlor, 709 Dupont Street, stated the Council is headed in a great direction.
Define rural character generally and for specific areas. Start with top -down policy
considerations, including the Planning Commission recommendations and policy
determinations. Apply those policies to the individual maps. An overlay is still a downzone.
Create a LAMIRD or retain the rural zoning. She represents the Governor's Point
Development Company. The waterlines depicted on the County's map are inaccurate. She
will submit the correct information.
Doug Campbell, 1401 Astor Street, read the definition of a built environment from
the Revised Code of Washington (RCW) 43.21C.110. Looking at the utility is the right
direction to go. Someone had asked if a water line in an area may serve a dedicated use to
fill a tank. Many water systems have services from those mains and also provide fill to a
tank. Few are dedicated lines. They are going down the right path with Fort Bellingham.
That neighborhood is well-defined. It was a land -grab area. Look at some subareas within
some of the rural areas. There may be historic neighborhoods to consider separately.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 4:14 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on , 2010.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Special Committee of the Whole - PM Meeting, 6/22/2010, Page 2
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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.
Dana Brown -Davis, Council Clerk Sam Crawford, Council Chair
Special Committee of the Whole - PM Meeting, 6/22/2010, Page 3
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County Council.
WHATCOM COUNTY COUNCIL
Regular County Council
June 22, 2010
CALL TO ORDER
Council Chair Sam Crawford called the meeting to order at 7:07 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL (7:07:32 PM)
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, and L. Ward Nelson
Absent: Carl Weimer
FLAG SALUTE
ANNOUNCEMENTS
Crawford announced that there was discussion regarding the proposed
ordinance amending Whatcom County Code 2.02, County Council (AB2010-143A)
and discussion regarding the proposed ordinance amending Whatcom County Code
2.03, Boards and Commissions (AB2010-143B) at the Special Committee of the Whole
meeting this morning. The Committee did not take any action.
He announced there was also a Rural Element update - discussion of Growth
Management Act requirements and the Planning Commission recommendations
(AB2010-072) during the afternoon Special Committee of the Whole meeting. The
Committee did not take any action.
He finally announced update and discussion regarding Lummi Island Ferry
dock negotiations (AB2010-018) in executive session during the evening Committee of
the Whole meeting.
MINUTES CONSENT (7:09:25 PM)
Brenner moved to approve Minutes Consent items one through four.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. SPECIAL COMMITTEE OF THE WHOLE FOR MAY 25, 2010
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herein is subject to change upon further review and approval by the Whatcom
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2. COMMITTEE OF THE WHOLE FOR MAY 25, 2010
3. REGULAR COUNTY COUNCIL FOR MAY 25, 2010
4. BOARD OF HEALTH FOR JUNE 1, 2010
OPEN SESSION (7:09:54 PM)
The following people spoke:
• Eric Hirst, 1932 Rhododendron Way, spoke on cleaning up Lake Whatcom.
• Kay Sardo, 510 South State Street, submitted a handout (on file) and spoke about
jail expansion and ending homelessness.
• Barbara Sternberger, 4540 Curtis Road, submitted a handout (on file) and spoke
about jail site review.
• Dorothy Dale, 741 Chuckanut Drive, spoke on the Women, Infants, and Children
(WIC) program.
• John Munson, 2195 Lummi Shore Road, spoke on the WIC program.
• Bob Marshall, 3122 Alderwood Avenue, spoke on the WIC program.
• Amanda Grove, 2601 Utter Street, spoke on the WIC program.
• Betsy Pernotto, 3112 Alderwood Avenue, spoke on the WIC program.
• Leonard Lindstrom, 2815 West Maplewood, spoke on social issues.
• Rachel Haley, 1503 McKenzie Avenue, spoke on the WIC program.
• Mary Prinsen, 3391 Nicole Lane, spoke on the WIC program.
• Melanie Prinsen, 3391 Nichole Lane, spoke on the WIC program.
• Ellen Lebitz, 3635 Bay Road, submitted a handout (on file) and spoke about WIC
program.
• Susan Griffin, citizen, spoke on the WIC program.
• (Clerk's Note: The speaker following Susan Griffin requested that his/her testimony
not be included in the minutes.)
• Carrie Blackwood, 1123 19t" Street, spoke on the WIC program.
• Teresa Sygitowicz, 3031 Clipper Road, spoke on the Acme Flood Zone and a potential
wash out.
• Mark Lowery, 2442 Pheasant Way, spoke on the WIC program.
• DeAnna Cain, 9042 Dearborn Avenue, submitted a handout (on file) and spoke about
the Harbor Shore rezone.
• Cyprian Woo, ADDRESS REDACTED 6/1/2011, spoke about the Harbor Shore rezone.
• Phil Hutchings, 9076 Shipyard Lane, submitted a handout (on file) and spoke about
the Harbor Shore rezone.
• Katheryn McMurdock, 409 Donovan Avenue, spoke on the WIC program.
• Michael Gleeson, submitted a handout (on file) and spoke on E-Verify.
• Ken Gass, 2107 Evening Star Lane, spoke on the WIC program.
• Dale Vander Giessen, 9075 Dearborn Avenue, spoke on the Harbor Shore Project.
• Dennis Jones, 1487 Sudden Valley, spoke on Lake Whatcom.
• Joan Dow, 5491 Woodfern Lane, spoke on E-Verify.
• Liz Gleeson, 4761 Mosquito Lake Road, spoke about E-Verify.
• Deanna Hutchings, 9076 Shipyard Lane, spoke about the rezone of Harbor Shores.
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County Council.
• Bob Wiesen, 3314 Douglas Road, spoke on the County's cost of development, limited
areas of more intense rural development (LAMIRDs), and a Lake Whatcom
moratorium.
Fred Kinney, 4164 Legoe Bay, spoke on the Lummi Ferry shut down.
Jim Dickinson, 2094 West Shore Drive, spoke on ferry issues.
CONSENT AGENDA (8:24:39 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through 12.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WORK OPPORTUNITIES INC.
(THROUGH FUNDING FROM THE WASHINGTON STATE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES, DIVISION OF DEVELOPMENTAL
DISABILITIES) FOR "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY
ACCESS" SERVICES TO ASSIST INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES, IN AN AMOUNT THAT WILL VARY DEPENDING ON NUMBER
OF CLIENTS AND TYPES OF SERVICES AUTHORIZED (AB2010-245)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND ADVANCEMENT NORTHWEST
(THROUGH FUNDING FROM THE WASHINGTON STATE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES, DIVISION OF DEVELOPMENTAL
DISABILITIES) FOR "PATHWAYS TO EMPLOYMENT" AND "COMMUNITY
ACCESS" SERVICES TO ASSIST INDIVIDUALS WITH DEVELOPMENTAL
DISABILITIES, IN AN AMOUNT THAT WILL VARY DEPENDING ON NUMBER
OF CLIENTS AND TYPES OF SERVICES AUTHORIZED (AB2010-246)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT FOR SERVICES BETWEEN WHATCOM COUNTY AND MATERIAL
TESTING AND CONSULTING, INC. FOR SAMPLE COLLECTION, INSPECTION,
AND TESTING OF CONCRETE, ASPHALT, AGGREGATES AND OTHER
CONSTRUCTION MATERIALS TO ENSURE COMPLIANCE WITH
SPECIFICATIONS ON PUBLIC WORKS PROJECTS, IN AN AMOUNT NOT TO
EXCEED $50,000 (AB2010-247)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SAN JUAN ISLAND
COMMUTER FOR TEMPORARY PASSENGER FERRY SERVICE BETWEEN
GOOSEBERRY POINT AND LUMMI ISLAND, IN THE AMOUNT OF $58,482
(AB2010-248)
Whatcom County Council, 6/22/2010, Page 3
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
S. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
WATER TRANSMISSION LINE EASEMENT BETWEEN WHATCOM COUNTY AND
MT. BAKER WATER ASSOCIATION, INC. TO RELOCATE AN EXISTING
WATERLINE AND EASEMENT ON COUNTY PARKS DEPARTMENT PROPERTY
TO ACCOMMODATE THE CONSTRUCTION OF WSDOT ROUNDABOUT AT THE
INTERSECTION OF SMITH AND MT. BAKER HIGHWAY (AB2010-249)
6. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND CASCADE VOCATIONAL
SERVICES (THROUGH FUNDING FROM THE WASHINGTON STATE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, DIVISION OF
DEVELOPMENTAL DISABILITIES) TO PROVIDE "PATHWAYS TO
EMPLOYMENT" SERVICES, IN AN AMOUNT THAT WILL VARY DEPENDING ON
NUMBER OF CLIENTS AND TYPES OF SERVICES AUTHORIZED (AB2010-250)
7. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SERVICE ALTERNATIVES
(THROUGH FUNDING FROM THE WASHINGTON STATE DEPARTMENT OF
SOCIAL AND HEALTH SERVICES, DIVISION OF DEVELOPMENTAL
DISABILITIES) TO PROVIDE "PATHWAYS TO EMPLOYMENT" AND
"COMMUNITY ACCESS" SERVICES, IN AN AMOUNT THAT WILL VARY
DEPENDING ON NUMBER OF CLIENTS AND TYPES OF SERVICES
AUTHORIZED (AB2010-251)
8. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WASHINGTON VOCATIONAL
SERVICES (THROUGH FUNDING FROM THE WASHINGTON STATE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, DIVISION OF
DEVELOPMENTAL DISABILITIES) TO PROVIDE "PATHWAYS TO
EMPLOYMENT" SERVICES, IN AN AMOUNT THAT WILL VARY DEPENDING ON
NUMBER OF CLIENTS AND TYPES OF SERVICES AUTHORIZED (AB2010-252)
9. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN SUPPORTED
EMPLOYMENT (THROUGH FUNDING FROM THE WASHINGTON STATE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, DIVISION OF
DEVELOPMENTAL DISABILITIES) TO PROVIDE "PATHWAYS TO
EMPLOYMENT" SERVICES IN AN AMOUNT THAT WILL VARY DEPENDING ON
NUMBER OF CLIENTS AND TYPES OF SERVICES AUTHORIZED (AB2010-253)
10. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 10-22
TO LOW BIDDER, JANSEN, INC. FOR THE SUPPLY OF LARGE WOODY
DEBRIS, IN THE AMOUNT OF $147,234.50 (AB2010-254)
11. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND SOLE SOURCE VENDOR, K&H
INTEGRATED PRINT SOLUTIONS, FOR ELECTION ENVELOPES, IN THE
AMOUNT OF $90,155 (AB2010-255)
Whatcom County Council, 6/22/2010, Page 4
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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.
12. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A LEASE
AGREEMENT BETWEEN WHATCOM COUNTY PARKS AND RECREATION
DEPARTMENT AND COLDSTREAM FARM, LLC FOR THE 9 MONTH LEASE OF
EAST ACME FARM, IN THE AMOUNT OF $6,400 (AB2010-259)
13. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND WHATCOM COUNTY COUNCIL
ON AGING (THROUGH FUNDING FROM THE WASHINGTON STATE
DEPARTMENT OF SOCIAL AND HEALTH SERVICES, DIVISION OF
DEVELOPMENTAL DISABILITIES) FOR -COMMUNITY ACCESS" SERVICES TO
ASSIST INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES, IN AN
AMOUNT THAT WILL VARY DEPENDING ON NUMBER OF CLIENTS AND TYPES
OF SERVICES AUTHORIZED (AB2010-262) (8:26:02 PM)
Dewey Desler, Deputy Administrator, stated the document was delayed, but is now
complete.
