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HomeMy WebLinkAboutPacket Oct 12 2010WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 240 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori nwor: 6/1/2010 6/8/2010 Natural Resources Division Head: 6/22/2010 Nat. Resources Dept. Head: 7/13/2010 Nat. Resources Prosecutor: 10/12/2010 Nat. Resource 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, COUNCILACTION. 6/08/2010: Held in Committee 7/13/2010: Discussed. 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. 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Density. 20.38.040 Definitions. 20.38.050 Applicability. 20.38.060 Development and use standards checklist. 20.38.080 Repealed. 20.38.010 Purpose.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 20.38.040 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) 4 a I— wmv-&P',# -'-,= 19 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 244 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/4/2010 10/12/2010 Finance Division Head: Dept Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. - Discussion regarding setting priorities for 2010-2011 W.C. budget 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 mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Discussion regarding setting priorities for 2010-2011 Whatcom County budget 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.whatcomwa.uslcouncil. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35i 36 37 38 39 Sponsored by: Councilmembers Roger Bush, Timothy M. Farrell, Terry Lee, and Dick Muri Requested by: Pierce County Council RESOLUTION NO. R2009-79 A Resolution of the Pierce County Council Adopting its Guiding Principles for the 2010 Budget; and Requesting that the Pierce. County Executive Use These Principles in Developing the Proposed 2010 Budget for Pierce County. Whereas, the Pierce County Executive has requested the Council's early input regarding the 2010 County Budget; and Whereas, consistent with the Executive's request, and in consideration of the revenue shortfalls the County continues to experience, the Council wishes to establish its guiding principles for development of a 2010 Pierce County Budget; and Whereas, in establishing these guiding principles, the Council does so with the expectation that the Executive will use them in developing the proposed 2010 Pierce County Budget; Now, Therefore, BE IT RESOLVED by the Council of Pierce County: Section 1. The Pierce County Council's Guiding Principles for the 2010 County Budget are hereby adopted as shown in this Resolution. Section 2. The County Council's Guiding Principles for development of the 2010 County Budget are as follows: General 1. The highest priorities for County expenditures are public safety and job creation/economic development. 2. Discretionary funding (those items not mandated by state law or County Code) should be reduced first and to the fullest extent possible. 3. Polling sites will remain open. 4. There will be no additional use of the Unreserved General Fund Balance in the 2010 Budget. Resolution No. R2009-79 Pierce County Council Page 1 of 3 930 Tacoma Ave S, Rm 1046 Tacoma, WA 96402 7 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 5. Miscellaneous Current Expense funding to outside groups should be limited to those that are essential to public health and safety (e.g., domestic violence, senior centers, etc.) 6. If the Executive recommends any fee increases, such fees should increase no more than the rate of inflation. 7. The Budget should include a list of grants that are anticipated to be received in 2010. The list should identify which grants are new, i.e., not on -going grants or repeats. 8. No grants should be accepted that create a funding obligation for the County beyond the grant period without Council approval. 9. Charges paid to all internal service funds (e.g., Fleet Rental, IT, Self - Insurance Fund, etc.) shall be reduced or stay flat in 2010. 10. Planning and Land Services, the Assessor -Treasurer, and Geographic Systems should explore areas of cooperation and areas where cost efficiencies could be realized. 11. Funding for Government Relations activities should not fall below 2009 levels, to allow Government Relations to continue to monitor and advocate for Pierce County's best interests. 12. The County should try to minimize the harm to citizens through federal and state cuts in funding for senior services, mental health, health, chemical dependency, housing, and other such human and community services, by seeking additional funding that may become available but not by supplementing programs with County General Fund. Public Works and Utilities 13. The transfer of County Road Fund dollars for non -road purposes should not exceed the level approved in the 2009 Budget ($2.5 million). 14. Public Works and Utilities should substantially reduce funding for planning for projects that do not have an identified funding source beyond the next six years. Planning and Land Services 15. Planning and Land Services should base its 2010 staffing on a level of service model tied to anticipated permit volume and Growth Management Act (GMA) obligations as reflected in the Advance Planning work program. Resolution No. R2009-79 Pierce County Council Page 2 of 3 930 Tacoma Ave S, am 1046 10 Tacoma, WA 98402 1 2 3 4 5 6 7 8 9 10' 11 12 13 141 15 16 17 18 19 20 21 22 23 .24 25 26 27 28 29 30 31 32 33 Public Safety 16. Funding should be adequate to ensure 24/7 patrol coverage county -wide and full funding of 12 Neighborhood Patrol Deputies. 17. Budget reductions should not result in any layoffs of trained, uniformed Sheriff or Corrections officers. Parks 18. Efforts should be made to find funding alternatives for parks and recreation facilities, especially those that are within the boundaries of a city or park district. 19. Expenditures on recreational programming should be evaluated to determine if related revenues are adequate to justify continued expenditures. Consideration should be given to eliminating programs that generate little or no revenue. Performance Audit 20. The Performance Audit office should be funded at a level that will support its 2010 work plan. Section 3. The County Executive is requested to use these Guiding Principles in the development of the 2010 Proposed County Budget. ADOPTED this day of , 2009. ATTEST: PIERCE COUNTY COUNCIL Pierce County, Washington Denise D. Johnson Clerk of the Council Roger Bush Council Chair Resolution No. R2009-79 Pierce County Council Page 3 of 3 930 Tacoma Ave S, Rm 1046 I/ Tacoma, WA 98402 9 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-345 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Ori inator: FA j� � n V �J ll 10/12/10 Finance JH Division Head. 0C , 0 0 7010 Dept. Head. FA q%IAW Prosecutor: (�. Ogbol10 Y HATCOM COUNTY BB Purchasing/Budget: I/l D COUNCIL Executive: TITLE OF DOCUMENT. Report on expenses incurred under the authority of the August 25, 2010 Proclamation of Emergency. ATTACHMENTS: 1. Memo 2. Copy of the Proclamation of Emergency issued by the Whatcom County Executive on August 25, 2010 3. Report on Raw Materials Shortages SEPA review required? ( ) Yes ( x )NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x )NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This report is to inform the Council of expenses incurred under the authority of the August 25, 2010 Proclamation of Emergency. 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/councit 10 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR �GpM aO4 ,f gSH�N�g0 MEMORANDUM ADMINISTRATION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6692 FAX: (360) 738-4561 www. whatcomcounty. us FAbart&o. whatcom. wa. us RECEIVED TO: The Honorable Pete Kremen, County Executive, OCT 1- 2010 Honorable Members of the Whatcom County Council PEIEKREMEN THROUGH: Frank M. Abart, Public Works Directoo,/56/1010 COUNTY EXECUTIVE FROM: Stephanie Draper, Administrative Assistant, Public Works RE: Report on expenses associated with the August 25, 2010 Proclamation of Emergency DATE: September 29, 2010 As required under Section 3.08.100 ( C ) of the Whatcom County Code, the following memorandum summarizes expenses incurred under the August 25, 2010 Proclamation of Emergency regarding the inability to procure Traffic Striping Paint through our contracted vendor because of a nationwide shortage. Since regular application of such paint is necessary to clearly mark roadway lanes, this paint shortage posed a potential threat to the safety of the traveling public. Therefore it was critical to order this paint from this vendor in a timely fashion because of high demand and striping weather limitations. Details for the August 25, 2010 Proclamation of Emergency are summarized below: 2010 Budget for painting is in excess of $542,500 Current contract price per gallon is $8.50 (before tax) New price with new vendor via Emergency Proclamation was $10.72 (before tax) per gallon for Yellow paint and $10.67 (before tax) per gallon for White paint Price difference was an increase of $2.22 (before tax) per gallon for Yellow paint and $2.17(before tax) per gallon for White paint We ordered 5500 gallons of Yellow paint and 2750 gallons of White paint for a total of 8250 gallons The total cost above normal price was $18,177.50 (before tax) Copies of packing slips and invoices available upon request. Please contact Peggy Leviton at extension 50573, if you have any questions or concerns regarding this information. 11 . WHATCOM COUNTY PROCLAMATION OF EMERGENCY WHEREAS, the Whatcom County Public Works Department has reported to the Whatcom County Executive that our inability to procure Traffic Striping Paint through our contracted vendor because of a nationwide shortage since earlier this year has forced us to pursue other vendors; and WHEREAS, since regular application of such paint is necessary to clearly mark roadway lanes, this paint shortage poses a potential threat to the safety of the traveling public; and WHEREAS, traffic striping paint has become available through a vendor not on the bid list; and WHEREAS, it is critical we order this paint from this vendor in a timely fashion because of high demand and striping weather limitations; and WHEREAS, the necessity of prompt action to effectuate this purchase constitutes an emergency as defined by the Whatcom County Comprehensive Emergency Management Plan and necessitates the utilization of emergency powers granted pursuant to the Whatcom County Charter, RCW 36.40.180 and RCW 38.52.070(2); NOW THEREFORE, BE IT PROCLAIMED BY THE WHATCOM COUNTY EXECUTIVE that an emergency exists in Whatcom County, and thus Whatcom County departments are authorized to do the following: (1) enter into contracts and incur obligations necessary to combat such emergency situations to protect the health and safety of persons; and, (2) other actions, as appropriate. Each Whatcom County department is authorized to exercise the powers vested under this proclamation in the light of the exigencies of an extreme emergency situation without regard to time-consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements). MarAlcom. County Executive Dated this 25t" day of August, 2010. Recommended by: *Director, ublic Works Department Approved as to form. Senior Civil Deputy Prosecuting Attorney 12 Report on Raw Materials Shortages In the U.S. Pavement Markings Industry T. 1. Phis report was produced by the Xssociation (ATSSA), Fredericksburg,V k, :ables included in this report were co sgrateful to those companies who pai tier W60s.,of the association who contr '`'the Staff of the Federal Hi hwa �Ad -b V our raft report and providil''expert c ientary. OK 2;4K 20 1M .,O,T-,,��A -ican Traffic Safety Service iation �5 A I Rights Rell rved . . . . . . . . . . . . -A Coverp hotography courtesy Ennis Paint 1 i4 Table of Contents Introduction............................................................................................................................i Overview of How the Shortages Developed................................................................... 2 Results of Pavement Marking Materials Manufacturers Survey .............:............... 3 Alternative Courses of Action............................................................................................ 5 Attachmentis Definitions................................................................................................... 7 15 This page has been left intentionally blank. 16 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry REPORT ON RAW MATERIALS SHORTAGES IN THE U.S. PAVEMENT MARKINGS INDUSTRY Introduction As of the date of preparation of this report, June 2010, the roadway markings industry in the United States faces a critical shortage of raw materials used in the production of paint, epoxy and thermoplastic markings. Indeed, this problem is global in nature with parallel shortages being reported in the United Kingdomand elsewhere. The raw material shortages are a result of the limited availability of certain resins and rosins that are used as binders in the production of some road marking materials as well as a shortage of Titanium Dioxide which is a white pigment with a high coefficient of reflection used in the production of paint, in this case both white and yellow roadway markings. The shortages are exacerbated by the fact that these raw materials have other uses, some of which have historically brought higher prices. As a result of these shortages, virtually every pavement marking manufacturer is running below capacity. There is a significant concern that as inventories are drawn down, there could be an adverse effect on safety, particularly for resurfacing projects which require new centerline, edge line and lane markings. Indeed this could adversely affect project completion. The further result of reduced production is that roadway marking contractors who have contractual obligations as subcontractors to general contractors or as direct contractors to state and local governments to mark roadways may very well be unable to deliver their product within the timeframe and cost structure of the original project plan. It is typical in the industry to include liquidated damage clauses in these types of contracts. However, the imposition of liquidated damages or other penalties on markings contractors, most of whom are small businesses, would more than likely result in bankruptcies and layoffs, thereby possibly reducing competition in the future when the marketplace "normalizes" and also adversely affecting the nation's economic recovery. In order to assist in avoiding or mitigating these rather dire consequences, the American Traffic Safety Services Association has produced this brief report in the hope that project owners, manufacturers, contractors and the general public may develop a deeper understanding of the issues and that alternative resolutions may be explored. First, we will take a look at what specific raw materials are in short supply and some of the general causes for those shortages. We will then present the results of a brief survey that ATSSA conducted of pavement marking materials manufacturers, followed by a discussion of alternative courses of action that might be taken to mitigate the effects of the shortages. Attachment A presents definitions and explanations of the various raw materials. 1 See Impacts of raw material shortages and rising material costs in the Road Marking and High Friction Surfacing sector. Road Safety Marking Association, May 2010. Copyright © 2010 The American Traffic Safety Services Association 17 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry Overview of How the Shortages Developed The manufacturing of the three primary pavement marking materials — paint, epoxy and thermoplastic — requires raw materials whose purposes include color, brightness and binding into the overall finished product. These materials differ for each product and include Acrylic Resin, Rosin Esters, Liquid Epoxy Resin and Titanium Dioxide (Ti02)2. Each of the above raw materials is used in otherproducts; some are very widely used. For example, a Greek wine, Retsina, derives its unique aroma and flavor from the addition of a small amount of pine resin. Titanium Dioxide is the pigment that makes white and yellow traffic markings bright. It is used in virtually every industry imaginable from coatings to medical products to foods. It is even used in tooth paste! Several global events have contributed to the shortage of raw materials that we see today. In fact, shortages of several of these products developed almost simultaneously in what might be described as "a perfect storm." The chemical industry as a whole has endured the global economic downturn along with every other business sector and was forced to reduce production in order to maintain profitability. Two key components of Acrylic Resin, propylene and acrylic monomers, are in short supply. Likewise, Liquid Epoxy Resin and Converted Epoxy Resin are also in short supply due to the loss of production of a critical raw material, phenol, which is produced in a major chemical manufacturing company's plant in Oyster Creek, Texas. As a result of the interruption of the supply of phenol, on March 15, 2010, The Dow Chemical Company issued a "Notification ofForce Majeure for Liquid Epoxy Resin (LER) and Converted Epoxy Resin (CER) in theAmericas." Dow sent a letter to its customers announcing this declaration on that same date.' In that letter, Dow announced that it was developing an allocation plan. ATSSA can confirm that in conducting a survey of manufacturers, the results of which are presented in the next section, virtually all affected manufacturers cited the allocation of raw materials as a primary constraint on their production capability. Resins and Rosin Esters are key components in the resin system for Thermoplastic. Resins are derived from gum rosin or pine tree sap. While there is some production here in the United States, primarily in the southeast, significant amounts are imported from China and countries along the equator. Apparently, three things happened almost simultaneously. First, there was an incredibly poor harvest of gum rosin along the equator and in China in 2009. Secondly, the Chinese have ramped up roadway construction overall, thereby consuming more of their own product domestically and exporting less. Thirdly, the largest domestic manufacturer of rosin esters shuttered one of its three production facilities, presumably due to lack of profitability, effectively removing one-third of the available production. Additionally, the global leader in the refining of Titanium Dioxide was forced to pull back production due to the economic downturn, resulting in current shortages for all users of this pigment. Additionally, there was a fatal explosion at a production facility in Grimsby in the UK which resulted in a six week closure of that plant in 2 See Attachment 1 for definitions of these raw materials. 3 The Dow Chemical Company, Letter to customers dated March 15, 2010, signed by Joan Schuller, General Manager, Dow Coatings and Materials North America. 2 Copyright © 2010 The American Traffic Safety Services Association Report on Raw Materials Shortages in the U.S. Pavement Markings Industry February/March.' While Ti02 from this plant was not typically shipped to the U.S., having the plant off-line may have further contributed to the worldwide shortage of this important material. These events have had a devastating impact on U.S. production of roadway marking materials. Since most manufacturers of these materials are on allocation of raw materials, they in turn have placed their customers (i.e. striping contractors) on allocation as well. The exceptions to this statement as of the date of production of this report are one producer of Epoxy and a couple of manufacturers who had amassed a supply of Ti02. However, it does not appear that those manufacturers are able to replace their supplies as quickly as they are using them. Another effect on the marketplace is that the upstream impact of significant increases in the costs of raw materials are beginning to be felt downstream in the form of price increases. Major manufacturers announced product price increases in late Aprils Now as the economy has begun to improve, overall demand has increased, but full production has not returned, thereby exacerbating the shortages. The pavement marking industry has in the past been one of the lowest priced and least profitable industries for the suppliers of resins and pigments. However, as a result of these shortages, the pavement marking industry now has to compete with other more profitable industries in order to maintain allotted supplies, resulting in higher production costs. In order to ascertain the direction of the marketplace and the probable availability of roadway marking materials in the coming months, ATSSA conducted a brief telephone survey of manufacturers between June 10 and June 14. The results of this survey are presented in the following section. Results of Pavement Marking Materials Manufacturers Survey ATSSA staff surveyed both national and regional manufacturers of paint, thermoplastic and epoxy. It is important to note that not every company manufactures all three products, so that both numerical and percentage responses may vary below. For questions that were posed regarding the percent of product currently being delivered and anticipated to be delivered in. the near future as compared to past delivery levels, we report the median and the mean. In order to ensure the confidentiality of corporate data, in no instance is individual company information provided. Seventy-eight percent (78%) of manufacturers reported that they were having difficulty obtaining resins / binders to produce pavement marking materials, while 56% reported difficulty in obtaining Titanium Dioxide. As mentioned in the previous sections, Titanium Dioxide is a widely used product. Of those that reported little or no difficulty in obtaining TiO2, it was generally due to the fact that they had either stockpiled product in anticipation of a shortage or had located product in the marketplace at much higher costs than historically had been the case. Some who responded "No" to this question had as little as two weeks supply remaining and indicated that if they were asked this question in the near future their response would likely be "Yes." 4 See Impacts of raw material shortages and rising material costs in the Road Marking and High Friction Surfacing sector. Road Safety Marking Association, May 2010. 5 Letters were sent to customers by Ennis Paint on April 23, and by Crown Technology LLC and Sherwin-Williams on April 26 Copyright © 2010 The American Traffic Safety Services Association 3 19 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry When asked at what percent of normal production they were running as of the date of the survey, responses resulted in the following median and mean groupings: TABLE 1 CURRENT PRODUCTION VS. NORMAL PRODUCTION PRODUCT MEDIAN MEAN Paint 50% 50% Thermoplastic 50% 43% Epoxy 65% 78% When asked if their timeframe for delivery of pavement marking products has increased when compared to the average of the last three years, 100% of respondents answered yes. However, when asked what that average delivery time is, responses varied widely (Table 2). Although it was not a formal question in the survey, anecdotally, almost all manufacturers indicated that the timeframes they quoted were for existing customers, and that they were not able to serve new customers at this time. TABLE 2 AVERAGE DELIVERY TIME PROMISED (DAYS) PRODUCT MEDIAN MEAN RANGE Paint 60 55 7 - 90 Thermoplastic 60 59 0 - 90 Epoxy 15 24 3 - 56 In order to ascertain the future direction of the marketplace, we then asked generally what level of demand pavement marking manufacturers anticipated that they could meet in the coming months. The median and means are reported below. While a couple of manufacturers were optimistic about returning to full production capacity in the fall, a significant majority felt that it would take some time to fulfill back orders. Again, although it was not part of the prepared survey questions, when asked about when they thought that production and demand would return to balance, estimates ranged from October at the earliest to the "spring striping season" of 2011. Cl TABLE 3 PROJECTED CAPACITY VS. DEMAND SELECT TIME PERIODS PERIOD ENDING MEDIAN MEAN June 30 55% 54% July 31 70% 60% August 30 70% 65% September 30 70% 65% Copyright © 2010 The American Traffic Safety Services Association 20 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry Finally, we posed two carefully worded questions to ascertain the effect of current shortages of raw materials, on production costs and on future downstream costs. We wanted to know if producers anticipated a decrease in current price fluctuations as supplies "normalized" and attempted to obtain this information while staying well within the boundaries of antitrust requirements. We found that all of the producers that we surveyed anticipated that raw materials prices would be higher in the future when compared to a year ago, even if supplies normalized or increased, due in part to increased demand, including on an international basis. For example, China, India and other countries are developing significant new roadway systems. We should emphasize that an increase in supply of raw materials is not a certainty, as some of the basic causes discussed in the previous section such as poor crop harvest could be repeated. In looking at the effect of raw material cost increases on finished product prices in the marketplace, virtually every manufacturer anticipated an increase when compared to a year ago. It should be noted that in conducting this survey and posing this question, we did not differentiate byproduct type. Alternative Courses of Action In the absence of pavement .marking product availability at any cost, project owners might want to consider both temporary and permanent alternatives until supplies normalize. This would be true for both resurfacing and maintenance projects in order to ensure that safety is not compromised. ATSSA is aware that there have been meetings between project owners and contractors in several states, and that some states have begun to specify and implement alternatives until such time as the raw materials crisis is over. While many states have specific product specifications and formulations, here are some general ideas that could be adapted at the state or local levels: Anecdotal evidence suggests that some manufacturers have "primary" contracts with state DOTS for maintenance purposes and are apparently fulfilling those contracts prior to supplying contractors, while in other instances "Force Majeure" has been declared and full supplies are not being delivered.. States which do have available supplies of striping material for maintenance purposes could "lend" that prod- uct to contractors on resurfacing projects, with the contractor obligated to "repay" the loan with the same product in a specified time frame. 2. Temporary markers or flexible delineators / channelizers could be used as an alternative to markings in some instances; for example, work zones. RPMs can be used to substitute for striped lines if they are applied with the spacing mandated in Section 3B.14. Flexible channelizers can supplement, but not replace, longitudinal lines per Section 31-1.01. Centerlines could be striped and rumble strips used for edge delineation. This would be allowed only where a striped edge line is not mandatory in the MUTCD. Section 3B.07 mandates that edge lines shall be used on all freeways and expressways, and on all rural arterials having a traveled way width of 20 feet or more and ADT of 6,000 or greater. When product becomes available, the rumble strips could be converted to rumble stripes. Several states have reported significant safety benefits from rumble stripes. 4. The shortage of raw materials has not affected tape, so inlay tape could be substituted on new asphalt. 5. Temporary markers could be used for centerlines per Section 3B.14 of the MUTCD. Copyright O 2010 The American Traffic Safety Services Association 5 21 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry 6. Information sources suggest that many intersections and RR crossings have either paint or thermo- plastic markings. In these instances, pre -formed thermoplastic could be substituted. (Note: It is our understanding that pre -formed thermoplastic requires different resins and does not suffer from a raw materials shortage.) 7. Skip lines could be shortened for an interim period and "completed" when additional product becomes available. The MUTCD provides Guidance that a 10 foot line segment / 30 foot gap be used. Shorter line segments, within a 40 foot overall cycle, could be used if engineering judgment indicates a neces- sity to do so based on paint shortages and the lack of another viable option. As project owners address the issue of product shortages, they may develop additional alternative courses of action. ATSSA would be pleased to post these and other alternatives that do not adversely affect safety on www.ATSSA.com. Please send your ideas to James Baron, Director of Public Affairs, at James.Baron@ATSSA.com. Copyright @ 2010 The American Traffic Safety Services Association 22 Report on Raw Materials Shortages in the U.S. Pavement Markings Industry ATTACHMENT 1: DEFINITIONS Acrylic Resin is the backbone or glue that holds all of the other raw materials together to make finished water based paint, including colored traffic paint. This resin and its derivatives are used in just about every water based paint including house paints. Rosin Esters are the main component in the resin system for Alkyd Thermoplastic. They are derived from gum rosin or pine tree sap. Rosin Esters are used in many other applications such as adhesives, inks and coatings and even food products such as chewing gum and soft drinks. Liquid Epoxy Resin (LER) is the backbone or glue for epoxy paint. It is a petroleum derivative that is manufactured in chemical reactors by several large chemical companies around the world. LER is used in hundreds of applications in many different industries from floor coatings to waterproofing coatings. Titanium Dioxide (7102) is refined from Titanium which is a mined ore. Ti02 is the pigment that makes traffic markings opaque and white and yellow markings bright. Ti02 is used in virtually every industry imaginable from coatings to medical to foods and other products. like tooth paste. Copyright © 2010 The American Traffic Safety Services Association 7 23 PCs SAFER ROADS SAYE LIVES For additional copies visit the Online Store at ATSSA.com, call the Products Department at (877) 642-4637 or write to: ATSSA 15 Riverside Parkway, Suite 100 Fredericksburg, Va. 22406 24 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2010-346 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: A61 q/ 2 October 12, 2010 Finance, Council Paula J. Cooper FED-)� �`� �/ I� 11 Division Head: Jon HLitchin s o 'ry OCT U 5 2010 Dept. Head: f '7 a e10 FrankM. Abart / WHAI COM COUNTY Prosecutor: Dan Gibson COUNCIL Purchasin /Bud et: P V Executive: l"V TITLE OF DOCUMENT. Joint Funding Agreement with United States Geological Survey ATTACHMENTS: Memorandum SEPA review required? ( ) Yes (x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's six stream gages within the Nooksack River early flood warning system. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcom.wauslcounciL 25 NHATCOM COUNTY 'UBLIC WORKS DEPARTMENT :RANK M. ABART ) I RECTO R MEMORANDUM RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 676-6876, (360) 398-1310 www.whatcomcounty.us TO: The Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Frank M. Abart, Public Works Director a°to FROM: Paula J. Cooper, River and Flood Man ger�/ Jon Hutchings, Assistant Director RE: Early Flood Warning System - Joint Funding Agreement with USGS DATE: September 22, 2010 RECEIVE® OCT 1- 2010 PETS KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of a Joint Funding Agreement between the Whatcom County Flood Control Zone District (FCZD) and the United States Geological Survey (USGS) for your review and signature. Requested Action Public Works respectfully requests that the County Executive, acting on behalf of the FCZD Board of Supervisors, enter into a Joint Funding Agreement in the amount of $74,615 with the USGS for annual operation and maintenance (O&M) of the County's stream gage network. Background and Purpose The FCZD has worked cooperatively with the USGS for a number of years to collect stream gaging data. Stream flow and river stage data are provided on a real-time basis as part of the early warning system, and the historical data are maintained by the USGS for a variety of uses by various agencies. The system includes six gaging stations located throughout the Nooksack River system, as specified in the agreement. Financing of this program is provided on a cost -share basis through the USGS Cooperative Program. Funding Amount and Source The proposed agreement is for a total amount of $74,615, of which $60,615 will be the FCZD share and $14,000 will be funded by the USGS. As in the past, the City of Bellingham, and the Department of Ecology have provided funding for portions of the annual costs for some ofthe gages. These cost shares are not included in this agreement as they are addressed in separate agreements between the USGS and those entities. The source of funding for this agreement is the FCZD Fund. Differences from Previous Contract The cost of similar services provided last year was $72,380 with a FCZD share of $58,820; this reflects a cost increase of 3%. Please contact Paula Cooper at extension 50625, if you have any questions or concerns regarding the terms of this agreement. Encl. W WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. a0i0ioopl Originating Department: Public Works — River and Flood Contract Administrator: Paula Cooper - Contractor's I Agency Name: United States Geological Survey (USGS) Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ❑ If yes, previous number(s): Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s) CFDA number Is this contract grant funded Yes ❑ No® If yes, associated Whatcom County grant contract number(s) Is this contract the result of a RFP or Bid process? Yes ❑ No ® If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract . If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35,000, please submit an Agenda Bill for Council $Total: $74,615; FCZD share: approval and a supporting memo. Any amendment that provides $60,615 either a 10% increase in amount or more than $10, 000, whichever is This Amendment Amount: greater, must also go to Council and will need an agenda bill and $ supporting memo. If less than these thresholds, just submit to Total Amended Amount: Executive with supporting memo for approval. $ Scope of Services The annual Joint Funding Agreement with the USGS funds the ongoing operation and maintenance of the County's si& stream gages within the Nooksack River early flood warning system Term of Contract. Fixed Expiration Date: 9-30-11 Contract Routing Steps & Signo ff fsi,en or initial) [indicate date transmitted) 1. Prepared by: Pi Coo er 2. Attorney reviewed: Gni J l , Gibsom, Date: Date: _9-23-10_ [electronic] O�lat la [electronic] 3. AS Finance reviewed: Date: [electronic] 4. IT reviewed if IT related: Date: _ _ [electronic] S. Corrections made: Date: [electronic] hard copy printed 6. Attorney signoff.• Date_ _ _ 7. Contractor signed: ✓ Date: g - 2-0 -10 [electronic] 8. Submitted to Exec Office ✓ Date 10-1-10 [summary via electronic; hardcopies] 9. Reviewed by DCA: Date 10. Council approved (if necessary): Date 11. Executive signed: Date 12. Contractor Original returned to dept Date 13. County Original to Council: Date 27 COUNTY ORIGINAL Form 9-1366 U.S. Department of the Interior (Oct. 2005) U.S. Geological Survey Joint Funding Agreement YYI ["I vvlr- ___1 - - - CONTRACT NO. aolol000 l Customer #: WA088 FY11 Agreement #: 11W4WA04200 Project #: 97229EU TIN #: 916001383 Fixed Cost FF F Agreement Yes No FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1ST day of OCTOBER 2010, by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, party of the first part, and Whatcom County Flood Control Zone District, party of the second part. 1. The parties hereto agree that subject to availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation a fixed -price agreement for the continued operation and maintenance of the Whatcom County-USGS Early Flood Warning stream gaging network as detailed in Exhibit A which is considered a part of this agreement, herein called the program. The USGS legal authority is 43 USC 36C; 43 USC 50; and 43 USC 50b. 2. The following amounts shall be contributed to cover all of the cost of the necessary field and analytical work directly related to this program. 2(b) includes In -Kind Services in the amount of $ N/A. by the party of the first part during the period (a) $14,000 OCTOBER 1, 2010 to SEPTEMBER 30, 2011 by the party of the second part during the period (b) $60,615 OCTOBER 1, 2010 to SEPTEMBER 30, 2011 (c) Additional or reduced amounts by each party during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of letters between the parties. (d) The performance period may be changed by mutual agreement and set forth in an exchange of letters between the parties. 