Kershner stated this is a community access service and part of the unemployment
program. It is offered to folks with developmental disabilities. It seems the request was
accidentally omitted from the packet. She moved to approve the request.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
OTHER ITEMS
1. ORDINANCE AMENDING THE 2010 WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $1,109,001 (AB2010-239) (8:28:00 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
2. NOMINATION AND POSSIBLE APPOINTMENT TO FILL A VACANCY ON THE
WHATCOM COUNTY SOLID WASTE ADVISORY BOARD, REPRESENTING
SOLID WASTE DISPOSAL FACILITY - APPLICANT: PETE EDWARDS
(AB2010-242) (8:28:29 PM)
(Clerk's Note: The Council may approve a motion to suspend the rules and nominate
and appoint this evening, with a two-thirds affirmative vote of the entire Council.)
Brenner moved to suspend the rules to nominate.
Whatcom County Council, 6/22/2010, Page 5
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herein is subject to change upon further review and approval by the Whatcom
County Council.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
Knutzen moved to appoint Pete Edwards.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
3. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
ATINA CASAS TO THE WHATCOM COUNTY MARINE RESOURCES COMMITTEE
(AB2010-256) (8:30:15 PM)
Mann moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
4. RESOLUTION IN SUPPORT OF CONTINUING THE MULTI -AGENCY
COORDINATION CENTER IN WHATCOM COUNTY (AB2010-243) (8:30:44 PM)
Brenner moved to approve the resolution.
Mann asked how much this is going to cost.
Dewey Desler, Deputy Administrator, stated it hasn't cost the County anything. The
Federal Government invested a lot of money in the facility. The County is keeping the
facility from going dark, so there aren't extensive expenses. The Center is used as a
command center. In the future, it's available to all agencies that participated in this
program in the past. Personnel from different jurisdictions are operating out of the center.
The Center is really the new emergency command center for this area.
Pete Kremen, County Executive, stated it would be helpful for the councilmembers to
see the Center. It is one of the top five emergency centers in the country. It is a state-of-
the-art center, provided for the Olympics. The facility will help with all kinds of
emergencies for all responders. To fully appreciate the facility, they have to see it. It gives
the County more opportunity to work cohesively and collaboratively with all the law
enforcement and emergency responders. They are very fortunate. It is as real bargain for
the County.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
Whatcom County Council, 6/22/2010, Page 6
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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.
S. REQUEST APPROVAL TO SEND A LETTER IN SUPPORT OF THE OPPORTUNITY
COUNCIL'S APPLICATION FOR A HOUSING PRESERVATION GRANT, IN AN
AMOUNT UP TO $100,000 (AB2010-027) (8:35:08 PM)
Crawford stated this is a letter for the Opportunity Council. The County isn't
applying for a grant. The Council should show support for this grant application. He
moved to approve the request.
Brenner suggested a friendly amendment to move the last sentence to the
beginning of the letter with the first sentence. They already know the Opportunity Council
applied.
Crawford accepted the friendly amendment. They can rearrange the sentences
tomorrow, and he will resign it.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
INTRODUCTION ITEMS (8:37:50 PM)
Nelson moved to accept the Introduction Items.
Mann stated the Harbor Shores ordinance is just being introduced tonight. They
aren't making that decision tonight.
The motion carried by the following vote:
Ayes: Nelson, Crawford, Brenner, Knutzen, Mann and Kershner (6)
Nays: None (0)
Absent: Weimer (1)
1. ORDINANCE ESTABLISHING PARKING RESTRICTIONS ON LOCUST AVENUE
(AB2010-257)
2. ORDINANCE AMENDING THE WHATCOM COUNTY COMPREHENSIVE PLAN
AND ZONING MAP FOR PROPERTY KNOWN AS HARBOR SHORES LOCATED
ON BLAINE ROAD, SOUTH OF DAKOTA CREEK (AB2010-258)
OTHER BUSINESS (8:38:36 PM)
There was no other business.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS (8:38:50 PM)
Kershner stated she has been appointed to the Washington State Association of
Counties Steering Committee.
Whatcom County Council, 6/22/2010, Page 7
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Nelson stated he won't be able to attend the Health Committee meeting next week.
Crawford stated he will attend the State Transportation Improvement Board meeting
tomorrow night. The Executive Director resigned to go work in the private sector.
ADJOURN
The meeting adjourned at 8:40 p.m.
Jill Nixon, Minutes Transcription
The Council approved these minutes on
ATTEST:
Dana Brown -Davis, Council Clerk
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Council Chair
Whatcom County Council, 6/22/2010, Page 8
200
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2010-054C
CLEARANCES
Initial
Date
Date Received in Council Ofrice
Agenda Date
Assigned to:
DS
05104110
05/II/I0
Committee of
Originator-
ss
�f1j IC !I
C V D
the Whole
Division Head:
5/11/10
Introduce i
Dept. Head:
5/25/2010
Reintroduce
MAY 0 4 2010
Prosecutor:
WHATCOM COUNTY
7/13/2010
Hearing
Purchasing/Budget:
COUNCIL
Executive:
�{
TITLE OFDOCU NT: AN ORDINANCE AMENDING ORDINANCE 2009-071, THE OFFICIAL
WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY COMPREHENSIVE PLAN AND
MAPS, TO IMPLEMENT CHANGES RELATING TO COMPLETION OF THE 10 YEAR REVIEW OF THE
URBAN GROWTH AREAS REQUIRED UNDER THE GROWTH MANAGEMENT ACT
ATTACHMENTS: Draft Ordinance
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( x ) Yes ( ) NO
SEPA review completed? ( ) Yes ( x )
Requested Date: July 13, 2010
NO
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.)
An Ordinance Amending Ordinance 2009-071, The Official Whatcom County Zoning Map, And The Whatcom County
Comprehensive Plan And Maps, To Implement Changes Relating To Completion Of The 10 Year Review Of The Urban
Growth Areas Required Under The Growth Management Act, specifically the UGAs of Birch Bay, Ferndale, Nooksack and
Sumas
COMMITTEE ACTION.
COUNCIL ACTION.
5/11/2010: Discussed. Majority of COTW
5/11/2010: Introduced
approved ordinance. Staff will send it to the
5/25/2010: Reintroduced revised version
CTED for 60—day review period. Ordinance to
(change to map UGA4—a) of the ordinance
be introduced tonight. Hearing held July 13.
introduced per PDS
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at. www.co.whatcom.wa.uslcouncil.
201
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES t-a-
5280 Northwest Drive, Suite BBellingham, WA 98226-9097360-676-6907, 360-380-8100
360-738-2525 Fax
MEMORANDUM
TO:
Matt Aamot
FROM:
David Stalheim, Director
DATE:
May 17, 2010
RE:
Ferndale Industrial Parcel
DAVID STALHEIM
Director
J.E. "SAM" RYAN
Assistant Director
In reviewing the revised land capacity analysis for Ferndale that included the Vista Malloy area,
we noticed that approximately 4 additional acres of industrial land use was included in the
expansion. This is due to a parcel along Portal Way that currently has a house on it, but was
previously zoned Light Impact Industrial.
The zoning map that was introduced by the County Council put a residential land use category
on this property. It seems more proper that this property receive the original Light Impact
Industrial zoning, so a revised zoning map has been prepared for Council introduction.
The affected parcel is identified below:
202
Preliminary Draft Ordinance May 10, 2010
SPONSORED BY: Consent
PROPOSED BY: Consent
IN"rRODUCTION DATE: , 2010
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE 2009-071, THE OFFICIAL
WHATCOM COUNTY ZONING MAP, AND THE WHATCOM COUNTY
COMPREHENSIVE PLAN AND MAPS, TO IMPLEMENT CHANGES RELATING TO
COMPLETION OF THE 10 YEAR REVIEW OF THE URBAN GROWTH AREAS
REQUIRED UNDER THE GROWTH MANAGEMENT ACT
WHEREAS, the Washington State Growth Management Act (GMA) requires
Whatcom County to review, at least every ten years, its urban growth areas and the
densities permitted within the incorporated and unincorporated portions of the
urban growth areas; and
WHEREAS, the GMA further requires that the county amend its
comprehensive plan designating urban growth areas, and the densities permitted in
the urban growth areas to accommodate the urban growth projected to occur in the
county for the succeeding 20 year period; and
WHEREAS, time was of the essence to complete the review and revision of
Whatcom County's UGA boundaries and the densities permitted within them due to
an order of the Western Washington Growth Management Hearings Board in Petree,
et a/ v. Whatcom County, Case No. 08-2-0021c requiring completion of the County's
10 year review by December 1, 2009; and
WHEREAS, Whatcom County adopted Ordinance 2009-071 on November 24,
2009 completing the required 10 year UGA review;
WHEREAS, on February 16, 2010 the Western Washington Growth
Management Hearings Board (GMHB) agreed to a stipulation that Ordinance 2009-
071 was acted on prior to the December 1, 2009 deadline of the GMHB and cured
the non-compliance regarding the County's failure to act;
WHEREAS, multiple Petitions for Review of the County's action have been
filed in a timely manner with the GMHB challenging the County's enactment of
Ordinance 2009-071;
WHEREAS, the Whatcom County Council met with Petitioners for purposes of
settlement negotiations in an open public meeting on April 12, 2010;
WHEREAS, the Whatcom County Council wishes to settle some of the
Petitions for Review based on review of facts and new information provided by
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Preliminary Draft Ordinance
Mav 10, 2010
petitioners, more specifically, the urban growth areas for Birch Bay, Ferndale,
Nooksack and Sumas;
WHEREAS, the findings of fact and conclusions of law entered into in support
of Ordinance 2009-071 are hereby incorporated by reference, except as specifically
amended herein;
WHEREAS, legal notice requirements have been met; and
WHEREAS, the County Council finds the Comprehensive Plan and zoning
amendments in the interest of the public health, safety, and welfare, based on the
following findings and conclusions:
FINDINGS OF FACT:
Growth Management Act Requirements
1. The Growth Management Act expects that the county attempt to reach
agreement with each city on the location of an urban growth area. If such
an agreement is not reached with each city, the county must justify in
writing why it so designated the area an urban growth area. (RCW
36.70A.110(2)) Petitions for Review of Ordinance 2009-071 were filed by
the cities of Blaine, Ferndale, Nooksack, and Sumas. The Whatcom County
Council met with these cities in an open public meeting on April 12, 2010
in an attempt to reach agreement on the designation of the urban growth
area for the respective city.
2. Notice of proposed comprehensive plan and zoning amendments were sent
to the Department of Commerce on August 21, 2009 pursuant to RCW
36.70A.106(1). Notice of the proposed amendments to Ordinance 2009-
071 were sent to the Department of Commerce on May XX, 2010.
3.
. Notice of the proposed amendments to
Ordinance 2009-071 were sent to all cities on May XX, 2010.
County Code Requirements
4. Comprehensive plan amendments require (WCC 2.160.080) that the
Planning Gemmissien and County Council find all of the following:
a. The amendment conforms to the requirements of the Growth
Management Act, is internally consistent with the county -wide planning
policies and is consistent with any interlocal planning agreements.