3. The costs of this program may be paid by either party in conformity with the laws and regulations respectively governing each party. 4. The field and analytical work pertaining to this program shall be under the direction of or subject to periodic review by an authorized representative of the party of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representatives. The methods employed in the field and office shall be those adopted by the party of the first part to insure the required standards of accuracy subject to modification by mutual agreement. 6. During the course of this program, all field and analytical work of either party pertaining to this program shall be open to the inspection of the other party, and if the work is not being carried on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days written notice to the other party. 7. The original records resulting from this program will be deposited in the office of origin of those records. Upon request, copies of the original records will be provided to the office of the other party. 8. The maps, records, or reports resulting from this program shall be made available to the public as promptly as possible. The maps, records, or reports normally will be published by the party of the first part. However, the party of the second part reserves the right to publish the results of this program and, if already published by the party of the first part shall, upon request, be furnished by the party of the first part, at costs, impressions suitable for purposes of reproduction similar to that for which the original copy was prepared. The maps, records, or reports published by either party shall contain a statement of the cooperative relations between the parties. We 9. USGS will issue billings utilizing Department of the Interior Bill for Collection (form DI-1040). Billing documents are to be rendered QUARTERLY. Payments of bills are due within 60 days after the billing date. If not paid by the due date, interest will be charged at the current Treasury rate for each 30 day period, or portion thereof, that the payment is delayed beyond the due date. (31 USC 3717; Comptroller General File B- 212222, August 23, 1983). U.S. Geological Survey United States Department of the Interior USGS Point of Contact Name: Bob Kimbrough Address: USGS WAWSC 934 Broadway, Suite 300 Tacoma, WA 98402 Telephone: 253-552-1608 Email: rakimbro aausas.Qov Signatures NameIn tnthia Barton, Ph.D., L.G., L.H.G. Title: Center Director, USGS Washington Water Science Center By Name: Title: WA088/ 11 W4 WA04200/FY 11-C Name of Customer Whatcom County Flood Control Zone District Customer Point of Contact Name: 'du la Coorx✓ Address: 322 I.i, (f,�w►crc�a l St. �Sui�G l ZD <NA 418Z25 Telephone: 3(qC) — (7 (o — (og-7 6 Email: P. Gooferr e CO. wtit.tCOW • wa_ u S Signatures By See afifac keel Date Name: Title: Date By_ Date Name: Title: 29 By: Pete Kremen, Whatcom County Executive Date STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM On this day of , 2010, 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 Approved As To Form Only: Daniel L. Gibson Date Deputy Prosecuting Attorney 30 EXHIBIT A Agreement 11 W4WA04200 Whatcom County/USGS. Nooksack Basin Gaging Station Network October 1, 2010 to September 30, 2011 Whatcom County USGS Total USGS Station No. 12205000 N.F. Nooksack River below Cascade Creek near Glacier Streamflow data $7,750 $7,000 $14,750 Real-time data (basic service) $2,650 $0 $2,650 Real-time data (priority service) 820 $Q 820. Subtotal $11,220 $7,000 $18,220 USGS Station No. 12208000 M.F. Nooksack River near Deming Streamflow data' $0 $0 $0 Real-time data (basic service) $2,650 $0 $2,650 Real-time data (priority service) 820 L0 820 Subtotal $3,470 $0 $3,470 USGS Station No. 12210000 S.F. Nooksack River at Saxon Bridge Streamflow data $7,750 $7,000 $14,750 Real-time data (basic service) $2,650 $0 $2,650 Real-time data (priority service) 820 M 820 Subtotal $11,220 $7,000 $18,220 USGS Station No. 12210700 Nooksack River at Cedarville Streamflow data $7,375 $0 $7,375 Real-time data (basic service) $2,650 $0 $2,650 Real-time data (priority service) $820 $0 $820 Climate Data (unpublished precipitation and air temp) 2 200 M_ $2,200 Subtotal $13,045 $0 $13,045 USGS Station No. 12211200 Nooksack River at Everson Stage data; unpublished, Oct 15-Apr 1 $1,290 $0 $1,290 Rating Development $2,960 $0 $2,960 Real-time data (basic service) $1,430 $0 $1,430 Real-time data (priority service) 410 $0 410 Subtotal $6,090 $0 $6,090 USGS Station No. 12213100 Nooksack River near Ferndale Streamflow data $14,750 $0 $14,750 Real-time data (basic servicef $0 $0 $0 Real-time data (priority service) 820 $_0 820 Subtotal $15,570 $0 $15,570 TOTAL $60,615 $14,000 $74,615 1. Funded by City of Bellingham 2. Funded 6 months by Ecology and USGS 31 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-347 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Lynne 917110 n E V�� n S L 0/12/10 Fin/CouncilGivler Division Head: OCT 0 j �0�� �,A.� ; I t � � G' �, M CpU HT Y C 0 GN C tI L Dept. Head: Mike McFarlane -- o 10 Prosecutor: /9�, d"Q �J Purchasing/Budget: Fvzllm Executive: to-4 —/9 TITLE OFDOCUMEMWResidential Lease Agreement with Pamela L. Adams and Stanley N. Adams to lease the apartment located at Silver Lake Park at 9006 Silver Lake Road, Maple Falls, WA 98266. ATTACHMENTS. Residential Lease Agreement. two originals SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Residential Lease Agreement grants permission to Pamela and Stanley Adams to lease the apartment located at 9006 Silver Lake Road, Maple Falls, WA 98266. The fee for this Residential Lease Agreement is $576.04 plus leasehold tax of $73.96 for a total of $650.00 per month. 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. 32 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 'aom co s .f MEMORANDUM TO: Pete Kremen, County Executive r FROM: Michael McFarlane, Director Michael McFarlane Director RECEIVED SEP 2-1 2010 PErE KREMEN COUNTY EXECUTIVE RE: Residential Lease Agreement with Pamela and Stanley Adams DATE: September 7, 2010 Enclosed are two (2) originals of the Residential Lease Agreement between Pamela and Stanley Adams, and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose To grant permission to Stanley and Pamela Adams to lease the apartment located at Silver Lake Park at 9006 Silver Lake Road, Maple Falls, WA 98266. ■ Funding Amount and Source "fhe Adams will pay $576.04 plus $73.96 leasehold tax for a total of $650.00 per month. ■ Differences from Previous Contract The previous contract for this residential lease was with the Whatcom County Sheriff. The Sheriff is no longer funding a Deputy at this site and this current lease is with private citizens.. Please contact Lynne Givler at extension 32073, if you have any questions or concerns regarding the terms of this agreement. Encl.: Two originals of Residential Lease Agreement 33 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. aa1oagoaI Originating Department: Parks & Recreation Contract Administrator: Lynne Givler Contractor's /Agency Name: Pamela and Stanley Adams 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 Ifyes, 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 $650.06 per month 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 This Amendment Amount: and supporting memo. If less than these thresholds, just submit to Executive with $ supporting memo for approval. Total Amended Amount: Scope of Services To grant permission to Pamela and Stanley Adams to lease the apartment located at Silver Lake Park at 9006 Silver Lake Road, Maple Falls, WA 98266. Term of Contract: Begins September 1, Expiration Date: This is a month to month tenancy. 2010 Contract Routing Steps & Signno f [sign or initiall [indicate date transmitted) 1. Prepared by: lgivler Date 917110 [hard copy] 2. Attorney reviewed: Date — [hard copy] 3. AS Finance revie: we Date j b [hard copy] 4. IT reviewed if IT related Date [electronic] 5. Corrections made: _ Date [electronic] hard copy printed 6. Attorney signoff: Date 7. Contractor signed: Adams Date 8123110 8. Submitted to Exec Office ,I/ Date q-A71-to [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 34 COUNTY ORIGINAL WHATCOM COUNTY 1 CONTRACT NO. RESIDENTIAL LEASE AGREEMENT THIS AGREEMENT, dated as of 2010, is made and entered into between WHATCOM COUNTY (PARKS & PECREATION DEPARTMENT), a municipal corporation in the State of Washington, hereinafter referred to as the "Landlord" and Pamela L. Adams and Stanley N. Adams as the "Tenant." In consideration of the covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant those certain premises situated at 9006 Silver Lake Road, Maple Falls, Washington 98266, county of Whatcom, State of Washington, particularly described as follows: Upper floor of the night lodge at Silver Lake Park 1. RENT: Tenant shall pay monthly rent in the amount of $650.00 ($576.04 plus $73.96 leasehold tax of $12.84%) in advance on or before the first day of each month to the Landlord or to such other person(s) as Landlord from time to time. designates in writing. 2. UTILITIES: Landlord shall pay for all utilities but Tenant agrees to make a good faith effort to conserve energy.. Phone service will be paid by Tenant. 3. DAMAGES AND CLEANING: Upon vacancy: a. Tenant shall have fully performed the obligations hereunder and those set forth in the 1973 Residential Landlord -Tenant Act as amended, or as subsequently amended. b. Tenant shall have returned to Landlord all keys provided during the tenancy. A charge of $10.00 will be assessed for each key not returned by Tenant. c. Tenant shall have cleaned and restored premises to its original condition at commencement of this tenancy, except for normal wear and tear resulting from ordinary use. d. Tenant shall have remedied or repaired to Landlord's satisfaction any damage to premises or furnishings. Within fourteen (14) days after termination of tenancy and vacation of the premises, Landlord will give Tenant a full and specific statement of the basis for charging for any damages. 4. USE OF PREMISES: Tenant shall not assign this Agreement, sublet the premises, give accommodations to any roomers or lodgers or permit the premises to be used for any purposes other than a private dwelling solely for the Tenant and his/her family consisting of the following named persons: Pamela, Stanley and Adriana Adams. 5. TENANT OBLIGATIONS: Tenant agrees as follows: Residential Lease Agreement - Page 1. 35 a. To pay all rent and other charges promptly when due. A late charge of $75.00 will be assessed if rent is not paid by the 5th day of the month. b. Properly use and operate all electrical, gas, heating, plumbing, and other fixtures and appliances supplied by the Landlord. c. To keep the premises in a clean and sanitary condition. d. Not to use the premises for any purpose deemed hazardous by insurance companies. e. To properly dispose of all rubbish, garbage and other organic or flammable waste at reasonable and regular intervals and to assume all costs of extermination and fumigation for infestation caused by Tenant. f. Not to intentionally or negligently destroy, deface, damage, impair or remove any part of the structure or dwelling, including the facilities, equipment, furniture, furnishings and appliances, or permit any member of his/her family, invitee, licensee or any person under his/her control to do so. g. To repair, at Tenant's expense, any damage to the premises caused by Tenant's acts or neglect or any family member, invitee, licensee or any person under his or her control including a sub -tenant within thirty (30) days of receipt of written notice from Landlord requiring such repairs, or within a shorter time if made necessary by emergency. h. To permit the Landlord, his/her agents, employees or representatives to enter the premises at reasonable times after notice as required by the 1973 Residential Landlord -Tenant Act for the purpose of inspections or to make necessary repairs or improvements or to show the premises to prospective purchasers, mortgagees or insurance representatives. i. To permit Landlord to show the premises to prospective tenants after notice as required by the 1973 Residential Landlord -Tenant Act for a period of twenty (20) days prior to expiration of tenancy. j. Not to have any animals or pets of any kind on the premises, either inside or outside. k. Not to install a waterbed without the prior written approval of the Landlord. 1. Not to make any alterations, additions, painting or improvements in or to the premises, including changing or adding additional door locks, without the prior written approval of Landlord. in. To notify the Landlord immediately in writing of any necessary repairs or damage to the premises. Residential Lease Agreement - Page 2. 36 n. Not to smoke in the premises. o. Not to engage in drug -related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug -related activity at the rental premises with the knowledge or consent of the tenant. "Drug -related activity" means that activity which constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW. p. To conform to the rules and regulations adopted by Landlord. These rules and regulations may be modified by Landlord upon thirty (30) days written notice. q. To keep the area immediately surrounding the premises free and clear. r. There will be no parking permitted of any vehicles and/or trailers, of any type, upon grass or lawn. s. Tenant will be responsible for lawn care of the premises. t. Not to post any political, advertising, or other signs on park property, including in windows that are visible to the public. Whatcom County Parks & Recreation recognizes the Tenant's right to free speech, but given the public nature of park property it's imperative that the public not conclude that Whatcom County Parks & Recreation is endorsing a particular candidate or political position, or is advertising a particular product or service. 6. TERMINATION: This agreement shall terminate by mutual agreement. 7. ABANDONMENT: If Tenant defaults in payment of rent and is absent from the premises for a period of fourteen (14) consecutive days, it shall be presumed that Tenant has abandoned the premises and does not intend to resume his/her tenancy. In the event of such an abandonment, Landlord may immediately enter the premises and take possession of any property of Tenant found therein. Any such property shall be stored and disposed of pursuant to the provisions of the 1973 Residential Landlord -Tenant Act as amended. 8. SUBLETTING AND ASSIGNMENT: Tenant agrees not to sublet the premises nor any part thereof nor assign this Agreement in whole or in part without the prior written consent of Landlord. 9. NO WAIVER: Failure of Landlord to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 10. ATTORNEY'S FEES: In the event suit shall be brought regarding the performance of the terms and provisions of this Agreement or because of a breach of any of Tenant's obligations, then Tenant agrees to pay to Landlord reasonable attorney's fees as authorized by R.C.W. Residential Lease Agreement - Page 3 37 Chapter 59.18. 11. BOLD HARMLESS: The Tenant shall protect and hold the Landlord harmless for all claims and damages arising out of the Tenant's negligent use of the permit premises. 12. SPECIAL AGREEMENTS: Two keys provided. 13. DELIVERY OF POSSESSION: If for any reason whatsoever Landlord does not deliver possession of the premises at the commencement of the term of this Agreement, rent shall be abated until such date as possession of the premises is tendered by Landlord, and in all other respects this Agreement shall remain in full force and effect and the term shall not be extended thereby. In no event shall Landlord be liable for damages caused by failure to deliver possession of the premises. If possession of the premises is not tendered to Tenant within ten (10) days of the commencement of the term of this Agreement, Tenant may terminate this Agreement by giving written notice to Landlord and any monies paid by Tenant to Landlord shall be refunded to Tenant. Residential Lease Agreement - Page 4 Tenant acknowledges that he/she/they have read this agreement and will abide by its terms and will comply with all rules and regulations adopted by Landlord. TE A""NTn�"� Gf GrVt �J' a daj� Pamela L. Adams Stanley N. • d. Telephone Number STATE OF WASHD\IGTON) ) ss. COUNTY OF WHATCOM ) On this Z"R day of A,.) aj %J s � 2010, before me personally appeared S �c..,.\ -y AA -a r, s ancy Ac—'-.r�r to me known to be the individua(s) described in and who executed the within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this Zg day of C , 20LL). NOTARY P IC in anfor the State of Washington, residing at tvofary Pubtia. My Commission expires: Sfgta ofWashington IMK J CRAWFORD -Mal-Appolntmerit Eg*o& Sep 4, 2_0 f3 Residential Lease Agreement - Page 5. 39 Executed as of the date first written above. I II:�►i71C�7.7 7 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 , 2010. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNTY PARKS & RECREATION DEPARTMENT APPROVED AS TO FORM: Deputy Prosecuting to ey Residential Lease Agreement - Page 6. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-348 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: L Givler 917110 I�55 F-�i ✓ 10/12/10 inance/Counci Division Head: �- � /i Dept. Head: O C -; 0 5 2010 �,aC` M, COUNTY TY Prosecutor: Purchasing/Budget: 0 0 0 N C I I Executive: TITLE OFDOCU NT. Residential Lease Agreement with Jenni Brown to lease the house located at 3211 North Shore Road, Bellingham. ATTACHMENTS. Residential Lease Agreement with Jenni Brown SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing ? ( ) Yes (X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. This Residential Lease Agreement grants permission to Jenni Brown to lease the house located at 3211 North Shore Road, Bellingham. The fee for this Agreement is $1,152.07 plus 12.84 % leasehold tax of $147.93 for a total of $1,300.00 a month. The previous contract for this residential lease at 3211 North Shore Road, Bellingham, was #200801027. 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. 41 WHATCOM COUNTY PARKS & RECREATION DEPT. 3373 Mt. Baker Hwy. Bellingham, WA 98226 MEMORANDUM TO: Pete Kremen, County Executive t I FROM: Michael McFarlane, Director RE: Residential lease Agreement with Jenni Brown DATE: September 7, 2010 Michael G. McFarlane Director RECEIVED SEP 21 2010 PEfE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals of the Residential Lease Agreement between Jenni Brown and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose To grant permission to Jenni Brown to lease the house located at 3211 North Shore Road, Bellingham, Washington from September 11, 2010 to September 10, 2011. After September 10, 2011 it will revert to a month -to -month agreement. ■ Funding Amount and Source Funds under this agreement will be $1,300.00 a month ($1,152.07 plus 12.84% leasehold tax of $147.93). ■ Differences from Previous Contract The previous contract for this residential lease was #200801027. The previous tenant was Fred Sankus. Please contact Lynne Givler at extension 32073, if you have any questions or concerns regarding the terms of this agreement. Encl. 42 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. ao/o69 Originating Department: Parks & Recreation Contract Administrator: Michael McFarlane Contractor's /Agency Name: Jenni Brown 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 $1,300.00 per month memo. Any amendment that provides either a 10% increase in amount or more than This Amendment Amount: $10,000, whichever is greater, must also go to Council and will need an agenda bill $ and supporting memo. If less than these thresholds, just submit to Executive with Total Amended Amount: supporting memo for approval. $ Scope of Services To grant permission to Jenni Brown to lease the house located at 3211 North Shore Road, Bellingham. Term of Contract: September 11, 2010 Expiration Date: September 10, 2011 then month to month tenancy. through September 10, 2011 Contract Routine Stens & Sienoff /sign or initial! (indicate date transmitted 1. Prepared by: leivler Date_917110 [hard copy] 2. Attorney reviewed: �,.1 Date [electronic] 3. AS Finance reviewed: Azlg-� Date (electronic] 4. IT reviewed if IT relate Date [electronic] 5. Corrections made: Date (electronic] hard copy printed 6. Attorney signoff.• Date 7. Contractor signed: Brown Date 917110 8. Submitted to Exec Office Date 9-1i-1a [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 43 COUNTY ORIGINAL WHATCOM COUNTYCON T RACT NO. RESIDENTIAL LEASE AGREEMENT__� _ _J THIS AGREEMENT, dated as of Q. +. 2010, is made and entered into between WHATCOM COUNTY (PART AND RECREATION DEPARTMENT), a municipal corporation in the State of Washington, hereinafter referred to as the "Landlord" and JENNI BROWN, as the "Tenant." In consideration of the covenants and agreements hereinafter set forth, the Landlord does hereby lease to Tenant those certain premises situated at 3211 North Shore Road, Bellingham, Washington 98226, County of Whatcom, State of Washington, particularly described as follows: Unfurnished two bedroom home on Lake Whatcom with large yard for a term of one year commencing on the llth day of September, 2010, and ending on the IOth day of September, 2011, upon the following terms and conditions. 1. RENT: Tenant shall pay monthly rent in the amount of $1300.00 ($1152.07 plus $147.93 leasehold tax of 12.84%) in advance on or before the first day of each month to the Landlord or to such other person(s) as Landlord from time to time designates in writing. 2. UTILITIES: Tenant shall pay for all services and utilities supplied to the premises. 3. DAMAGES, CLEANING AND SECURITY DEPOSIT: Tenant has paid a deposit in the amount of $1300.00, receipt of which is hereby acknowledged, which shall be deposited by Landlord in a trust account with Key Bank, and which shall not be considered by Tenant to be the last month's rent. Upon termination of this tenancy, all or a portion of this deposit may be retained by Landlord, and any refund to the Tenant is conditioned as follows: a. Tenant shall have fully performed the obligations hereunder and those set forth in the 1973 Residential Landlord -Tenant Act as amended, or as subsequently amended. b. Tenant shall have occupied the premises for a minimum of six months or longer. c. Two keys were provided at the beginning of the tenancy. Tenant shall have returned to Landlord all keys provided during the tenancy. A charge of $10.00 will be assessed for each key not returned by Tenant. d. Tenant shall have cleaned and restored premises to its original condition at commencement of this tenancy, except for normal wear and tear resulting from ordinary use. e. Tenant shall have remedied or repaired to Landlord's satisfaction any damage to premises or furnishings. Residential Lease Agreement - Page 1 of 6 MA Within fourteen (14) days after termination of tenancy and vacation of the premises, Landlord will give Tenant a full and specific statement of the basis for retaining any or all of the deposit together with the payment of any refund due. 4. USE OF PREMISES: Tenant shall not assign this Agreement, sublet the premises, give accommodations to any roomers or lodgers or permit the premises to be used for any purposes other than a private dwelling solely for the Tenant and his/her family consisting of the following named person: Jenni Brown. 5. TENANT OBLIGATIONS: Tenant agrees as follows: a. To pay all rent and other charges promptly when due. A late charge of $75.00 will be assessed if rent is not paid by the 5th day of the month. b. Properly use and operate all electrical, gas, heating, plumbing, and other fixtures and appliances supplied by the Landlord. c. To keep the premises in a clean and sanitary condition. d. Not to use the premises for any purpose deemed hazardous by insurance companies. e. To properly dispose of all rubbish, garbage and other organic or flammable waste at reasonable and regular intervals and to assume all costs of extermination and fumigation for infestation caused by Tenant. f. Not to intentionally or negligently destroy, deface, damage, impair or remove any part of the structure or dwelling, including the facilities, equipment, furniture, furnishings and appliances, or permit any member of his/her family, invitee, licensee or any person under his/her control to do so. g. To repair, at Tenant's expense, any damage to the premises caused by Tenant's acts or neglect, or those of any family member, invitee, licensee or any person under his or her control including a sub -tenant within thirty (30) days of receipt of written notice from Landlord requiring such repairs, or within a shorter time if made necessary by emergency. h. To permit the Landlord, his/her agents, employees or representatives to enter the premises at reasonable times after notice as required by the 1973 Residential Landlord -Tenant Act for the purpose of inspections or to make necessary repairs or improvements or to show the premises to prospective purchasers, mortgagees or insurance representatives. i. To permit Landlord to show the premises to prospective tenants after notice as required by the _ 1973 Residential Landlord -Tenant Act for a period of twenty (20) days prior to expiration of tenancy. Residential Lease Agreement - Page 2 of 6 45 j. Not to have any pets on the premises. k. Not to install a waterbed without the prior written approval of the Landlord. Not to make any alterations, additions, painting or improvements in or to the premises, including changing or adding additional door locks, without the prior written approval of Landlord. in. To notify the Landlord immediately in writing of any necessary repairs or damage to the premises. n. Not to smoke in the house. o. Not to engage in drug -related activity at the rental premises, or allow a subtenant, sublessee, resident, or anyone else to engage in drug -related activity at the rental premises with the knowledge or consent of the tenant. "Drug -related activity" means that activity which constitutes a violation of Chapter 69.41, 69.50, or 69.52 RCW. p. To conform to the rules and regulations adopted by Landlord. These rules and regulations may be modified by Landlord upon thirty (30) days written notice. q. To provide and maintain receptacles for garbage and trash. r. To mow the lawn, and keep the lawn, flowers and shrubbery in good order and condition, and to keep the area immediately surrounding the premises free and clear of all obstructions, snow and ice. To use due precaution against freezing of water pipes and waste pipes and stoppage of same in and about the premises. In the event that water pipes or waste pipes are frozen or become clogged by reason of neglect of Tenant, Tenant agrees to repair same at Tenant's expense as well as all damage caused thereby. Tenant shall shut off outside water faucets in the winter. t. There will be no parking permitted of any vehicles and/or trailers, of any type, upon grass or lawn. 6. TERMINATION: This agreement shall terminate on September 10, 2011. If at that time the parties have not renegotiated a new lease and the Tenant remains in possession of the residence past that date, then this agreement shall turn into a month -to -month tenancy under all the terms and conditions which existed during the period this lease agreement was in effect. After this one year_lease terminates, the month -to -month tenancy can be terminated by either party upon 30 days written notice to the other party. 7. ABANDONMENT: If Tenant defaults in payment of rent and is absent from the premises for Residential Lease Agreement - Page 3 of 6 .N a period of fourteen (14) consecutive days, it shall be presumed that Tenant has abandoned the premises and does not intend to resume his/her tenancy. In the event of such an abandonment, Landlord may immediately enter the premises and take possession of any property of Tenant found therein. Any such property shall be stored and disposed of pursuant to the provisions of the 1973 Residential Landlord -Tenant Act as amended. 8.. SUBLETTING AND ASSIGNMENT: Tenant agrees not to sublet the premises nor any part thereof nor assign this Agreement in whole or in part without the prior written consent of Landlord. 9. NO WAIVER: Failure of Landlord to insist upon the strict performance of the terms, covenants, agreements and conditions herein contained, or any of them, shall not constitute or be construed as a waiver or relinquishment of Landlord's right thereafter to enforce any such term, covenant, agreement or condition, but the same shall continue in full force and effect. 10. ATTORNEY'S FEES: In the event suit shall be brought regarding the performance of the terms and provisions of this Agreement or because of a breach of any of Tenant's obligations, then Tenant agrees to pay to Landlord reasonable attorneys fees as authorized by R.C.W. Chapter 59.18. 11. HOLD HARMLESS: The Tenant shall protect and hold the Landlord harmless for all claims and damages arising out of the Tenant's negligent use of the permit premises. 12. SPECIAL AGREEMENTS: Beach access is permitted for the Tenant's use and enjoyment, but is controlled by the Whatcom County Parks & Recreation Department. Whatcom County Parks & Recreation does not allow any person to discharge firearms or hunt game of any kind on parkland. Fireworks may not be discharged on park property without authorization by the Director. The local fire district has the right to come in and draw water from the lake for emergency use. Tenant will not use any pesticides (including herbicides) or fertilizers on the premises. If Tenant believes some are needed, Tenant will contact Landlord to discuss concerns. This is especially important at this residence given that Lake Whatcom is the source of drinking water for Bellingham. 13. DELIVERY OF POSSESSION: If for any reason whatsoever Landlord does not deliver possession of the premises at the commencement of the term of this Agreement, rent shall be abated until such date as possession of the premises is tendered by Landlord, and in all other respects this Agreement shall remain in full force and effect and the term shall not be extended thereby. In no event shall Landlord be liable for damages caused by failure to deliver possession of the premises. If possession of the premises is not tendered to Tenant within ten (10) days of the commencement of the term of this Agreement, Tenant may terminate this Agreement by giving written notice to Landlord and any monies paid by Tenant to Landlord shall be refunded to Tenant. Residential Lease Agreement - Page 4 of 6 47 Tenant acknowledges that he has read this agreement and will abide by its terms and will comply with all rules and regulations adopted by Landlord. TENANT awl" J ni Brown 306 - 9&1, 66oi3 Telephone number STATE OF WASHINGTON) ) ss. COUNTY OF WHATCOM ) On this day o 2010, before me personally appeared ey\v\ to me known to be thividual described in and who executed the within and foregoing instrument, and acknowledges that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this —day of , 2010. BARBARA ;;. INlifvlS NOTARY PUBLIC NOTARY PUBLIC in and for the State of Washington, STATE OF WASHINGTON residinat COMMISS;O!i EXPIRES g MARCH 19. 20-13 My Commission expires: ! 20 1--:�h Residential Lease Agreement - Page 5 of 6 Executed as of the date first written above. ail ICI WHATCOM COUNTY Pete Kremen, County Executive STATE OF WASHINGTON) . ) ss. COUNTY OF WHATCOM) On this day of , 2010, 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 , 2010. NOTARY PUBLIC in and for the State of Washington, residing at Bellingham My Commission expires: WHATCOM COUNTY PARKS & RECREATION DEPARTNI�LINT APPROVED AS TO FORM: Deputy Prosecuting A ey Residential Lease Agreement - Page 6 of 6 . • WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-349 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: mg I� M R LE C `�' � E 10/12/10 Finance/Council Division Head: li- v ='\ OCT 0 5 2010 �aV HAT(01 COUNTY COUNCIL Dept. Head: Trn,�� Prosecutor: Purchasing/Budget: p l ie Executive: `B— yet 0 TITLE OF DOCUMENT. United States Department of Justice, Office of Justice Programs, BJA. Project: Whatcom County Olympic and Paralympic Security Project ATTACHMENTS: Grant Award 2010-DD-BX-0659 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Whatcom County required additional law enforcement staffing and resources to handle increased traffic, security needs, border security issues, domestic and international terrorism threats, and anticipated increased criminal activity in the community. The award will reimburse for overtime and other costs associated with these activities. 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. 50 WHATCOM COUNTY SHERIFF'S OFFICE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Pete Kremen, County Execut' FROM: Bill Elfo, Sheriff / VV - RE: Whatcom County Olympic and Paralympics Security Project Project Number 2010-DD-BX-0659 Date: September 21, 2010 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOLEY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS RECEIVED SEP 2 7 2010 PETE KREMEN COUNTY EXECUTIVE Enclosed are two (2) originals between Whatcom County and the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance for your review and signature. • Background and Purpose To cover overtime and impact costs for the Whatcom County Sheriffs Office during the 2010 Olympics and Paralympics Games in British Columbia. Whatcom County required additional law enforcement staffing and resources to handle increased traffic, corrections and security needs, border security issues, domestic and international terrorism threats, and anticipated increased criminal activity in the community. The award will reimburse for overtime and other costs associated with these activities. • Funding Amount and Sources Department of Justice $60,465.00 CFDA Number: 16.753 • Differences from Previous Contract N/a Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in 1'51 c Safety. Please contact Undersheriff Jeff Parks at 50418 is you have any questions of concerns regarding the terms of the agreement. Encl. 52 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Whatcom County Sheriffs Office Contract Administrator: Jeff Parks, Undersherif Contractor's /Agency Name: Department of Justice Office of Justice Programs Bureau of Justice Assistance Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes X No Yes _ No Ifyes, previous number(s): Is this a grant agreement? Yes X No If yes, grantor agency contract number(s) _2010-DD-BX-0659 CFDA number _16.753 Is this contract grant funded? Yes _ No x If yes, associated Whatcom County grant contract number(s) Is this contract he result of a RFP or Bid process? Yes _ No X If yes, RFP and Bid number(s) Contract Amount: (sum of orig contract If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 60, 465.00 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $_60, 465.00 Executive with supporting memo for approval. Scope of Services To cover overtime and other impact costs for the Whatcom County Sheriff's Office Bureau of Law Enforcement and Investigations and the Bureau of Custody and Corrections during the 2010 Olympics and Parlympic Games in British Columbia. Term of Contract: 2101110 Expiration Date: 1131/11 Contract Routine Steps & Sienoff [sien or initiall [indicate date transmitted 1. Prepared by: mg Date_9121110 [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: Date z 3 to electronic) 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 6. Attorney signoff Date 7. Contractor signed: Date 8. Submitted to Exec Office ,/ Date I -a 7-/o [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 53 +OUN ORIGINAL 1d HAI UUM UUUN ! Y- CONTRACT NO. A /0 0 90-a.3 Department of Justice Office of Justice Programs j. � . Bureau of Justice Assistance a 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) County of Whatcom 311 Grand Avenue Bellingham, WA 98225AO38 IA. GRANTEE IRS/V EN DOR NO. 916001383 3. PROJECT TITLE Whatcom County Olympic and Paralympic Security Project PAGE I OF 3 Grant 4. AWARD NUMBER: 2010-DD-BX-0659 5. PROJECT PERIOD: FROM 02/01/2010 TO 01/31/2011 BUDGET PERIOD: FROM 02/01/2010 TO 0113112011 6. AWARD DATE 09/07/2010 7. ACTION Initial 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT $ 0 10. AMOUNT OF THIS AWARD $ 60,465 l l. TOTA L A W A RD $ 60,465 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under Department of Justice Appropriations Act, 2010 (Pub. L. No. I I 1-1 17) -15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Laurie Robinson Pete Kremen Assistant Attorney General County Executive 17. SIGNATURE OF APPROVING OFFICIAL 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE \\ _. v AGENCY USE ONLY - 20. ACCOUNTING CLASSIFICATION CODES 1 21. JDIUGT3167 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DI 80 00 00 60465 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 54 WHATCOM COUNTY: Approved as to form: Prosecuting XttomD Approved: Accepted for Whatcom County q,i l o Date Dat� Pete Kremen, Whatcom County Executive Date STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this day of , 20 , before me personally appeared Pete Kremen, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledge to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing. at My commission expires: 55 Department of Justice / Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 2 OF 3 Grant PROJECT NUMBER 2010-DD-BX-0659 AWARD DATE 09/07/2010 SPECIAL CONDITIONS I. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs (OJP) Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan (if recipient is required to submit one pursuant to 28 C.F.R. Section 42.302), that is approved by the Office for Civil Rights, is a violation of its Certified Assurances and may result in suspension or termination of funding, until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations, and further understands and agrees that funds may be withheld, or other related requirements may be imposed, if outstanding audit issues (if any) from OMB Circular A-133 audits (and any other audits of OJP grant funds) are not satisfactorily and promptly addressed, as further described in the current edition of the OJP Financial Guide, Chapter 19. 4. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal, employee, agent, contractor, subgrantee, subcontractor, or other person has either 1) submitted a false claim for grant funds under the False Claims Act; or 2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud, waste, abuse, or misconduct should be reported to the OIG by - mail: Office of the Inspector General U.S. Department of Justice Investigations Division 950 Pennsylvania Avenue, N.W. Room 4706 Washington, DC 20530 e-mail: oig.hotline@usdoj.gov hotline: (contact information in English and Spanish): (800) 869-4499 , or hotline fax: (202) 616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig- 6. Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of any contract or subaward to either the Association of Community Organizations for Reform Now (ACORN) or its subsidiaries, without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high -risk grantee. Cf. 28 C.F.R. parts 66, 70. OJP FORM 4000/2 (REV. 4-88) 56 M Department of Justice fF f Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 3 Grant PROJECT NUMBER 2010-DD-BX-0659 AWARD DATE 09/07/2010 SPEC/AL CONDITIONS 8. In accordance with applicable law, the recipient shall not use these funds for any of the following purposes: 1. land acquisition; 2. construction projects; or 3. security enhancements or security equipment to non-govemmental entities that do not engage in law enforcement, law enforcement support, criminal ,or juvenile justice, or delinquency prevention. 9. Recipient understands and agrees that it must submit quarterly Federal Financial Reports (SF-425) and semi-annual performance reports through GMS (https://grants.ojp.usdoj.gov), and that it must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other requirements, refer to BJA's website. Failure to submit required reports by established deadlines may result in the freezing of grant funds and High Risk designation. 10. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. It. The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO) has approved the budget and budget narrative and a Grant Adjustment Notice (GAN) has been issued to remove this special condition. 12. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has reviewed and approved the Program Narrative portion of the application and has issued a Grant Adjustment Notice (GAN) informing the recipient of the approval. 13. Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. OJP FORM 4000/2 (REV. 4-88) 57 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-350 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Lynne Givler 9/16/10 L • I� r �C �( ID10/ 12/ 10 Fin/Council Division Head: gp O C j 0 5 2010 Dept. Head: Mike McFarlaneUNTY 4.; Y F- f �s -1 +� i L; COUNCIL Prosecutor: 6 Purchasing/Budget: 10,5 Executive: TITLE OF DOCUMENT: Easement (between Whatcom County and Puget Sound Energy, Inc.) ATTACHMENTS: Easement (between Whatcom County and Puget Sound Energy, Inc (3 pages including Exhibit A) and an offer letter from PSE to the County (I page) SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you mustprovide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This easement grants Puget Sound Energy, Inc. a 750 square -foot easement for underground facilities at the north end of Hovander Park and adjacent to Hovander Road. As part of this work, PSE will remove the existing overhead primary line at the site and will underground it. The County will receive $500 for this easement. COMMITTEE ACTION. • COUNCII. 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 Mt. Baker Hwy. Bellingham, WA 98226 CGom 00 0 f 9SHING� MEMORANDUM Michael McFarlane Director RECEIVED SEP 2 S 2010 TO: Pete Kremen, County Executive PETEKREMEN FROM: Michael McFarlane, Director& COUNTY EXECUTIVE ,: RE: Easement Granted by County to Puget Sound Energy at Hovander Homestead Park DATE: September 16, 2010 Enclosed are two (2) originals of the Easement agreement between Puget Sound Energy, Inc. and Whatcom County (Parks & Recreation) for your review and signature. ■ Background and Purpose This easement grants Puget Sound Energy, Inc. a 750 square -foot easement for underground facilities at the north end of Hovander Park and adjacent to Hovander Road. As part of this work, PSE will remove the existing overhead primary line at the site and will underground it. ■ Funding Amount and Source Whatcom County will receive $500 for this easement. The attached offer letter outlines how Puget Sound Energy established that value. ■ Differences from Previous Contract NA Please contact Lynne Givler at extension 32073, if you have any questions or concerns regarding the easement. Encl.: Two Originals of Easement and Offer Letter 59 RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department 1660 Park Lane Burlington, WA 98233 EASEMENT GRANTOR: WHATCOM COUNTY GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: PTN OF GOVT LOT 5, SEC 29, T 39 N, R 2 E, W.M., WHATCOM CO., WA. ASSESSOR'S PROPERTY TAX PARCEL: 390229 190190 0000 For and in consideration of One Dollar ($1.00) and other valuable consideration in hand paid, WHATCOM COUNTY, a Washington Municipal Corporation ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth,.a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in WHATCOM County, Washington: GOVERNMENT LOT 5 IN SECTION 29, TOWNSHIP 39 NORTH, RANGE 2 EASE OF W.M., EXCEPT THAT PORTION PLATTED AS EAST FERNDALE; AND EXCEPT A 75 FOOT STRIP FOR DIKE RIGHT OF WAY; AND EXCEPT THAT PORTION LYING NORTHERLY OF THE SOUTHERLY LINE OF THE RAILROAD RIGHT OF WAY; AND EXCEPT THAT PORTION FOR ROAD AS CONVEYED UNDER AUDITOR'S FILE NO.937620; AND EXCEPT COUNTY ROADS. SITUATE IN WHATCOM COUNTY, STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: A STRIP OF LAND TEN (10) FEET IN WIDTH LOCATED AS NOW CONSTRUCTED, TO BE CONSTRUCTED LYING WITHIN THE ABOVE DESCRIBED PARCEL AND AS GENERALLY SET FORTH IN EXHIBIT "A" AS HERETO ATTACHED AND BY REFERENCE INCORPORATED HEREIN. 1. Purpose. Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. UG Electric RW-071925/ 101052055 NW 29 (39-02) Following the initial construction of all or a portion of its systems, Grantee may construct such additional facilities as it may require for such systems. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. Grantee shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent. 4. Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others. 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five. (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor; provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the, rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of 12010. GRANTOR: WHATCOM COUNTY SIGNATURE County Executive TITLE STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of , 2010, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known or proved by satisfactory evidence to be the person who signed as of WHATCOM COUNTY that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said WHATCOM COUNTY. GIVEN UNDER my hand and official seal hereto affixed the day and year in this certificate first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in Washington, residing at _ My Appointment Expires: Notary seal, text and all notations must be inside 1" margin and for the State of 61 AS-CONSTRUCTED "Exhlb-It A" NOT TO �Ut F- 55' UOIATIVOLLM Lblwftle The energy to do great things September 2, 2010 PUGET SOUND ENERGY pse.com Ms. Lynne Givler C/O Whatcom County Parks and Recreation Department 3373 Mount Baker Highway Bellingham, WA 98226-9522 File# 071925 Re: TP# 390229 190190 0000 — PSE requesting underground easement for overhead to underground conversion of existing overhead primary line across parcel (10 x 55 feet) and 200 square foot strip of land (10 x 20 feet) for an underground vista switch and underground junction box. Dear Lynne, First I would like to apologize for taking so long to get this offer to you. I have had to work on other projects that came before this one. Now, finally, I can devote my full attention to this project. Thank you so much for your understanding and patience. I have done a valuation for the proposed easement area on Whatcom County Park property located at 5299 Nielsen Ave. in Ferndale as discussed at our on -site meeting August 2, 2010. Please refer to attached exhibit "A" for details of said easement area. Recent comparable sales nearby show land (10 acres or more) valued at 34 cents per square foot. The total square footage for the proposed easement is 750 square feet. Fee value for that area is less than the $500.00 minimum PSE pays for acquired easements. Therefore, our offer to you for the proposed easement is $500.00. If you wish to have our offer evaluated, Washington State law provides for reimbursement from PSE to the property owner up to $750 for expenditures actually and reasonably incurred. Just send me the Appraiser's bill and I will issue them a check for up to $750.00. If you choose to accept our offer please have the designated signatory for Whatcom County Parks and Recreation Department sign the enclosed document in front of a notary and return to me for further processing. Once I receive that document I will contact our accounting department and have them send you a check for $500.00. If you have any questions please call me. Thank you, in advance for your immediate attention to this matter. Sincerely, Jane Major Puget Sound Energy Real Estate Representative Fax 360-766-5503 1660 Park Lane Burlington, WA 98233 jane.major@pse.com 63 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-351 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: TWH 9130/10 10112110 Finance Originator: j[D�F17 LE (�/ Council Division Head: OCT 0 5 2010 Dept. Head. WHTCOM COUNTY Prosecutor: K- �{ l(� COUNCIL Purchasing/Budget: B� jv �n1, "yam t v Executive: TITLE OF DOCUMENT. Request authorization for the Executive to enter into a contract agreement with Fire District 5 to support a portion of the costs associated with paramedic training as authorized through the EMS Plan and supplemental budget #11 of the 2010 budget. ATTACHMENTS. Contract and Memo SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) Requested Date: NO 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.) Request authorization for the Executive to enter into a contractual agreement with Fire District 45 to support the cost of paramedic training. 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 CONTRACT INFORMATION SHEET Whatcom County Contract No. Originating Department: Executive Contract Administrator: Dewey Desler Contractor's / Agency Name: Whatcom County Fire District No. 5 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 T No X If yes, grantor agency contract number(s) CFDA number Is this contract grant funded? Yes T 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 If a Professional Services Agreement is more than $15, 000 or a Bid is amt and any prior amendments) more than $35, 000, please submit an Agenda Bill for Council $ 50,000 approval and a supporting memo. Any amendment that provides This Amendment Amount: either a 10% increase in amount or more than $10, 000, whichever is $ greater, must also go to Council and will need an agenda bill and supporting memo. If less than these thresholds, just submit to Total Amended Amount: $ Executive with supporting memo for approval. Scope of Services Funding for the support of paramedic training for Fire District 5. Term of Contract Expiration Date:December 31, 2011 Contract Routing Steps & Signoff. [sign or initial] [indicate date transmitted] 1. Prepared by: TWH Date_ [electronic] 2. Attorney reviewed: Date [electronic] 3. AS Finance reviewed: BBennett Date_6/21/10 [electronic] 4. IT reviewed if IT related Date _ [electronic] 5. Corrections made: Date [electronic] hard copy printed 10 11 12 13 14 Attorney signoff: Contractor signed: Submitted to Exec Office Reviewed by DCA Council approved (if necessary) Executive signed: Contractor Original Returned to dept; County Original to Council Date Date Date [summary via electronic; hardcopies] Date Date Date Date Date this form may need to expand to more than one page 65 WHATCOM COUNTY CO Executive Office �GpM 311 Grand Avenue - Bellingham, WA 98225 (360) 676-6717Q_:...'' SNINC►� MEMORANDUM TO: Pete Kremen, County Executive FROM: Dewey Desler, Deputy Administrator RE: Point Roberts Fire District #5 Paramedic Training DATE: October 1, 2010 Enclosed are two (2) originals of Contract for Services Agreement between Whatcom County and Fire District #5 for your review and signature. Pete Kremen, County Executive Dewey Desler, Deputy Administrator ■ Background and Purpose Due to geographic location and border issues, AILS response in Pt. Roberts has been problematic. Pt. Roberts needs a local AILS response capacity. The fire chief of Whatcom Fire District Number 5 has stepped forward and is willing to become a paramedic in order to provide that response capacity for his district. Paramedic training is unavailable in Whatcom County. Harborview Medical Center has offered the fire chief a partial scholarship which is available this year (2010). Fire District 5 needs additional funding from the Countywide Emergency Medical Service Fund in order to take advantage of this opportunity. ■ Funding Amount and Source Council approved this funding request of $50,000 at the June 8, 2010 Council meeting through Supplemental Budget Request #11. Funding will be paid out of the Countywide Emergency Medical Service Fund. ■ Differences from Previous Contract N/A. Please contact Dewey Desler at extension 50120, if you have any questions or concerns regarding the terms of this agreement. Encl. INTERLOCAL COOPERATION AGREEMENT BETWEEN FIRE PROTECTION DISTRICT 5 AND WHATCOM COUNTY FOR THE PROVISION OF A PORTION OF PARAMEDIC TRAINING COSTS This "Agreement" is entered into between the COUNTY OF WHATCOM, a county of the State of Washington, (hereinafter referred to as the "County") and WHATCOM COUNTY FIRE PROTECTION DISTRICT 5, a municipal corporation of the State of Washington, (hereinafter referred to as the "District") in accordance with the provisions of RCW 39.34. In instances where the District and County will act jointly, they will hereinafter be referred to as the "parties." WHEREAS, over the past thirty years, Whatcom County and the City of Bellingham have jointly funded and operated the Medic One Program, a fire based paramedic ambulance transport service which provided advanced life support ("ALS") and, to the extent available, basic life support ambulance transport to the citizens of Whatcom County ("Whatcom Medic One Program"). Whatcom Medic One Program has been managed by the Bellingham Fire Department and now consists of four (4) firefighter/paramedic staffed advanced life support ambulances and one supervisor chase car staffed with firefighter/paramedics from the City of Bellingham; and WHEREAS, over the past thirty (30) years, the Whatcom Medic One Program has been funded with contributions from Whatcom County, contributions from the City of Bellingham and user fees; and WHEREAS, over the years, the Whatcom County fire districts and cities have funded and provided first responder emergency medical services and more recently, basic life services and transport. These services have operated in coordination with the Whatcom Medic One Program and together comprised Whatcom County Emergency Medical Services; and WHEREAS, in 2005 it was determined that the demands on Whatcom County Emergency Medical Services were exceeding its limited funding structure. In response to the increasing demands on the system, Whatcom County, the City of Bellingham, the other Whatcom County cities and the Whatcom County fire districts, including Fire Protection District 5, developed an emergency medical services plan (the "EMS Plan") to address the continued expansion of the service needs for Whatcom County Emergency Medical Services. The EMS Plan is attached hereto as Exhibit "A". The EMS Plan provided a comprehensive emergency medical services plan for the period 2007 — 2012, including the commitment of fire districts and municipalities to provide ambulance transport services as their resources allow; and WHEREAS, in November, 2005, in part, based upon the EMS Plan, Whatcom County voters approved a ballot proposition authorizing the County to collect one tenth (1/10"') of one percent (1%) sales tax for the purposes of supporting countywide emergency medical and criminal justice services, and 67 WHEREAS, the District and the County have committed to the implementation of the adopted EMS Plan; and WHEREAS, Whatcom County and the District desire to initiate the training of one (1) paramedic candidate, identified from within the District; and WHEREAS, District 5 serves the uniquely located Point Roberts area. Because of the location of Point Roberts Medic One has given a number of concessions to District 5 including the allowance of ALS and BLS transports; and WHEREAS, District 5 intends to acquire paramedic certification to develop and deploy ALS transport in a highly coordinated and efficient manner with the Whatcom County Medic One Program; and WHEREAS, the parties desire that County EMS Fund revenues be available to partially fund the cost of employee wages to backfill the position while the paramedic candidate is in paramedic training that is scheduled to begin October 1, 2010; and WHEREAS, the parties desire to clarify and confirm the use of the revenues raised by the EMS sales tax described herein, as well as related EMS fees and charges, so that decision - makers and the public can be fully informed as to the expenditures of revenues for EMS. NOW, THEREFORE, the parties hereby agree as follows: I. INTENT A. Whatcom County with financial resources from the County EMS Fund will support the District initiating the necessary paramedic training of one (1) District firefighter in Seattle at University of Washington Harborview Medical Center. The training will prepare for the deployment of paramedic certified ALS transport B. The parties will provide for a portion of the backfill wages for 1 firefighter identified by the District. 1) Training costs to be reimbursed by the County include: ■ A portion of wages for one (1) entry level firefighter ■ Wages, benefits and supplies for the one (1) paramedic training ■ Student housing, parking, internet, utility and travel reimbursement costs ■ Medical Insurance 2) Training costs to be paid by King County Medic One Foundation include: ■ Instructional training for 1 paramedic trainee costing $110,000. will be provided by King County Medic One Foundation 2 C. The parties recognize the advantages to be gained and the services to be provided to the citizens from the timely paramedic training necessary for the expansion of Medic One. D. Upon completion of the paramedic training new paramedics will be certified to perform paramedic services in Whatcom County. II. CONTRACTUAL PAYMENT A. The parties agree that the District will bill the County on a monthly basis for a portion of the costs of the backfill wages for the paramedic training candidate's position while in training. The District will only bill for allowable paramedic training reimbursement charges limited to a maximum payment under this Agreement as follows: Total reimbursement for all one (1) paramedic training costs will not exceed: $50,000. B. The District will submit to the Whatcom County Executive an invoice and supporting documentation to prove expenses incurred. Unless specifically stated above or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the District for any costs or expenses incurred by the District in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the District, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth above. III. TERM A. This Agreement shall be effective immediately upon execution by both parties, and shall continue through and including August 30, 2011. Costs incurred by the District prior to or after the term of this contract shall be the responsibility of the District and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. B. The parties covenant to work cooperatively and in good faith under the terms and conditions expressed herein for the full term of the Agreement. The parties covenant to work cooperatively and in good faith under the terms and conditions expressed herein after one party has given the other party written notice of termination. C. This Agreement may only be terminated upon the mutual agreement of the parties or upon written notice of termination as set forth above or as otherwise provided herein. IV. ADMINISTRATION OF CONTRACT A. This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The 3 We District also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. B. The County hereby appoints, and the District hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The County's Administrative Officer for purposes of this agreement is Dewey Desler, Deputy Administrator. C. The District hereby appoints, and the County hereby accepts, the Fire District 5 Board Chair, and his or her designee, as the District's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the District's right to receive and act on all reports and documents, and any auditing performed by the District related to this Agreement. The District's Administrative Officer for purposes of this agreement is Bill Meursing, Fire Commissioner. V. NOTICES A. Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by each party to the other party's respective Administrative Officer under this Agreement. All notices, demands, requests, consents and approvals shall be in writing to: Dewey Desler, Deputy Administrator Bill Meursing, Fire Commissioner Whatcom County Whatcom County Fire District 5 311 Grand Avenue, Suite 108 2030 Benson Road Bellingham, WA 98225 Point Roberts, WA 98281 VI. ACCOUNTING/AUDIT/PAYMENTS/RECORDING A. The District shall be responsible for keeping an ongoing accounting of the expenses incurred by virtue of the paramedic training program. B. The District shall make records available for inspection, review, or audit during business hours at the Fire District or other mutually acceptable location. The District agrees to provide such information as requested by the County's designee within a reasonable period of time. VII. INSURANCE A. Proof of Insurance: Each party shall carry for the duration of this Agreement general liability and property damage insurance with the following minimums naming the other party as an "additional insured" under those policies: 4 70 Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00 B. Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the District expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the District. This waiver is mutually negotiated by the parties to this agreement. VIII. DEFENSE AND INDEMNITY AGREEMENT A. To the extent permitted by law, each party agrees to defend, indemnify and save harmless the other party, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all claims and demands upon that party, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of that party, its subcontractors, its successor or assigns, or its agents, servants, or employees, the party, its appointed or elected officers, employees or their agents in proportion and to the extent the to the negligence of that party, its subcontractors, its successor or assigns, or its agents, servants, or employees causes the loss or damage. B. It is further provided that no liability shall attach to either party by reason of entering into this contract, except as expressly provided herein. IX. DISPUTES A. Differences between the District and the County, arising under and by virtue of the Agreement Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. B. Notice of Potential Claims: The District shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the District has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the District believes additional compensation or extension of time is due, the nature of the cost 71 involved, and insofar as possible, the amount of the potential claim. District shall keep full and complete daily records of the work performed and all costs claimed to be additional. C. Detailed Claim: The District shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the District has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. D. Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. X. TERMINATION FOR PUBLIC CONVENIENCE A. Upon ten (10) days written notice, either party may terminate the Agreement in whole or in part whenever that party determines, in its sole discretion that such termination is in the interests. Whenever the Agreement is terminated in accordance with this paragraph, the District shall be entitled to payment for actual costs incurred up to the termination date and costs that it cannot reasonably avoid in the future which were to be paid by the County. Termination of this Agreement by either party at any time during the term, whether for default or convenience, shall not constitute breach of contract by either party. X1. CONFLICT OF INTEREST A. If at any time prior to commencement of, or during the term of this Agreement, if either party or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the other party's interest, then that party shall immediately notify the other party of the same. The notification shall be made with sufficient specificity to enable an informed judgment to be made as to whether or not the other party's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, either party may require the other to take reasonable steps to remove the conflict of interest. Either party may also terminate this contract according to the provisions herein for termination. XII. RELATIONS A. The parties hereto recognize and agree that they are independent governmental entities. Except as expressly provided for herein, nothing in this Agreement shall be construed to limit the discretion of the governing bodies of each party. 0 72 B. Neither party shall assume any liability for the direct payment of any salary, wages or other compensation of any type to any of the other party's personnel performing services hereunder. No agent, employee or other representative of the parties shall be deemed to be an employee of the other party for any reason. C. This Agreement shall not be construed or interpreted such that either party hereto is held to be an agent of the other party. XIII. NON-DISCRIMINATION IN EMPLOYMENT A. The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, sexual orientation, disability, or veteran status. The District shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. B. Furthermore, in those cases in which the District is governed by such laws, the District shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the District shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. XIV. MISCELLANEOUS PROVISIONS A. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, that holding shall not affect or impair, in any manner, the validity, legality or enforceability of the remainder of this Agreement. B. No failure by any of the parties to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement, or to exercise any right or remedy for a breach thereof, shall constitute a waiver of any such breach or any other covenant, agreement, term or condition. Any party hereto, by notice, may, but shall be under no obligation to, waive any of its rights or any conditions to its obligations hereunder, or any duty, obligation or covenants of any other party hereto. No waiver shall affect or alter this Agreement, and each and every covenant, agreement, term and condition of this Agreement shall continue in full force and effect with respect to any other then existing or subsequent breach thereof. 7 73 C. Each of the provisions of this Agreement has been reviewed and negotiated, and represents the combined work product of all parties hereto. No presumption or other rules of construction which would interpret the provisions of this Agreement in favor of, or against, the party preparing the same shall be applicable in connection with the construction or interpretation of any of the provisions of this Agreement. D. Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. E. The performance of all activities contemplated by this agreement to be performed by the District shall be accomplished by the District. No portion of this agreement may be assigned or subcontracted, except as is provided for in this contract, to any other individual, firm or entity without the express and prior written approval of the County. F. The performance of all or part of this contract by the District employees shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the District or any employee of the District or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. as to form: ivil -Prdsecuting'Attorney Executed this day of , 2010 for WHATCOM COUNTY. Pete Kremen, County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of 2010, 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 8 74 Executed this 761 day of S-P I� , 2010 for FI DISTRICT 5. Bill NAsing, Board Chair STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this.2� day of &A 2010, 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 ands aling thereof J�`�" 9 1`� NOTARY PUBLIC in and for the State 1%SSOO,ji��A;9�(o Washington, residing at % MN It 0 T%' ;2 = My commission expires 06 4Oir - 21)/2 9:•� '�GBLIC '.�E' ��8► 20'�2 p WA Attest: Board Secretary Departmental Approval: Department Head Approved as to form: Fire District Attorney 75 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-354 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: FA �' Il V E D 10112110 Committee of the Whole JH Division Head: OU 1 0 5 2010 FA 1/3 Dept. Head: WFIXFCOM COUNTY COUNCIL Prosecutor: � 9�3n/1 BB Purchasing/Budget: Executive: TITLE OF DOCUMENT: Ferry Fare Discussion ATTACHMENTS: 1. Memo 2. Rate analysis and other supporting documents SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Public Works Department requests direction related to Ferry fares. The administrative actions necessary for a change in fares will require approximately 60 days for printing, processing transition, etc. 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 76 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART DIRECTOR MEMORANDUM FERRY DIVISION CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 676-6876 FAX: (360) 738-4561 wwww w.hatcdmcounty. us To: The Honorable Pete Kremen, Whatcom County Executive And The Honorable Members of the County Council From: FrankM. Abart, Director Subject Decision Information - Ferry Fare Discussion Date: September 29, 2010 RECEIVED OCT 1— 2010 PETS-KREMEN COUNTY EXECUTIVE This correspondence outlines the basic information necessary for discussion related to the current Ferry Fare status. The Department is attempting to provide a series of options. The options are not all inclusive and are intended to initiate discussion on the issue. Ferry fares can only be determined by the County Council. Requested Action The Public Works Department respectfully requests that a decision be made regarding an increase in Ferry fares. The Department needs direction for new rates and effective dates. The administrative actions necessary for a change in fares will require approximately60 days for printing, processing, transition, etc. Background and Purpose The documents contained with this correspondence support the need for increased revenue to meet two previously established Council goals. The first goal is to achieve fare revenue that reflects at least 55% of the operating costs of the Ferry System. The second goal is to recover expenditures in the Ferry Fund so that the Fund can function as the "operating" cash reserve for the Ferry System. With these goals established and the desire to limit the frequency of fare changes to once every two years, the initial revenue target from Ferry fares has been established at 1530 000. The target does NOT include additional payment to the Lummi Nation above the $200,000 threshold. The actual fare revenue from 2009 was $1,145,978 and the projected fare revenue in 2010 is $1,000,000. The supporting information provides several options and projections for Council consideration. The options include changes in customer habit based upon previous experience. Thank you for your support and consideration related to this issue. 77 FERRY FARES RATE ANALYSIS Per WC Ordinance 2008-017, 10.34.030 (attached): ■ The fare box recovery rate is 55% of operating expenditures. Interest income or income from state NIFVT for ferry operations (ferry deficit funding) will be deducted from the actual operating costs before the 55% fare box recovery rate is calculated. ■ In any year the actual fare box recovery rate is below 55% the difference is to be recovered in a future ferry user fee increase unless there is adequate excess user fee revenue remaining in the ferry system fund collected during prior years. Resulting fare box revenue targets: Between January 1, 2006 and December 31, 2010 there is a projected cumulative deficiency in the Ferry Fund of $932,137 (chart attached). Assuming a six -year recovery period, approximately $155,000 of additional fare box revenue is needed each year (after meeting the 55% requirement). Targeted Fare Box Revenue for 2011 (includes $155,000 deficit recapture): $1,500,338 Targeted Fare Box Revenue for 2012 (includes $155,000 deficit recapture): $1,527,358 Assumptions: A. Gooseberry Pt. Tidelands/Uplands lease ■ $205,400 included in 2011 expenditure budget ■ $210,946 included in 2012 expenditure budget B. Gooseberry Pt. Parking lease $18,100 included in 2011 expenditure budget $20,100 included in 2012 expenditure budget. Lease expires April, 2012. The 2012 budgeted amount assumes a small increase. C. Ridership elasticity (attached): Historically, rate changes have resulted in both ■ decrease in number of tickets/passes sold ■ change from single trip tickets to multi -trip passes to take advantage of discounts -1- Other Considerations: This discussion includes operating expenditures only -(all capital expenditures from Road Fund). Comparative fare box revenue targets: ■ Whatcom County — 55% of operating expenditures goal ■ Skagit County — 65% of operating expenditures ■ Pierce County — 74% of operating.expenditures Year-to-date revenue from fares (as of 9/30) is $125,000 less than 2009 year-to-date fares revenue. This discussion does not address the level of service. Incremental reduction of service would result in incremental decreases in labor and fuel expenditures. This discussion does not address potential ferry district revenue. The County Council has the ability per RCW 36.54.110 to establish a ferry district. The 2010 assessed valuation for Lummi Island is $266,270,721. At the maximum assessment of $0.75 per $1,000 assessed valuation (RCW 36.54.130), annual potential revenue from a Lummi Island ferry district would be $198,203. Several proposed ferry fare scenarios are attached for consideration. Some of these do not achieve fare box revenue targets per this analysis. —2- 79 SPONSORED BY: Weimer PROPOSED BY: Public .Works INTRODUCTION DATE: March 25, 2008 ORDINANCE NO. 2008r-017 AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES AND CORRESPONDING WHATCOM COUNTY 2008 UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code discusses administration of ferry rates and an interpretation of the rate schedule included In the Whatcom County Unified Fee Schedule; and WHEREAS, ferry rates are set forth in the Unified Fee Schedule; and WHEREAS, it is necessary to amend the rates charged to users of the ferry; and WHEREAS, the current ferry rate schedule has successfully provided the incentive to significantly increase the number of ferry users purchasing the more labor efficient multiride tickets; and WHEREAS, the Whatcom County Council desires to decrease ferry congestion during the peak summer months, and WHEREAS, the Whatcom County Council supports keeping ferry rates affordable for the permanent residents of Lummi Island by providing surcharges during the peak summer months when casual and seasonal ferry use increases, and WHEREAS, the Whatcom County Council believes it is necessary to clarify which ferry operating revenue components are used to determine the fare box recovery rate, and WHEREAS, in order for the user fees to be amended as requested on Exhibit B, it is necessary to amend Chapter 10.34 of the Whatcom County Code as shown on Exhibit A; NOW THEREFORE BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.34 is hereby. amended as shown in Exhibit A to this ordinance, and BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set for in the attached Exhibit B to this ordinance, and BE IT FURTHER ORDAINED that the amended fares set forth in Exhibit B shall be effective 3unsV'J?