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Preliminary Draft Ordinance May 10, 2010
b. Further studies made or accepted by the department of planning and
development services indicate changed conditions that show need for
the amendment.
c. The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors
including but not limited to the following shall be considered:
i. The anticipated effect upon the rate or distribution of population
growth, employment growth, development, and conversion of
land as envisioned in the comprehensive plan.
ii. The anticipated effect on the ability of the county and/or other
service providers, such as cities, schools, water and/or sewer
purveyors, fire districts, and others as applicable, to provide
adequate services and public facilities including transportation
facilities.
iii. Anticipated impact upon designated agricultural, forest and
mineral resource lands.
d. The amendment does not include or facilitate spot zoning.
e. Urban growth area amendments that propose the expansion of an
urban growth area boundary shall be required to acquire development
rights from a designated TDR sending area.
i. One development right shall be transferred for every five acres
included into an UGA. The county council may modify this
requirement if a development agreement has been entered into
that specifies the elements of development in the expanded
UGA. The development agreement should include, but not be
limited to, affordable housing, density, allowed uses, bulk and
setback standards, open space, parks, landscaping, buffers,
critical areas, transportation and circulation, streetscapes,
design standards and mitigation measures.
ii. Exceptions to required TDRs include urban growth area
expansion initiated by a government agency, correction of map
errors, properties that are urban in character, or expansions
where the public interest is served.
iii. Urban growth area expansion initiated by the county, cities or
other agencies shall be subject to review by county and city
planning staff, and the appropriate administrative bodies, to
determine whether the subject site is appropriate for designation
as a TDR receiving area.
5. Zoning code amendments require (WCC 20.90.050(4)) the hearing body to
evaluate the merits of the amendment in relationship to the goals, policies
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Preliminary Draft Ordinance May 10, 2010
and objectives of the Comprehensive Plan for compliance with any other
special provisions as provided by WCC 20.90.060. The hearing body must
create written findings and a recommendation to the county council for
each amendment.
Public Participation and Inter -governmental Coordination
6. On ADril 12, 2010. the Council met as a Committee of the Whole to review
issues and concerns submitted by Petitioners regarding Ordinance 2009-
071.
7. On April 27, 2010, the Council met as a Committee of the Whole to direct
staff on preparation of proposed amendments to Ordinance 2009-071.
8. On May 11, 2010, the Council convened as the Committee of the Whole to
review the amended draft ordinance and findings for the review. The
ordinance was introduced for consideration by the Council on XX, 2010.
9. Public Hearings: The County Council and Planning Commission held
hearings to collect public input about various issues. All hearings were
duly advertised and addressed the following issues:
• Land Capacity Methodology (12/9/2008 - County Council)
• Environmental Impact Statement Scoping (2/17/2009 - Joint Planning
Commission and County Council)
• City UGA Proposals (6/23/2009 - County Council with an invitation
extended to Planning Commission members)
• Executive Recommendations (9/17/2009 - Joint Planning
Commission/County Council)
• UGA Ordinance amending comprehensive plan and zoning code, including
maps (11/24/09 - County Council)
• Ordinance amending Ordinance 2009-071 (XX/XX/10 - County Council)
Growth Forecasts
10. In 2009, tThe Council funds -found-that the growth forecast of 246,602,
with a request for Bellingham to return with a proposal to accommodate
additional population of 4,441, is both within the range of OFM population
forecasts for 2029 and is a reasonable forecast considering migration
trends and the purpose of and use of the projections during an Urban
Growth Area review process. The Council finds that the population growth
forecast for Birch Bay and Ferndale are lower than expected, and
adjustments to those forecasts and allocations should be made, which will
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Preliminary Draft Ordinance May 10, 2010
increase the county -wide forecast to 247,755. An active land monitoring
program, communication with the cities, and monitoring of and
participation in efforts to broaden current capital facilities plans will give
the County sufficient information to determine if the growth rates,
population allocations and land supplies in various localities need to be
adjusted.
EIS and Alternatives
11. The Final EIS was published and made available to the public on October
23, 2009. All proposed changes in UGA boundaries are within the range of
alternatives studied in the EIS and suitability analysis, as is the countywide
population projection for 2029 of246,602-247,755.
Land Supply, Land Demand, and Monitoring
12. On February 10, 2009, Whatcom County Planning and Development
Services published an initial analysis of the capacity of the ten UGAs in
Whatcom County to accommodate growth over the next twenty year
period. On March 16, 2009, a revised analysis was published. On August
14, 2009, Executive Recommendations included a slightly revised method
and results. A revised analysis based on the amended Urban Growth Area
proposals was published on May XX, 2010, and available for public review
prior to adoption of the amended ordinance.
UGA Boundaries
Birch Bay
13. The current Birch Bay Community Plan for designation of the UGA was
submitted by the county in June 2009 as a basis for UGA review. The
proposal included keeping the current UGA boundaries and the allocation
of population as outlined in the 2004 Community Plan.
14. The County Executive proposed a reduction in the future population
forecast for Birch Bay, and a resulting decrease in the size of the UGA.
The County Executive also proposed deleting the provisions of a rezone at
the intersection of Blaine and Alderson Roads in Ord. 2004-049.
15. The Whatcom County Comprehensive Plan encourages Birch Bay to
establish new residential developments at densities averaging four units
per net residential acre. The Birch Bay Community Plan also encourages
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multi -family residential densities in some areas of the UGA. The
assumption used in the land capacity analysis was 5.9 units per net
residential acre.
16. Birch Bay serves primarily as a resort community, although its identity is
shifting as more full-time residents move into the area.
17. The Birch Bay community has been engaged in ascertaining the viability of
incorporation. An incorporation feasibility study was completed in March
2008.
18. The Birch Bay community has actively planned for its future, drafting the
Birch Bay Community Plan in 2004, updating the Transportation chapter in
2009, and crafting design guidelines for commercial areas.
19. Public facilities and services have been planned for Birch Bay. Birch Bay
Water and Sewer District provides sanitary sewer and domestic water to
the area.
20. The Birch Bay Water and Sewer District's 2009 Comprehensive Water Plan
indicates that the existing water supply contract with the City of Blaine is
only sufficient to provide a maximum daily rate through 2011. The
district's plan states that additional water supply, including use of surplus
storage, and/or conservation will be necessary to meet the demand
beyond that time. The plan further states that the District is able to serve
its projected population through 2015 with contracted water supply
provided by the City of Blaine and the District's water storage capacity.
The district's 2009 Comprehensive Water Plan includes several new supply
and distribution projects expected to address supply deficiencies. The
district's Comprehensive Water Plan population projection accommodates
all studied alternatives including the Executive proposed growth allocation.
21. The 2009 Sewer Plan indicates that the district will exceed existing
capacity by 2019. However, with the wastewater treatment plant upgrade
projects noted in the 2009 Comprehensive Sewer Plan, the District will be
able to accommodate the growth anticipated to 2029. The district's 2009
sewer plan accommodates the proposed growth allocation as well as all but
one Draft EIS alternative.
22. Fire District 21 (aka North Whatcom Fire and Rescue), which serves the
Birch Bay UGA, has completed and adopted a Capital Facilities Plan for its
fire district. The capital facilities plan is adopted by reference in the
comprehensive plan, and is implemented through concurrency
requirements in county code (WCC 20.80.212) and through the State
Environmental Policy Act (SEPA).
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23. The Birch Bay community is developing plans to protect aquatic resources
in Birch Bay, through the Birch Bay Watershed Characterization Project
and the Birch Bay Watershed and Aquatic Management (BBWARM)
program. The Whatcom County Flood Control Zone District designated
BBWARM as a subzone of the district and levies an assessment on all
properties within the subzone to pay for stormwater management
improvements in an effort to improve the water quality of Birch Bay.
Whatcom County was also required to designate Birch Bay as a Shellfish
Protection District pursuant to RCW 90.72.045 due to water quality
degradation caused by ongoing nonpoint sources of pollution that closed or
downgraded the recreational shellfish growing areas in Birch Bay.
24. The growth forecast in the 2004 Community Plan for Birch Bay was done
during a significant boom in residential development in that area. Since
then, construction has slowed (Table 4, Land Capacity & Demand Results,
August 14, 2009).
25. Cities in Whatcom County raised the concern during the Growth
Management Coordinating Council process, and in public hearing
testimony, that the priority should be on urban growth in incorporated
areas before growth into unincorporated areas. Birch Bay, however, has
adequate public facilities and services for urban development, and
allocation of additional growth is warranted based on historic growth rates.
26. Under all Draft EIS alternatives there was a surplus of land capacity for
population and employment, except for Action Alternative Y which shows a
small deficit for employment.
27. Based on the pr-epesed amended population allocation, and a proposed
UGA reduction, the land capacity analysis shows adequate
residential acres.
28. Based on the proposed employment allocation, and the proposed UGA
boundaries, the land capacity analysis shows a surplus of employment land
supply.
29. The Birch Bay UGA has sufficient capacity to accommodate projected
growth, densities allowed are urban in nature except for special
environmentally sensitive areas, and adequate public facilities and services
can be provided. The proposed UGA boundary
maintains rote -a gr-eateFbalance between supply and demand for urban
land_, ;;Rd rpmmu�� Ordinance 2009-071 removed some sensitive lands
from the UGA that are not suitable to urban development and might
degrade the quality of water entering Birch Bay.
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Ferndale
30. The City of Ferndale submitted a written paper to the County Council and
Planning Commission regarding their UGA on June 9, 2009. The proposal
did not include a proposed UGA boundary, but stated the city would submit
a specific proposal by October 30, 2009 after the County Council approves
the land capacity analysis. The city suggested in its June proposal that it
would request the county reduce the UGA by 900 gross acres for
residential purposes, and expand the UGA for employment purposes by
100 gross acres in the vicinity of Slater and I-5, abutting the Bellingham
UGA, and by 80 acres on the west side of Enterprise Road. The city
requested an allocation of 8,687 additional people and 4,747 additional
employees.
31. The County Executive, after consultation with city elected and
administrative officials, recommended reduction of the Ferndale UGA to be
consistent with the county -wide land capacity analysis methodology. The
Executive proposed a lower allocation of population and employment than
requested in order to shift growth back to Bellingham, the county's
primary population and employment center, and to be consistent with
historic growth patterns and overall county -wide growth projections. The
County Executive proposal, released on August 19, 2009 for public review,
found the request for additional employment allocation, without any
specific area designated or environmental review completed, not timely for
consideration during this review process.
32. The City of Ferndale provided a written proposal to the Whatcom County
Council on August 19, 2009, the same day that the Executive released his
recommendations. The city affirmed its earlier positions as to the size of
the UGA, provided a map that included proposed reductions in the UGA
and proposed expansion of the UGA for employment purposes. The city
also did not support the county's proposal for Urban Growth Area
Reserves. The city also raised concerns about the inputs and assumptions
used in the land capacity analysis.
33. Based on its location north of Bellingham and along-I-5, Ferndale is now
both an employment center as well as a residential community. Ferndale
accounted for 8.2% of the county growth between 1990 and 2008, third to
the City of Bellingham and City of Lynden during this time period.
34. In 2005, the City completed a Buildable Lands Inventory, which concluded
"that Ferndale has enough residential land in it's [sic] planning area to
accommodate the projected population growth over the next 20 years. In
fact, the 20-year "supply" of potential dwelling units at 5,697 is nearly
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twice the population's "demand" for dwelling units over that same 20-
years." This conclusion was reached despite the fact that the city used
conservative calculations, "meaning that there is probably more buildable
land existing within the city and UGA than this study indicates."
35. The City has provided comments regarding densities that they would like
to have used in the land capacity analysis. These proposals are based on a
different definition of net developable acres than what is within the
County -wide Land Capacity Analysis methodology approved by the Growth
Management Coordinating Council and County Council. The Gity has net
The County -wide Land Capacity Analysis methodology
does allow for the County to consider achieved densities rather than
planned densities. An alternative analysis for Ferndale has been provided
based on achieved densities.
36. All Draft EIS alternatives showed a significant surplus of capacity for
population and a surplus for employment.
37. The Whatcom County Comprehensive Plan encourages Ferndale to
establish new residential developments at densities averaging six to eight
units per net residential acre. The Council finds that the city of Ferndale
should encourage densities at a wider range of five to ten units per net
residential acre. The assumption used in the revised land capacity analysis
was 5—.2-4_7 units per net residential acre (6-.55_8 within the city and 4.0 in
the unincorporated portion of the UGA).