•O(t& day of April , 2008 TY COUNCIL TY, WASHINGTON Date: —3— :1 EXHIBIT A Chapter 10.340FERRY RA'rES Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to,the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the Motor Vehicle Fuel Tax meant for, ferry operations, or from interest. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2007-001 Exh. A; Ord. 2005- 090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees.are set forth in the Whatcom County Unified Fee Schedule and become effective as set forth in the ordinance adopting or amending such schedule. (Ord. 2007-001 Exh, A; Ord, 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord, 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. ""' B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multiride cards shall be sold to full-time students only. Proof of age and enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate may be applied to children under 12 and children 12 to 18 years of age. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. All county employee trips exempt from fares will be tracked, and $10.00 per trip will be credited toward the fare box recovery rate each year. J. Enrolled members of the Lurnmi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lurnmi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. K. A special needs based discount is provided for Lurnmi Island residents who meet the income levels listed below. These special tickets will only be sold at the Whatcom County treasurer's office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County treasurer's office. 1. Family of four or more with less than $40,000 total annual income; 2. Family of three with less than $30,000 total annual income; 3. Family of 2 with less than $20,000 total annual income; 4. Individual with less than $10,000 total annual income. L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18- 020, and as these may be hereafter amended. Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program. -5- 82 M. Multiride cards at previous rates shall not be valid after the date that rates change. Credit for any unused portion of multiride cards will be given toward the purchase of a new card for 90 days from the date of rate change and will be available through the Public Works Administration offices (not on board the Whatcom Chief) N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. O. A surcharge on single round. trip cash vehicle and pedestrian/passenger fares will be charged during the months of June, July, and August. (Ord. 2007- 001 Exh. A; Ord, 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward. An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating, costs, In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. Beginning January 1, 2007 any interest income or income from the state Motor Vehicle Fuel Tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated. (Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064). I N 4. 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C 0 a C 0 r � •CL r ~ a� IL � co 7 N a q) a L O 0 0 N 00 N p p O O N O O Op 0 0 0 O O M_ o 0 p O O O O CD O O O 0 L6 O O C0 O � CD O � O O O O O O to O O In O0 O to N O O 6p9 CD O 6 O O U) 't CD O N r 64 CD O LO 6N9 O O w to Z& a) co O L p ` O 69 0 O N co 3 Q C :3 { Q% 7 ui �i No n n n_N a (Q v > g a _No o O g oa o a a n u) o o o oOo N N Cl) Cl) LO � N •� Ei i . i . 7 U U O O O O O O O O O N NNN M M N•p c0 O 00 c) U� >>i > > > i > > O m M CM N U) mo m 3 3 3 3 3 3 3 3 3 `r° 'o o ►- a .O N N aLi a 0Li aLi aLi aLi aLi N c`a N > 1- a z cn ` > > > > > L j d W cn W � O O N ,N co CO ���LO � o oU�' L0 W) a LO co oo ai o N c+i v ui co o6 of r r N N N N N N N N N N 85 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008-375 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Frank n E D �] 10/21/08 IritrOduCtiOn Division Head: O C T 14 2008 11/25/08 Hearing'-� Dept. Head: Frank Abart UVHATCOM COUNTY COUNCIL U Prosecutor: Dan Gi -og Purchasing/Budgel: f Q !D o8 Pete �Z Executive: Kremen /1 �4/0 TITLE OF DOCUMENT: Ordinance amending WCC 10.34, Ferry Rates and Unified Fee Schedule ATTACHMENTS: Ordinance and Exhibits A & B SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STA TEMENT OR LEGAL NOTICE LANGUAGE. This ordinance amends Whatcom County Code 10.34 and the corresponding Whatcom County Unified Fee Schedule to delete and eliminate the summer surcharge (paragraph O) and increases single ride fares to the higher rate year round. Additionally due to customer requests we have added the Motorcycle 25 round trip multiride card back into the Unified Fee Schedule. It receives the same 20% discount that the Vehicle W/Driver 25 round trip multiride card currently receives (LiFS # 5053PC). We have also added Resident School children 12-18 yrs July 1 thru August 31 multiride ticket (UFS # 5048) back into the Unified Fee Schedule as it was inadvertently omitted on the last ordinance. Lastly both the Bicycle W/Rider and Motorcycle W/Driver single ride fares were each increased by $1.00. The Bicycle W/Rider fare was increased so it would be the same price as the passenger/pedestrian (UFS # 5052) and the Motorcycle W/Driver was increased so that it will now be both $1.00 more than passenger/pedestrian and bicycle AND one half the fare of a Vehicle W/Driver (UFS # 5053). COMMITTEEACTION: COUNCIL ACTION: 10/21/2008: Introduced 11/25/2008: Council Adopted 6-1 Brenner opposed Ord. 2008-052 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord. 2008-052 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.usleouncit 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 SPONSORED BY: Frank Abart PROPOSED BY: Public Works INTRODUCTION DATE: 10/21/08 ORDINANCE NO. 2008-052 AMENDING WHATCOM COUNTY CODE CHAPTER 10.34 FERRY RATES AND CORRESPONDING WHATCOM COUNTY 2009 UNIFIED FEE SCHEDULE WHEREAS, Chapter 10.34 of the Whatcom County Code discusses administration of ferry rates and an interpretation of the rate schedule included In the Whatcom County Unified Fee Schedule,; and WHEREAS, ferry rates are set forth in the Unified Fee Schedule; and WHEREAS, the current ferry rate schedule has successfully provided the incentive to significantly increase the number of ferry users purchasing the more labor efficient multiride tickets; and WHEREAS, it is necessary to delete and remove the summer surcharge (paragraph O) and increase the single ride fares year round, and WHEREAS, in order for the user fees to be amended as requested on Exhibit B, it is necessaryto amend Chapter 10.34 of the Whatcom County Code as shown on Exhibit A (modifying paragraph O); NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 10.34 is hereby amended as shown in Exhibit A to this. ordinance, and BE IT FURTHER ORDAINED that the Unified Fee Schedule be amended as set forth In the attached Exhibit B to this ordinance, and u�x� g�0 ,RTHER ORDAINED that the amended fares set forth in Exhibit B shall be effective Jan% HAT•'• !li O •oqktOPRIR�ttsQLfLp day of November, 200 8 . CU COUNTY WHATCOM COUNTY COUNCIL = AT •EST: = WHATCOM COUNTY, WASHINGTON 9 T F Dana BrWn.avis, o the cil Carl Weimer, Council Chair 011111111j ```` WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor ;\-77 COLINTY WASHINGTON I Pete Kremen, C unty Executive ( ) Approved ( ) Denied Date,Signed: /Z— 9--o � Page 1 Q[i ole EM Chapter 10.34 FERRY RATES' Sections: 10.34.005 Definitions. 10.34.010 Effective date for ferry user fees. 10.34.020 Interpretation of rate schedule. 10.34.030 Use of ferry user fee revenues. 10.34.005 Definitions. A. "Ferry system" means all physical elements of the Lummi Island ferry operations, including both the Gooseberry Point and Lummi Island vehicle and pedestrian staging areas, vehicle parking areas, and ferry docks, and any and all boats utilized for transport purposes. B. "Operating cost" means all actual daily running expenses and all actual regular and routine maintenance and administrative expenses associated with the use and operation of all physical elements of the ferry system. C. "Capital cost" means all capital expenditures, including financing and depreciation expenses applied to the replacement, expansion, or creation of ferry system physical elements. D. "Fare box recovery rate" means the calculated percentage of total revenue generated through ferry user fees in comparison to total actual operating costs for the same period of time minus any revenue from the motor vehicle fuel tax meant for ferry operations, or from interest. E. "Ferry user fees" means the rates and charges required of and collected from any and all users of the ferry system, as established and periodically amended in the Unified Fee Schedule. F. "Rate schedule" means the combination of ferry user fees and operational policies affecting the use of the ferry system. (Ord. 2008-017 Exh. A; Ord. 2007- 001 Exh. A; Ord. 2005-090 Exh. A). 10.34.010 Effective date for ferry user fees. Ferry user fees are set forth in the Whatcom County Unified Fee Schedule and become effective as set forth in the ordinance adopting or amending such -11- 88 schedule. (Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064; Ord. 93-080 Exh. Q). 10.34.020 Interpretation of rate schedule. The following provisions should be observed in application of the ferry rate schedule: A. Trailers shall include, but not be limited to, ball hitches, military hitches, fifth wheel in bed of pickup, dump trailers, recreation trailers and mobile homes. B. Special trips are a surcharge in addition to the applicable fare. C. A weekly run limited to fuel trucks, charged at the regular rate, shall be scheduled by the public works department and published appropriately. D. Trucks and tow vehicles with trailers shall be charged a rate based on length and weight. Heavy machinery and motor homes shall be charged at the corresponding vehicle rate. E. All trucks shall be charged regular round-trip rates based on legal license capacity. F. Over -width vehicles or trailers occupying more than one lane shall be charged a 50 percent surcharge. In addition, vehicles towing over -width trailers shall also be charged a 50 percent surcharge. G. Student multi -ride cards shall be sold to full-time students only. Proof of age and enrollment shall be required at time of purchase. No special student discount is available for drivers of vehicles. H. A special rate may be applied to children under 12 and children 12 to 18 years of age. No special child discount is available for drivers of vehicles. I. County employees on official county business shall be exempt from fares. All county employee trips exempt from fares will be tracked, and $10.00 per trip will be credited toward the fare box recovery rate each year. J. Enrolled members of the Lummi Indian Tribe who are issued appropriate identification cards by the tribe, or current fishing cards, licenses, or Lummi Indian Business Council ID cards and who have legitimate tribal business upon Lummi Island, as indicated by the Lummi Indian Tribe, shall have free foot passage upon and across the ferry operated by Whatcom County between Gooseberry Point and Lummi Island. -12- K. A special -needs -based discount is provided for Lummi Island residents who. meet the income levels listed below. -these special tickets will only be sold at the Whatcom County treasurer's office in Bellingham and will require proof of income and family size. Eligibility will be reviewed at least annually. Forms and procedures will be developed by the Whatcom County treasurer's office. 1. Family of four or more with less than $40,000 total annual income; 2. Family of three with less than $30,000 total annual income; 3. Family of two with less than $20,000 total annual income; 4. Individual with less than $10,000 total annual income. L. Eligibility for a special "senior/disabled" discount is available to all Lummi Island residents who currently hold property tax exemptions or deferral as defined under RCW 84.36.381 and 84.38.030 and WAC 458-16-020 and 458-18- 020, and as these may be hereafter amended. Eligibility for a special "senior/disabled" discount is also available to all Lummi Island residents that also qualify for medical assistance within the Medicaid Program. M. Multi -ride cards at previous rates shall not be valid after the date that rates change. Credit for any unused portion of multi -ride cards will be given toward the purchase of a new card for 90 days from the date of rate change and will be available through the public works administration offices (not on board the Whatcom Chief). N. All children under the age of 12 years when traveling on the Whatcom County ferry must be accompanied by an adult. An exception to this policy will be made only if the adult parent or guardian signs a waiver exempting Whatcom County from all liabilities for any and all injuries, loss of life, etc., while the child is traveling on the ferry. MI -pill" .0111 u . - ! 10.34.030 Use of ferry user fee revenues. Beginning January 1, 2006, a 55 percent fare box recovery rate shall be applied and evaluated continuously from that time forward, An annual review of ferry system services, actual and projected operating costs, and actual and projected revenue from ferry user fees shall occur in order to verify the 55 percent fare box recovery rate is being achieved. -13- In any given year the actual fare box recovery rate exceeds 55 percent, the excess revenue shall be retained in the ferry system fund and applied only to future operating costs. In any given year the actual fare box recovery rate is below 55 percent, the difference shall be recovered in a future ferry user fee increase unless there is adequate excess ferry user fee revenue remaining in the ferry system fund collected during prior years. Beginning January 1, 2007, any interest income or income from the state motor vehicle fuel tax for ferry operation will be deducted from the actual operating costs before the actual 55 percent fare box recovery rate is calculated. (Ord. 2008-017 Exh. A; Ord. 2007-001 Exh. A; Ord. 2005-090 Exh. A; Ord. 2002-012; Ord. 2001-064). Prior legislation: Ord. 89-103. -14- 91 ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ o ❑ ❑ ❑ n n n n n n n n n n n n n n 0 0 co 0 m r 0 0 0 0 0 0 0 0 m 0 0 0 yam, ab 0 0 0 co ao o a ao o ab a ao a w o c6 a o ao 0 ab 0 ao 0 C C,a N N a N o a N Nyy o Nyy a N a N o N a N o N 0 Nyy 0 N 0 N U U U V U U V U V U V U U U C N C N C N C C 10 l0 C N C l0 C N C l0 C l0 C l0 C f0 C l9 C f0 C C C C C C C C 'v C C C C C C E E E E E E v E 'L E v E E O O O O O O O O O O O O O O N d Qf C M M M M �Li c`� (ii (ii• q 'ii Ci C 'N C _o c U _o U a U _o a P U U a U a U _o U _o U 0 P U _o U a c U c U C;L U �p a U U U U U U U U U U U U U U d LL C d E c C. 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Efi 64 09, Efi Efi b9 FA dq W, M EA 69 L U U � i C N 'C Y •C NRu y _OD co YI LL D c _ N N L O m c 0 rnE w L o 0 c -o -o c 0 0 c L m > c co0 O °�° O °�° C p n n N tOtM U M U j m� LL �_ > Q v oti Oo Oo�• L1•• o c o rn cO �- O o L \ L L L Ql W W 7 0 N •L •L •L p a O o 47 Z.: U �Q co = L N LL a C:c , , L ., c m Q rn F-• = > U U L > > > ° z a E > L o U N aicn N m o� o•- m m 0> j CD U o m 63 m s U a) a) a`ni Ww a0i z d 2 > >>4.0 w d m N M Cl) It O OLO O O O cc pm O O CD O O C)X d � �� ���(LLn W d r c� vi v L6 cri r; ao ai o r �i r -15- 92 ❑ El o o El ❑ ❑ c rr rr rr rr rr rr r 0 0 a 0 0 C,o a < 00 a 0 co 0 000 a a c N N C O C C C C C C 1 Q C C C C C C I V V V 'C7 'C 'C i O O O O O 0 C C O sf A. v � V N Cii CCn Cii C o '0 O O O O O C7 C ' Ul a) a) LL r G d E C CC CL aQiCLa ° a a c to �N C "p C "p C 'a "C m 7 C 7 C 7 C c N of O of O of O C m 0 O 0 � d O O O O OD O C C �. CO O c Q% Z CM Ncli N (fl a 0) c E cop 04 di d3 d3 En d C Q C R C)O O 0 0 0 C) 0 Oq. C 0 c Q: �oC 7 Go C)0 (60 N O ( C)r U o M N V T N d3 fj 63 613 di 613 d C� (� S] vi c So S cn C)O 00 O C a) O 0 C)C O C LL > O m (O cY) u) o N u 'C N 1 1 4) Y O I1 O _ O O C pp 0 0 C) C) CO C L C CO NC NC lM C > > a N > > O aco )-a Q Q �_ Q 0 C N c f0 S ` = U. m 6 CD 1 .: _N m m m a) a) c U) v o0 0 n a c m COA p °)) aa) d) a) a) a) a) 0 ZCn > > > > > > � G U) ` O O C)O O O C -C ,p In J Cn LO Cn Cn Lr) u X W to (p O O N C a .- N N C ❑ ❑ ❑ ❑ ❑ ❑ rr rr rr rr rr rr 0 a o O o a m ao ao m m m 0 0 0 a N N 0 Nyy N 0 N N U U C1 U U m f0 R @ R @ C O O O O O 0 (i M c. M M M O_ O_ O_ O_ O_ O U U U U U U a) D) rn a i a a a s U • � f— �— f— a) 7 7 C C C (B a 3 O 1 7 7 7 0 0 0 N cn a- d) C7) f0 1: 1 O C) C) O C) O C)0 O O 1 O 1 0 _ CMCC) O 0 I ti F d3 d3 d3 LO � a) IM (B 1: 1 O O O O O ` O ' o LO m � cn t d3 di d3 LO LO 63 1 to N 1 0 J 1 O 1 O 1 to A a >' 1 0 1 O (n 75 CF) ++ I a) (O `R 'a s (n 1 O CO O M N (6 C Q : a) c I CD > 1 m 7 O '3 N �� i U a) N ' N N m c U N a) 1 > 0 CD ((n 1 (O CO (O CO (O ,y (O 1 O 1 l() O to O Ui O LO O Ln N 0 to I N N N N C6 N rn N 93 -16- FERRY FUND OPERATIONS 2008 2009 2011 2012 Totalperations Actual F Actual Fare Revenue @ 55% Year o Date Year toBudget Budget Date . - a $ 144,319 $ 97,655 $ 120,000 $ 120,000 1,128,360 1,145,978 1,464,982 1,492,002 55%OpExp 37,645 16.386 1,995 2,775 R >' (329) (122) 0 0 a r 'tr 945,138 1,152,957 1,198,621 1,218,448 0 0 0 0 �-j 2,255,134 2,412,853 2,785,598 2,833,225 641,879 665,963 670,922 674,466 50,740 54,980 26,746 26,746 28,523 32,141 35,000 35,000 e h.l 16,415 11,649 41,150 41,150 g x' 241,094 239,723 284,166 314,811 978,650 1004,455 1,057,984 1,092,173 3,279 3,577 3,578 3,578 E a yi' t 2,478 21,155 4,400 4,400 5,257 14,816 2,500 2,500 225 3,070 4,500 4,500 a 8,877 7,673 12,500 12,500 0 110 400 400 k, 474 10,729 4,000 4,000 116,300 120,216 190,250 192,575 0 0 1,000 1,000 2,388 979 1,031 1.031 2,230 1,685 2,500 2,500 678 644 2,000 2,000 2,591 2,482 2,500 2,500 16 0 6.000 6,000 448 10,302 16,200 16,200 bti.j�� * 108 112 300 300 e mRer([al �F s 15,887 24,200 16,800 16,800 t�,�' taunt@l+f�Nd 657,081 584,141 600,000 600,000 12,721 14,203 223,500 231,046 S Re �litlerfy)��I Y, 21,028 10,392 1,640 1,640 h�r $ 48,936 69,744 70,000 70,000 m i! qt r[U�Rd 7,241 6,651 6,984 .6,984 r, 1,554 1,657 1,750 1,750 c 3r 5,220 6,444 5,500 5,500 0 d d� E 'ra 467 399 1,900 1,900 R s��s�n�e%�no�e'_ 18,563 189,404 1,000 1,000 i`&�ilh`koi�t4pNh��rf�fr7d 119,960 223,925 171,000 171,000 Re�sic�RAtii�n� r 0 1,807 5,000 5,000 l�,ht1L 443 0 0 0 R tr tl�teC�s�fA�lo�atibr! 62,110 184,042 222,186 227,253 O I3 i r t` c 2,856 1,344 2,200 2,200 21,721 22,072 22,50.0 22,500 0 4,250 0 0 IT�IQi ` `5>t nSllttttegj' 1,145,858 1,541,233 1,605,619 1,620,557 N 2,124,508 2,545,688F*lx. ef�1Cb»[eJ(Lo.S;) $ 130,626 $ (132,835) $ 121,995 $ 120,495 GS Payment = $205,400 (2011) 55% Operating Expenditures $ 1,464,982 $ 1,492,002 G8 Payment = $210,946 (2012) State MFVT Ferry Deficit Funding (120,000) (120,000) Fund Balance Recovery 155,356 155,356 Fare Revenue + Ferry Deficit Funding Needr 1,500,338 1,527,358 Fares Revenue Target S 95 rD 0 O r W OAi r A d N A N w F+ O V N O% (A OD w00Lnrnf+w1400AtDctrrn Nw14 w�A(A VIAN01Nln wF+O VwN , A V 4M V tDOt W W 0 N N r r to y W A N NF+W V NWN V"F+ V N NW OMCA40(nww W V mm Co WF+ WD -AN # F+tn 0l to VODO NtD tDNNODN Co F+NN W tntD -� N W W 4 e O y NA F+ 4M0N)-A V AO,F' 00 V MWOANOOWOwwwWNOOA00l 4mw' 0 iA a 41 44 i/F iA iA 1A iA iA iA L: Qv fA iA -A iA "A -a O a WF+NJ+F+F+OAOrVN V N w0N0MI-L DtDU1 VIF-'QtN NNNF' W N _ 0wto BIN A0 1--0 1µN0?01 V 0W V Nt-' tD O OOOt0O1AOfJ100QiF+00000.4N 000000"00"0400000mmo tD4M0,01 NI 0% -19- Whatcom Chief - 2009 Rates/Various Discounts Fare Type (# of trip card) Cost per Discount from Rate ride single fare Pedestrian $ 4 --- ------- Pedestrian 25) $ 40 Need Based Pedestrian (25) $ 17 Post HIS Students (25) $ 23 Bicycle w/driver $ 4 Motorcycle w/driver.............._...._..--......._......................._........._..._..._..._... - -- $ 5 Vehicle w/driver < 8000 Ibs $ 10 Need Based Vehicle w/Driver (10) $ 36 Vehicle w/driver < 8000 Ibs (10) $ 72 Vehicle w/driver < 8000 Ibs 25 Sm Truck 8001 - 20,000 Ibs w/driver $ 29 Sm Truck 8001 _ 20,000 Ibs w/driver (10) $ 207 Med Truck w/driver 20001 - 36000 Ibs $ 65 Med Truck w/driver 20001 - 36000 Ibs (10) $ 494 ---------------- -.--.-_.-................... .......:.....-..--....--- Large Trucksw/driver 36001_50000 Ibs $ 130 -.._—... ._.__._-.. Large Truck w/driver 3600__-_.50.0-00--I-b.s (1-0)-- _....__ ----------- $ 1 040 Trailer < 16 feet $ 15 -............__..... --- Trailer 16-30 feet $ 31 --- -._......_._.._.._._......__.......__....... ....................... . Trailer > 30 feet $ 60 -20- $ 4.00 1.60 60% 0.68 83% .......0:92----................. 4.00 ---------------------------------- 5.00 -------3:20--------------- 36% 10.00 3.60 64% 7.20 28% -6.-.--------------- 36% 29.00 ..-- 20.70-------------- 29% 65.00 49.40--------------- 24% ----- 130.00 104.00 20% 97 Ferry Ticket Sales - OPTION 1 Overall 7% decrease $2 Surcharge per trip 2009 Rates 2009 �! 2011 02 S�r?yrg! 2011 ;26Lrdri39a Fare Type (r of trip card) Toro ! 1 1 e lf)IV Prof sales P.e44 Pro)ecead Saks Tol tal R I � Torel Pedestrian f 4 30,739 26 58] f 6 171 52 39 546 ; 6 107,277 Pedestrian (10) Pedestrian (25) ; 40 1 829 1 701 f 90 153 087 1 ]01 f 90 153,087 School Ulldren (Summer)/Post Nlgh School (25) f 17 55 51 f 67 3 427 51 f 67 3,427 Need Based Pedestrian (25) f 23 164 153 f 73 11 13 153 f 73 11134 Bicycle w driver f 4 635 591 f 6 3 593 591 f 6 3,543 HoW a w/driver f 5 418 389 S 7 2 31 3H9 ; ] 2 ]21 No de w/driver (25) f 80 34 32 f 130 q III 32 ; 130 4 111 Need Based Vehlde w/Driver (10) f 36 740 688 ; 56 38 539 688 ; 56 38,539 Vehlde w driver < 8000 Ibs f 10 2] 140 35 340 ; 12 302,882 20,192 ; 12 343 306 Vehlde w drlver < 8000 lb, (10) f 72 222 206 ; 92 18,994 - delete Vehlde w driver < 8000 lb, (25) ; 160 3 033 2,821 ; 211 592 345 3 257 ; 210 473 876 Sm Truck 8001 - 20,000 lb. w/driver ; 29 659 613 ; 31 18 999 490 f 31 15,199 Sm Truck 8001 - 20,000 lb. w/driver (10) ; 207 95 88 f 227 S 20,055 71 f 227 16 044 Mad Truck w/driver 20001 - 36000 Ibs ; 65 172 160 f 67 S 10,717 160 S 67 30 717 Mad Truck w/driver 20001 - 36000 Ibs (10) ; 494 58 54 f 514 27,725 54 f 514 27 725 larye Trodes W/drlver 36001- SOOOO lbs f 130 BO 74 f 132 9,821 74 ; 132 9 821 large Trade W/driver 36001 - 50000 lbs (10) f 1,040 31 29 f 1,060 30 560 29 ; 1,060 30 560 Trailer < 16 feet f 15 404 376 f 17 6,337 376 ; 17 6 387 Trailer 16-30 feet f 31 290 270 f 33 8,900 270 ; 33 8 900 Trailer > 30 feet f 60 23 21 f 62 1 326 21 ; 62 132 Special Trip/Prepaid, f 575 8 7; 575 4,278 7 f 575 4 278 TOTALS 66 B29 62 151 ® 62 151 Target Goal: 1,530,000 Target Goal: 1,530,000 Shortfall: $ (88,923) Shortfall: 5 (259,021) —21- 2011 0260.*Kr9Y Total! paftrlp " Prolectea Sales 35,984 f 6 215 9�6 1 ]01 'f 90 153.08 51 f 67 3,427 153 f 73 S 11 134 591 f 6 3 543 389 f 7 2 ]21 32 f 130 4 111 688 f % 38 539 18930 f II 22]162 2,116 f 210 444 212 460 ; 11 I4 249 66 f 227 IF35 043 160 f 67 10 ]3] 54 f 514 37 735 74 f 9 821 29 f 1,132 060 30560 376 f 17 6 387 270 f • 33 8 900 21 7 $ f 62 575 S 1 326 4,378 Target Goal: 1,530,000 Shortfall: S (29Z306) • • Ferry Ticket Sales - OPTION 2 Overall7e/ decrease No Discounts Fare Type (# of trip card) Special Trip/Prepalds TOTALS 2009 Rates 2009 Total # $ 4 30,739 $ 40 1,829 $ 17 55 $ 23 164 4 635 5 418 80 34 $ 36 740 $ 10 27,140 $ 72 222 $ 160 3,033 $ 29 659 $ 207 95 65 172 $ 494 58 $ 130 80 $ 1,040 31 $ 15 404 31 290 60 23 575 s 2011 Bates Total # Projected Sales 28,587 $ 9 114,349 1,701 ; 100 170,097 51 ; 100 5,115 153 ; 100 a 15 252 591 $ 4 2,362 389 ; 5 1944 32 $ 125 3,953 688 ; 100 68,320 25 240 $ 10 252,402 206 ; 100 20,646 2,821 ; 250 705,173 613 $ 29 17,773 88 ; 290 $ 25,622 160 ; 65 SO 397 54 $ 650 35,061 74 ; 130 9,672 29 ;1,040 29,903 376 ; 15 5,636 270' ; 31EE 8 361 21 ; 60a 1 283 7 ; 575 1 a 4,275 66 829 62 151 2011 Bates Total # Projected Sales 34,546 $ 4 138,185 1,701 $ 100 170,097 51 $ 100 5,115 153 $ 100 15 262 591 $ 4 . 2 362 389 $ 5 1944 32 $ 125 3 953 "a $ too 68,820 20192 $ 10 201922 delete 2,257 $ 250 564138 490 $ 29 141 19 71 $ 290 20,497 160 $ 65 10 397 54 $ 650 35 O61 74 $ 130 9 672 29 $1,300 37 479 376 $ 15 5 836 270 $ 31 8 361 27 $ 60 1283 7 $ 575 9 278 2011 hate: Total # Projected Sales 35,984 $ 9 143,937 1,701 ; 100 170,097 51 ; 100 5 115 153 ; 100 IS 252 591 g q 2,362 389 g 5 a 1944 32 g 125 3 953 688 ; 100 68,828 18,930 $ 10 189,302 2,116 $ 250 528 879 460 $ 29 13,330 66 $ 290 19,216 160 $ 65 a 10,397 54 ; 650 a 35,061 74 ; 130 9,672 29 $1,300 37,479 376 $ IS 5,636 270 $ 31 8,361 21 $ 60 1,233 7 $ 575 1 a 4,278 ® sz 1s1 ® sz 1s1 Target Goal: 1530,000 Shortfall: S (21,822j -22- Target Goal: 1{530,000 Shortfall: S (21 Y,330) Target Goal: 1,530,000 Shortfall: S (255,626) Ferry Ticket Sales - OPTION 3 Overall 7% decrease Increase $1 + 10% Discounts Fare Type (# of trip card) Speclal Tnp/Prepalds TOTALS 2009 Rates 2009 Total # ¢ 4 30 739 $ 40 1,329 $ 17 55 $ 23 164 $ 4 63S $ 5 418 $ 80 34 $ 36 740 $ 10 27,140 $ 72 222 § 160 3,033 $ 29 659 $ 207 95 $ 65 172 494 58 130 80 1,040 31 1S 404 31 290 60 23 575 B 2011 New Rates Total # Pedl +$1; 10% Projected Sales disoounta 5 142,936 1702 $ 113 4 1913S9 S1 $ 75 S 3836 IS3 $ 75 11,439 S91 $ 5 2 9S3 389 $ 6 2,332 32 $ 135 4,269 68 1$ 66 45 421- 25 240 ¢ 11 277,642 206 $ 99 20,440 2 821 $ 248 698,121 613 $ 30 18,386 B $ 270 23 8S5 160 $ 70 11,197 54 $ 630 33,982 74 $ 140 lt 10 16' 29 $ 1,260 36326 376 $ 20 7,514 270 $ 40 10,758 21 $ 73 1,6414 7 $ 600 4,464 2011 New Rates Total # Fed +$1, 10% Projected Sales dismaam 34,546 ¢ S 41 172,731 1703 ¢ 113 191359 31 $ 75 3,836 1S3 $ 75 a 11,439 S91 § 5 ll 2,953 389 § 6 2,332 32 $ 135 4,269 698 $ 66 S 4S 421 20192 ¢ 11 222114 delete 2 257 $ 248 S SSB 497 490 $ 30 14,709 71 ¢ 270 19,084 160 ¢ 70 11,197 S4 $ 630 33,982 74 ¢ 140 . 10,416 29 ; 1,260 36,326 376 ¢ 20 7,514 270 ¢ 90 10,7 21 ¢ 7S 1604 7 $ 600 9 964 2011 Now Rates Total # Fed +$1, 10% Projected Sales discomta 33 984 $ 5 179 921 1 701 § 113 191,359 Si $ 75 3,836 153 $ 75 11,439 S91 $ 5 2,953 389 $ 6 2,332 32 $ 135 S 4,269 688 $ 66 45,421 18,930 $ 11 208 232 2,116 $ 248 523 591 460 $ 30 13 790 66 $ 270 17 891 160 $ 70 11 197 54 $ 630 33 982 74 $ 140 10 416 29 $ 1,260 36 326 376 $ 20 7 S14 270 $ 40 10 788 21 $ 73 1 609 7 $ 600 4 464 66 829 62 151 ® 62 151 62 151 Target Goal: 1,530,000 Target Goal: 1,530,000 Target Goal: 1,530,000 Difference ; 29,281 exceeds target Shortfall: S (164,965) Shortfall: S (208,675) -23- 100 Ferry Ticket Sales - OPTION 4 Overall 7% decrease Increase $1 + 5% Discounts Fare Type (# of trip card) Special Trip/Prepalds TOTALS 2009 Rates 2009 2011 New Rates 2011 New Rates 2011 New Rate+ Total # ?ed +$1, 5%. projected sales Total # P,2d +$1, 5%-. projected Sales Total N (xd.+;1, 5% projected Sales i . discount lot discount imil[:dl_scount. $ 4 28'S87 , $ 5 142,936 34 546 $ 5 f7x 731 35 984 $ S 179,921 $ 40 1701 $ 119 201990 1701 $ 119 201990 1701 $ 119 201990 $ 17 J34 51 $ 75 3,336 . 51 $ 75 3 836 51 $ 75 3,336 $ 23 193 $ 75 11,439 153 $ 75 11 439 153 $ 75 11,439 $ . 4 591 $ S 2 953 591 ; 5 953 591 $ 5 953 $ 5 389 $ 6 2,332 369 ; 6 2,332 389 $ 6 2 332 $ 80 32 $ 143 4,506 32 $ 143 $ 9 506 32 $ 143 4 506 $ 36 740 688 $ 66 45,421 688 $ 66 45,421 6B8 $ 66 45421 10 27,140 25,240 $ 11 277,642 20,192 $ 11 222,114 18,930 ; 11 208 232 $ 72 222 206 $ 105 21575 delete - - $ 160 3,033 2,821 $ 261 736,905 2,257 $ 261 589,524 2,116 $ 261 552 679 29 659 613 $ 30 18 336 490 ; 30 14,709 460 ; 30 S 13,790 $ 207 95 86 $ 285 25 180 71 $ 285 20,144 66 $ 285 18,885 $ 65 172 160 $ 70 11,197 160 ; 70 11,197 160 $ 70 11,197 $ 494 58 54 $ 665 35,870 54 $ 665 35,870 54 $ 665 35,870 $ 130 80 74 $ 140 10,416 74 ; 140 10,416 74 -; 140 10,416 $ 1,040 31 29 $ 1,330 38,344 29 $ 1,330 36,344 29 $ 1,330 38,344 $ 15 404 376 $ 20 7 514 '376 $ 20 7,514 376 $ 20 7 5!4 $ 31 290 270 $ 40 10 733 270 $ 40 10 7e8 270 ; 40 10 78B $ 60 23 21 $ 75 1604 21 $ 75 1604 21. $ 75 1604 $ 575 S 7 $ 600 $ 4,964 7 ; 600 4,464 7 $ 600 4 469 66 829 62 251 ® 62 151 62 151 Target Goal: 1,530,000 Target Goal: 1,530,000 Target Goak 1,530,000 Difference: S 85,300 exceeds target Shortfall: S (118,103) Shortfall: -24- 101 Ferry Ticket Sales - OPTION 5 Overall 7 % decrease $2 Surcharge + 150/a Discounts 2009 Rates 2009 2011 $2 duRn.rye 2011 �iaru:4li.rPe 2011 425uidrvrgp Fare Type(J of trip card) Total Tehll "Per 6JP P j�ed 5eb Tehli - P, I�P Pml�tell Sale Total! µwtilp Projected Seise 15R1 n6c tan D8c . IS%00c Padastdan f 9 30 ]39 18 58] S 6 173 324 34 f 6 107 277 35,984 f 6 215 906 Padestdan (25) f 90 1,829 1 ]O3 S 135 229 631 1 ]02 S 135 129 631 1,702 $ 135 329 631 (1) School Children (Summer)/Post High School (25) f 17 55 51 3,836 A. 3.336 51 f 75 -9 636 (1) Need Based Pedestflan (2S) f 23 164 153 11 439 153 ...... 1 f 7S 11,439 Bicycle ddver f 4 635 591 f 8 3 543 593 S 6 S 3 543 391 f 6 3,543 Motorc cle w/dmy., f S 418 389 S 7 2,721 389 S 7 2 721 389 S 7 2,721 Meese w/d Mver (25) f 80 34 32 S 356 4,941 32 $ 156 0 941 3 f 156 4,941 (2) Need Based vehicle w/Driver (10) S 36 740 6eB IB 174 688 48 174 608 f 70 46 1]0 Vehicle w/ddver < 8000Ibs S 10 27 140 25,240 f 12 30 Bs2 20 192 f 12 241306 10 930 f 12 227,162 V. Idd"r < 8000 (bs (10) S 72 222 206 delete - - - - f - Vehlde w/ddvef < $000Ibs (25) $160 3,033 2,821 f 263 740 31 2 25] S 263 592,343 2,116 $ 263 555 323 S. Tmck 8001 • 20,OOO Ibs w/drive, S 29 659 613 f 31 38 992 490 ; 31 15,199 400 $31 14,249 Sm Tack 8001 • 20:0001bs w/driver (10) f 207 95 88 f 267 23,545 71 ; 267 1a 836 66 f 267 17 659 Had Tmck w/ddver 20W1 - 36000 lb. f 65 172 160 f 67 10,717 160 f 67 l0 717 160 f 67 10,717 Had Tmck w/d Mver 20001 - 36000 lb, (10) f 494 58 54 f 573 S 30,881 54 f 573 30,881 54 $ S73 90 001 �e Trucks w/driver 360u1 - 50000 Ibs $ 130 80 74 f 132 9,821 74 ; 133 9,321 74 f 132 9 031 Urge Truck w/drver 36001 - SOOOO lbs (10) $ 1,040 31 29 $1,125 32,434 29 f 1,125 32,434 29 $ 1,125 $ 92 934 Taller < 16 feet f 15 404 376 f 17 6,307 376 S 17 6 3B7 37 f 17 $ 6,387 Taller 3630 rest f 31 290 2]0 f 33 B 900 270 S 33 0 900 27 f 33 0 900 Trailer a 30 feel ; 60 - 23 21 $ 62 1326 21 S 62 1 26 21 f 62 1 26 5paclal Tdp/prepaNs f 575 8 7 f 600 4464 7 $ 600 9 fi4 7 f 600 4 04 TOTALS 66 829 62 151 ® 62 151 ® 62 151 (I)Scieol Chdd,W Needs 9eaad Pedosbhn: a 26.01p pe1s(f75) a 4$25 base plus$50-sh.rge Target Goal: 1,530,000 Target Goal: 1,530,000 Target Goal: 1,530,000 ri)Needs Beaetl Vehk2s vd OrMr: etbblp peea(f70)puela 350 bane plus 320su,charpe Difference: 1 1.36.597 exceeds target Shortfall: f (44,822) Shortfall: S (90,486) _25- J 102 Ferry Ticket Sales - OPTION 6 Overall 7% decrease $2 Surcharge + 10% Discounts 2009 Rates 2009 2011 f2 suiTlnr9e 2011 fl. sulch.Yg- 2011 f2*K h rgs Faro Type (J or trip tzN) Total • T0h1 t Per 10%DIsY. Projected SsleJ Total M perttl9... .10%;Dis'e, Projected Sales Total ! ptr trip 1S%DISC Projected Sales Pedestrian f 4 30739 2 517 f fi 171534 94546 S 6 207177 35984 f 6 215906 Pedestrian (25)' f 40 29 701 S 340 238 136 1 ]01 S 140 238 136 1701 f 140 238,136 (1) school Children (Summer)/Past Nigh Schad (25) f 17 55 51 5 3 836 1 $3 836 51 f 75 3,636 (1) Need Based Pedestrian (25) f 23 81 dew driver f 4 164 635 153 591 f 6 11 439 - 3 543 153 591 f 6 11,439 3 543 1 153 591 f 75 f 6 11,439 3,543 Motorcyde w/ddver S 5 418 389 -f 7 2,721 389 f 7 2,721 389 f 7 2,721 Motomyde w/driver (25) S 80 34 32 f 163 5 136 32 f 163 5 138 32 f 163 5133 (2) Need Based Vehlde w/Ddvar (10) S 36 740 688 48 171 6ae m 688 f 70 48,174 Vehlde w/ddver < 8000 Ibs 'S 10 27,140 25,240 f 12 303 852 20,192 f 12 242,300 18,930 f 12 227,162 Vehicle w/ddver c "" bs (10) f 72 222 206 delete - - - - f - - Veh de w/ddver < 8000 Ibs (25) f 162 3 033 2 821 f 275 77s 690 2 257 f 275 620 552 2 116 f 275 581 767 S. Truck 8001 - 20,000 Ibs W/ddver f 29 659 _ 613 f 31 19,999 490 f 31 15,199 460 f 31 14,249 Sm Truck 8001 - 20,000 IDS W/ddver (30) f 207 95 88 f 281 24 826 ]I f 281 19 061 66 f 281 18,620 Ned Truck w/ddver 20001 - 36000 lbs f 65 172 160 f 67 10,717 160 f 67 10,717 160 f 67 10,717 Ned Truck w/ddver 20001-35000His (10) f 494 58 f 605 326341 54 f 605 32634 S4 f 605 3 E34 Larye Trucks w/driver 36001 - 500801bs f 130 Urge Truck w/ddver 36001 - 50000 Ibs (10) f 1,040 80 31 f 112 f 1, 190 9 821 34 306 7a 29 f 132 f 1,190 9,821 34 308 74 29 f 132 f 1,190 9,1121 34,300 Taller c 16 het f IS 409 PM37 f 17 6 387 37f17 6 387 376 f 17 6 387 Trailer 16-30 feet f 31 290 f 33 a 900 270 f 33 8900 270 f 33 8 900 Taller> 30 feet f 60 23 f 62 1 326 21 f62 1326 21 f 62 1 Special Tdp/Preplds f 575 8 f 600 q 461 7 f 600 4 464 7 f 600 4,4 TOTALS 66 829 62 151 ® 62 151 62 151 (1) school ChlldreN Need,Basedppde,bNrta2Stdp P.(f75)eq.-$25 b,ee plus$50 wmhw9, Target Goal: 1,530,000 Target Goal: 1,530,000 Target Goal: 1,530,000 (2)Need,B„edvdduew/l-., Difference: $ iB5,466 exceeds target Shortfall: $ (3,260) Shortfall: S (SQ752) —26- 103 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 - 72 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/8/2010 9/14/2010 SCOTW Division Head: 9/28/2010 SCOTW Dept. Head: 10/12/2010 SCOTW Prosecutor: Purchasin Bud et.• Executive: TITLE OF DOCUMENT.• Discussion re: Draft Ordinance amending code and maps relating to rural land use 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 regarding a draft ordinance amending Whatcom County Zoning Code Title 20, the Official Whatcom County Zoning Map, and the Whatcom County Comprehensive Plan and Maps, to implement changes relating to rural land use planning COMMITTEEACTION.• COUNCIL ACTION: 5/14/2010: Discussed. Schedule again on 9/28. (Hope to 9/14/2010: Motion to refer the establishment of a Introduce the first meeting in October)! LAMIRD in a portion of the CAITAC property north of 9/28/2010: Held to 10/12/2010 Special COTW Bellingham to the Planning Commission for review and hearing.5-2, Weimer & Mann opposed Related County Contract #: Related File Numbers: Ordinance or Resolution AB2010-72 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. 104 WHATCOM COUNTY Co Planning &Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 �4srvlav���? 360-738-2525 Fax MEMORANDUM TO: Whatcom County Council P_k THROUGH: J.E. "Sam" Ryan, Director J.E. "Sam" Ryan Director FROM: Wain Harrison, Long Range Planning Supervisor Gary Davis, AICP, Senior PlannerU''"" DATE: October 5, 2010 SUBJECT: Rural Element Update At its September 28 meeting, the County Council Committee of the Whole voted to remove draft policies that referenced R-2A zoning. Staff believes that in order to accomplish Council's objective of retaining R-2A zoning and density overlays outside LAMIRDs (in the "Rural" land use designation), it is important to have policies in place that establish these areas as part of the rural character of Whatcom County apart from the designated "more intensive" areas. We propose the following wording: Policy 2GG-2: The Rural designation should include areas of traditional rural uses and densities. While the maioritv of residential development in this area has occurred at densities less than one dwelling per five acres, Gene Fall., residential densities loos than nno the Rural designation may also include rural residential areas where higher densities have been established. More intensive development should be contained within Rural Community, Rural Tourism, or Rural Business designations, which are limited areas of more intensive rural development (LAMIRDs). Policy 2GG-4: Rezones within the Rural designation should be consistent with the established rural character and densities within the area proposed for rezoning_ Re7enoc fre.m nnn one dweq'laR . p r five a s (R 5A) to e e dwelling per �i+.a.+ rrnndinn Ural are s amn.d—should_i7�ged. If you have any questions regarding the Rural Element update, please contact Gary Davis at extension 50246. 105 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-343 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: MattAamot M.A. 9/16/10 -111 n i�= \\V// 1, L 9/28/2010 Introduction Division Head. Wain Harrison /� 1011212010 P&D Committee SEA'2 2010 Dept. Head. '7 1l7 //Q Sam Ryan }piik­iAn TCOVCOUNTY Prosecutor: Royce Buckingham COUNCIL Purchasing/Budg Executive: Pete Kremen �� Y-0, TITLE DOCUMENT. Foothills Subarea Plan and Related Amendments ATTACHMENTS: 1. Proposed Ordinance and Exhibits 2. Planning Commission Findings of Fact and Reasons for Action 3. Planning Commission Minutes from June 10 and June 24, 2010 SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X') NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Commission's recommendation 1WCC 2.160.100(2)], 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.) Adopt a new Foothills Subarea Plan and related comprehensive plan and zoning amendments. The Foothills Subarea Plan covers a portion of the east County including but not limited to the Columbia Valley, Kendall, Maple Falls, Glacier, forestry lands, rural lands, recreational developments, the North and Middle Forks of the Nooksack River, and a segment of the Mt. Baker Highway corridor. The existing Foothills Subarea Plan does not include Deming. However, it is proposed that the subarea boundary will be modified to include Deming in the new Subarea Plan. Related comprehensive plan and zoning amendments include: 1. Amending Whatcom County Comprehensive Plan Policy 2AA-12, relating to light impact industrial land uses and zoning in the Columbia Valley Urban Growth Area (UGA); 2. Amending zoning text to prohibit single family dwellings and restrict duplex and multi -family development in the General Commercial zoning district of the Columbia Valley UGA; 3. Amending the zoning map by rezoning approximately 40 acres east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)) for consistency with the existing Rural comprehensive plan designation; and 4. Repealing the 1988 Foothills Subarea Plan. NOTE: Final approval of these amendments would occur as part of concurrent review of comprehensive plan amendments in early 2011. COMMITTEE ACTION. COUNCIL ACTION. 