38. Portions of the Ferndale UGA lie within the Drayton Harbor and Birch Bay
watersheds, which have been designated as a Shellfish Protection District
(Drayton Harbor in 1995) pursuant to RCW 90.72.045 due to water quality
degradation caused by ongoing nonpoint sources of pollution that closed or
downgraded the recreational and commercial shellfish growing areas in
Drayton Harbor and Birch Bay. From 1999 to 2004, the Drayton Harbor
was downgraded to a "Prohibited" status for shellfish harvesting. Due to
improvements in water quality, the state conditionally reopened the main
shellfish beds to harvesting in 2004.
39. The areas proposed by the City of Ferndale for expansion, Slater and I-5
and Enterprise were not evaluated for employment capacity under the land
capacity analysis, but the transportation analysis in the final EIS assumes
capacity for a total of 363 additional jobs within the transportation analysis
zones in which they are located. This may be a low estimate depending on
the intensity of commercial or industrial uses that may be developed there.
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Adding these areas would increase the surplus of commercial and
industrial land within the Ferndale UGA.
40. RCW 36.70A.160 states, "Each county and city that is required or chooses
to prepare a comprehensive land use plan under RCW 36.70A.040 shall
identify open space corridors within and between urban growth areas."
County -wide Planning Policies (D-5) also state, "All cities should grow in an
efficient manner while maintaining their character and, where reasonable,
shall provide for adequate open space between cities to prevent strip
development." The City of Ferndale's proposed expansion in the Slater and
I-5 is adjacent to the Bellingham UGA. The City of Ferndale has not
addressed how the expansion would provide for an open space corridor
between the UGA's.
41. The Gity ef Ferndale's
The 2007 Whatcom County Rural Land: A Collaborative
Report Identifying Areas of Agricultural Significance, was in response to
criticisms about the "scattered" nature of protection provided by the
county's Agricultural Protection Overlay approach. The Agricultural
Advisory Committee met in 2006 to identify areas in Rural 5 and 10 acre
zones that are most important to maintaining the agricultural sector of
Whatcom County. The area proposed for expansion by the City of
Ferndale was included in the Harksell Road study area as 99% of the
area's soils are considered prime APO soils, approximately 44% was in
agricultural use and 27% of the total acreage was in parcels greater than
20 acres. The area was identified as a buffer to the agricultural resource
lands of long-term commercial significance. Development pressure in this
area was seen as a concern due to the proximity of the area to the I-5
corridor and the City of Ferndale UGA.
42. The City of Ferndale did not propose any measures to ewe -that
measures were in plaee te buffer the expansion of the UGA on agriea+tural
Agricultural .Protection Overlay lands; ineluding these r-UFal la
designated APO. in the vicinity of Grandview and Enterprise. While the
lands were studied in 2007, currently the lands are not being used for
active agricultural practices, and additional review of the potential impact
from expansion of urban development should be studied.
43. The City of Ferndale did not provide any documentation that the proposed
urban growth area expansions are appropriate for designation as TDR
receiving areas as outlined in WCC 2.160.080.
44. The City of Ferndale has plans to serve a retail water service population
greater than any of the population projections of studied alternatives. The
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city has identified water storage capacity improvements that will be
needed in the 20-year planning period, as well as near -term distribution
improvements. The city updated their Water Comprehensive Plan, which
was approved by the Washington State Department of Health on April 30,
2010.
45. Small sewage treatment deficits would be anticipated under some Draft
EIS alternatives and the Executive Recommendations. The city's
Comprehensive Wastewater Facilities Plan does not include the entire UGA
within the planning service area, but does include lands outside the UGA
(Figure 2-1, 1996 plan). The Wastewater Facilities Plan was adopted by the
City of Ferndale one year prior to Whatcom County designating an Urban
Growth Area for the city. Washington State has not required an update to
the Wastewater Facilities Plan to include those areas added by Whatcom
County in the 1997 UGA decision since the city's treatment plant capacity
was more than adequate to handle projected flows. The City of Ferndale is
commencing an update to their Wastewater Facilities Plan this year. T4i,--
eity eurrently has ne plans te expand sewage treatment capacity.
The city
does include wastewater treatment plant upgrades as well as a series of
sewer collection system upgrades in its 6-year capital facilities plan for
2007-2012.
46. The Ferndale UGA is provided fire protection services from Fire District 7.
Fire District 7 does not have a capital facilities plan.
47. Based on the prepesed population allocation, and considering a proposed
UGA reduction, the land capacity analysis shows a surplus of residential
acres and is essentially in balance.
48. Based on the prepesed employment allocation and the proposed UGA
boundaries, the land capacity analysis prepared shows a small surplus of
capacity but is essentially in balance.
49. The Ferndale UGA has sufficient capacity to accommodate projected
growth, densities allowed are urban in nature, and adequate public
facilities and services can be provided. The land capacity analysis was
done consistent with the county -wide methodology used for all UGAs. The
rationale for the UGA size r,rincludes bringing a greater balance
between supply and demand for urban land, and capital facility items still
need to be addressed for areas removed from or not added to the UGA,
50. The Vista/Malloy area, which was removed from the UGA by Ordinance
2009-071, is critical for the city's long range planning and as a
transportation and utility corridor. Placing this area back in the UGA would
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make a more logical urban growth boundary. The area was designated as
an Urban Growth Area in 1997 and the city has initiated necessary public
facility and capital improvements for the area. Without reasonable
assurance of future land use designation in this area, the city has
expressed concern about committing financial resources to plan public
facilities and services for this area. This area also provides the additional
inventory for single family residential development for Ferndale.
Nooksack
51. The City of Nooksack submitted a proposal for maintaining its existing UGA
in June 2009. The city proposed a growth allocation of 1,137 additional
population and 290 additional employees during the planning period.
52. The County Executive proposed a reduction in the UGA by removing lands
south of Breckenridge Creek and east of the Sumas River from the UGA.
The lands proposed to be removed were placed into agricultural resource
lands. The Executive proposed a lower allocation of population and
employment than requested to be consistent with historic growth patterns
and overall county -wide growth projections.
53. The city responded (9-17-09) to the County Executive proposal by
requesting the area proposed for removal be put back into a designated
UGA Reserve due to future employment and residential growth needs. The
city noted that part of the lands removed from the UGA include areas the
city had designated for future industrial growth. The allocation of
employment to Nooksack was reduced by Ordinance 2009-071beeause the
UGA did net have the ability te aeeemmedate that empleyment.. Additional
employment allocation to Nooksack provided by this amendment would
increase the ratio of jobs to housing within the urban area and provide a
basis for adding land to the UGA to accommodate employment.
54. The city's expressed vision is to maintain safe and friendly family living in
a small town rural setting, while protecting and enjoying the natural
environment and agricultural lands of the surrounding area, and promoting
development of new jobs and businesses.
55. All Draft EIS alternatives show the existing GUA boundaries would result in
a surplus land capacity for population and employment, except for Action
Alternative Y which generally shows a balance of employment capacity
with demand.
56. The Whatcom County Comprehensive Plan encourages Nooksack to
establish new residential developments at densities averaging four units
per net residential acre. The assumption used in the revised land capacity
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analysis was 4_14.4 units per net residential acre
57. Areas east of the Sumas River and south of Breckenridge Creek are prone
to flooding, and some areas of the Sumas River floodplain, both inside and
outside of the city, have been surveyed to be affected by sediment from
the Swift Creek landslide, carrying chrysotile asbestos fibers. The city is
aware of these issues and inclusion of the area in the Urban Growth Area
will enable the city to participate in review and potential resolution of the
issue in conjunction with their community_ planning process.
54.T-he aFea being Femeyed fFern the UGA is currently being used feF agFieultl
Designated AgFiELAWFal Lands, Whateern County CeMpFehensi-ve Plan-,
practiees.
58. The City of Sumas provides the source of supply to the Nooksack water
system. The City of Sumas has indicated a willingness to supply an
increased quantity of water to the City of Nooksack if necessary to support
growth, and the City of Sumas has stated that they believe they have
adequate water rights to be able to provide such an increased supply.
Additional analysis of water storage will be necessary.
59. The City of Nooksack maintains a system of collection and transmission
pipes and four sewer lift stations that direct sewage to the Everson sewage
treatment plant. Expansion of the Everson sewage treatment plant will be
necessary to accommodate some of the growth that will occur outside of
current Nooksack city limits.
60. Based on the proposed population allocation,
the land capacity analysis shows a minor
surplus of residential acres, essentially in balance.
61. Based on the proposed employment allocation, and the proposed UGA
boundaries, the land capacity analysis shows a balance between
employment land supply and land demand.
62. The Nooksack UGA has sufficient capacity to accommodate projected
growth, densities allowed are urban in nature, and adequate public
facilities and services can be provided. The Fedu�UGA wifl-achieves a
greater balance between supply and demand for urban land, remeyal of
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Preliminary Draft Ordinance May 10, 2010
and protection of adjacent
resource lands from incompatible development.
suitable fer future *neluseen in the UGA. The aFea mneludes lands eurrently
Sumas
63. The City of Sumas submitted a proposal for maintaining its existing UGA in
June 2009. The city proposed a growth allocation of 793 additional
population and 391 additional employees during the planning period.
64. The County Executive modified the city's proposal by reducing the size of
the UGA and proposed placement of those lands within an Urban Growth
Area Reserve for potential urban growth beyond the current planning
horizon. The County Executive supported the growth allocation requests of
the city.
65. The city responded (9-17-09) to the County Executive proposal by
requesting some areas proposed to be placed into UGA Reserve be placed
back into UGA, retaining other areas as UGA Reserve, and consideration of
additional acres west of the Sumas Industrial district as UGA Reserve.
66. The community's vision for the City is to take advantage of its location and
function as an international border crossing to capitalize on commercial
and retail economic opportunities presented by border traffic. The City has
also expressed an interest in becoming a regional industrial center.
67. All Draft EIS alternatives show the current urban growth area provides
surplus land capacity for population and employment.
68. The City expressed concerns related to the baseline employment figures
which appear to have underestimated the potential demand for
employment land. In growth forecast information finalized as of February
2009, Berk & Associates used available information based on State
Employment Security Department figures which addressed covered
employment and did not fully allocate employment geographically.
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69. The Whatcom County Comprehensive Plan encourages Sumas to establish
new residential developments at densities averaging four units per net
residential acre. The assumption used in the revised land capacity analysis
was 5�-5.5 units per net residential acre.
70. Some areas south of the city are identified as floodplain according to FEMA
flood boundary maps, but are subject to flooding from river segments with
a mean annual flow less than one thousand cubic feet per second.
71. Based on the proposed population allocation, the land capacity analysis
shows that the city can accommodate projected residential growth within
city limits. However, the population growth request for Sumas and the
allocation was based on the limits imposed by the high population
allocation studied in the Draft EIS. If the allocation process for Sumas had
been the same as that used for Blaine, Everson, Nooksack and Ferndale,
growth of 1,133 would have been allocated to Sumas instead of 793. This
indicated that the Urban Growth Area Reserve may be needed to
accommodate future growth. The area south of the city along Hovel Road
is adjacent to an expanded public park, and where sewer lift station, water
service and electrical power were extended in anticipation of development
taking place in the Urban Growth Area designated since 1997.
72. Based on the proposed employment allocation and the proposed UGA
boundaries, the land capacity analysis prepared shows a surplus of
employment land supply.
73. Based on past and ongoing analyses, the Sumas well fields and water
rights provide a source of supply well in excess of the future needs of the
city's retail and wholesale customers through the planning period.
74. The City of Sumas owns and maintains a sewage collection and
transmission system that includes gravity sewer lines and a small number
of sewer lift stations. The Sumas system directs sewage to a discharge
into the City of Abbottsford system in British Columbia, Canada. Sumas
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Preliminary Draft Ordinance Mav 10, 2010
has sufficient sewer service capacity to meet its needs through the
planning period.
75. The Sumas UGA has sufficient capacity to accommodate projected growth,
densities allowed are urban in nature, and adequate public facilities and
services can be provided. The Fed etien i~ UGA is a-greatef
balanced between supply and demand for urban land, Femeve man �
and protects adjacent resource lands
from incompatible development.
75.The area designated as YFban Grewth Area Reserve fer- Sumas ineludes lan
landslide adjaeent te Swift Greek. Helding this area in an Urban Grewth
Conclusions
1. As set forth in the above findings, the Whatcom County Council concludes
that the proposed amendments conform to the requirements of the Growth
Management Act regarding the designation and review of urban growth
areas.
a. The proposed amendments are consistent with Whatcom County
County -wide Planning Policies, including the designation and review of
urban growth areas.
b. The comprehensive plans of the county and each city accommodate
the urban growth projected to occur in the county in the succeeding
twenty year period.
c. The comprehensive plan and development regulations include areas
and densities sufficient to permit the urban growth projected to occur
in the county or city for the succeeding twenty-year period.
d. The growth management population projection made for the county of
246,42247,755 is based on the projection made by the Washington
State Office of Financial Management, which provides a range from
216,300 to 318,832 in the year 2029 for Whatcom County.
e. Whatcom County attempted to reach agreement with each city on the
location of an urban growth area through extensive consultation and
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direct meetings, including ongoing discussions and talks after Petitions
for Review were submitted to the Western Washington Growth
Management Hearings Board.
f. The urban growth areas include those areas already characterized by
urban growth that have adequate existing public facility and service
capacities to serve such development or are within areas that will be
served adequately by a combination of both existing public facilities
and services and any additional needed public facilities and services.
g. The determination of the location of urban growth areas has taken into
consideration actions to mitigate or cleanse those discharges that
pollute waters of the state, including Puget Sound, by carefully limiting
the extent of urban development within sensitive watersheds.
h. There is evidence that the proposed UGAs can be provided with
adequate public facilities and services. However, the Council also
concludes that there are public facility and service gaps that have been
found during this review. The Council concludes that the purpose of
this UGA review is based on RCW 36.70A.130(3) that specifies the
requirement for the plan designating urban growth areas, and the
densities permitted in the urban growth areas to be revised. GMA
requires each city and the county to review and revise comprehensive
plans and development regulations by December 1, 20112014, which
will include review of capital facility, transportation and utility
elements. The proposed policy which allows reconciliation of the
capital facility and service gaps as part of the 7year-2eriodic review
process provides additional time in which to document the anticipated
ability to provide adequate services and public facilities.
2. The Council concludes that the amendments to the comprehensive plan
and development regulations harmonize the GMA planning goals in RCW
36.70A.020.
a. The Council concludes that the public participation goals of the Growth
Management Act have been met through the Public Involvement Plan
prepared and implemented through Whatcom 2031, including early
and continuous public involvement, formal opportunities through public
hearings and public notices as legally required by state and county
laws and regulations.
b. The proposed amendments protect resource lands of long-term
commercial significance from urban development not warranted based
on the record before the Planning Commission and Council. The
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c. The Council concludes that the proposed amendments are consistent
with the housing planning goal of the GMA, as the review and
designation of adequately sized urban growth areas, combined with the
variety of planned residential densities within the cities and the
unincorporated areas of the county promotes a variety of residential
densities and promotes the affordability of homes by providing
adequate lands supply within urban growth areas for development of a
variety of housing types.
d. The Council concludes that the proposed amendments do not take any
private property for public use.
e. The Council concludes that the proposed amendments do not impair
the retention of open spaces within and between the urban growth
areas of the county which have been identified consistent with
36.70A.160 on Map 10 - Open Space Corridors - within the
comprehensive plan, and that the amendments are consistent with the
open space goal of the GMA, which encourages retention of open
spaces.
f. The Council considered the effect of its proposed decision on the
availability of lands for employment and economic development
purposes and concludes that by providing adequate land supply within
urban growth areas where businesses can develop and expand, the
proposed amendments are consistent with the economic development
goal of the GMA.
g. The transportation impacts of various alternative urban growth
strategies were examined in the DEIS, and the Council concludes that
the proposed amendments, which encourage urban growth in urban
areas, also encourage the development of efficient multimodal
transportation systems by encouraging population growth into areas
where transportation by means other than automobile may be more
easily developed, consistent with the transportation planning goal of
the GMA.
3. The Council concludes that the proposed amendments to the
comprehensive plan are consistent with the criteria for amendment of the
comprehensive plan.
a. The Council concludes that the studies and record made or accepted by
the department of planning and development services, include but are
not limited to the Final Environmental Impact Statement (October
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23,2009), the Draft Environmental Impact Statement (May 8, 2009),
review of densities permitted within urban growth areas, as well as
rural growth (Appendix A, August 14, 2009), land capacity and
demand results (Appendix B, August 14, 2009, revised May XX, 2010),
land monitoring proposed methods (Appendix C, August 14, 2009),
public participation strategy and results (Appendix D, August 14, 2009)
and assessment of existing Whatcom County countywide population
and employment growth projections (February 9, 2009). These
studies indicate changed conditions that show the need for the
amendments proposed.
b. The Council concludes that the public interest will be served by
approving the amendment.
i. The rate or distribution of growth and development has been
well studied as part of the review process as demonstrated in
the EIS and other documents provided as part of the record.
ii. The effect on county and other service providers is documented
in Appendix E, 20-Year Capital Facilities Plan, and within the
EIS.
iii. Consideration was made regarding the anticipated impact upon
designated resource lands. The Council further concludes that
the proposed expansion of UGAs into agricultural lands is not
warranted at the current time, except as provided in the findings
above. The Council also concludes that the proposed reduction
of UGAs and where applicable, re -designation as agricultural
lands of long-term commercial significance, is consistent with
the Whatcom County Comprehensive Plan.
c. The Council concludes that the amendment does not include or
facilitate spot zoning.
d. The Council concludes that the cities of Everson and Ferndale that
proposed expansion of their respective UGAs did not include proposals
or studies to determine whether the expansion is appropriate for
designation as a transfer of development right receiving areas as set
forth in WCC 2.160.080(A)(5). In a letter of October 27, 2009, Lynden
proposed establishment of TDR receiving areas during its 2011
comprehensive plan update.
4. The Council concludes that the proposed amendments to the Zoning Code
are consistent with the Growth Management Act, County -wide Planning
Policies, Comprehensive Plan, and criteria for amendment of the Zoning
Code.
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a. The development regulations are consistent with and implement the
comprehensive plan as required in the Growth Management Act.
b. The development regulations encourage urban growth within the urban
growth areas and prohibit urban development without adequate public
facilities and services by limiting the density allowed for development
without extension of water and sewer, while also requiring concurrency
for public facilities.
c. The development regulations prohibit urban growth outside urban
growth areas. The Planning Commission, by separate action on
October 8, 2009, forwarded a recommendation to the Whatcom County
Council that limits areas of more intensive development in rural areas
as set forth in RCW 36.70A.070(5)(d) and as ordered by the Western
Washington Growth Management Hearings Board (#05-2-0013).
d. The Council concludes that the special provisions of WCC 20.90.060 do
not apply as the amendments are not defined as site specific rezones.
5. The Council considered the potential effects of this proposal on the
environment by review of the impacts analyzed in the DEIS and FEIS, as
well as considering whether certain areas were more environmentally
suitable for urban development than others. The Council concludes that
the proposed amendments are consistent with the environment planning
goal of the GMA, encouraging the protection of the environment in land
use decisions, and consistent with the procedural requirements of the
State Environmental Policy Act.
6. The Whatcom County Council concludes that no action is proposed that
would take property for public use or unduly burden a property owner by
leaving him or her without a reasonable use of his or her property, or
otherwise deprive him or her of legally recognized rights. This is
consistent with Whatcom County Charter Section 1.11, which states, "The
rights of the individual citizen shall be guaranteed under the Constitutions
of the United States and the State of Washington. No regulation or
ordinance shall be drafted and adopted without consideration of and
provisions for compensation to those unduly burdened."
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown
on Exhibit A.
Page 20 of 21
222
Preliminary Draft Ordinance May 10, 2010
Section 23. The Whatcom County Official Zoning Map is hereby amended as shown
in Exhibit BG.
Section 34. Adjudication of invalidity of any of the sections, clauses, or provisions
of this Ordinance shall not affect or impair the validity of the Ordinance as a whole
or any part thereof other than the part so declared to be invalid.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED as to form:
Civil Deputy Prosecutor
2010.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Chairman
( ) Approved ( ) Denied
Pete Kremen, Executive
Date:
Page 21 of 21
223
Exhibit A
Comprehensive Plan
Amendments
224
May 2010 — Draft Chapter One - Introduction
Chapter One
INTRODUCTION
NOTE: For brevity and ease in viewing the proposed changes, portions of chapter one that
are not being modified by this ordinance are not shown below. The text, tables and maps
that are not shown below are retained in chapter one as previously adopted.
The County's 2029 population projection of 247,755 244,602 is within OFM's range and therefore
requires no further justification. The rationale for using this figure, which is close to OFM's
medium projection, include: an overall slowing trend for growth in Washington State and
Whatcom County, ensuring an adequate land supply to accommodate growth, the need to plan
for growth and the need to protect the quality of life and natural resources in Whatcom County.
This population projection is selected for planning purposes only and does not obligate the
County to encourage growth. Given past population trends and the requirements of GMA,
planning for population growth, whether it occurs or not, is critical for the quality of life, protection
of natural resources and economic health of Whatcom County.
Exhibit A
Page 2 of 21
225
May 2010 - Draft Chapter One - Introduction
Table 4. Whatcom County Population Projections and Distribution
2008 Population-
Projected 2029
2008-2029
(Cities and
Population
Net Growth
unincorporated
UGAs
89,284
111,761
22,477
Bellingham
9,115
3,825
Birch Bay
5,290
g 529
311139
4,667
8,916
4,249
Blaine
Columbia Valley
3,924
5,000
1,076
2,395
3,623
1,228
Everson
20,707
8,688
12,019
7^�
A
Ferndale
11,613
16,788
5,175
L nden
1,137
2,081
944
Nooksack
1,279
2,072
793
Sumas
180,063
48,455
131,608
4178,9110
47,302
Subtotal
Unincorporated
Rural
59,392
67,692
8,300
Whatcom Count
Total Whatcom
191,000
247,755
2
56,755
55,602
County
Source: Washington Office of Financial Management (April1, 2009)
Exhibit A
Page 3 of 21
226
May 2010 — Draft Chapter One - Introduction
Table 5: Whatcom Countv Emplovment Projections and Distribution
2008
Growth
2029 Total
Study Area
Employment ;
Allocation
Employment
Bellingham UGA
51,153 ;
18,829
69,982
Birch Bay UGA
436 :
489
925
Blaine UGA
2,971
1,903
4,874
Cherry Point UGA
1,182 ;
760
1,942
Columbia Valley UGA
90
359
449
Everson UGA
6381.
602
1,240
Femdale UGA
5,534 ;
4,335
9,869
Lynden UGA
4,832
3,115
7,947
Nooksack UGA
206
265 430
471 336
Sumas UGA
- - - - - - - -
254 ;
---- -- - ---
391
645
- -
-
- - - --- ----
Rural
-- - --- ,------------------------
10,130 •
2,276
- - - - - - - -
12,406
i
TOTALS
77,426 ;
33,193
33,324
110,614
110,750
Note: Year 2008 employment data (77,426) do not add up to Employment Security Department's (ESD) current estimate of non -agriculture
wage and salary employment for the County as a whole (84,850) likely due to jobs for which ESD was unable to assign a spec location.