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: CMP2007--00007 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 �coFA �o Planning & Development Services 3rP `tip 5280 Northwest Drive, Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 3y�Np40r 360-738-2525 Fax 9/17/2010 To: The Honorable Whatcom County Council From: Matt Aamot, Senior Planner ql�,K Through: Sam Ryan, Director 4---- RE: Foothills Subarea Plan and Related Amendments J.E. "Sam" Ryan D i recto r RECEIVED SEP 17 2010 PETE KREMEN COUNTY EXECUTIVE The Draft Foothills Subarea Plan has gone through an extensive public review process that included Foothills Subarea Plan Advisory Committee meetings and Planning Commission hearings. The Advisory Committee originally issued a draft plan in 2007, but revised the draft plan in 2010 after considering results of the 10-year UGA review, rural element recommendations and other issues. The Planning Commission held a public hearing in Kendall on June 10, 2010 and issued its recommendations on June 24, 2010. The Draft Subarea Plan and related amendments are now ready for review by the County Council. Office (360) 676-6907 FAX (360) 738-2493 107 9-16-10 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. ADOPTING THE FOOTHILLS SUBAREA PLAN AND RELATED AMENDMENTS WHEREAS, The Whatcom County Council initiated the subject amendments for review in 2010; and WHEREAS, The Foothills Subarea Plan Advisory Committee issued a Revised Draft Foothills Subarea Plan on May 5, 2010; and WHEREAS, The Whatcom County Planning Commission held a public hearing on June 10, 2010; and WHEREAS, The Whatcom County Planning Commission recommended a Draft Foothills Subarea Plan and related amendments on June 24, 2010; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT Background Information 1. The subject proposal consists of the following comprehensive plan and zoning amendments: a. Adopting a new Foothills Subarea Plan and repealing the 1988 Subarea Plan; b. Amending Whatcom County Comprehensive Plan Policy 2AA-12, relating to light impact industrial zoning in the Columbia Valley Urban Growth Area (UGA); c. Amending zoning text to prohibit single family dwellings and restrict duplex and multi -family development in the General Commercial zoning district of the Columbia Valley UGA; e.d.Amending the zoning map by rezoning approximately 40 acres east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)) for consistency with the existing Rural comprehensive plan designation. 2. The Foothills Subarea Plan covers a portion of the east County including the Columbia Valley, Kendall, Maple Falls, Glacier, forestry lands, rural lands, recreational developments, the North and Middle Forks of the Nooksack River, and a segment of the Mount Baker Highway corridor. The 1988 Foothills Subarea Plan did not include Deming, but the Subarea boundary will be modified to include Deming in the new Subarea Plan. 3. Whatcom County Comprehensive Plan Policy 2L-2 is to "Retain and periodically update the adopted Subarea Plans" including the Foothills Subarea Plan. The 1988 Foothills Subarea Plan had a 15-year planning period and is due for an update. 4. The County Council passed Resolution #2005-062 in November 2005 establishing a Foothills Subarea Plan Advisory Committee. The County Executive appointed 11 members to the Committee and the County Council confirmed these appointments. The members of the Committee. represented their respective communities, recommended methods of reaching out to the community and obtaining public input, provided advice to the County Planning Department, reviewed work of the planning consultant, and recommended a Draft Foothills Subarea Plan in October 2007. The Foothills Subarea Plan Advisory Committee made modifications to the Draft Plan in 2010 to address the 10-Year UGA review, rural element review and other issues. State Environmental Policy Act 5. In December 2007, the Planning and Development Services Department determined that a supplemental environmental impact statement (SEIS) would be prepared for the Draft Foothills Subarea Plan and alternatives. The Draft SEIS was issued on August 1, 2008. A public hearing on the Draft SEIS was held on September 4, 2008. The Final SEIS was issued on December 19, 2008. The Final SEIS studied land use, transportation, public schools, fire protection/EMS, law enforcement, water & sewer, parks, trails & activity centers, water quantity and water quality. 6. The Final SEIS evaluated three land use alternatives: a. The Draft Foothills Subarea Plan (Oct. 2007) with a modified planning horizon year; b. The No Action Alternative, which retained land use designations as they existed in 2008 when the EIS was completed; and c. The Rural/LAMIRD (Limited areas of more intensive rural development) alternative. Main features of this alternative included eliminating the Columbia Valley/Kendall Urban Growth Area (UGA) and reducing or eliminating areas of more intensive rural development in the Deming, Welcome, Maple Falls, and Glacier areas. 7. The subject amendments are within the range of alternatives studied in the EIS. 0) 109 Approval Criteria 8. The criteria of WCC 2.160.080, summarized below, must be satisfied in order to approve a comprehensive plan amendment. • The amendment conforms to the requirements of Growth Management Act (GMA), is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. • Further studies made or accepted by the department of planning and development services indicate changed conditions that show a need for the amendment. • 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: o The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. o The anticipated effect upon 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. o Anticipated impact upon designated agricultural, forest and mineral resource lands. • The amendment does not include or facilitate spot zoning. • Transfer of development rights may be required if an urban growth area is expanded. 9. In addition to comprehensive plan amendments, the subject proposal also includes several zoning amendments. Pursuant to WCC 20.90.050(4), the hearing body is to evaluate the zoning amendments in relationship to the goals, policies and objectives of the comprehensive plan. Subarea Plans 10. The GMA, in a section entitled "Optional Elements," states that a "comprehensive plan may include, where appropriate, subarea plans_, each of which is consistent with the comprehensive plan" (RCW 36.70A.080). 11. The Western Washington Growth Management Hearings Board has stated that: Subarea plans are optional elements of a comprehensive plan. While a jurisdiction has discretion to utilize subarea plans, RCW 36.70A.080(2) requires that subarea plans be consistent with the comprehensive plan and are subject to the goals and requirements of the GMA. Subarea plans are, as the prefix "sub" implies, a subset of the comprehensive plan of a jurisdiction and they typically augment or amplify policies contained in the comprehensive plan. There is no GMA requirement that a subarea plan contain all the mandatory elements required by RCW 36.70A.070 (Campbell v. San Juan County, Case No. 09-2-0014, FDO, January 27, 2010). 110 12. The Foothills Subarea Plan is an optional element of the comprehensive plan that Whatcom County has chosen to develop, at the County's discretion, in order to facilitate community -based planning in the Foothills Subarea. Public Participation 13. GMA planning goals are set forth in RCW 36.70A.020. The GMA citizen participation and coordination planning goal is to "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts" (RCW 36.70A.020 (11)). 14. County -wide Planning Policy A-2 states that: The county and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees. The method of citizen involvement may vary based on the needs and constituents in various communities and shall include representation of both rural and urban interests on those issues that affect both urban and rural areas. 15. The Foothills Subarea Plan Advisory Committee met more than 45 times between March 2006 and May 2010 in the effort of developing the Draft Foothills Subarea Plan. The Advisory Committee typically provided a period for public comments at their meetings. 16. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted the following workshops in the process of developing the Subarea Plan: a. A series of four visioning workshops the week of June 5 through June 8, 2006. These meetings were held in Deming, Kendall, Glacier and Maple Falls; b. A Kendall Small Town workshop on September 15 and 16, 2006; c. A Columbia Valley Urban Growth Area (UGA) Workshop in Kendall on October 14, 2006; d. A Foothills Subarea Plan Policy Workshop in Deming on November 16, 2006; and e. A Draft Foothills Subarea Plan rollout meeting on October 15, 2007 at the Kendall Elementary School 17. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, circulated a questionnaire in October and November 2006. The results of the questionnaire are presented in the Foothills Subarea Plan Questionnaire Report (January 2007). 18. The Planning Commission held a work session on the Draft Foothills Subarea Plan (October 2007 version) on November 29, 2007. 4 111 19. The Planning Commission held public hearings on the Draft Foothills Subarea Plan on January 15, 2009 and June 10, 2010. Urban Growth 20. GMA planning goal # 1 is to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner:" Under the GMA, urban growth areas have been designated pursuant to RCW 36.70A.110. 21. County -wide Planning Policy C-1 states "Urban growth needs shall be met by a combination of in -fill within cities and by growth within designated municipal and non - municipal Urban Growth Areas." This County -wide Planning Policy indicates UGAs that are not associated with an existing city, such as the Columbia Valley UGA, are appropriate to meet the urban growth needs in Whatcom County. 22. The Whatcom County Comprehensive Plan contains goals and policies supporting the Columbia Valley Urban Growth Area designation including Goal 2AA, Policy 2AA-6, and Policy 2AA-13. 23. Whatcom County Comprehensive Plan Land Use Action Plan item # 11 (chapter 2) is to: Revise county subarea plans to incorporate urban growth area boundaries as identified in this plan, ensure consistency with this plan, and eliminate any redundancy in policy. Continue to implement existing subarea plan action items that are consistent with this plan. 24. The Columbia Valley UGA was adopted by the Whatcom County Council in 1999 (Ordinance 99-075). 25. Whatcom County re -affirmed that the Columbia Valley would retain UGA status, but reduced the size of the UGA, in November 2009 in the context of the 10-year urban growth area review (Ordinance 2009-071). 26. The majority of the Foothills Subarea Plan Advisory Committee recommended a Draft Foothills Subarea Plan (May 2010) that retains and supports the Columbia Valley UGA. 27. There are two large residential subdivisions with urban densities and a recreational development existing in the Columbia Valley UGA. The Columbia Valley UGA had an estimated 2006 population of 3,853, which was larger than three cities in Whatcom County. Portions of the UGA are already characterized by urban growth as defined by RCW 36.70A.030 (19). 5 112 28. In November 2009, the County Council rezoned land within the Columbia Valley UGA to General Commercial (GC), in conjunction with the 10-year UGA review. This GC zone, which allows commercial, institutional and high density residential land uses, coincides with the Planned Town Center in the Foothills Subarea Plan. 29. The Foothills Subarea Plan contains goals and policies that address development and public facilities in the Columbia Valley UGA. Low Density Sprawl 30. GMA planning goal # 2 is to "Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development." 31. The Foothills Subarea Plan protects land from sprawling low -density development because: a. The Whatcom County Comprehensive Plan encourages net densities of 4 dwellings/acre in the Columbia Valley UGA (Goal 2P) and the UR4 zoning district establishes a minimum net density of 4 dwellings/acre when public water and sewer are provided (WCC 20.20.252). When public water and sewer are not provided, the maximum density is one dwelling/ten acres and development must be clustered to allow future urban development once water and sewer are available. The UGA occupies less than 1 % of the land in the Foothills Subarea. A total population of 5,000 was allocated to the Columbia Valley UGA for the 2029 planning horizon year, which was near the low end of the alternative population allocations studied in the environmental impact statement for the 10-year UGA review. b. Approximately 88% of the land within the Foothills Subarea is designated resource lands (mostly forestry, but also mineral resource and agricultural lands). The development regulations for these resource lands do not permit sprawling, low density development. c. About 11% of the land within the Subarea is classified as rural under the comprehensive plan. Transportation 32. GMA planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans." 33. County -wide Planning Policy J-2 states that "Whatcom County jurisdictions shall encourage alternative modes of transportation to the single occupancy vehicle..." R 113 34. The primary transportation routes to and from the Foothills Subarea are State highways. There are also a number of County roads in the Subarea. Chapter 6 of the Foothills Subarea Plan indentifies needed highway improvements within the Foothills Subarea, including improvements within the 20-year planning period to the Mount Baker Highway/Kendall Rd. intersection and the Mount Baker Highway/Valley Highway intersection. 35. The Foothills Subarea Plan contains policies to promote and encourage public transit, bikeways, and pedestrian walkways (Goal T11 and associated policies in chapter 6). 36. Because of the recreational nature of the Foothills and Mount Baker region, one of the issues identified in the planning process was the impact of new development on weekend traffic, especially on Mount Baker Highway. This issue is addressed by Policy T11-E in chapter 6 of the Foothills Subarea Plan. 37. The Foothills Subarea Plan encourages job growth in the Columbia Valley UGA, which should provide opportunities for people in the area to work closer to their homes. Housing 38. GMA planning goal # 4 is to "Encourage the availability of affordable housing to all economic segments of the population of this state., promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." 39. County -wide Planning Policy G-2 states that "The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs." 40. The Foothills Subarea Plan contains policies to encourage affordable housing, provide for a variety of housing types, and rehabilitate existing housing (Chapter 3). Permitted zoning densities in the Foothills Subarea range from 18 dwellings/acre in the Columbia Valley UGA Planned Town Center to one dwelling/40 acres in the Agriculture zone, with a variety of densities in between. Economic Development 41. GMA planning goal # 5 is to "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities." 7 114 42. County -wide Planning Policy I-7 states: Economic vitality and job development shall be encouraged in all the cities and in designated areas of the county consistent with community growth policies, particularly addressing adequacy of transportation corridors, public transportation, impacts on the environment, and the ability of the area to provide urban services. 43. The Foothills Subarea Plan includes a Planned Town Center comprehensive plan designation that is centrally located in the Columbia Valley UGA. The Planned Town Center designation is intended to be a mixed use area consisting of commercial uses, a variety of high density residential housing types, and institutional uses. The UGA also includes a planned light impact industrial area. _ 44. The Rural Centers of Deming, Kendall, Maple Falls and Glacier contain commercial zoning districts that can accommodate job growth. Other rural areas in the Foothills Subarea allow home occupations and cottage industries. 45. Designated forestry lands allow related resource -based industries. Property Rights 46. GMA planning goal # 6 states that "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions." 47. The Attorney General's Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property (December 2006) has been reviewed and it does not appear that the regulatory amendments would result in a "taking" of private property. Permitting 48. GMA planning goal # 7 states "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability." 49. The Foothills Subarea Plan supports timely permit processing and clear development regulations (Policy EC4-E in chapter 7). Resource Lands and Industries 50. GMA planning goal # 8 is to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." 8 115 51. County -wide Planning Policy I-9 states: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. 52. Policies in the Foothills Subarea Plan discourage re -designation of Rural Forestry and Commercial Forestry comprehensive plan designations to UGA (see Policy LU 1-D in chapter 2 and Policy RL1-A in chapter 8). 53. Policies in the Foothills Subarea Plan also discourage rezoning Commercial Forestry and Rural Forestry zoning districts to allow more dwellings or increased intensity of use (see Policies LU 1-B and LU 1-C in Chapter 2). Open Space/Recreation/Fish & Wildlife 54. GMA planning goal # 9 is to "Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities." 55. County -wide Planning Policy H-1 states: Adequate open space is vital to the quality of life and sense of place in Whatcom County. The county, cities, Port of Bellingham, and other appropriate jurisdictions should coordinate protection of linked greenbelts, within and between Urban Growth Areas, parks, and open space to protect wildlife corridors and to enhance recreational opportunities, public access and trail development. 56. The Foothills Subarea Plan contains provisions relating to preservation of open space (Policies LU 1-G and LU 1-I in chapter 2), promotion of recreational opportunities (Recreation goals and policies in chapter 9), and protection of fish and wildlife habitat (Goal EN and associated policies in chapter 11). Environment 57. GMA planning goal # 10 is to "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." 58. County -wide Planning Policy N-1 states: The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in the protection of water resources and in drawing upon said water to support growth. 9 116 59. The Foothills Subarea Plan contains policies to protect water quality and quantity (Goal ENI and associated policies in chapter 11). The Plan also addresses air pollution (Policy T4-C in chapter 6) and contains an implementation project in chapter 15 to study air quality in UGA. Public Facilities 60. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." 61. County -wide Planning Policy E-4 states: The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non -city Urban Growth Areas. These plans should be developed by special purpose districts, water associations and private service providers within each of these Areas, and should be implemented, where appropriate, through interlocal agreements... 62. Water District 13 and Evergreen Water and Sewer District 19 serve the Columbia Valley UGA with public water. Together, they have sufficient water connections available to serve planned residential growth in the UGA. 63. Pursuant to state regulations, Evergreen Water and Sewer District is required to update its water system plan inb 2010. 64. Pursuant to state regulations, Water District 13 is required to update its water system plan in by Mar -eh 2011. 65. Water District 13 provides sewer service to a portion of the Columbia Valley UGA. The District is in the process of updating its comprehensive sewer plan. 66. Fire District 14 serves the Columbia Valley UGA. The District is in the process of updating its capital facilities plan. 67. The Whatcom County Comprehensive Plan was amended in 2004 to allocate a population projection of 5,000 people to the Columbia Valley UGA (Ordinance 2004-013). Whatcom County maintained this allocation in the 10-year urban growth area review in 2009, as capital facility planning did not support allocation of additional population (Ordinance 2009-071). 10 117 68. The water purveyors serving the Rural Centers in Maple Falls and Glacier have sufficient water for planned growth. The Deming water system will need improvements to serve growth in the Rural Center. The Kendall Rural Center is not served by a water district or association at the current time. Historical and Archaeological 69. GMA planning goal # 13 is to "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance." 70. The Foothills Subarea Plan policies support the recognition and preservation of culturally and historically significant sites within the Foothills (Policies LU5-B and LU5-C). Accommodation of Growth 71. RCW 36.70A.115 indicates that Counties and cities shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including commercial, industrial, medical, governmental, educational and institutional. 72. WAC 365-196-325 clarifies that the land capacity analyses required under RCW 36.70A.115 are primarily to take place at the periodic reviews that counties and cities undertake. However, land capacity estimates are recommended during review of other comprehensive plan and development regulation amendments, if they increase or decrease allowed densities. 73. A land capacity analysis for the Columbia Valley UGA conducted at the time of the 10- year UGA review in 2009 demonstrates that it can accommodate allocated population and employment growth. 74. A review of land available in rural areas indicates that these areas can accommodate allocated population and employment growth. 75. The subarea planning process has identified the importance of medical facilities and other services in the Foothills. The zoning districts in the Foothills Subarea allow a variety of medical, governmental, educational and institutional land uses. Interlocal Agreement 76. The Foothills Subarea does not include any cities and there are not any interlocal agreements affecting the subarea plan. 11 118 Further Studies/Changed Conditions 77. The 1988 Foothills Subarea Plan had a 15-year planning horizon and, with the passage of time, has become outdated. 78. Review by the Foothills Subarea Plan Advisory Committee has resulted in new information and proposed policies. 79. The Foothills Subarea Plan Final Supplemental Environmental Impact Statement (December 2008), incorporated a transportation analysis conducted by The Transpo Group and a water quantity and quality report prepared by Aspect Consulting. 80. The Columbia Valley UGA was adopted in 1999. Ordinance 2009-071, which was adopted by the County Council in November 2009, modified the boundary of the Columbia Valley UGA in the context of the 10-year UGA review. A land capacity analysis and environmental impact statement were prepared in association with this review. 82. Further studies, including information associated with the Foothills Subarea Plan Advisory Committee work, environmental impact statements, 10-year UGA review, and rural element revisions, indicate changed conditions that show a need for the subject amendments. Public Interest 83. It is in the public interest to repeal the 1988 Foothills Subarea Plan and replace it with the new Foothills Subarea Plan because: a. The new Foothills Subarea Plan is consistent with the rate and distribution of population growth, employment growth, development, and conversion of land envisioned in the Whatcom County Comprehensive Plan. b. While there are pre-existing public facility and service issues in the Foothills, adoption of the Subarea Plan does not create these issues. Rather, the Subarea Plan includes goals and policies that address public facility and service issues. C. Designated forestry, mineral resource and agricultural resource lands are protected by the policies in the Subarea Plan. d. The 1988 Foothills Subarea Plan had a 15-year planning period, was adopted prior to the Growth Management Act, and was adopted prior to the current Whatcom County Comprehensive Plan. The Foothills Subarea Plan Advisory Committee was appointed to recommend a new subarea plan, as a new plan is needed in order to address community issues and changed conditions since adoption of the 1988 Subarea Plan. 12 119 Spot Zoning 84. The Official Whatcom County Zoning Ordinance (Title 20) defines illegal spot zoning as follows: "Illegal spot zoning" means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole (WCC 20.97.186). 85. Under the Foothills Subarea Plan, it is anticipated that area within the UGA, north of Limestone Rd., would be rezoned to Light Impact Industrial within the 20-year planning period. Whatcom County Comprehensive Plan Policy 2AA-12 and Foothills Subarea Plan Policy CV 1-D in chapter 12 support considering a rezone of this area to Light Impact Industrial after certain conditions are met. The rationale for the Foothills Subarea Plan policy direction includes providing jobs in the UGA, which would benefit the community as a whole. Therefore, any future rezoning to Light Impact Industrial in the UGA that meets the conditions set forth in the comprehensive plan would not constitute illegal spot zoning. :� •• INIM • 87. The subject amendments include rezoning approximately 40 acres immediately east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)). The existing Whatcom County Comprehensive Plan designation is Rural. This property is not designated forestry land of long-term significance (see map 20 in chapter 8 of the Whatcom County Comprehensive Plan). The primary purpose of the RF zoning district is to "implement the forestry designation of the Whatcom County Comprehensive Plan" (WCC 20.42.010). The purpose statement for the RF zoning district does not include implementing the Rural comprehensive plan designation. Rezoning from RF to R(10) to would be consistent with and implement the existing Rural comprehensive plan designation. Therefore, the rezone would not constitute illegal spot zoning. 13 120 Transfer of Development Rights for Expanding UGAs 88. The comprehensive plan amendment criteria require transfer of development rights, with certain exceptions, if an urban growth area is being expanded. The Columbia Valley UGA was reduced in size from 1,489 acres to 1,156 acres in the 10-year UGA review in 2009 (see Ordinance 2009-071). This 2009 action reduced the size of the UGA by 333 acres or 22%. The Subarea Plan maintains the current UGA size. Therefore, transfer of development rights is not required. Whatcom County Comprehensive Plan Policy 2AA-12 89. The subject proposal includes an amendment to Whatcom Coun-ty Comprehensive Plan Policy 2AA-12, which relates to light impact industrial zoning in the Columbia Valley UGA north of Limestone Rd. 90. The subject amendment would reference the more detailed policies in the Foothills Subarea Plan, while avoiding the redundancy of repeating this language in the County Comprehensive Plan. General Commercial Zoning Text Amendment 91. Whatcom County adopted General Commercial (GC) zoning in the Columbia Valley UGA in 2009 in conjunction with the 10-year UGA review. This GC zone coincides with the Planned Town Center designation in the Foothills Subarea Plan. 92. The subject proposal includes two amendments to the General Commercial zoning district text. 93. The first amendment would prohibit single family dwellings in the General Commercial zone within the Columbia Valley UGA. 94. The second amendment would limit duplex and multi -family development to 25% of the total land area in the General Commercial zone, except that this would not apply to dwellings above ground floor commercial development. 95. The intent is to preserve land in the Planned Town Center (which is zoned General Commercial) for commercial, higher density residential and institutional uses in order to implement Foothills Subarea Plan Policy CV 1-E (chapter 12). 14 121 �. • _ • ��• Min • \- • •,­­ 01WA MWINIUM • I WON' • • • r CONCLUSIONS 1. The subject comprehensive plan amendments satisfy the approval criteria of WCC 2.160.080. 2. The subject comprehensive plan amendments conform to applicable requirements of the Growth Management Act and are consistent with county -wide planning policies. 3. Changed conditions show a need for the subject comprehensive plan amendments. These changed conditions include adoption of an ordinance relating to the 10-year UGA review, prepese4-amendments to the rural element of the comprehensive plan, the fact that the existing Subarea Plan from 1988 is outdated, and new information and policies developed by the Foothills Subarea Plan Advisory Committee. 4. The subject comprehensive plan amendments serve the public interest by guiding urban and rural development as envisioned in the Whatcom County Comprehensive Plan, and by conserving designated resource lands. 5. The subject amendments do not include or facilitate spot zoning. The subject zoning amendments are consistent with and implement the comprehensive plan. Note: The above Findings and Conclusions assume that the rural element/LAMIRD ordinance will be adopted by the County Council prior to the Foothills Subarea Plan. Changes from Planning Commission Findings are shown with underlining and strike-throughs. 15 122 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Foothills Subarea Plan is hereby adopted as shown on Exhibit A. Section 2. Whatcom County Comprehensive Plan Policy 2AA-12 is hereby amended as shown on Exhibit B. Section 3. The Official Whatcom County Zoning Ordinance, Chapter 20.62 (the General Commercial District text), is hereby amended as shown on Exhibit C. Section 4. The Official Whatcom County zoning map is hereby amended as shown on Exhibit D. Section 5. The 1988 Foothills Subarea Plan is hereby repealed in its entirety. Section 6. 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 , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk APPROVED as to form: Civil l5eputy Prosecutor Sam Crawford, Chairperson ( ) Approved () Denied Date: 16 Pete Kremen, Executive 123 t � _YI �i .... .. 1 )� t f F �� } JJ 1 ~� - .ram � .� 1 r � Y �.� �� �'�''.+ r�=3 _ ._ .y;, Acknowledgements June 2010 Whatcom County Executive Pete Kremen Whatcom County Council Barbara Brenner Sam Crawford Kathy Kershner Bill Knutzen Kenn Mann Ward Nelson Carl Weimer Whatcom County Planning Commission John Belisle Michelle Luke Rabel Burdge Jean Melious Rod Erickson Jeff Rainey Gary Honcoop Mary Beth Teigrob John Lesow Foothills Subarea Plan Advisory Committee Richard Banel Business Community Phil Cloward, Vice Chair Forestry William (Bill)Coleman Nooksack Tribe Jan Eskola At Large Gary Gehling, Chair Rural Gerald Kern Columbia Valley UGA/Kendall Beth Morgan Columbia Valley UGA/Kendall Amy Mower Maple Falls area Norma Otto Columbia Valley UGA/Kendall Lou Piotrowski Glacier area Cynthia Purdy Deming area Former Members: Alan Seid Sean Wilson H 125 Whatcom County Planning and Development Services Staff J.E. "Sam" Ryan, Interim Director David Stalheim, Former Director Wain Harrison, Long Range Planning Supervisor Hal Hart, Former Director Matt Aamot, Senior Planner/Project Manager Dennis Rhodes, Former Assistant Director Sarah Watts, GIS Specialist III Linda Peterson, Former Planning Division Manager Becky Boxx, Coordinator Pam Brown, Division Secretary Washington State Department of Transportation Todd Carlson, Planning and Engineering Services Manager Roland Storme, Development Services Manager Elizabeth Sjostrom, Highway System Planner Michael Koidal, Transportation Data Engineer Consultants Studio Cascade, Inc. John Everett, Former Senior Planner/Transportation Sharon Digby, Former Extra Help Penny Harrison, Former Extra Help Tim Hostetler, Former Assistant Planning Manager ECONorthwest ii 126 Table of Contents 1 Introduction and Population Projections 1-1 Backaround 1-1 Existina Land Uses 1-4 Population Forecast 1-4 2 Land Use 2-1 Land Use History 2-1 Essential Public Facilities 2-1 Whatcom County Comprehensive Plan Goals and Policies 2-2 Future Demand and Supply 2-2 Planning Context 2-3 Vision 2-4 Land Use Planning Issues 2-6 Planning Concept 2-7 Land Use Scenarios 2-8 Adopted Land Use Scenario 2-8 Lands for Public Purpose 2-16 Foothills Subarea Plan Goals and Policies 2-17 3 Housing 3-1 Existing Conditions 3-1 Whatcom County Comprehensive Plan Goals and Policies 3-2 Housing Issues 3-2 Planning Concept 3-4 Foothills Subarea Plan Goals and Policies 3-5 4 County Capital Facilities 4-1 Existing Facilities 4-1 Whatcom County Comprehensive Plan Goals and Policies 4-2 Capital Facilities Issues 4-2 Future Needs 4-2 Foothills Subarea Plan Goals and Policies 4-5 5 Utilities 5-1 Existing Conditions 5-1 Whatcom County Comprehensive Plan Goals and Policies 5-4 Utilities Issues 5-4 Foothills Subarea Plan Goals and Policies 5-5 6 Transportation 6-1 Movement 6-1 Whatcom County Comprehensive Plan Goals and Policies 6-3 Level -of -Service Standards 6-3 Planning Issues 6-3 Planning Concept 6-3 Proposed New Roads and Facilities 6-5 Foothills Subarea Plan Goals and Policies 6-6 7 Economics 7-1 Background 7-1 Whatcom County Comprehensive Plan Goals and Policies 7-6 Planning Issues 7-6 Planning Concept 7-6 Foothills Subarea Plan Goals and Policies 7-7 8 Resource Lands 8-1 Whatcom County Comprehensive Plan Goals and Policies 8-1 Planning Issues 8-2 Planning Concept 8-2 Foothills Subarea Plan Goals and Policies 8-2 iii 127 9 Recreation 9-1 Existing Facilities 9-1 Whatcom County Comprehensive Plan Goals and Policies 9-2 Planning Issues 9-3 Planning Concept 9-3 Foothills Subarea Plan Goals and Policies 9-3 10 Community Facilities, Schools, Sheriff, Fire Protections, Emergency Medical Services and Solid Waste Management 10-1 Existing Facilities 10-1 Proposed Facilities 10-2 Whatcom County Comprehensive Plan Goals and Policies 10-3 Foothills Subarea Plan Goals and Policies 10-4 11 Environment 11-1 Surface Water 11-1 Ground Water 11-4 Plants and Wildlife 11-5 Geologic Hazards 11-7 Whatcom County Comprehensive Plan Goals and Policies 1 1-8 Planning Concept 11-8 Foothills Subarea Plan Goals and Policies 11-9 12 Columbia Valley Urban Growth Area (UGA) 12-1 Issues 12-1 Community Workshops 12-1 Planning Concept 12-2 Goals and Policies 12-9 13 Kendall Rural Center Master Plan 13-1 Kendall Workshop 13-1 Vision Assessment -Today, Tomorrow, Means 13-2 Assessment of Opportunities and Constraints 13-3 Design Objectives - Prioritized 13-5 Columbia Valley UGA Workshop 13-7 Subarea Plan Directives 13-9 Existing Conditions 13-9 Master Plan Design Program Objectives 13-10 Master Plan 13-10 Policy References 13-13 14 Public Participation Program 14-1 Workshops 14-1 Draft Plan Rollout 14-2 Foothills Subarea Plan Advisory Committee 14-2 Questionnaire 14-2 Environmental Review 14-3 10-Year UGA Review 14-3 Planning Commission 14-3 Website 14-3 Policies 14-3 15 Implementation 15-1 Projects 15-1 Implementation Tasks 15-6 Implementation Committees 15-7 Appendix A - Bibliography A-1 iv 128 Index of Tables Table 1.1 -2006 Foothills Population Estimate 1-2 Table 1.2 - Occupancy by Location, 2006 1-3 Table 1.3 - Acres and Percentage of Foothills Subarea by Land Use, 2007 1-4 Table 1.4 - ECONorthwest Proposed Population Forecasts 1-5 Table 1.5 - Foothills Subarea Plan adopted population forecast 1-5 Table 3.1 - Dwelling Unit Analysis, Foothills Subarea and Whatcom County 3-3 Table 3.2 - 2006 Dwelling Unit Estimates 3-3 Table 3.3 - Projected Subarea Dwelling Units by Location, 2006-2029 3-4 Table 4.1 - Existing County Facilities 4-1 Table 4.2 - Proposed County Capital Facilities 4-4 Table 5.1 - Additional water connections to serve the UGA 5-2 Table 7.1 - Covered employment in the Foothills Subarea by sector and industry, 2005 7-2 Table 7.2 - Employment forecast by land use type, Foothills Subarea 7-4 Table 8.1 - Resource lands in the Foothills Subarea, 8-1 Table 9.1 - Existing Park Facilities 9-1 Table 11.1 - 303(d), Category 5 listed water bodies in the subarea and associated nonpoint 1 1-3 pollution source Table 12.1 - Relevant policies for the Columbia Valley UGA from other chapters 12-9 Table 13.1 -Vision Assessment 13-2 Table 13.2 - Opportunities and Constraints 13-3 Table 13.3 - Relevant policies for the Kendall Rural Center from other chapters 13-13 Table 14.1 - Relevant policies for public participation from other chapters 14-3 Table 15.1 - Implementation Projects (Candidates for County Funding) 15-2 Table 15.2 - Implementation Projects (Candidates for non -County Funding) 15-4 129 Index of Figures Figure 13.1 - Photo from Kendall workshop field exercises 13-4 Figure 13.2 - Design concepts generated by Kendall workshop participants 13-6 Figure 13.3 - Conceptual connectivity between Kendall and the Columbia Valley town 13-7 center Figure 13.4 - Oblique aerial illustrating Kendall's relationship to the Columbia Valley 13-8 Figure 13.5 -Aerial photograph of Kendall 13-9 Figure 