Exhibit A Page 4 of 21
227
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
Chapter Two
LAND USE
NOTE: For brevity and ease in viewing the proposed changes, portions of chapter two that
are not being modified by this ordinance are not shown below. The text, goals, policies and
maps that are not shown below are retained in chapter two as previously adopted.
INTRODUCTION
Note: No changes to the Introduction section.
OVERALL LAND USE
BACKGROUND SUMMARY
The goal of growth management is to provide sufficient land area with adequate facilities and
utilities either presently available or economically feasible to accommodate future growth. This
means having an adequate distribution of land to provide housing, services, jobs, and resource
land for the expected population. Whatcom County has almost 790 square miles of area outside
of National Park and National Forest, which will accommodate the expected increase of 56,755
55,602 people over the 20-year planning period in Whatcom County. However, this growth must
be accommodated in ways that achieve desired land use goals.
An adequate supply of serviced industrial and commercial land must also be provided. It is
expected that an increase of approximately 33,324 33a 66 new non-agricultural related jobs will
be created in the next twenty years.
URBAN GROWTH AREAS - ISSUES, GOALS, AND POLICIES
The Growth Management Act requires that the County plan for a 20-year population growth that is
within the range projected by OFM unless the County has studies to prove that a different figure is
justified. The current 2029 OFM projection for Whatcom County ranges from to -a Low projection
of 216,300 people to a Medium projection of 258,448 people and a High projection of 318,832
people. The County's figure of 247,755 244-,&92 is within OFM's range and therefore requires no
further justification. Due to the imprecise nature of growth forecasts, and due to the fact that
Whatcom County will be FeqUiFed within two years (by 2011) to —review and update the
comprehensive plan, the growth allocations are expected to remain the same for the 2029 to
2031 planning horizon years.
Ferndale
County goals encourage Ferndale to develop residentially zoned areas at average net densities
of five to ten units per net developable acre. Net developable acreage is calculated by
subtracting areas with development limitations such as steep slope, flood areas, and other critical
areas, and land needed for rights -of -way, utilities, infrastructure, and open space.
Exhibit A Page 5 of 21
228
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
Issues in defining the Ferndale Urban Growth Area include protection of wetlands, provision of
serviced industrial land, inclusion of adjacent land with services and urban levels of development
or urban zoning, and proximity t the Bellingham UGA.
The Grandview Industrial Park is included in the urban growth area. This inclusion supports the
policies in the Economics chapter of this plan to provide a sufficient supply of serviced industrial
land.
Ferndale provides most of the urban governmental services within the Urban Growth Area, except
for fire protection and schools. The city's 1996 sewer plan has a horizon of 2015, but the city is in
the process of updating this plan in 2010. The City of Ferndale does not experience any sewage
capacity LOS deficits in the 6-year timeframe ending in 2015. However, small sewage treatment
deficits are anticipated within the 20-year planning period under this growth allocation until the city
updates its wastewater treatment plan. The City of Ferndale 2006 Water System Plan indicates
that the city has adequate water rights and contracts to meet water system demands to the end of
its 2026 planning period. The Ferndale School District has a capital facilities plan, which has
been adopted by Whatcom County.
Fire District 7 serves the City of Ferndale. The Fire District does not have a capital facilities plan.
Areas included in the UGA - (Map UGA-4)
North
The Urban Growth Area extends north to include the commercial / industrial area around the
Grandview Road / 1-5 interchange. of the The area between the Grandview commercial /
industrial area and the Ferndale city center has been included inremoved 40M the Urban Growth
area, is and zoned for residential development
West
The area west of the ridge that divides the Terrell Creek and Nooksack River watersheds is
generally not a logical extension of the city as urban facilities can not be extended in an efficient
manner.
East
There are only limited areas to the east that are included within the Urban Growth Area. Existing
large lot development patterns to the east make the extension of efficient public facilities and
services to this area more difficult. The Gity has picepesed removal of Fnest aFeas to the east.
South
Very little land area to the south has been included in the urban growth area.
GOAL 2W: Provide a sufficient Urban Growth Area for Ferndale to retain existing
character and attain Growth Management Act and county land use
goals.
Policy 2W-1: Support City of Ferndale planning efforts for in -fill development within the
existing city limits and development of its UGA.
Policy 2W-2: Ensure that adequate capital facilities can be provided to the Grandview
Industrial area within a timely fashion to accommodate development of the
area.
Exhibit A Page 6 of 21
229
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
Policy 2W-3: Establish a revenue sharing agreement which fairly compensates the
county if a loss of revenue from the Grandview Industrial Area exceeds
reduction in associated costs.
Policy 2W-4: Encourage Ferndale to work towards development of a "wetland bank" to
mitigate impacts of development on scattered wetland areas within the city.
Policy 2W-5: Review and update the interlocal agreement with Ferndale, as needed, to
provide for:
• policies regarding utility service outside the UGA.
• identification of needed improvements and establishment of how they
will be paid for.
• zoning designations and density within the UGA.
• coordination with the county of greenbelts and open space.
• timing and procedures to be used for review of adequate land supply.
• consistency with the Coordinated Water System Plan
Exhibit A
Page 7 of 21
230
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
Delete existing Map UGA-4 and replace it with the map shown below:
Exhibit A
Page 8of21
231
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
,►ay.� moo
- Ferndale Urban Growth Area
Urban Growth Area
Urban Growth Area Reserve
VK9VWW COmM=pfiTAWMTIrm+n
& -'"-q
��10 '✓a
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±4�y>rnq��Pi
...t r.•rr.rrr....�rwr
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ww
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Exhibit A
Page 9 of 21
232
Mav 2010 - Draft Chapter Two - Land Use ** Urban Growth Areas
Nooksack
The Nooksack urban growth area is located in western Whatcom County, northeast of
Bellingham. The UGA is located immediately to the east and northeast of the City of Everson,
and is served by a major state highway, SR 9 that connects the City with City of Sumas,
extending north to the Canadian border. From points south, Burlington Northern railway passes
through the town center, on the way to Canada.
The Community's expressed vision is to maintain an atmosphere of safe and friendly family living
in a small town rural setting, while protecting and enjoying the natural environment and
agricultural lands of the surrounding area, and promoting development of new jobs and
businesses (City of Nooksack, Comprehensive Plan, 2004).
Flood prone areas, preservation of agricultural resource land, appropriate use or re -use of
adjacent mineral resource lands, and provision of adequate urban level services, are among the
factors considered in designating the City of Nooksack Urban Growth Area boundary. The
Nooksack UGA is located entirely within the Sumas River watershed, with portions of the City's
eastern boundary following the Sumas River as it flows north toward Sumas and British
Columbia, Canada. Nooksack is surrounded on all sides by physical constraints that present
challenges to development. West of the city limits is the Nooksack River floodplain with a history
of recurrent flooding, and east of the city are the Sumas River, Breckenridge Creek, and Swift
Creek, all of which are prone to flooding. Mineral resource designated lands with active mining
operations are located northeast of the city limits. The Nooksack UGA has also been identified as
an area with high aquifer recharge susceptibility, protected by City and County critical areas
regulations.
Nooksack UGA is surrounded by agricultural land, or rural land identified with agricultural
protection soils on nearly all sides. County goals include working cooperatively with the City of
Nooksack to enhance or maintain the county's agricultural land base.
The City of Nooksack is challenged by a number of urban level service issues that must be
considered when establishing geographic boundaries to accommodate future urban growth. The
City of Nooksack collects and transmits wastewater to City of Everson's Sewage Treatment Plant
for treatment. Both cities provide funding for operation and maintenance of Everson's sewer
treatment facility. The City of Everson's treatment facility is not planned to accommodate the
projected growth of both cities at this time, although it is expected to have sufficient capacity for
the next 13 to 15 years. Neither city has a Comprehensive Sewer Plan adopted, but efforts are
beginning to have a plan that will meet future needs through the 20-year planning period.
The City of Nooksack has a Water System Plan approved by DOH on February 22, 2006. The
Plan covers the 20 year planning period through 2022. City of Nooksack purchases water from
City of Sumas, providing 199 acre feet of water annually to Nooksack per the terms of a mutual
supply agreement between Sumas and Nooksack and the Nooksack Valley Water Association
(NVWA). Sumas has water rights to provide City of Nooksack with adequate supply necessary to
support projected growth.
Fire District 1 serves Everson and Nooksack. The Fire District does not have a Capital Facilities
plan.
The Nooksack Valley School District serves Everson, Nooksack and Sumas. The School District
does not have a Capital Facilities Plan, although capacity analysis indicates that the District is
able to provide sufficient capacity for the 20-year planning period.
Exhibit A Page 10 of 21
233
May 2010 — Draft Chapter Two - Land Use ** Urban Growth Areas
The urban growth area for Nooksack is intended to provide sufficient land area to accommodate
future urban growth with adequate public services, while minimizing impacts to resource lands
and critical areas. County goals encourage Nooksack to develop residentially zoned areas at
average net densities of four units per net developable acre. Net developable acreage is
calculated by subtracting areas with development limitations such as steep slopes, flood areas,
and other critical areas, and land needed for rights -of -way, utilities, infrastructure and open space.
Areas included in the UGA - (Map UGA-6)
East
Land east of the existing city limits and north of South Pass Rd.RFeGkenridge Greek has been
included in the Urban Growth Area. This land is mostly located outside floodplains, and upon
annexation Nooksack has indicated a willingness to provide urban services. This area currently
contains the Nooksack Elementary School and an adjacent cemetery, both of which are
considered public uses. The majority of the remaining area is planned for residential
development, although land along the eastern boundary of the UGA adjacent to South Pass Rd.
is planned for light industrial land uses.
GOAL 2Y: Set an Urban Growth Boundary for Nooksack which accommodates
future growth needs and recognizes constraints imposed by
Nooksack and Sumas River flooding, agricultural uses, and mineral
resource mining issues.
Policy 2Y-1: Work with Nooksack to adopt measures to limit development in floodplains.
Policy 2Y-2: Encourage Nooksack to review land use proposals for available agricultural
and flood prone lands for designation in open space type uses.
Policy 2Y-3: Encourage Nooksack to pursue multi -family development and to adopt
measures to develop within the existing city limits at increased densities.
Policy 2Y-4: Ensure Nooksack can provide adequate urban services to accommodate
projected population growth within the urban growth area.
Policy 2Y-5: Review and update the interlocal agreement with Nooksack, as needed, to
provide for:
• identification of needed capital facility improvements and adequate
sources of funding
• timing and procedures to be used for review of adequacy of land supply
• consistency with the Coordinated Water System Plan
• periodic reexamination of flood prone and agricultural areas
• measures for protection of adjacent resource lands through control of
incompatible uses and/or buffers
• long term measures to assure compatibility with resource lands
Exhibit A Page 11 of 21
234
May 2010 — Preliminary Draft Chapter Two - Land Use
Delete existing Map UGA-6 and replace it with the map shown below:
- Nooksack Urban Growth Area MAY 2010
�aeu,>,rw,�rwpwaaa,r.r .j1'-
Urban Growth Area �010�
YY-4frOY0M4�+,�4—,M4�MMAMI�44�W � \ �
MIY441�IYYMMbe 4WY�bw,lw.�--�
Y� •+r11Y4 YYAlY�Ctl�Y14MMM ��'.\ ��-r �
Y4Yl Ya 4�l11r-4�Ynr�ttlb �.
Exhibit A
O Om o, E, Ci 9.
Page 12 of 21
235
May 2010 — Preliminary Draft Chapter Two - Land Use
Sumas
The Sumas urban growth area is located in north central Whatcom County along the USA -
Canada international border, with the communities of Everson and Nooksack to the southwest.
The UGA is served by state highway (SR 9) connecting the City to the Canadian border and
extending to points further south. The Community's vision for the UGA is to take advantage of its
location and function as an international border crossing to capitalize on commercial and retail
economic opportunities presented by border traffic, and the City has also expressed an interest in
becoming a regional industrial center. The UGA is served by Burlington Northern railway.
Flood prone areas, preservation of agricultural resource land, and provision of adequate urban
services, are among many factors considered in designating the City of Sumas Urban Growth
Area boundary. The UGA and surrounding area consists of gently sloping terrain, tributary
streams and creeks draining into the meandering northward flowing Sumas River. The UGA is
also surrounded by agricultural land with agricultural protection soils on all sides. County goals
include working cooperatively with the City of Sumas to enhance or maintain the county's
agricultural land base.
Urban level service capacities must be considered when establishing geographic boundaries to
accommodate future urban growth. The City of Sumas has a Water System Plan (WSP) that was
approved in 2000. This Plan covers the 1998 to 2018 planning period with a projected population
of 1,625, which is slightly less than what the County has allocated for urban growth during the 20
year planning period. State law requires municipal systems to update WSP's every 6 years, and
City of Sumas is currently in the process of updating its Plan. The City of Sumas owns and
operates seven wells in two major well fields that provide a significant quantity of water within
recognized water rights. City of Sumas supplies wholesale water to the Sumas Rural Water
Association (SRWA), the Nooksack Valley Water Association and the City of Nooksack. Although
not covered in the 2000 Plan, preliminary analysis indicates that the combined storage of
1,000,000 gallons is sufficient to meet the need of the combined systems for the 20-year planning
period.
City of Sumas collects and transports wastewater across the USA -Canada border for treatment in
the City of Abbotsford, British Columbia, Canada, on a contractual basis. This agreement extends
through the year 2028. Although the City of Sumas does not have a Comprehensive Sewer Plan,
it appears that the City has sufficient capacity to meet the growth allocated within the 20-year
planning period.
Fire District 14 serves Sumas by contract. The Fire District has indicated that it currently can
provide urban level of service to Sumas.
The Nooksack School District serves Everson, Nooksack and Sumas. The School District does
not have a Capital Facilities Plan, although capacity analysis indicates that the District is able to
provide sufficient capacity for the 20-year planning period.
The urban growth area for Sumas is intended to provide sufficient land area to accommodate
future urban growth with adequate public services, while minimizing impacts to resource lands
and critical areas. County goals encourage Sumas to develop residentially zoned areas at
average net densities of four units per net developable acre. Net developable acreage is
calculated by subtracting areas with development limitations such as steep slopes, flood areas,
and other critical areas, and land needed for rights -of -way, utilities, infrastructure and open space.
Exhibit A
Page 13 of 21
236
May 2010 — Preliminary Draft Chapter Two - Land Use
An area south of Sumas and east of SR9 (including land adjacent to Hovel Rd.) has been
designated urban growth area to accommodate future growth needs.
GOAL 2Z: Set an Urban Growth Boundary for Sumas which accommodates
future growth needs and recognizes the unique constraints imposed
by flooding of the Sumas River and the Nooksack River.
Policy 2Z-1: Ensure Sumas can provide adequate urban services within the urban
growth area.
Policy 2Z-2: Work with Sumas to adopt measures to limit development in floodplains.
Policy 2Z-3: Encourage Sumas to increase densities for areas located outside the
floodplain.
Policy 2Z-4: Avoid new land uses that are an identified threat to groundwater quality
within the delineated wellhead protection area of the Sumas City wellfield
and May Road wellfield.
Policy 2Z-5: Negotiate and adopt an interlocal agreement which provides for:
• restriction of extension of urban levels of service outside the urban
growth area
• identification of needed improvements and establishment of how they
will be paid for
• timing and procedures to be used for review of adequate of land supply
• consistency with the Coordinated Water System Plan
• protection of groundwater quality within the wellhead protection areas of
the Sumas wellfields
• re-examination of the densities outside the floodplain to see if they can
be increased
• long term measures to assure compatibility with resource lands
Exhibit A Page 14 of 21
237
May 2010 — Preliminary Draft Chapter Two - Land Use
Delete existing Map UGA-7 and replace it with the map shown below:
map U"t%-i
— ' `'' • � %; �r !=�_- 1. ' ..`. � _:...,.._,�;� _' . � '�g.
71
rfieldK
- 1
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Urban Growth Area��
a: ioio�
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rw�rrb�latlrr1r411r�awrr
Yb:�i.—br. � r�0ya Maki ar �M�ra '��'ROtM�/
rrra.Mrla.lra ra:balnr rlMrw �.
Exhibit A
Page 15 of 21
238
May 2010 — Preliminary Draft Chapter Two - Land Use
Note: There are no changes to the text, goals and policies of the Birch Bay section.
Delete existing Map UGA-8 and replace it with the map shown below:
. 1 , .—
III n. PI ROMWOi
- Birch Bay Urban Growth Area V0."y3 2V'a
rmnrtwnmrou.r VAtWn: fe: P Y010 %.
M
Urban Growth Area .r...ewn,..,r.rr...,r�rrawr-.�n
rs.rr.�rrr�nrr,..r�..ars..,a'
r/w.u1�•�Ir�MA1l�r1�rE � , L
q. � rr�yrrwr lr:
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Urban Growth Area Reserve ` - o M125 aOr"0-5 a:75
,
Exhibit A Page 16 of 21
239
May 2010 — Preliminary Draft Chapter Two - Land Use
Urban Growth Area Reserves
The Whatcom County Comprehensive Plan Land Use Map includes the designation of Urban
Growth Area Reserves. Urban Growth Area.Reserves means a land use designation that may be
applied to those areas which are adjacent and contiguous to either incorporated or unincorporated
Urban Growth Areas which appear to be suitable for future inclusion in the respective Urban
Growth Area. The purpose of the Urban Growth Area Reserve varies by urban area. Expansion
of urban growth into the Reserve area may occur if criteria are met.
Upon establishing an Urban Growth Area Reserve, Whatcom County will establish land use
controls intended to reserve the area for future urban densities and development by limiting the
potential of the properties to be developed with incompatible uses, densities, or public facilities
which would interfere with the likely expansion of urban development in the future. Properties in
these areas should generally have land use designations of no more than one unit per ten acres,
and uses such as agriculture, forestry, conservation, and low density residential development,
may be encouraged provided that the continuation of such uses may not be a basis for preventing
future expansion of the Urban Growth Area to the Urban Growth Area Reserve.
General criteria for transferring properties from the Urban Growth Area Reserve to the Urban
Growth Area are set forth below:
1. Need for Land Capacity. The need for additional land is necessary due to growth higher
than allocated to the urban area or less land capacity than analyzed. A transfer from
Urban Growth Area Reserve to Urban Growth Area will not be allowed which would
provide capacity to accommodate substantially more than 20 years of urban growth.
Additional consideration can be made regarding the mix of housing and employment
opportunities that are required to serve the Urban Growth Area which could be
accommodated in the Urban Growth Area Reserve and which cannot be accommodated
within the Urban Growth Area.
2. Adequate Public Facilities and Services. There are plans and capacity to serve the areas
with urban governmental services as set forth in the Growth Management Act. There is
no requirement to extend these services prior to transferring the area from Urban Growth
Area Reserve to Urban Growth Area, but the Capital Facility Plans must document the
capacity and plans to serve at urban levels of service within the 20-year planning period.
3. Land Use Plans. The respective city, or county for unincorporated Urban Growth Areas,
have comprehensive plans and land use regulations in place to allow for the transition
from Urban Growth Area Reserve to Urban Growth Area. The respective jurisdiction will
also have in place development regulations that ensure urban densities are achieved
within the existing Urban Growth Area. Urban Growth Area Reserves should be jointly
planned between Whatcom County and the respective city,
4. Natural Resource Lands. Expansion into the Urban Growth Area Reserve will not allow
uses that are incompatible with adjoining natural resource lands unless mitigated through
buffers, increased setbacks or other measures as necessary to maintain the productivity of
the adjacent resource lands. If the expansion is into lands zoned Agricultural, the city and
county shall have an interlocal agreement or regulations in place that implement a
program that outlines the respective roles in protecting at least 100,000 acres of
agricultural land in Whatcom County.
5. Environment. Land use regulations are in place to ensure protection of the environment
and sensitive watersheds.
6. Open Space Corridors. Continued provisions are made for open space corridors within
and between Urban Growth Areas where not otherwise precluded by previous
development patterns.
Exhibit A
Page 17 of 21
240
May 2010 - Preliminary Draft Chapter Two - Land Use
Below are issues, established by urban area that must be addressed in order to authorize areas
to be re -designated from Urban Growth Area Reserve to Urban Growth Area.
Ferndale Urban Area
Lands in the vicinity of Enterprise Rd. and Slater Rd. have been designated as Urban Growth
Area Reserves for future employment growth at the request of the City of Ferndale. Areas that
- . kaFily GhaFaGteFmzed by rural residential development on the ROFth side of the Ferndale
Ur-h.R.n. GFOYAh AFea have been designated as an Ur -ban GreyAh AFea ReseFve. Portions of the
area A portion of the Enterprise UGA Reserve on the northeast side of the Ferndale Urban
Growth Area isare within the Drayton Harbor Watershed. The City may utilize this area as a
corridor to provide utilities to the Grandview area. The Slater Urban Growth Area Reserve, on the
southeast side of Ferndale, is adjacent to and abuts the Bellingham UGA and consultation with
the City of Bellingham will be required before this area is designated as Ferndale UGA. Both the
Enterprise and Slater Urban Growth Area Reserves include existing rural and residential uses that
must be considered when developing land use plans for these areas. '
Area unGludes sufft;ent land to aGGommodate the projeGted twenty yeaF grGMh without the need
This -These Reservesarea areis-a logical areas for the city to
grow and should be jointly planned with the city and county in conjunction with Urban Growth
Area plans.
Nooksack Urban Area
There are no areas proposed for Urban Growth Area Reserve adjacent to the Nooksack Urban
Growth Area. An aFea east of the Sumas Rover and south of Rreekenridge Greek has been
agFiGU1tuFal uses, and inGlud96 lands that may be flooded and exposed t0-'1 1 11, Q UfFiRg
Asbestos (NQA) fFGFA A RAt' IN31 landslide adjaGeRt tG SWA GFeek. Holding this aFea in an Urban
work on stFategies and plans te ensure PFOteGtien of at least 100,000 aGFes Of agFiGUltural land in
WhatGom County. This aFea will be kept on Feser-ve status until the GeuRty has deteMined tha
developmeRt will not expe6e futuFe Fe6idents and employees to UAaGreptable risk from naturally
GGGUFFing asbestes. The UFban GFewth Area Resewe should be jointly planned with the Gity and
Sumas Urban Area
There are no areas proposed for Urban Growth Area Reserve adiacent to the Sumas Urban
Growth Area.
the se th A -Rd Aef R-1--m-As aleng Have! Road have beeR desigRated as aR WFbaR GrevAh Area
Reserve. While there is Iand within the Gity t9 aGGOrnmedate prejeGted grewth, there is
10#1(; [;,, . ' , . - Mh OUtWaFd may IDGGeme RGGeGGaFy. This area will be kept 'R FeGewe status
URtil the GOURty has dde-terminedd that developrneRt will not expose futum re6ideRts and employees
RURAL LANDS
Note: No changes to the Rural Lands section.