13.6 - Existing building footprints in Kendall 13-11 Figure 13.7 - Kendall Master Plan Concept 13-12 Index of Maps Map 2.1: Deming 2-10 Map 2.2: Welcome 2-11 Map 2.3: Columbia Valley 2-12 Map 2.4: Maple Falls 2-13 Map 2.5: Glacier 2-14 Map 3.1: Housing - Housing Types 3-6 Map 4.1: County Capital Facilities 4-6 Map 6.1: Transportation - State/County Road Functional Class 6-10 Map 6.2: Whatcom Transportation Authority (WTA) Transit Route 6-1 1 Map 8.1: Designated Resource Lands 8-4 Map 10.1: Community Facilities 10-6 Map 11.1: Critical Areas Article III - Geologically Hazardous Areas (GHA 11-11 Map 1 1.2: Critical Areas Article III -Seismic Hazard Areas (GHA2) - Liquefaction 1 1-12 Map 11.3: Critical Areas Article III -Seismic Hazard Areas (GHA2) - Potential for Enhanced 1 1 13 Ground Shaking Map 11.4: Critical Areas Article III -Volcanic Hazards (GHA4) 1 1-14 Map 11.5: Critical Areas Article IV - Frequently Flooded Areas 11-15 Map 11.6: Critical Areas Article V - Critical Aquifer Recharge Areas 11-16 Map 1 1.7: Critical Areas Article VI - Wetlands 1 1-17 Map 1 1.8: Critical Areas Article VII - Wildlife Habitat Conservation Areas (HCA) 1 1-18 Map 1 1.9: Critical Areas Article VII - Fish Habitat Conservation Areas 1 1-19 vi 130 Foothills Subarea Plan, Chapter 1- Planning Commission Recommended Version June 24, 2010 Introduction and Population Projections This subarea plan updates and replaces the November 1988 Foothills Subarea component of the Whatcom County Comprehensive Land Use Plan. That 1988 plan was prepared before the 1990 adoption of the Growth Management Act (GMA), and is now more than 20 years old. While the plan has been an appropriate tool for the direction and regulation of development in the Foothills area, it is now out of date and must be replaced with a new subarea plan to address shifts in population and changes in the regulatory context over the past 20 years. The current comprehensive plan for Whatcom County was updated in 2009. It directs the County to review and update its subarea plans to ensure they are compliant with the new comprehensive plan. The comprehensive plan is intended to guide growth in unincorporated areas for the next 20 years and it contains descriptions of existing conditions related to land use, the physical environment, transportation, and capital facilities and utilities. The Whatcom County Comprehensive Plan addresses the requirements of the Growth Management Act (GMA), the planning goals of the GMA (RCW 36.70A.020), mandatory plan elements (RCW 36.70A.070), and the current County Wide Planning Policies. The GMA authorizes adoption of subarea plans that are consistent with the county -wide comprehensive plan, but does not require such subarea plans. Whatcom County has chosen to meet GMA requirements primarily through the Whatcom County Comprehensive Plan and associated development regulations. Subarea Plans are intended to provide local perspective and address issues of a particular community, but are not intended to address every requirement of the GMA. Whatcom County established the Foothills Subarea Plan as one of the most important plans for updating. The County allocated funds for the update in its 2006 budget, hired a consultant to prepare the plan and appointed a Foothills Subarea Plan Advisory Committee (FSPAC) to provide input and direction to the process. The update included four Vision Week workshops (June 5-8, 2006), a Kendall Small Town workshop (September 15-16, 2006), a Columbia Valley Urban Growth Area workshop (October 14, 2006), a Foothills Subarea Plan Policy workshop (November 16, 2006), a questionnaire (October -December 2006) and a number of Foothills Subarea Plan Advisory Committee meetings, ultimately resulting in a preferred alternative subarea plan submitted to the County's planning commission. The subarea plan's structure generally conforms to the structure of the County's comprehensive plan, simplifying comparisons between the two documents. Chapters of the subarea plan contain sections contained in the comprehensive plan, addressing those items that are relevant to the subarea and differentiating the subarea from the county as a whole. Background The Foothills Subarea consists of approximately 133,000 acres (208 square miles) in the northeast portion of Western Whatcom County. The northern boundary is the Canadian border and the Vedder Mountain ridge. The Mount Baker-Snoqualmie National Forest bounds the subarea on the east. The southern boundary generally follows the drainage divide between the Middle Fork and the South Fork of the Nooksack River, and the ridges of Sumas Mountain and Van Zandt Dike define the western boundary. The subarea boundary was modified in this subarea plan update to include the Deming area. Access to the subarea consists of Mount Baker Highway (SR542) from Bellingham, Reese Hill Rd. and South Pass Rd. from the west, Highway 9 and Mosquito Lake Road from the south, and Highway 9 from the north. The Sumas border crossing into British Columbia is just to the 1-1 131 Foothills Subarea Plan, Chapter 1 - Planning Commission Recommended Version June 24, 2010 northwest. Unincorporated communities within the subarea include Deming, Welcome, Kendall, Maple Falls, and Glacier. There is also an urban growth area designated in the Columbia Valley that includes the Peaceful Valley and Paradise Lakes developments and adjacent lands. The Foothills communities of Deming, Kendall, Maple Falls and Glacier are nestled along the Nooksack River and Mount Baker Highway, among the foothills of Mount Baker. Deming is the most westerly town and is home to one of two libraries in the area. Mount Baker Junior High and Mount Baker High School, also located in Deming, provide secondary education to Foothills children and teens. The most populated communities are the subdivisions of Paradise Lakes and Peaceful Valley along Kendall Road near Kendall and within the Columbia Valley Urban Growth Area. Maple Falls, east of Kendall, houses the second library in the Foothills and serves as one of the gateways to Silver Lake. Glacier is the easternmost town before the Mount Baker ski area. These communities have deep roots in the Foothills, extending back into the early pioneer days. When settlers first arrived in the area, the Foothills were covered with dense blankets of giant evergreen trees. Places like Kendall and Deming were alive with resource -based economies. The primary resource, trees, kept the saw and shingle mills in business. Today, the communities of the Foothills still have some remnants of a resource -based economy, but more jobs are in education (employment at Kendall School, Mt. Baker Junior High, or Mt. Baker High School) or retail. Jobs are scarce in the Foothills, and residents often have to commute to Bellingham, Lynden, Everson, Sumas or Ferndale to find work. Population The Foothills Subarea 2006 population is estimated at 6,722 distributed throughout the subarea as shown in table 1.1. Table ].I - 2006 Foothills Population Estimate Area Population Columbia Valley Urban Growth Area 3,853 Glacier area 284 Maple Falls area 213 Deming 220 Remaining Subarea 1 2,152 Total: 1 6,722 Source: Record of Decisions and Recommendations of the Foothills Subarea Plan Advisory Committee, December 6, 2006 In coordination with ECONorthwest, the Foothills Subarea Plan Advisory Committee established recommended population estimates for the various population centers in the Foothills. About 29 percent of the total dwellings in the subarea are classified as "seasonal, recreational, occasional dwellings." This suggests that the total number of units is greater than the number of households, resulting in a different set of demand characteristics than what might be expected where seasonal units do not represent such a high percentage of total units. Analysis by the Foothills Subarea Plan Advisory Committee indicates that seasonal use is especially high in the Glacier area. Additionally, the percentage of homes in the Columbia Valley Urban Growth Area that are for seasonal use has declined, suggesting that these units have been converted from seasonal use to year-round use. It also makes it tricky to estimate and forecast resident 1-2 132 Foothills Subarea Plan, Chapter 1 - Planning Commission Recommended Version June 24, 2010 population based on the number of households, especially when the proportion of seasonal units fluctuates. Table 1.2 - Occupancy by Location, 2006 Seasonal, Vacant Area Year Round Recreational, (unoccupied) Total Dwellings Occasional Dwellings Dwellings Dwellings Columbia Valley Urban Growth 1,239 126 16 1,381 Area Glacier 22 10 5 37 Glacier area - Mt. Baker Rim 40 239 22 301 Glacier area - Snowline Subdivision 35 191 6 232 Glacier area - Snowater & Snowline 3 210 11 224 Condos Glacier area - Glacier 28 68 5 101 Springs/Glacier Greene Maple Falls 29 0 2 31 Maple Falls area - Cascades 47 3 5 55 West/Rivendell Estates Deming 76 3 5 84 Remaining Subarea 739 133 76 948 Foothills Subarea Total: 2,258 1 983 153 1 3,394 Source: Foothills Subarea Plan Advisory Committee Recommendations and Decisions, attachment. December 6, 2006 Additionally, Camper's Paradise, The Glen at Maple Falls, and Black Mountain Ranch accommodate approximately 2,500 recreational units (RVs and park models). According to Washington State estimates, unincorporated areas throughout Whatcom County grew 37 percent between 2000 and 2006. The Columbia Valley was the fastest growing area, in terms of average annual growth rates, in Whatcom County during the 1990s. As of the beginning of the 2009 school year, the Mount Baker School District had experienced a drop in school enrollment over the last five years. Demographics The culturally diverse demographic makeup of the county's population has an effect on land use and demand for public services. Variations in household size, resident ages, and household incomes throughout the Foothills make this a diverse community. The cyclical influx of seasonal residents, many from Canada and who maintain recreational homes in parts of the county, also adds to the diversity mix. 1-3 133 Foothills Subarea Plan, Chapter 1 - Planning Commission Recommended Version June 24, 2010 Existing Land Uses Table 1.3 details how existing land uses are allocated within the Foothills, indicating the acres devoted to each land use type and the percentage of the subarea each land use occupies. Table 1.3 - Acres and Percentage of Foothills Subarea by Land Use, 2007 Land Use Total Acres Percent of Subarea Forestry 114,652 86.21 Agriculture 3,003 2.26 Residential 5,569 4.19 Vacant 4,102 3.08 Mining/Fishing/Related Uses 655 0.49 Public & Utilities 1,647 1.24 Industrial & Manufacturing 17 0.01 Commercial 8, Services 108 0.08 Nooksack Tribal Ownership 88 0.07 Property with no code (water bodies, streams, Nooksack River meander, roads, etc.)3,147 2.37 Total 132,988 100.00 Source: Whatcom Counhj Assessor, 2007 Population Forecast The purpose of population forecasting, as it relates to land use planning, is to accommodate the long-term spatial requirements of various land uses such as residences, commerce, industry, recreation, and public facilities. Population forecasting also helps land use decision making for related matters, such as determining the appropriate scale and location of public works facilities and land development activities. Population forecasts are subject to revision which may be accomplished in the comprehensive plan update process. ECONorthwest prepared a range of proposed forecasts for this subarea plan (Table 1.4). The Foothills Subarea Plan Advisory Committee took these numbers and other considerations into account and established a recommended population forecast, which was modified for the Columbia Valley UGA and "remaining subarea' (rural and resource lands). The adopted forecast for the Foothills Subarea is shown below (Table 1.5). 1-4 134 Foothills Subarea Plan, Chapter 1 -Planning Commission Recommended Version June 24, 2010 Table 1.4 - ECONorthwest Proposed Population Forecasts Columbia Maple Remaining Total Valley Glacier Falls Deming Subarea Population UGA Low Growth Assumption 2006 3,853 284 213 220 2,152 6,722 2017 4,602 300 225 233 2,274 7,633 2027 5,270 314 236 244 2,381 8,445 Baseline Growth Assum Lion 2006 3,853 284 213 220 2,152 6,722 2017 5,248 313 1 235 243 2,372 8,411 2027 6,483 338 254 262 2,563 9,900 High Growth Assumption 2006 3,853 284 213 220 2,152 6,722 2017 6,382 340 255 263 2,575 9,815 2027 9,084 397 297 307 3,004 13,090 Source: December 2006, Foothills Subarea Population Forecast, ECONorthivest. Table 1.5 - Foothills Subarea Plan adopted population forecast Population ECONorthwest Growth 2029 Population Increase from Assumption Projection 2006-2029 Columbia Valley 5,000 1,147 Below the low growth UGA assumption Glacier 397 113 High Maple Falls 254 41 Baseline Deming 262 42 Baseline Remaining 2,563 411 Baseline Subarea Total Population 8,476 1,754 Source: For the Columbia Valley UGA, County Council motion of March 17, 2009 and adoption of Ordinance 2009-071 on November 24, 2009. For Glacier, Maple Falls and Deming, Record of Decisions and Recommendations of the Foothills Subarea Plan Advisory Committee, December 20, 2006. For the Remaining Subarea, ECONorthivest baseline projection from the Foothills Subarea Population Forecast, December 2006. The ECONorthwest Population forecast report of December 1, 2006, page 11, suggested that the Baseline Growth Assumption be used in the Foothills Subarea Plan. Forecasting is usually better, and better received, if it is based on a model of how the world works. In the context of housing and economic development, that understanding must certainly include how households and businesses make decisions about where to locate and what types of buildings to occupy. In the context of land use and growth management, the main variables that must be forecast are population and employment. The demand for built space creates a derived demand for land upon which to build that space. Small area forecasts, such as those for the Foothills subarea, are difficult, and there are several limitations associated with forecasts like these: 1-5 135 Foothills Subarea Plan, Chapter 1 - Planning Commission Recommended Version June 24, 2010 • Projections for population in most cities and counties are simple projections of past growth rates into the future. They have no quantitative connection to the underlying factors that explain why and how much growth will occur. • Even if planners had a sophisticated model that links all these important variables together, they would still face the problem of having to reforecast the future of the variables that they are using to forecast growth. All forecasting requires making assumptions about the future. • Comparisons of past population projections to subsequent population counts have revealed that even much more sophisticated methods than the ones used in this study are often inaccurate. The smaller the area and the longer the period of time covered, the greater the inaccuracy will be for any statistical method. • Small areas start from a small base. An influx of 500 people in a city of 200,000 would have an overall impact on total population of 0.25 percent. An in migration of 500 people in a community of 10,000 would increase the community's population by more than 5 percent and dramatically increase the need for housing. • Small communities near metropolitan areas have high growth potential, however a sustained growth rate over 10 to 20 years is less likely. • Public policy makes a difference. Jurisdictions can affect the rate of growth through infrastructure, land supply, incentives and other policies. Such policies generally do not have an impact on regional growth rates, but may cause shifts of population and employment within a region. The longer the forecast, the greater the potential is that actual population growth will vary from the forecast. This implies that jurisdictions should closely monitor actual population growth so that either plans can be modified to account for variations, or that policies can be implemented that increase the likelihood of achieving target populations. Conclusion This subarea plan integrates the population forecasts, community vision, land use plans, and a range of public policy direction into a single, comprehensive guide for the Foothills' future. It is based on a blend of technical assessment, extensive community input, and professional judgment, adopted through an open, public process. It is a compendium of the community's voice, detailing a vision for the Foothills and the steps and actions designed to move in that direction. 1-6 136 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 2 Land Use Land Use History In the 1970s and 1980s forestry was the prevalent land use, comprising 118,000 acres out of the approximately 133,000 acres in the Foothills Subarea, or 92.6 percent of the land area. Forest lands included large and small parcels owned and maintained by private interests, and nearly 54,000 acres were owned by the State of Washington and were managed by the Department of Natural Resources. Beef, hay, and Christmas tree farms were the second largest use, occupying 4,231 acres or 3.3 percent of the subarea. Residential uses, including single-family residences, vacation homes and cabins, and multi- family recreational developments, occupied 1,745 acres or 1.4 percent of the subarea. Private recreational facilities consisted of recreational vehicle and camping parks, church conference centers and a Boy Scout camp at Silver Lake. They occupied about 882 acres or 0.7 percent of the subarea. Commercial activities occupied about 0.04 percent (45 acres) of the subarea (which did not include Deming at that time). Commercial uses were concentrated in the unincorporated communities of Welcome, Kendall, Maple Falls, and Glacier and, with the exception of Glacier, primarily served the needs of the surrounding area. Approximately 1.3 percent of the subarea (1,690 acres) was vacant land. Light impact industrial uses included a 10-acre hydroelectric turbine and steel boat manufacturer, two small lumber mills, and a coil winding facility. Limestone, sand and gravel mining occupied 0.2 percent (248 acres) of the subarea. The remaining uses included aquaculture (the Kendall fish hatchery), communications, utilities, and transportation (Foothills Component of the Whatcom County Comprehensive Land Use Plan,1988, p.17). Essential Public Facilities Essential public facilities are defined by the Growth Management Act (GMA) as: Those facilities that are typically difficult to site, such as airports, state education facilities, state or regional transportation facilities as defined in RCW 47.06.140, state and local correctional facilities, solid waste handling facilities, and in -patient facilities including substance abuse facilities, mental health facilities, group homes, and secure community transition facilities as defined in RCW 71.09.020. Additionally, Whatcom County has designated telecommunication towers, water treatment plants, water storage facilities, and sewer treatment plants as essential public facilities. Essential public facilities in the Foothills Subarea include, but are not limited to: • Water treatment and/or storage facilities operated by the Deming Water Association, Whatcom County Water District 13, Evergreen Water & Sewer District 19, Maple Falls Water Coop, Glacier Water District, and Glacier Springs Water Association; • A sewage treatment facility operated by Water District 13; • Communication towers; and • The Burlington Northern Sante Fe railroad tracks, which run through the southwestern corner of the Foothills Subarea. 2-1 137 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Other essential public facilities may need to locate in the subarea in response to subarea growth, threat from volcanic activity, and an increasing need to provide social services for the regions population. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan identified and addressed many issues that concern the Foothills subarea. The County -wide plan recognizes the Columbia Valley Urban Growth Area and the Rural Centers in the subarea. It also contains provisions to protect rural, forestry, and agricultural lands. Future Demand and Supply The Growth Management Act requires jurisdictions to base their comprehensive plans on population growth forecasts. Chapter 1 of this plan provides the estimated 2006 and forecast 2029 populations in the subarea, dividing those figures up among the Rural Centers, the Columbia Valley UGA and the rest of the Foothills Subarea. An important part of the land use planning process is in understanding how much land is available to accommodate new growth given current levels of development and current land use designations. Residential Land Demand and Capacity According to a study performed by Whatcom County Planning and Development Services, approximately 784 additional dwellings to house about 1,745 new residents can be accommodated in the Columbia Valley UGA. Since the 2029 population growth allocation for the UGA is 1,147 additional people, enough land is available within the UGA to accommodate forecast growth. Similar assessments for Deming, Maple Falls, and Glacier indicate that sufficient land exists to accommodate forecasted residential growth. Glacier, however, represents an interesting and unique situation. Its proximity to Mt Baker generated a proliferation of seasonal housing developments in the late 1960s and the 1970s. Many of those seasonal units are forecast to become full-time residences, continuing a trend that has been developing in recent years. Commercial/Industrial Land Demand and Capacity The Columbia Valley UGA contains a Planned Town Center that is zoned General Commercial. Deming, Welcome, Kendall, Maple Falls and Glacier also have commercial zoning districts. Currently, no land zoned specifically for industry exists in the Foothills. As the UGA intensifies, however, there may be increased demand for development of job -providing facilities. Many current Foothills residents commute outside the subarea on a daily basis, traveling 1/2 to 1 hour each way. If there is a future market for light impact industrial land in the subarea, land will need to be rezoned to accommodate it. The county's comprehensive plan and the continuing subarea planning discussions indicate that industrial uses are desirable to help provide for more local employment in the Foothills. The Foothills Subarea Plan adopts a Planned Light Impact Industrial designation and policies that call for consideration of industrial zoning within the Columbia Valley UGA, introducing a new light impact industrial land use type in the UGA. 2-2 138 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Additionally, an important distinction must be made between the types of commercial development now seen in the Foothills versus what will likely be seen for commercial development as the Columbia Valley UGA becomes more urban. The patterns and types of the subarea's commercial land uses have been formed to support a rural lifestyle in the Foothills and later, a vacation lifestyle, predominately in the Columbia Valley. While the rural lifestyle in the Foothills will continue, the Columbia Valley's lifestyle has become more urban. Columbia Valley residents may choose to shop locally, depending on the retail, office and institutional services provided within the UGA. According to a study performed by Whatcom County Planning and Development Services, approximately 359 additional commercial and industrial employees can be accommodated in the Columbia Valley UGA's General Commercial zone and Planned Light Impact Industrial designation (which will have to be rezoned to accommodate industrial uses). The 2029 employment allocation for the UGA matches the land capacity available to accommodate these jobs. The Rural Centers in Deming, Kendall, Maple Falls and Glacier can accommodate a variety of commercial, community and public uses and future employees. Additionally, the Rural zoning district allows home occupations, cottage industries, bed and breakfast inns and a number of other non- residential land uses that could accommodate employees. The Rural Forestry and Commercial Forestry zones allow resource related land uses and workers. Taken together, the zoning can accommodate the employment growth anticipated to occur outside of the Columbia Valley UGA (the medium forecast indicates there would be about 315 new jobs outside the UGA over the 20-year planning period). The subarea planning process has also identified the importance of medical facilities and other services in the Foothills. The zoning districts in the Foothills Subarea allow a variety of medical, governmental, educational and institutional land uses. Planning Context The Foothills subarea is a complex place. It is topographically extreme, with narrow valleys defined by steep and wooded mountains. It is socially diverse, with a blending of full-time and seasonal residents, a robust Slavic -language community, a small Native American tribe, and there is a mix of relative newcomers and families who have lived on the land for generations. It is also a rural place, with the exception of the Columbia Valley. Small concentrations of population are located within the towns of Deming, Kendall, Maple Falls and Glacier. These Rural Centers provide a few services to local and outlying residents like gas, some groceries, restaurants, and other consumer services. Deming is home to Mount Baker Junior and Senior High Schools and many associated athletic facilities. Additionally, it serves as the town with the most consumer services along Mount Baker Highway. The Deming Rural Center was estimated to have a population of 220 in 2006. Kendall is less service -rich than Deming, but the town is near the largest population concentration in the subarea — the Columbia Valley Urban Growth Area (UGA). Kendall is also home to the Kendall Elementary School. 2-3 139 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 The Columbia Valley UGA contained a 2006 population of approximately 3,853, mostly within the Paradise Lakes and Peaceful Valley subdivisions. The Columbia Valley area, like many other areas in Whatcom County, was originally developed to serve a seasonal population, primarily Canadians who are allowed to spend up to six months per year in the United States. 2000 U.S. Census data indicate that approximately 32 percent of the existing housing was either seasonal or vacant. However, the Columbia Valley UGA has been transitioning to more permanent residents, and only about 10 percent of the dwellings in the UGA were for seasonal use or vacant in 2006. The lots are affordable, though prices generally increase over time. The Columbia Valley UGA contains two large subdivisions, Paradise Lakes and Peaceful Valley, which are located along both sides of Kendall Road (SR547). Kendall Lake, Sprague Lake, a wetland complex along Kendall Creek, some undeveloped land, and an area that used to be a golf course are also located in the UGA. There are approximately 2,000 platted lots, with dwelling units consisting of recreational cabins, manufactured homes, and permanent residences. A General Commercial zone was established in a central location within the UGA in 2009 (see Ordinance 2009-071). Paradise Lakes has public roads and continues to utilize septic systems for sewage disposal. The Evergreen Water -Sewer District provides public water service (formerly provided by the Paradise Lakes Country Club) to residential and camper lots within the Paradise Lakes divisions. Peaceful Valley has private roads and a water and sewer system managed by Water District 13. Public transit service is provided to Deming and the Columbia Valley/Kendall area by the Whatcom Transportation Authority (WTA), line 72X. Local east -county law enforcement is provided by a full time resident Sheriff s Deputy that is based out of Kendall. The Rural Center of Kendall has a commercial district, fire station, and an elementary school. The Maple Falls area (including the Rural Center, Cascades West and Rivendell Estates) had a population of 213 in 2006. The town is the second to last on the way to Mount Baker. Most of the residents in Maple Falls live there year-round and access the beautiful natural areas frequently. Glacier is the final populated area in the subarea and houses the highest seasonal population. In 2006, the year round population of Glacier (including the Rural Center and surrounding developments) was 284. About 85 percent of the housing units are considered "seasonal, recreational, or occasional use." The Rural Center supports some restaurants, small shops and a convenience store. Seasonal residents of the community arrive for the skiing, snowboarding, and snowshoeing in the winter months and hiking and mountaineering during mild weather in the summer months. Vision On June 5 through 8 of 2006, Whatcom County hosted a series of four Vision Week workshops. The workshops, attended by about 175 members of the public, resulted in the following findings (more discussion can be found in the Vision Week Evaluative Summary, Studio Cascade, July 2006): Overall - Most of Vision Week's participants favored a continuation of the area's rural character, preservation of open spaces and habitat, and a resistance to population growth. Interestingly, participants also asked for transportation improvements, increased communications capabilities, increased activities for youth, and increased local employment opportunities. The two positions appear 2-4 140 Foothills Subarea Plan, Chapter 2 -Planning Commission Recommended Version June 24, 2010 to be contradictory, but not entirely unexpected in an area whose appeal is its beauty, slow-paced quality of life, and community values on social interconnectedness. People who reside or own property in the Foothills subarea, at least as represented in Vision Week, appreciate what the physical setting has to offer, even though they are not entirely satisfied with the lack of services and amenities that accompany rural isolation. Community - Participants identified the transportation system and a "sense of community" as important issues facing the subarea. They also identified the area's relative isolation, growth rate, public safety, recreation facilities, and challenges for providing public services as important issues. Given the thread of discussions during the work sessions, this is not surprising. What is surprising, however, is the relative unimportance given to employment and issues surrounding seasonal residents. Groups discussing other topics related to economy and growth saw these two issues as extremely important determinants and limiters of community and community success. While some may believe that local jobs and the presence of full-time residents are important to the subarea's success, they did not appear to be issues related to the overall sense of community. Economy - Those groups discussing the area's economy focused on local job creation and the enhancement of local businesses. They also considered access to local services important, attempting to create an economic environment of increased diversity and self-sufficiency. The primary focus appeared to be enhancing the primary industrial sector, which in this case would predominantly be in resource - based industry, and then developing a robust service sector to enable money to circulate within the local area before leaving the Foothills. Groups also cited improvements to the communications and utility infrastructure as important to improve the economic environment. Interestingly, there was a sentiment that governmental regulation, mostly through zoning, was an impediment to economic growth. Neither public transportation nor the reliance on commuting to Bellingham was considered terribly important by participants, but they were mentioned by some groups. Growth and Change - Groups discussing growth and change believed that transportation and public safety will be the most important issues for the community to address. Their comments indicated a general belief that the worst aspects of the transportation system and the most pernicious aspects of crime and drug use will project into the future uncorrected. This indicates a high level of awareness of certain current problems and a lack of confidence that the County can respond adequately to the challenges of growth ahead. Participants also recognized the potential for increased encroachment on natural resources and the resulting impact on domestic water supplies, access to recreational lands, and the conversion of agricultural and forest lands to other uses. Some believed that a more "sustainable" approach to growth management will be important, requiring some degree of regional collaboration in the face of increased resource scarcity. Many participants also foresee improvements to the communications infrastructure, enabling increased mobile telephone access and increased access to the Internet. Identity - The most prolific issue mentioned was the retention of the subarea's rural character. Participants overwhelmingly believed that rural character and the environment are fundamental components of the Foothill's identity. Public safety and the area's relative isolation also were important components, indicating the groups' awareness that there are drawbacks to the subarea's valued remoteness... drawbacks they are willing to accept to a degree. 