OPEN SPACE
Note: No changes to the Open Space section.
ESSENTIAL PUBLIC FACILITIES
Note: No changes to the Essential Public Facility section.
ADULT BUSINESSES
Note: No changes to the Adult Business section.
Exhibit A
Page 18 of 21
241
May 2010 — Preliminary Draft Chapter Two - Land Use
YYhatcgn Legend
` t eemy = Nc qp Wd Ctt Ur Ito RvnW ® Sab.rban Enctasaa ® oa• —W F—" Map #8
4� Comprehenaln ®urban Gmau Anse Leman Toam QTamnabw eorrwm= maa.at Ra.ae.aa Lanaa Comprehensive
••Y' Ran u._v:o OM1089* tlM. T"UGA C,—,a Carnmem i ADAr.—. OPabieRft w Plan
a •A f= Urban GfuaKhAr.bR OF259RawrVR-0on.1eabdNrd ns aratFo try Designations
ppp ��Si.��--,:�......i`_3i'�"�e�_:°i _��.`.__. _ _ ��-�. <-.eil4�.. _ .... .nP,.s:.+x5s•'�'
. _ _ aaSWtd� 0. - ,_i �^aLi_ • j ; �`: 4' - _ a�:.' - ��.:rw S�_.
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747
&-n-' = Legend UWn Grown Arlan ...... • Traft - Ezmrg and Proposed _ Map #1 0
comprehenarve Pane a P ese vea 0 Publx Shore ," - Oeva epee .. 4 �, .. Open Space
R an - Natoral Sr —line Desgnation Publ C Stgreline - Und—I- ed T Corridors
Fbodptain -January 2004 Putu¢ Snorabne Potemlal
R"ri-Aro NlWO. Habitat
Exhibit A Page 19 of 21
242
May 2010 — Preliminary Draft
Chapter Six
TRANSPORTATION
No Text Amendments Proposed
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.BLAINE
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, .,�I�pOK9i4'!, ,, .;C �'4'ih l�b'Iti,•;;d{,'''"' .'';�'•
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Exhibit A
Lewd Equal To Or Laulnum
® Urban Graph A ma
® Lurnml Reunrcbon —w ew:w.ns n' xsuruw.
.r wl.c4.q:oe m . wdc.,wa«a.
InealparaledCity —wewww.n e..w.a e
Map #14A
Level of Service
Standards
VolumelCapacity Ratio
Page 20 of 21
243
c
Exhibit 6
Official Zoning Map
Amendments
245
Ferndale UGA & Surrounding Area
Title 20 Zoning Designations
Existing UGA Boundary Proposed UGA Addition
Existing Zoning Boundary ®® Proposed UGA Reserve
Existing Zoning Designations in bold :"•.,,:•' Proposed Zoning Boundary
Proposed Zoning Designation in Italics
Existing Zoning Designations, when changing, in (parentheses)
May 17, 2010
US OF WHIITGGYGOUNTP8 CIS DATA IMPUEa THE UEEA'8 o3P �pY 1COLy`
ASHEEMENT WITH THE FULOWING STATEYPET: e`
wbtlw. Gowly dlsWpon..rotlr of -'.W 'UmItty or.omwro 7010
W in.■ of Ihls.rp f W on Wii,%1er pwpm, oltber UP— W
VMplfed. No P.W.H.—My lt.sds—.Dq th. oemr- a'. -,✓
xT,,rnsney, nopidirsero or. Idv W dtlo deplibd on this.op. 1 t -�
M owrtl this■p oonn.s.11=nAblutr for on tho■of, w i �...-
hrrth■aprtn VMW Weoha■l:OoslT h.l■Ion lrte nitl ipMotl olrr �L- h` -:Ce
danaoo. Iwr. or NMII■ Whim fr000 wv nn of this °•"/�.``. °
OEVELOPtl'E
Please Note: These maps do not reflect the
zoning changes that may be adjacent to UGAs,
as proposed in the Rural Element Update,
passed by the Planning Con24&n 10108109.
The entire Urban Growth Area has been designated
Ch-4 -r-,— ol-,r.ninn A —
FM
O p50 1.90D ?Bh0 5'M TrM
Nooksack UGA & Surrounding Area
Title 20 Zoning Designations
Existing UGA Boundary
Existing Zoning Boundary
Proposed UGA Addition
Existing Zoning Designations In bold
Proposed Zoning Designation in Italics
Existing Zoning Designations, when chanoina, in (parentheses)
The entire Urban Growth Area has been designated
Shot Tenn Planning Area.
Bray r, lora
urrrter��mw�osro+ /,/� -N
wwrnw+swuwlw�rc 710 �1�
Please Note: These maps do not reRect the
zoning changes that may be adjacent to UGAs,
as proposed in the Rural Element Update,
passed by the Planning Commission IOWS g.
e „v m w :w rso
247
utticiai zonina MaD - maD UCLA 1-a
Sumas UGA & Surrounding Area
Title 20 Zoning Designations
ME Existing JGA Boundary M Proposed LIGA Addition
10�/ Existing Zoning Boundary
Ex sting Zoning Designations in bold
Proposed Zoning Designation In Italics
Existing Zoning Designations, when changing, in (parentheses)
The entire Urban Growth Area has been designated
Short Term Planning Area.
mv
May 1, 2010
Official Zoning Map - Map UGA 8-a
6Y11 v11 {YQr VV/PY%a VM11 VUII%AI11{V, r%iw=
iwr�w.�ww.mw.u.wmA�a.
srwwcuaa:
Title 20 Zoning Designations
Existing UGA Boundary Proposed UGAAddition
Existin Zoning Bounda Proposed Zoning Bounda
9 9 Boundary : • �'•. • p 9 Boundary
x�� Note:These not rieffect the
that maybe ad' cent to UGAs,
;,g ge y �
Exlstin Zoning Designations in bold .. , . Existing UGA Reserve
9 9 g
as proposed in the RuraloElement iss Update,
passed by the Planning Commission 1t298R)9.
Proposed Zoning Designation in Relics
s
Existing Zoning Designations, when changing, in (parentheses)
The entire Urban Growth Area has been designated
Short Term Planning Area
249
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010-271
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
SM
6/24/10
IE p V
r,1�� c� C D�
7 / 13 / 2 010
Council
Division Head.-
J U L 0 6 2010
WH ATC O p COUNTY
Dept. Head.-
Prosecutor:
Purchasing/Budget:
COUNCIL
(o rQ
Executive:
TITLE OF DOCUMENT. Appointment to the Whatcom County Development Standards
Technical Advisory Committee.
ATTACHMENTS: Application for appointment.
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.)
County Executive Pete Kremen requests confirmation of his appointment of Michael Dispigno
to the Development Standards Technical Advisory Committee (TAQ.
COMMITTEEACTION:
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whatcom.wa.us/council.
250
PETE KREMEN
County Executive
s.0Mc0
rQ'S_T 4
.-yy3fi1 x 3
� oz
gsHi �GK
RECEIVED
JUN 17 2010
PETE KREMEN
COUNTY EXECUTIVE
COUNCILMEMBERS:
Barbara E. Brenner
Sam Crawford
Kathy Kershner
Bill Knutzen
Ken Mann
L. Ward Nelson
Carl Weimer
APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS
�PCvl.ta P �►► �s� 5�� � ��s
Name of board or committee -please see reverse: fib(-i{t_�s� Cpn�ryll -rim
Which position on this board are you applying for (if applicable)?
Which Council district do you reside in? ( ) One (Two ( ) Three
Are you a US citizen? (01"yes ( ) no Are you a registered voter? (01"yes ( ) no
Name: M( L- '�D I SFIL&w &A 0 Date:
Street Address: I35' t 0L t yr A COu9,T-
City: l- ►, � w Zip Code: y 6 n Co
Mailing Address (if different from street address):
Day Telephone: 3 60 Evening Telephone: 360 4 -1
Fax Number: E-mail address: M 1 %e- Ai 512i�1 00 C � me'Ll � G(�'i'I
1j Ili
Occupation (If retired, please indicate former occupation): I i A—V-
Professional/Community Activities: Sw'cam`' 0-F Gt U i u-
P ii�eiF,35tyq A1- rwA t ii -o_ S rYA-taF WASC-('t 0G7 ,00
Education: V)' S
Qualifications related to position: 30 `i�PV,6 /� A PI`74�1f-OJ61
Describe why you are interested in serving on this board or commission:
I-
�) I >k 6-( U, &)(sR I
t`U, -tA--A- 0 r-\,� v;x"�t oC
10te e-10M
Ael►, I.P 156c V
uo to />st-�
D WX) R,4Z44JC5)
Do you or your spouse have a financial interest in or are you an employee or officer of any business or
agency that does business with Whatcom County? ( ) yes (t�'no
If yes, please explain:
References (please include name and daytime telephone number): 6fZ-Cq PAS-�+ 30J
Signature of applicant:
As a candidate to a public board or commission, the above information will be available to
the County Council, County Executive, and the public. 251
WHATCOM COUNTY COUNCIL AGENDA BILL NO. AB2010- 272
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:SM
7/I/10
FOR E� E� V E D
JUL 0 6 2010
� N H ATC O M COUNTY
COUNCIL,
7 / 13 / 2010
Council
Division Head:
Dept. Head:
Prosecutor:
Purchasing/Budget:
Executive:
�(,, /
i' �( �
TITLE OF DO UIVIENT: Substance Abuse Advisory Board appointment
ATTACHMENTS: Application for appointment
SEPA review required? ( ) Yes ( X) NO
SEPA review completed? ( ) Yes ( X ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X) NO
Requested Date:
SUMHARYSTATEMENT 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 specyi-c and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
County Executive Pete Kremen requests confirmation of his appointment of Kathleen Solomon to
the Substance Abuse Advisory Board.
COMMITTEEACTION.•
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whatcom.wa.us/council.
2b1
PETE KREMEN
County Executive
COUNCILMEMBERS:
Barbara E. Brenner
Sam Crawford
Kathy Kershner
Bill Knutzen
Ken Mann
L. W.ard'Nelson
Ctarl Weimer
APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND COMMISSIONS
Name of board or committee -please see reverse: r R Ad
Which position on this board are you applying for (if applicable)?Srn ce A iNse .MUlSUy+,� d
Which Council district do you reside in? ( ) One
Are you a US citizen? (y) yes ( ) no
Name: �.+_kItetn V. S
( ) Two ( ) Three
Are you a registered voter? " yes ( ) no
Date: 1.-13 - a 0
Street Address: 2-50y (U!. rCwA I OGdf
City: B % I640 W A Zip Code: 9 g 22(1
Mailing Address &if
different (from street address):
DayTelephone: 3� 1 22,11- Evening Telephone: Q3�[1-
Fax Number:�3�nb\2&q'23`l0 E-mail address: ��q�'�1�2t��/�/ (UWti'Vl► ySI��10V
Ieenverc\r Oaol,Cory,
Occupation (If retired, please indicate former occupation): Acc_'k1•
Professional/Community Activities:Cr�nT��
Education: S��
Qualifications related to position:
n
Describe why you are interested in serving
`o1nw twlhis board)si
oJr commission:I,, ^
PO-jr+ 6�
a ( -\�t; 1371
regs��c�
Do you or your spouse have a financial interest in or are you an employee or officer of any business or
agency that does business with Whatcom County? ( ) yes no
If yes, please explain:
References (please include name and daytime telephone number): - -
A�-��-��. w,l C360S _6o(e-costs i d� 73q 37 _
Signature of applicant:
As a candidate to a public board or commission, the above information will be available to
the County Council, County Executive, and the public.
253