2-5 141 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Land Use - Participants most frequently mentioned development density and design, rural character, and the prominence of small-town commercial centers during their discussion of land use issues. They were concerned with the subarea's changing character with the influx of new residents, hoping that new development will respect the low -density nature of the majority of the subarea and act to enhance the individuality and commercial vitality of the four commercial centers. There was little mention of the proposed development in Columbia Valley and its proposed addition of a fifth commercial center to the subarea. However, some did identify it by name, and other comments indicated that commercial centers and areas of higher development intensity should locate near population centers. Some participants also noted that enforcement of existing regulations has been lax, leading to concerns that implementation of the subareas policies and ensuing development regulations may be problematic. Transportation - Participants tended to focus on several repeated issues, concentrating on non - automotive facilities, transportation safety, public transportation, and the improvement of roads in and through the subarea. Comments sometimes directly contradicted each other, with some advocating for narrower roads, with facilities for non -motorized travel. Others desired increased rights of way and increased automobile capacity to facilitate movement by car in the face of coming growth. Most agreed that existing facilities for those who choose to walk or ride a bike are either unsafe or inconvenient, creating a hazardous and unattractive environment for non -automotive travel. Some participants acknowledged that the County's growth management and land use policies may not be consistent with its transportation policies, stating that road improvements and highway capacity increases will lead to increased development pressure. Some participants noted that bus service to the farthest reaches of the subarea is non-existent, and that the construction of a park -and -ride facility may increase transit ridership. Foothills Vision 2029 The Vision Statement adopted in this Subarea Plan for the 2029 planning horizon year is as follows: Whatcom County's foothills are and will continue to be rural in character, preserving open spaces and natural habitat. Foothills' residents value river and stream corridors, lakes, wetlands, hillsides, forest, fields, wildlife corridors, and clean air and water. Subarea residents value the Foothills' beauty, slow-paced quality of life and the sense that they know their neighbors. The Columbia Valley will become a fully -served urban area set within this rural context, providing a range of shopping, housing, and employment opportunities and accommodating the majority of neiv Foothills residents. The rural centers of Deming, Kendall, Maple Falls, and Glacier will continue to thrive without expanding, serving nearby residents and tourists alike, and securing their positions as civic, cultural and activity centers for the rural community. The rural centers will become increasingly complementary as well, working together to meet resident needs. The Foothills will continue to rely on other areas in Whatcom County for those services not provided in the subarea, and transportation and communication linkages to those areas will be improved as a result. In order to build a robust, sustainable local economy, traditional resource -based industry will continue, supplemented by value-added and cottage industries, and home -based businesses that will provide local employment and a population of diverse productive residents who live in the Foothills by choice. Land Use Planning Issues Much of the planning process focused on land use and the issues associated with the way in which the subarea develops. Land use conversations tended to focus on the following issues, in no particular order here: • Many Foothills residents are actually employed outside the subarea, resulting in long morning and evening commutes along SR 542 and SR 547. AM 142 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 • Foothills residents believe the urban -style development occurring in the Columbia Valley should be restricted to the UGA, with the balance of the subarea remaining rural in character. • The four Rural Centers each have created their own identities and add to the character and richness of the subarea. • The access and proximity to natural open spaces are vitally important to Foothills residents. • The Foothills population is surprisingly diverse given its relatively small number. • The Nooksack Tribe has acquired more property in Deming, enlarging its holdings and reducing the amount of land available for housing. The Mt. Baker School District has also acquired additional property in Deming. Deming residents wish to encourage more people to live in town, making land availability an issue. • Water and sewer districts may not have adequate sanitary sewer capacity or systems now in place to serve projected urban development in the Columbia Valley UGA. However, an update to the Water District 13 sewer plan is underway. • The Growth Management Act imposes requirements on "limited areas of more intense rural development' (LAMIRDs) that will impact how the four Rural Centers may develop in the future. • Forecast population growth will put more pressure on the Columbia Valley, and the four Rural Centers to a lesser degree, to accommodate additional housing. • Land supply and population forecast studies indicate that sufficient land exists to support forecast population. The arrangement and density of land uses impact the feasibility of providing adequate services with scattered or less dense development generally being more expensive to serve. This is especially important in the Columbia Valley, where provision of sanitary sewer will be necessary as population increases. Planning Concept "Rural character" is the most widely -cherished vision of the Foothills by Foothills residents. The Vision Week workshops, small town workshop, UGA workshop, policy workshop and the questionnaire confirmed it. The subarea plan is designed to retain and enhance the area's rural character, even though the area's population is likely to grow and even though the Columbia Valley urban growth area lies in the virtual center of the Foothills. The planning concept is relatively straightforward, given the need to accommodate a certain amount of population growth and to help the Columbia Valley UGA succeed. It consists of four fundamental elements that, when taken collectively, help to resolve some of the subareas challenges noted during the Vision Week exercises: • Encourage revitalization of and reinvestment in the four small town commercial zoning districts, enabling them to thrive as they serve surrounding rural areas. They are to act individually and collectively to serve the needs of Foothills residents and visitors. • Promote enough new development at sufficient intensity in the Columbia Valley to permit the provision of full urban services to the UGA, including sanitary sewer and low impact development storm water management systems. PEN 143 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 • Retain large -lot zoning requirements for those areas outside the Rural Centers, ensuring that open spaces, rural lifestyles and commercial forestry can continue to exist without pressure for conversion in the subarea. • Recognize that many Foothills residents will continue to rely on the Bellingham metro area for employment, entertainment, and shopping. These four fundamental elements dictate an overall pattern of land use for the Foothills, where development and activity are concentrated in Deming, Kendall, the Columbia Valley UGA, Maple Falls and Glacier. The rest of the planning area would remain mostly as it is, with low -intensity development widely dispersed and separated by natural open spaces, waterways, hillsides, and fields. Even so, the subarea will remain vitally connected to portions of Whatcom County west of the planning area. Land Use Scenarios The FSPAC considered two alternative land use scenarios and the "status quo' (no action) alternative, prior to developing a recommended land use scenario. Alternative # 1 was based upon informal discussions with FSPAC members, who represented their respective geographic areas (Deming, Columbia Valley/Kendall, Maple Falls, and Glacier), subject areas (business, forestry, rural), and Tribal interests. This alternative included concepts such as a town center designation in the Columbia Valley UGA, a new small-scale recreational tourist zone in Glacier, and recognizing Tribal ownership in the Deming area. Alternative # 2 was primarily based on a strict reading of the Growth Management Act's "limited areas of more intensive rural development" (LAMIRD) criteria. In some cases, this alternative considered scaling back development allowed in these areas. The "status quo" alternative retained existing comprehensive plan and zoning designations. The FSPAC considered all of these alternatives and, by selecting one of the alternatives for a certain area, combining elements of different alternatives, or adding new ideas, formulated a recommended land use scenario. After considering all three of the land use scenarios, the FSPAC recommended a hybrid approach. Their recommendation is based on their understanding of the best possible arrangement of land use to address the Foothills' issues, sustain rural character, and attain the subarea's vision of the future. Adopted Land Use Scenario The adopted land use scenario, included here, is shown on the following maps and targets six main areas: • It provides for an expanded Small Town Commercial zoning district in Deming, taking in property west of the existing Small Town Commercial zone, most of which is owned by the Mt. Baker School District. • It retains Welcome as a Rural Business area. • It separates Kendall from the Columbia Valley UGA, allowing for the construction of new commercial or civic facilities within the Small Town Commercial zoning district, while protecting rural character along the Mt. Baker Highway corridor. • It incorporates a new town center concept near the center of the Columbia Valley UGA. The town center concept proposes the mixing of commercial, residential and institutional land uses. • It retains the Rural Center designation at Maple Falls. ►Z:1 144 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 • It retains the Rural Center comprehensive plan designation for Glacier, permitting small-town commercial and residential development consistent with that community's importance as a tourist and seasonal residential focus. It also retains the already developed residential areas on Glacier's east side within the Rural Center designation. 2-9 145 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Deming Map 2.1 Comprehensive Plan Designations Title 20 Zoning Designations M Urban CxowthArea UR(e) - Urban Readenhal 4 dull ac Nwwa Tnx Onnenh,p o 3� 7010 Urban Growth Area Reserve RR(3) - Residential Rural 3 dull ac RR(1)- Residential Rural -l dull ac .. - Rural RR(t0l- Residential Rural I ou/10 ac Rural Busineea R(2) - Rural 1 du/2 ac eeO�nor+s� IIIIII� Rural Center R(5) • Rural 1 dul5 ac RI IO) - Rural -1 dulto ad AgtiWture AG-Agricuaure RF-Rural Forestry Whateom County ..Rural Forest ry CF - Commercial Forestry Foothills Subarea Plan Update Commercial Forestry STC - Small Town Commercial 2070 MnerA Resource Land GC - General Commercial RC • Resort Commercial v _� ,� , •,� , Federal 2-10 146 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 IA1wIwwrrr�w rrc116v111c map A.'d R1 / ;rr cF -' L / /.� r _ R(1:0) k r� �''�~•s'R r R 5 R(5) ! �' =.i I R(5) r,•a R`0 �R 5 Comprehensive Plan Designations Title 20 Zoning Designations - Uroan GrcwUlh Are. UR(4) - Urban Resdential 4 dW 1 ac �N,` Urban Growth Area Reserve RR(3) - Residential Rural 3 duil 20 - Rural RR(1) - Residential Rural - 1 dull ac RR(10)-ResdenbaI Rwal t dW10 ac - Rural Bus ness R(2) - Rural 1 dt02 ae. R(5) - Rural 1 dW5 ac. - Rural Center R(10)- Rural - 1 dullO ac Aqm ftre AG -Agriculture RF - Rural Forestry T Rural Forestry CF - Commercial Forestry Commercial Forestry STC - Small Town mm Coeraai IIIIIII� t,Nnaral Resource Lard GC - General Commercial RC -Resort Resort Commercial Federal 2-11 a7' e9' 2010 °nrno•+R Malcom County Foothills Subarea Plan Update 2010 147 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 A ■ ■ • ` / a ■ Comprehensive Plan Designations Union GmyAh Area ;elf, Planned Town Center !ram Urban Growth Area Reserve PotEml4l Planned tight Impact Industrial -- Ru4 ``N panned Light - Rural Busness Impact Industrial - Rural Center Agriculture e Rural F..ty F Commercial Forestry - lAneral Resource Land Federal Title 20 Zoning Designations UR(4) - Urban Residential 4 dull ac RR(3) - Residential Rural 3 dull ac RR(1) -Residential Rural - 1 dull ac RR(10) - Reaudenbal Rural 1 du110 ac R(2) - Rural 1 dul2 ac. R(5) - Rural 1 dul5 ac. R(10) - Rural - 1 du/10 ac AG - Agriculture RF - Rural Forestry CF - Commerml Forestry STC - Small Town Commercial GC - General Commeroal RC - Resort Commercial 2-12 oCir+ 1010��'S°?� soh-ewNC01� whatcom County Foothills Subarea Plan Update 2010 Foothills Subarea Plan, Chapter 2 - Planning Conunission Recommended Version June 24, 2010 Maple Falls Map 2.4 Comprehensive Plan Designations Title 20 Zoning Designations Urban CxrMh Nee UR(4)- Urban Residential 4 dull ac Urban Grw& Area Reserve RR(3) - Residential Rural 3 dull ac Rurel RR(1) - Residential Rural - t dull ac _ Rural Business RR(10) - Residential Rural 1 du! t 0 ac R(21- Rural 1 du/2 ac. Rural Center R(5) - Rural 1 duf5 ac. R(10) - Rural - 1 CW10 ac Agriculture AG-Agricullure v, Rural Forestry RF- Rural Forestry CF . Commercial Forestry Commercial Forestry STC - Small Town Commercial IIIII' Mneral Resource Land I� GC - General Commercial RC - Resort Commercial Federal 2-13 4 1t4`ar cps e a d '"I lRy'��•t a0nrwry�� Whatcom County Foothills Subarea Plan Update 2010 149 Foothills Subarea Plan, Chapter 2 -Planning Commission Recommended Version June 24, 2010 Glacier Area Map 2.5 .,54cy�aT - S ... �,�.c c�"�'i`•. � � ice:" RF RR3 r� STC R(10). RC "rA`'fie.}4. e •rr. ake�N.4hWay RC I - ' x� H ti ` Ez,fY RR(10) ...RFt(,10) RR3 � 3CF, %I d { i Comprehensive Plan Designations Title 20 Zoning Designations ® Urban Growth Area UR(4) - Urban Residential 4 dull ac. �&\ Urban Growth Area Reuse RR(3) - ReWential Rural 3 du(1 ac Rural RR(1) - Residential Rural - 1 dWt ac RR( 0) - Residential Rural 1 dW10 ac ® Rural Business R(2) - Rural 1 dul2 ac. Rural Center R(5) - Rural 1 du(5 ac ® R(10) - Rural - 1 du110 a< Agnculture AG-Agnoulture RF - Rural Forestry Rural Fassuy CIF - Commercial Forestry Commercial Forestry STC - Small Town Commercial ® Mnaral Resource Land GC - General Commercial RC - Resort Commercial . Federal 2-14 a'O'ple `°�.., V, 2010 �oao!s M rJ Whateom County Foothills Subarea Plan Update 2010 150 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Land Use Designations and Zoning The adopted scenario uses the land use designations and development densities already contained in the County's comprehensive plan and zoning, with the exception of a new designation to implement the town center concept in the Columbia Valley UGA, new planned light impact industrial designations in the UGA, and a new overlay designation to recognize Nooksack Tribal ownership. Plan Land Use UGA (Urban Growth Area) UGA Reserve Rural Rural Center Rural Business Agriculture Rural Forestry Commercial Forestry MRL (Mineral Resource Lands) Planned Town Center - New Designation Planned Light Impact Industrial (New Designation) Potential Planned Light Impact Industrial (New Designation) Nooksack Tribe Ownership (New Overlay Designation) LAMIRD Identification Title 20 Zoning Designations LII - Light Impact Industrial (may be applied in the future) GC - General Commercial NC - Neighborhood Commercial STC - Small Town Commercial RC - Resort Commercial UR4 - Urban Residential 4 units/acre RR10 - Residential Rural one dwelling/10 acres RR3 - Residential Rural 3 units/acre RRl - Residential Rural 1 unit/acre R2 - Rural 1 unit/2 acres R5 -Rural 1 unit/5 acres R10-Rural 1 unit/ 10acres AG - Agriculture CF - Commercial Forestry RF - Rural Forestry MRL - Mineral Resource Lands (overlay zone) What the adopted scenario identifies as a "Rural Center' land use designation is a limited area of more intensive rural development (LAMIRD). This scenario allows for the continued existence of the four Rural Centers, encouraging reinvestment in closely contained areas to ensure that they will continue to serve the needs of Foothills residents and visitors. For the most part, these Rural Center designations represent development (either in terms of structures built or land subdivided and improved) in place prior to 1990. Open Space There are many public benefits of conservation of open space. To paraphrase the Nature Conservancy, the American Farmland Trust, and the Whatcom Land Trust, public benefits of open space include the following: • Protect water quality and air quality, by conserving forests and watersheds; • Conserve watersheds and aquifers, helping ensure a clean supply of water for all of us; • Preserve wildlife habitat; • Preserve open space; • Preserve and conserve farmland, ranchland, timberland, forests and rivers; 2-15 151 Foothills Subarea Plan, Chapter 2 - Planning Conunission Recommended Version June 24, 2010 • Maintain rural character of our communities, neighborhoods and forests and mountains; • Maintain traditional, historic uses of property, that add to the rural character; • Buffer public lands from residential and commercial development; • Maintain landscapes and views for tourism; • Preserve historical and cultural sites; • Preserve scenic beauty; • Preserve rural quality of life; • Competitive attractiveness of open space as factors attracting retirees, tourists, labor supplies and businesses; Perhaps most interesting is the following benefit: • Require less in public services than other uses of the property. Lands for Public Purpose The subarea plan establishes a range of land use designations permitting a variety of land uses, allowing forestry, rural housing, rural center development and an urban growth area. RCW 36.70A.150 requires that Whatcom County "identify lands useful for public purposes, such as utility corridors, transportation corridors, landfills, sewage treatment facilities, storm water management facilities, recreation, schools, and other public uses." This subarea plan encourages the retention and development of public uses in the UGA, Rural Centers and its vast open spaces, realizing that the nature of public purposes will vary from one area to the next. In the Columbia Valley UGA, the subarea plan allows for development of public land uses within the Planned Town Center. These will be land uses that provide governmental or other institutional services to the UGA's residents. The Mt Baker School District and the East County Regional Resources Center are already looking to develop facilities in the Columbia Valley. in addition, the UGA will eventually need sanitary sewer service for its entirety, possibly requiring the dedication of additional land for wastewater treatment. There is now some land set aside for the existing treatment facility, but an expanded system may require more. That could take the form of either an expanded facility at the existing site or a new facility at a separate location. Storm water management will become increasingly important, as well, as the Columbia Valley becomes more intensely developed. Current storm water management strategies dictate that flows be managed on site, minimizing impact to flows on adjoining properties. That may become impractical in some areas, however, depending on the intensity of development, the amount of surface flow and proximity to Kendall Creek and its associated wetlands. Subarea policies direct the County to monitor the Columbia Valley's environmental conditions as development intensifies, ensuring that storm water management practice, as well as the land necessary to slow, contain and treat surface runoff, are appropriate to conditions. The Columbia Valley UGA is served by public water and sewer. 2-16 152 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 The Rural Centers will also include land devoted to serving public purposes, in many cases to the degree that will define the identity and influence the functions of the four Rural Centers. Deming hosts the Mt Baker School District offices, Mt Baker High School and Junior High, Nooksack Tribal offices, and Deming Library (which is just north of the Rural Center boundary). Welcome is the home of the subarea's only senior center. Kendall now hosts the Kendall School and the Fire District 14 station. Through an agreement with the Cemetery District, a Whatcom County Library System branch library is currently located in Maple Falls. There are plans to re -locate this library to Kendall. Glacier has a small park. Deming and Maple Falls contain a post office. The Rural Centers also have water purveyors. The more rural areas also contain land devoted to serving public purposes. Silver Lake Park, Deming Homestead Eagle Park, Canyon Lake Community Forest, Ostrom Conservation Site and the various trails throughout the subarea all serve public purposes, uniquely located and developed to meet the community's recreational, economic, social, or environmental needs. This subarea planning concept anticipates the need for and identifies land suitable for public purposes, both in its maps and its policy. Foothills Subarea Plan Goals and Policies The subarea plan recommends amending Whatcom County Comprehensive Plan Policy 2AA-12. The amendment of Policy 2AA-12 is recommended because the subarea planning process investigated the possibility and feasibility of rezoning land on Limestone Road for light impact industrial use and found that the time is not yet right for such a rezone. While the plans for the Columbia Valley UGA call for the inclusion of industrial uses in the UGA, there is not now pressure from property owners or sufficient demand to support a light impact industrial use. Policy 2AA-12 is proposed for amendment as a direct result of the community's discussion regarding the need for and likelihood of the development of a light impact industrial or business park style development in the UGA. While many believed that the provision of jobs in the Columbia Valley was absolutely vital, many also believed that there is not now a particularly attractive place available for such a project to locate. Limestone Road is an appropriate location, but a site closer to its intersection with Kendall Road (SR 547) may actually be more attractive to potential developers and users. Amending the policy allows for more flexibility. 2-17 153 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Goal LU1 — Preserve the natural beauty, open spaces, rural character and slow, rural pace of life in the Foothills, prized by Iona -term residents and newcomers alike. LU1-A Discourage residential development on steep slopes and in forestry and agricultural areas. LU1-B Strongly discourage rezoning of Commercial Forestry zones to allow more dwellings or increased intensity of use. LU1-C Strongly discourage rezoning Rural Forestry zones to allow more dwellings or increased intensity of use. This policy does not apply to the Rural Forestry zone located in the Columbia Valley UGA, north of Limestone Rd., as designated in the 2011 Foothills Subarea Plan. LU1-D Strongly discourage re -designation of Rural Forestry and Commercial Forestry Comprehensive Plan designations to Urban Growth Area. LU1-E Encourage urban levels of development only in the Columbia Valley UGA. LU1-F Expand the rural economic base by supporting renewable natural resource industries, home occupations, cottage industries, forestry and agriculture. LU1-G Open space preservation is deemed a very important component of preserving the rural character of the Foothills Subarea, and is strongly encouraged wherever possible. The Foothills Subarea Plan encourages the preservation of open space for the reasons listed above. To accomplish this, representatives of nonprofit conservation groups and local, county and state entities should hold a public forum and/or conference once every two years at a location in the Foothills, rotating from Glacier to the Columbia Valley UGA to Deming. Education and assistance should be provided by Whatcom County as to the different vehicles available by which to preserve open space, including but not limited to donations of land or conservation easements, purchases of land or conservation easements, reserve tracts or conservation easements on open space in cluster developments and planned unit developments, purchases of development rights, and other methods as may be developed from time to time. LU1-H Future development in rural areas should be low density, complement existing rural character, contribute to the conservation of agricultural and forest land and not result in demands for urban -level services. LU1-1 To maintain rural character, open space, and wildlife habitat, rezoning from RIOA to RSA, rezoning from RIOA to R2A, and rezoning from R5A to R2A are discouraged. 2-18 154 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Goal LU2 — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. LU2-A Encourage the integration of mixed uses, open spaces, and civic places into the Columbia Valley UGA. LU2-B Acquire parks and other land for community facilities, allowing the provision of community services to keep pace with and be provided at a scale commensurate with the area's growing population, while ensuring the protection of wildlife habitat. LU2-C Encourage low impact development techniques for storm water best management practices and connection to public sewer to protect surface and ground water. LU2-D Density and revitalize the Columbia Valley UGA before considering expansion of the UGA for non -industrial land uses. LU2-E Link UGA neighborhoods to the Kendall Elementary School and the Kendall Small Town Commercial zone with convenient pedestrian, bicycle, public transit, and auto connections. LU2-F Study and, if feasible, facilitate incorporation of the Columbia Valley UGA. LU2-G Urban residential development should be planned in areas that can be economically and efficiently served with existing or planned services, optimize energy use, function as integral neighborhood units and can environmentally support intensive land uses. Goal LU3 — Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. mg,Yy r as.-111!1 a a • ,`ids 0 OWN Iffll LU3-A Encourage development patterns that promote walking, bicycling and the use of public transit. LU3-B Maintain the outer boundary for each Rural Center, prohibiting the expansion of zoning districts that allow commercial uses, intense new residential developments, and light industrial uses beyond those boundaries. LU3-C Create and adopt a set of design guidelines for the small town commercial zoning districts to ensure that new structures, street improvements, landscaping and grading enhance the community's character. LU3-D Permit attached housing in the small town commercial zoning districts, particularly as upper floor units above ground -level retail storefronts, consistent with each small town's adopted design guidelines. LU3-E Adequate community and neighborhood commercial facilities should be encouraged in appropriate locations while avoiding incompatible land uses and the proliferation of unnecessary new commercial areas. LU3-F Acknowledge existing patterns of commercial uses and to provide for additional future development by designating certain areas as concentrated centers for commercial activities. 2-19 155 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Goal LU4 — Provide for increased employment opportunities in the Foothills LU4-A Encourage development of light impact industrial or business park land uses in the Columbia Valley UGA in areas planned for light impact industrial uses. LU4-B Coordinate with local and regional economic development agencies and educational institutions to foster job creation and job training in the Foothills. LU4-C Encourage the availability and connectivity to utility services for potential light impact industrial or business park sites. LU4-D Recognize that the Foothills' natural setting is a major attribute of the area's quality of life. Incorporate this value into the planning process when considering future economic development. LU4-E Commercial projects should avoid lineal development patterns. Goal LU5 — Recognize and encourage a high level of cultural and social diversity in the Foothills. LU5-A Provide public squares and other similar types of public gathering spaces in or near the centers of the small town commercial zoning districts and in the town center of the Columbia Valley UGA. LU5-B Support the recognition and preservation of culturally significant sites within the Foothills and encourage collaboration with the indigenous Cultural Community in developing a process for identification, management and protection of these sites within the Foothills subarea. LU5-C Support the recognition and preservation of historically significant sites within the Foothills and encourage federal, state, county and local collaboration in developing a process for identification, management and protection of these sites within the Foothills subarea. LU5-D Continue the identification of cultural and natural resources and formulate viable methods to preserve and conserve such resources in recognition of their irreplaceable character. Goal LU6 — House Foothills residents in safe and comfortable neighborhoods affordable to a variety of incomes. LU6-A Collaborate with local and regional foundations and agencies, such as the Kulshan Community Land Trust, to provide or facilitate provision of affordable housing units, primarily in Deming and in the Columbia Valley. LU6-B Provide incentives to builders who dedicate a certain percentage of housing units to low or low -moderate income or other special needs households in Deming and the Columbia Valley UGA. 2-20 156 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Goal LU7 - Enhance resident and visitor access to the Foothills' recreational opportunities. LU7-A Encourage open space in subdivisions, linking open space into a trail system where feasible, while ensuring the protection of wildlife habitat. LU7-B Invest in identified parks improvements. LU7-C Encourage efficient land use patterns that will promote the economic viability of resort areas and cooperate with special districts and other governmental agencies to provide services. LU7-D Ensure that land use patterns and park and recreation planning mutually support each other, are consistent with the adequate provision of recreational opportunities for residents, encourage tourism, and conserve and enhance existing public investments and resources, while ensuring the protection of wildlife habitat. Goal LU8 - Provide a network of recreation and transportation -oriented trails interconnecting the Columbia Valley UGA and Rural Centers and linking populated areas to recreational open spaces. LU8-A Encourage open space dedications to link into a coordinated trail system. Goal LU9 - Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea. LU9-A Encourage open space in subdivisions, linking open space to respect and enhance continuous habitat corridors where feasible. LU9-B Whatcom County shall encourage development design that minimizes the amount of impervious surfaces including streets, driveways, sidewalks and other impervious surfaces whenever possible. LU9-C Encourage utilization of steep slopes (greater than 15 percent) or unstable slopes for open space or forestry. Discourage residential development on steep slopes and in forestry and agricultural areas. LU9-D Encourage the use of "green" materials and Low Impact techniques in all types of construction. Goal LU10- Ensure the Foothills Subarea remains a safe place in which to reside, operate a business, and visit. LU10-A In the Columbia Valley UGA, incorporate proper design in commercial and multi -family developments to reduce the fear and incidence of crime, such as installing appropriate nighttime lighting and orienting windows and doors to facilitate casual viewing of public spaces. LU10-B Impose impact fees for roads, parks, and schools on new development within the Foothills Subarea commensurate with Whatcom County ordinances. 2-21 157 Foothills Subarea Plan, Chapter 2 - Planning Commission Recommended Version June 24, 2010 Goat LU11 — Implement a concise, equitable and practical set of land use regulations intended to carry out the goals, policies and proposals of the Foothills Subarea Plan in a timely and orderly fashion. LU11-A Promote a conscientious program designed to plan, guide and influence the appropriate location, timing, intensity, type and servicing of diverse land use patterns. LU11-B Determine the required amounts of land anticipated to be utilized within the planning period (20 years) while retaining options for future land use decisions beyond the planning period. LU11-C Encourage a predictable pattern of development in the subarea which utilizes previously committed land areas and existing facility investments before committing new areas for development. LU11-D Assure opportunity for citizens to be involved in the formulation of land use goals, policies and proposals and provide a structure for citizen participation in the planning program of federal, state, regional and local agencies. LU11-E Participate in intergovernmental coordination with federal, state, provincial, regional and local agencies, develop a coordinated approach to problems which transcend local government bodies and create an environment for the exchange of information and technical assistance. LU11-F Consider permit metering if the carrying capacity of public services has been met by existing development. LU11-G Comprehensive plan designations, development regulations, and incentives shall be provided that will encourage visitors to the area. These include the preservation of the area's scenic beauty, historic features and rural character, as well as improved access to shorelines and recreation facilities. Goal LU12 — Develop a functional, coordinated and multi -modal transportation system which provides for the safe and efficient movement of people and goods, avoids undesirable environmental impacts, and optimizes public investments and the conservation of energy resources. LU12-A Site plans should encourage the use of pedestrian and/or bicycle ways by providing, for use by the general public, bicycle trails, pedestrian pathways and street crossings that link and extend pathways connecting to public recreational or view areas. LU12-B Bikeways and/or pedestrian ways should be provided in new developments in the Resort Commercial zone and Columbia Valley UGA designation to link residential areas, shopping areas, recreational areas and educational facilities. 2-22 158 Foothills Subarea Plan, Chapter 3 - Planning Commission Reconunended Version June 24, 2010 3 Housing Single-family dwellings on 5,10 or more acres traditionally characterized housing in the Foothills Subarea. In the Columbia Valley UGA, specifically Paradise Lakes and Peaceful Valley, development is significantly more dense. In this area, the housing is a mix of mobile homes and single-family dwellings on lots varying in size. According to 2006 Assessor's data, more than half of the dwellings within the Columbia Valley UGA were identified as mobile homes. There is also dense development at Mt. Baker Rim and Snowline in Glacier. Existing Conditions The Foothills are removed from metropolitan Whatcom County, and the housing found in the subarea is consistent with what might be expected in a generally rural community. Some homes are grand, on large parcels overlooking beautiful natural vistas. Some are quite modest, on small parcels, clustered in communities that include a mix of site built and manufactured housing. Many fall in between. Deming is the westernmost community in the subarea. The Nooksack Tribe has a significant presence in Deming, and the Tribe's acquisition and development of land in central and eastern Deming has resulted in the construction of a casino, parking lots and administrative offices. Deming is also home to the Mount Baker School District offices, Mt. Baker Junior High School and Mt. Baker High School. Housing in Deming is generally old and in short supply, with the land to the immediate west of the community the only likely area for expanding the housing stock. Maple Falls and Glacier both mix full-time and seasonal residences. The Glen at Maple Falls is composed of a variety of recreational units that cater to seasonal residents. Glacier's Snowater, Mt Baker Rim and Snowline residential developments also cater to seasonal residents. Glacier also has condominiums. The majority of housing units in Glacier are seasonal housing units that remain largely unoccupied for months out of the year. These homes serve as second homes and are larger and often located in gated communities on the towns fringe. According to the 2000 Census, the majority of homes in the Peaceful Valley CDP were built between 1970 and 1989. This is representative of the boom that occurred during this time in the Columbia Valley. A quiet forest quickly became a bustling vacation community designed to serve Canadian visitors and people seeking a second home in the country. In data gathered with a questionnaire during the public participation process of developing this plan, respondents frequently said they wanted additional law enforcement and their communities cleaned up. Affordable Housing Homes in the Foothills are generally less expensive than those in other areas of the county to the west. In 2006, the median price for a residential unit (house, manufactured home, condominium) in the Foothills was approximately $163,000. The median price for a residential unit in Whatcom County was $260,500. 1 1 Median price figures were obtained through the Northwest Multiple Listing Service, June 2007. Figures only include those sales conducted by realtors in the Foothills Subarea and do not include sales by owner. 3-1 159 Foothills Subarea Plan, Chapter 3 - Planning Commission Recommended Version June 24, 2010 Information obtained on rental rates for this subarea plan was largely anecdotal due to the mix of rental types in the subarea. Rental housing in the subarea generally falls into two types: seasonal and non- seasonal. Non -seasonal rentals are usually rented monthly and rates depend on the type of unit. A manufactured home built between 1990 and 2007 will rent for between $700 and $900. An older manufactured home or single -wide will rent for between $300 and $500 a month in the Foothills. A stick frame home will rent for between $800 and $1400 per month. Rent may be slightly higher for homes on acreage that the renters may use for livestock or cultivation. Whether a resident owns or rents in the Foothills, in order for housing to be considered affordable, its cost must not exceed 30 percent of the household's annual income. Whatcom County Comprehensive Plan Goals and Policies Relevant housing goals and policies are contained in the Whatcom County Comprehensive Plan. In accordance with the GMA, Whatcom County's housing goals and policies encourage provision of housing to all income and special needs households, encouraging the activities of various housing providers to ensure all who reside in Whatcom County do so in safe and appropriate conditions. Housing Issues The Foothills subarea is growing. Though the subarea is relatively distant from Bellingham, many subarea residents make the commute. Many are attracted to the Foothills because of the relatively lower costs for housing and because of the areas beauty. An increasing population, the pressure to provide housing affordable to a wide range of incomes and the community's desire to sustain a rural character all combine to generate several issues the subarea plan must address. • Many of the subarea's subdivisions and housing units were originally intended to serve seasonal visitors. Many of these seasonal residences are now becoming full-time residences. • The community is aware of the need to provide affordable housing, but the subarea's rural context and density restrictions limit opportunities in areas outside of the Columbia Valley UGA. • Housing in Deming is in short supply, but the areas to the west of the high school may offer opportunities for additional housing development. • Increased population growth in the Columbia Valley UGA may necessitate development of mixed -use and attached housing. • Increasing attractiveness of the Rural Centers may generate pressure to develop residential units above the commercial districts' storefronts. • Housing prices in Whatcom County have increased from their 2000 median price of $155,700 to a 2006 median home price of $260,500 (the median price of a home in Whatcom County in 2009 was slightly below 2006 levels). As of 2006, the median price a home was selling for in the Foothills was $163,000. • The community identified property maintenance and the apparent decline in some of the subarea's neighborhoods as an important issue. 01% 160 Foothills Subarea Plan, Chapter 3 - Planning Commission Recommended Version June 24, 2010 Seasonal Dwellings Compared to the rest of Whatcom County, the Foothills Subarea has a higher percentage of dwellings that continue to be maintained as "seasonal, recreational, or occasional use' homes. In the Foothills Subarea, 29 percent of the homes were for seasonal, recreational, or occasional use in 2006. Most of these homes are located in the Glacier area in developments: Mt. Baker Rim, Snowline Subdivision, Snowater and Snowline Condos, Glacier Springs, and Glacier Greene. Table 3.1 - Dwelling Unit Analysis, Foothills Subarea and Whatcom County Year % Seasonal, %Seasonal, Vacant Recreation, al Total Area Round Year Recreational, (unoccupied) Occasional Vacant Dwellings Dwellings Round Occasional Dwellings Dwellings Foothills 2,258 66.5% 983 29.0% 153 4.5% 3,394 Subarea Whatcom 64,434 87.2% 5,946 8.0% 3,501 4.7% 73,893 County Source: 2000 Census (Whatcom County figures), and Foothills Subarea Plan Advisory Committee Record of Decisions and Recommendations, attachment. December 6, 2006. (Foothills Subarea figures) Seasonal units can be broken down into two categories: weekly and monthly rentals. Weekly rentals within subdivisions in the subarea - specifically around Glacier and Maple Falls - range from $800 to $1500 per week depending on the number of bedrooms, whether the unit is furnished, and whether or not the owner provides cleaning services. Monthly rentals range from $300 to $400 per bedroom a month based on the number of rooms and quality of the unit. Although they are not considered dwelling units, there are significant number of recreational units in Black Mountain Ranch, Camper's Paradise, and The Glen at Maple Falls. Table 3.2 - 2006 Dwelling Unit Estimates Seasonal, Vacant Area Year Round Recreational, (unoccupied) Total Dwellings Dwellings Occasional Dwellings Dwellings Columbia Valley Urban 1,239 126 16 1,381 Growth Area Glacier 22 10 5 37 Glacier area - Mt. Baker 40 239 22 301 Rim Glacier area - Snowline 35 191 6 232 Subdivision Glacier area - Snowater & 3 210 11 224 Snowline Condos Glacier area - Glacier 28 68 5 101 Springs/Glacier Greene Maple Falls 29 0 2 31 Maple Falls area - Cascades West/Rivendell 47 3 5 55 Estates Deming Rural Center 76 3 5 84 Remaining Subarea 739 133 76 948 Foothills Subarea Total: 2,258 983 153 3,394 Source: Foothills Subarea Plan Advisory Committee Record of Decisions and Recommendations, attachment. December 6, 2006. 3-3 161 Foothills Subarea Plan, Chapter 3 - Planning Commission Recommended Version June 24, 2010 Camper's Paradise, The Glen at Maple Falls, and Black Mountain Ranch accommodate approximately 2,500 recreational units (RVs and park models). Planning Concept The housing assumptions and planning concepts for the Foothills are stated in the following bullet points: • Over the long-term, it is anticipated that market forces will drive housing prices up in the subarea, and affordable housing should be located in Deming and the Columbia Valley. • The percentage of full-time residents will continue to increase, and the range of services and housing types in the Columbia Valley UGA and Rural Centers should be positioned to respond to the change in demand. • Existing neighborhoods in the Columbia Valley UGA should be enhanced, with increased emphasis on property maintenance and other strategies to arrest decline and increase public safety. • Providing affordable housing in a manner consistent with the subarea's rural character will require innovation and partnerships between the public and private sectors. Housing Needs Based on the population forecasts included in this subarea plan, it appears that simply providing land for the development of necessary housing will not be a problem. Appropriately designated land exists to support the number of housing units necessary to house expected Foothills residents. The table below illustrates the estimated number of housing units that will be necessary in 2029 to accommodate forecast Foothills population growth. Table 3.3 - Protected Subarea Dwelling Units by Location, 2006-2029 Assumed Pop. Estimated New 2006 Residents/ Increase Units Needed 2006 Pop. Dwelling Dwelling 2006-2029 2006-2029 Units Unit Columbia 3,853 1,381 2.79 1,147 515 Valley UGA Glacier 284 895 2.00 113 57 Maple Falls 213 86 2.48 41 16 Deming 220 84 2.62 42 16 Rural Center Remaining 2152 948 2.27 411 181 Subarea Total 6,722 3,394 1,754 785 Source: The 2006 population is from Table 1.1 in chapter 1. The 2006 dwelling units are from Table 1.2 in chapter 1. The assumed residents/dwelling are primarily derived from Tables 1.1 and 1.2. The population increase is from Table 1.5 in chapter 1. The art of housing the Foothills population lies in accommodating low -to -moderate -income households and creating a residential land use pattern that enhances neighborhoods and allows for the provision of appropriate utility services. 3-4 162 Foothills Subarea Plan, Chapter 3 - Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals and Policies Goal H1 — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. H1-A Mix housing types through a variety of zoning and development incentive programs to facilitate development of housing for all income sectors in the UGA. Goal H2 — Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. H2-A Encourage development of apartments and condominiums in upper floors of buildings in small town commercial zoning districts. Such development should be consistent with each town's design guidelines, once they are adopted. H2-B Encourage development of housing within easy walking distance of small town commercial zoning districts. Such development should be consistent with each town's design guidelines, once they are adopted. Goal H3 — Provide for increased employment opportunities in the Foothills. H3-A Develop a comprehensive housing rehabilitation program to remediate substandard housing. H3-B Support code enforcement efforts to abate violations. Goal H4 — Recognize and encourage a high level of cultural and social diversity in the Foothills. H4-A Provide for a variety of housing types in the Foothills. H4-B Locate higher density housing in small town commercial zoning districts and in the Columbia Valley UGA. Such development in small town commercial districts should be consistent with each town's design guidelines, once they are adopted. Goal H5 — House Foothills residents in safe and comfortable neighborhoods affordable to a variety of incomes. H5-A Use zoning to ensure an adequate supply of affordable housing is provided in the Columbia Valley UGA. H5-B Maintain the existing no shooting zone in the Columbia Valley UGA. H5-C Encourage the County Council to establish no shooting zones in the small town commercial zones, not intending to interfere with existing businesses. 3-5 163 Foothills Subarea Plan, Chapter 3 - Planning Commission Recommended Version June 24, 2010 Map 3.1: Housing Foothills Subarea Plan - Housing Housing Types -Assessor Codes 2007 Modular/Mobile Single Family Mulfi Family _ Vacation Homes/cabins - Park Model (Seasonal Use) OFoothills Subarea Boundary Note: The colorw areas on the map rehect me parcel vita. //Ureve /a one house on a large parcel, the entire Parcel rill he co7orOd_ 3-6 iev°"r�Tb °' SAY Cb bvy� �- � •ins £', \ t e� September 20P/ shw •'+vew.�•+ 0 o.37W7,3 t,s 225 a 164 Foothills Subarea Plan, Chapter 4 - Planning Conunission Recommended Version June 24, 2010 4 County Capital Facilities The Whatcom County Comprehensive Plan provides a comprehensive and current listing of the County's capital facilities and the projects proposed in the future. The plan documents level of service requirements, necessary improvements, anticipated costs and likely sources of funding. Existing Facilities County capital facilities in the Foothills subarea are limited to parks, trails, an activity center, and Sheriff's facilities. Roads are also considered capital facilities, but they are discussed in the Transportation chapter of this subarea plan. Capital facilities that are not owned or operated by Whatcom County, such as water & sewer, fire protection facilities, and schools, are addressed in other chapters of this subarea plan. The table below identifies the County capital facilities now in place in the subarea, provides the standard Whatcom County uses to measure level of service, and indicates whether there is a surplus or deficit in the subarea based on the 2006 population estimate of 6,722. Table 4.1 — Existing County Facilities Facility County -wide Level Total Surplus/Deficit of Service Standard Needed Parks Silver Lake Park, 412 acres 9.6 Acres/1,000 64.5 acres 381 acre population surplus Deming Homestead Eagle Park, 33 acres Welcome Bridge Access, .6 acres Trails Silver Lake Trail, 3.1 miles 0.60 miles/1,000 4 miles 8.5 mile surplus population Bay to Baker Trail (portions of the Maple Falls to Glacier segment), 4 miles Canyon Lake Community Forest Trail, 4.5 miles Ostrom Conservation Forest Trail, .66 miles Deming Homestead Eagle Park Trail, .30 miles Activity Welcome Senior Center Five centers/100,000 .33 centers .67 surplus Centers population Sheriff's Satellite office at Kendall Fire Hall .26 square feet/capita 1,748 1,627 square Facilities (121 square feet) foot deficit Whatcom County also ozons 73 acres for parkland in Maple Falls, but it is undeveloped except for trail access to the Bay to Baker Trail. Level of service standards are applied on a county -wide basis, rather than on a subarea basis. Therefore, although the surplus/deficit calculations shown above may provide useful planning information, they do not determine whether the County is in compliance with level of service standards. In addition, even 4-1 165 Foothills Subarea Plan, Chapter 4 - Planning Commission Recommended Version June 24, 2010 when there is a "surplus" of a certain type of facility in the subarea, there may still be a real need for additional facilities. For example, there is a "surplus" of parkland in the subarea because of the presence of a regional park, but there is still a need for neighborhood parks near population centers. Additionally, there is a large deficit for Sheriff's office space. This may reflect a real need in the Foothills Subarea, but it must also be considered in the context of the County's proposed model of providing a centralized law and justice campus near Bellingham with a satellite office in the Foothills Subarea. Whatcom County Comprehensive Plan Goals and Policies The County's comprehensive plan contains a range of capital facilities planning goals and policies and conforms with the requirements of the Growth Management Act. This subarea plan proposes no amendments to those goals and policies, instead choosing to supplement them as appropriate based on community participation in the subarea planning process. Capital Facilities Issues Expanding capital facilities capacity to keep pace with growth is a perpetual challenge for local governments. Whatcom County is no exception. Growth throughout the County is happening, and the County must find ways to provide increased services as a result. Growth in the Foothills, particularly in and around the Columbia Valley, will necessitate increased County investment in its facilities in the subarea. Issues raised during the subarea planning process included: • The East County Regional Resource Center has a site donated for its use within the Planned Town Center of the Columbia Valley UGA. That site is different than the one that some of the facility's supporters favored in Kendall. • While the acreage of parks within the subarea may exceed the County's level of service standard, the type of parks provided may not meet the community's needs over time. Specifically, neighborhood parks may be needed or desired in the Columbia Valley UGA and small towns. • Access to open spaces and convenience and safety of pedestrian and bicycle modes of travel are important to Foothills residents. The existing trail system is insufficient to meet demand. Trails connecting the small towns and the Columbia Valley UGA are particularly important. • As population in the subarea grows, particularly in the Columbia Valley UGA, the County may need to establish administrative offices in the Foothills. • Foothills residents already believe they receive insufficient law enforcement presence, and increased population growth can exacerbate the problem. Future Needs Like many sparsely populated areas, the Foothills exhibits an abundance of open space. That abundance belies the limited amount of parkland that is readily accessible to subarea residents. Silver Lake Park is a large developed County park in the subarea, but it is located at the northern end of Silver Lake Road and is accessible to most Foothills' residents only by private vehicle. There are no public neighborhood parks within walking distance of the Columbia Valley UGA. The closest playfields are at the Kendall Elementary School, south of the UGA. However, access to these playfields is along a high-speed State highway. The Foothills subarea exceeds the County's standards for parkland provision, but additional parks will have to be provided to meet the recreational needs of area residents. The County's parks and 4-2 166 Foothills Subarea Plan, Chapter 4 - Planning Comnussion Recommended Version June 24, 2010 recreation plan begins to address these issues, outlining facilities and the means necessary to get them on line. In addition, the trails system needs to be more fully addressed. Trails can serve as both recreational and transportation assets, encouraging active communities and non -automotive travel. The trails serving the subarea today are almost exclusively intended for recreation, including trails in Silver Lake Park, informal trails on state lands, and trails on federal lands (east of the Foothills Subarea). Community participation in this plan revealed a popular desire for additional trails, particularly to link the four Rural Centers and the UGA. As population increases, the demand for more transportation -oriented trails will increase. The County is undertaking an effort to locate a regional resource center in the Foothills. The resource center, to be owned and operated by the County, would provide a range of community -oriented services, which may include educational services, youth recreation, a food bank, health care, work force training, and County government functions. A six -acre site in the heart of the Columbia Valley was approved by the County Council and donated to the County in 2006. In 2010, an additional acreage is being donated to the County for play fields adjacent to the regional resource center site, so that the overall size of the site will be approximately 8.5 acres. That site coincides with the proposed Town Center location, is within easy walking distance of a large number of people, and is within the boundaries of a special purpose district that provides water and sewer service. It is also consistent with the planned urban character of the area. Law enforcement presence is an important issue to Foothills residents. As an unincorporated, sparsely populated area, it is difficult to serve. Whatcom County Sheriff deputies are responsible for public safety in the subarea. They have a small substation located in the Kendall Fire Hall, but an increasing urban population in the Columbia Valley will require an increased law enforcement presence. The table below lists the County facilities proposed to address current deficits and increased demand. It also indicates the 6,12 or 20 year time period within which the facility is to come on line. The location and timing of these projects is consistent and coordinated with expected buildout of the preferred land use plan. Additional information on parks and trails facilities can be found in the County's parks and recreation plan. Whatcom County has a 20-Year Capital Facilities Plan and a Six -Year Capital Improvement Program that address the need for County capital facilities. Table 4.2 below lists projects in the Foothills Subarea that are already in the County's capital plans or should be added when adequate funding is identified. 4-3 167 Foothills Subarea Plan, Chapter 4 - Planning Commission Recommended Version June 24, 2010 Table 4.2 — Proposed County Capital Facilities By By By Proposed Facility 2016 2022 2029 Parks Silver Lake Park facilities renovation/expansion x Deming Homestead Eagle Park trail improvements x Kendall Town Park x Maple Falls Town Park x Columbia Valley UGA Park x Trails Bay to Baker Trail (Kendall to Limestone Rd. , 3 miles x Bay to Baker Trail (Maple Falls/Glacier) — 1.8 mile addition to existingtrail x Bay to Baker Trail (Glacier to dense development to the east), 1.5 miles x Bay to Baker Trail (Kendall/Maple Falls), 3 miles x Trail (Deming/Kendall), 10 miles x Sumas Mountain Trail, 7 miles x Activity East County Regional Resource Centers Center x Sheriff's Satellite office in Columbia Valley Facilities town center x Whatcom County generally provides passive recreational facilities and programs of countywide and regional significance. Options for providing neighborhood and community park and recreation facilities and services include but are not limited to local recreation service areas (RCW 36.68) and recreation service districts (RCW 36.69), along with local neighborhood and community associations. 4-4 Foothills Subarea Plan, Chapter 4 - Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals, Policies, and Programs Goal CH — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. CFl-A Invest in capital facilities to keep pace with increases in demand in the UGA. CF1-B Seek public and/or private funding to supplement County spending on capital facilities in the UGA. Goal CF2 — Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. CF2-A Invest in capital improvements consistent with small town character. CF2-B Provide public spaces (which include restrooms) in which residents and visitors can gather near town centers. Goal CF3 — Provide for increased employment opportunities in the Foothills. CF3-A Provide adequate roadway and multimodal access to likely employment sites. CF3-B Provide public parking nodes to support increased use of commercial areas, encouraging the use of permeable surfaces. Goal CF4 — Recognize and encourage a high level of cultural and social diversity in the Foothills. CF4-A Encourage Whatcom County to invest in public parks and trails with appropriate accessibility to the public. Goal CF5 — Enhance resident and visitor access to the Foothills' recreational opportunities. CF5-A Invest in the acquisition and maintenance of parks and trails in the subarea. 4-5 169 Foothills Subarea Plan, Chapter 4 - Planning Conunission Recommended Version June 24, 2010 Map 4.1: County Capital Facilities -----.— - — - — — \ >r ..�.. o l f . Silver Lake Park and Trails i 10 11 12 Ostrom Conservation Forest Trail She s Office rift .... 6 3. $ 4 Bay to Baker Tail ; J. .s iiElfll' !p � tL� _x`` `` flo ti A J 1 ae`�ia 2 Deming Homstead Welcome S or Center , ri Eagle Park t Canyon Lake Community Forest `,'and Trail � �, 4•I;:, x I mein -�� � ._ . Foothills Subarea Plan Proposed Facilities - County Capital Facilities Parks 1- Silver Lake Park facilities renovationlexpansionq-- • •; �„ ; Existing Facilities 2- Deming Homestead Eagle Park trail improvements 3- Kendall Town Park Whatcom County Parks and Trails 4- Maple Falls Town Park - Whatcom County Parks Trails 5- Bay to Baker Trail (Kendall to Limestone Rd. 3 miles) oCPO"r•.pYe i �✓ Trails 6- Bay to Baker Trail (Maple Falls/Glacier 1.8 mile addition) 7- Bay to Baker Trail (Glacier to dense develp. to the east 1.5 miles) .44 =rw� Whatcom County Activity Centers 8_ Bay to Baker Trail (KendalllMaple Falls 3 miles) Welcome Senior Activity Center 9- Trail (DemingiKendall 10 miles) Whatcom County Sheriff t0- Sumas Mountain Trail (7 miles) $' °�•ei°w 4 Satellite Office Activity Centers 11- East County Regional Resource Center September 2007 sbw o 0.4 o.e 1.8 2, 3-2 Foothills Subarea Boundary Sheriffs Facilities 12- Satellite office in Columbia Valley Town Center U R 170 Foothills Subarea Plan, Chapter 5 - Planning Cornmission Recommended Version June 24, 2010 5 Utilities Existing Conditions Utility service in the Foothills Subarea varies in breadth and quality. One area may be provided with water from a water district but operate a septic system for their wastewater, while another area may be provided with both sewer and water service. Much of the area does not have high speed internet access or cellular phone service. Wafer Districts The Columbia Valley Urban Growth Area (UGA) is served by Whatcom County Water District No. 13 and Evergreen Water -Sewer District No.19. Interestingly, Water District 13 provides water & sewer service and Evergreen Water -Sewer District provides only water service at the current time. Water District 13 was established in 1975 to serve the Peaceful Valley development. According to the State Department of Health drinking water database, Water District 13 is approved for 1,338 total connections and served 347 existing connections as of July 2006. This leaves capacity for 991 additional approved connections. Additionally, Water District 13 installed meters in 2005-07. In other areas around the County, water usage has come down when meters are installed and a rate structure implemented that charges more when additional water is used. These measures lead to repairing leaky pipes and generally result in water conservation. The District's engineer has estimated that the District may be able to gain approval for about 300 additional water connections, with their existing water rights, because of conservation measures. Water District No. 13 has two tanks with a total storage capacity of 300,000 gallons. The District draws groundwater from two wells to serve its customers. Potable water has not been treated in the past. The predecessor of the Evergreen Water -Sewer District No.19, the Paradise Lakes Country Club water association, operated the water system from its inception in 1971 until 2003, when Evergreen Water - Sewer District took over the system. The Evergreen Water -Sewer District provides water service to the Paradise Lakes Country Club subdivision and the Camper's Paradise recreational development. According to a State Department of Health letter dated February 9, 2007, the District is approved for 1,423 total connections and served 1,367 existing connections. This leaves capacity for 56 additional approved connections. Evergreen Water -Sewer District has five tanks with a total storage capacity of 810,000 gallons. The District draws groundwater from three wells to serve its customers. Potable water is chlorinated immediately after drawing it from the source. There is no other treatment of the water. 5-1 171 Foothills Subarea Plan, Chapter 5 - Planning Commission Recommended Version June 24, 2010 Table 5.1 — Additional Water connections to serve the UGA District Additional Connections Water District 13: 991 (already approved) Evergreen Water -Sewer District: 56 (already approved) Total: 1,047 Approximately 515 additional dwelling units would be needed in the Columbia Valley Urban Growth Area (UGA) to accommodate the projected population growth over the planning period (2006-2029). It appears that the water districts currently serving the UGA will, with planned water conservation measures and planned system improvements, be able to serve the anticipated population growth. Water purveyors serving the Small Towns include the Deming Water Association, Maple Falls Water Coop and the Glacier Water District. The Deming Water Association was formed in 1979, at which time the Association assumed responsibility for operation of an existing water system serving the Deming Community. This water system has been in existence since the early 1900s. According to the State Department of Health drinking water database, the Deming Water Association served 89 existing connections as of July 2006, but is not approved for additional connections. The Association service membership is a mixture of residential, business (food and commercial services), agricultural, medical, institutional (public education facilities, church, and library), and Nooksack Tribal facilities (educational, administration, and human service offices). Required improvements to the system include replacement of the aging distribution system with new and larger diameter pipes, valves, and service meters (the Deming Water Association also plans to install fire hydrants, even though they are not required by the State). Deming Water Association draws water, which is treated by chlorination and ultra -violet light, from a groundwater spring field to serve its members and has one tank with a total storage capacity of 237,000 gallons. The Maple Falls Water Coop was formed in 1947. According to the State Department of Health drinking water database, the Maple Falls Water Coop is approved for 188 total connections and served 90 existing connections as of July 2006. This leaves capacity for 98 additional connections. Maple Falls Water Coop draws groundwater, which does not require treatment, from two wells and a well field to serve its customers and has two tanks with a total storage capacity of 88,000 gallons. The District completed its metering program in 1999 by installing meters on all active services. The Glacier Water District was formed in 1975, at which time it took over operation of several smaller water systems. According to the State Department of Health drinking water database, Glacier Water District is approved for 1,165 total connections and served 581 existing connections as of July 2006. This leaves capacity for 584 additional connections. Glacier Water District draws groundwater, which does not require treatment, from two wells to serve its customers and has one tank with a total storage capacity of 500,000 gallons. The District completed its metering program in 1998 by installing meters on all active services. 5-2 172 Foothills Subarea Plan, Chapter 5 - Planning Commission Recommended Version June 24, 2010 The water systems serving the Small Towns are currently adequate to serve future growth, with the exception of the Deming Water Association. However, growth in Deming over the 20-year planning period is expected to be modest and there is a proposed project in this Subarea Plan to upgrade the Deming Water Association water distribution system to Department of Health Standards. There are a number of other public water systems in the Foothills Subarea, including systems serving: Deming Speedway, Mt. Baker School District # 507, Hollingsworth Water Association, Carol's Coffee Cup, Teamousey Teapot, Riverview Water Association, North Fork Brewery, Kendall Creek Salmon Hatchery, Black Mountain Ranch, Kendall Grocery, Red Mountain Estates, Camp Black Mountain, Silver Lake Park, the Glen Community Association, Shady Ridge Association, Cascade West Recreation Club, Mt. Baker Baptist Camp, and Glacier Springs. Sewer Districts Whatcom County Water District No.13 provides sanitary sewer service to a portion of the Columbia Valley UGA. The District has capacity to connect the existing platted lots within their service area, but substantial new development will require upgrades to the wastewater treatment facilities. The District's comprehensive sewer plan is being updated. There are no other purveyors that provide sanitary sewer service in the Foothills Subarea as of 2010. Power Puget Sound Energy (PSE) provides electrical service in the Foothills. A 115 KV transmission line extends power to the Foothills area, through Deming and north through Kendall. At Kendall, a 55 KV transmission line travels east along the Mount Baker Highway to serve Maple Falls, Glacier and beyond. Puget Sound Energy has one transmission substation in Kendall at the intersection of the transmission line that heads north through the Columbia Valley UGA and the one that serves areas east of Kendall. The Nooksack Falls power plant, located east of the subarea, provides power to the Puget Sound Energy grid. Television, Phone and Cellular Services Comcast provides digital cable service to a portion of the subarea. Verizon is the only company that provides landline phone services to the Foothills. Deming has two towers that provide signals to cellular users. Beyond Deming, however, cellular phone service is spotty. Only one cellular tower exists near the remaining communities in the Foothills and it is centrally located in the Foothills between Glacier, Kendall and Mosquito Lake Road. This lack of cellular phone service in the Foothills has become an issue many residents are concerned about. In late 2006, the Foothills Subarea Plan Advisory Committee crafted a questionnaire to encourage further public comment in the subarea planning process. It was distributed to land owners in the Foothills and the results were tabulated in the "Foothills Subarea Plan Questionnaire Report" (January 2007). Nearly 80 percent of respondents indicated they were concerned about the lack of cellular phone service in the Foothills. With more and more residents living in the Foothills year-round, cellular phone service could become a very important feature for the area. 5-3 173 Foothills Subarea Plan, Chapter 5 - Planning Commission Recommended Version June 24, 2010 Stormwater There is currently no stormwater utility in the Foothills. Although, with future development planned in the Columbia Valley UGA, a stormwater utility may be necessary in the future. There are policies to encourage use of low impact development (LID) techniques in the Columbia Valley UGA (Policy LU9-D in chapter 2, Goal ENl in chapter 11 and Policy ENl-K in chapter 11). LID is a stormwater management strategy that emphasizes conservation and use of existing natural site features integrated with small-scale stormwater controls to more closely mimic natural water movement patterns. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan's utilities goals and policies are designed to reinforce coordination between providers and the County. This subarea plan proposes no amendments to any of them. Utilities Issues The planning process brought into focus these important issues regarding utilities: • Perhaps the greatest utilities challenge will be to offer sustained sanitary sewer service to the Columbia Valley UGA. Population increase and the threat to surface and ground water quality will demand it. • Communication by cell phone is not available throughout much of the subarea. This is a public safety, economic development and convenience issue. • Stormwater and surface runoff has been managed rather informally, with drainage percolating into the soil or discharging into streams and rivers untreated. Increased development, particularly in the Columbia Valley, will necessitate a more sophisticated approach. • Water providers in Maple Falls and Glacier are capable of providing services to the forecast population. However, the Deming Water Association may require significant investment to increase system capacity. • As the winter of 2006/2007 demonstrated, the Foothills subarea is vulnerable to power outages. 5-4 174 Foothills Subarea Plan, Chapter 5 -Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals, Policies and Programs Goal U1 — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. U1-A Encourage sewer system reinvestment to expand sanitary sewer provision in the entire UGA consistent with anticipated increases in development intensity. U1-11 Facilitate collaboration between the water districts serving the Columbia Valley to provide water and wastewater treatment at urban levels of service. U1-C Encourage water and sewer districts to program service for planned urban growth in the Columbia Valley UGA when formulating/updating water system plans and comprehensive sewer plans. U1-1) Encourage and facilitate completion of capital facilities planning by special districts, which serve the UGA, by 2012. U1-E Encourage capital facilities plans to reflect existing levels of service throughout the UGA. Goal U2 — Enhance the small towns of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. U2-A Encourage upgrading the Deming water system as necessary to serve their needs. Goal U3 — Provide for increased employment opportunities in the Foothills. U3-A Facilitate investment in the communications infrastructure to provide cellular service and high-speed Internet access. U3-B Ensure water supply and wastewater treatment are adequate and appropriate for likely light impact industrial or commercial development. Goal U4- Improve reliability of utility service in the Foothills U4-A Use an arborist and forester to review and revise tree planting and maintenance policies in state and County rights of way near overhead utility lines including, but not limited to, wind screens, silviculture, replacement plantings, and preserving visual buffering. U4-B Work with utility providers to increase network redundancy, providing alternate routing or looped system design to make it less vulnerable to failure. 5-5 175 Foothills Subarea Plan, Chapter 5 - Planning Commission Recommended Version June 24, 2010 U4-C Facilitate provision of power sources that are in alignment with the community's vision and rural character, emphasizing small-scale renewable energy. Strongly discourage large-scale projects that primarily provide energy to areas outside the Foothills Subarea that are detrimental to the natural resources and rural character of the Subarea. U4-D Collaborate with communications providers to decrease the system's vulnerability to weather extremes. U4-E Facilitate emergency planning among utility providers. Goal US — Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea, consistent with best available science. US -A Encourage all public water providers to implement conservation programs. US-B Encourage provision of sanitary sewer in the Columbia Valley UGA to protect the ground water resource. Us-C Sewer lines should not be located outside of the Columbia Valley UGA, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment. Any such extension must be financially supportable at rural densities and must not permit urban development. Goal U6 — Ensure the Foothills subarea remains a safe place in which to reside, operate a business, and visit. U6-A Collaborate with communications providers to expand cellular telephone and high speed Internet service in the Foothills. 5-6 176 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 6 Transportation Movement The Foothills Subarea relies on the automobile. It is a remote and mostly rural place, with residents traveling to other places to work, shop or take care of other daily activities. The following paragraphs describe how people and goods move about. Road Network Mt Baker Highway (SR 542) and Kendall Road (SR 547) are the two main routes through the Foothills. Of the two, Mt Baker Highway is busier, accommodating approximately 8,000-9,000 average daily trips at Deming in 2006. The highway accesses all four of the subarea's Rural Centers, acting as "Main Street" for Maple Falls and Glacier. It dead -ends at the base of Artist's Point, Milepost 57.26. SR 547 links Kendall to Sumas, running north through the Columbia Valley and exiting the planning area north of Sumas Mountain. State highways in the subarea are two-lane roads, and generally have speed limits ranging from 40-55 miles per hour (20 mph in a school zone). There are numerous intersections with these highways, from private driveways to County road and State Route intersections. A collection of County roads also serves the planning area. Mosquito Lake Road links SR 542 to the southern reaches of the subarea, and Silver Lake Road links Maple Falls to Silver Lake Park and the northern reaches of the planning area. The County roads generally parallel the courses of the valleys, providing local access to land that isn't served by the state highways. There are also networks of private roads traversing the rural, forested hillsides. Large -lot, isolated home sites and forestland rely on these unpaved private roads for access. The Peaceful Valley development is also served by a private road system. Pedestrian Movement People walk, but their walking trips are generally limited to those in and around the Rural Centers and along neighborhood streets and cul-de-sacs in the Columbia Valley. The dispersion of land uses throughout the subarea limits walking, and the lack of a trail system interconnecting the Rural Centers discourages any long-distance walking. Participants in the workshops noted that they would walk more if they felt it was safe. They also noted, however, that it would be unrealistic to plan for this largely rural community to rely solely on walking for the majority of its transportation needs. The places people need to go are just spaced too far apart, and the weather is not always conducive to being on foot. Bicycle Movement Bicycling on Mt Baker Highway and Kendall Road can be dangerous. The roadway shoulders are narrow, visibility is limited in places, vehicle speeds are high, and the curves are tight. There are no bike lanes, and cyclists must share the road with cars, trucks and buses. ME 177 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 The most popular areas for cycling are in the Columbia Valley, where residential streets are alive with children and youth on bikes. They rarely venture beyond the valley, though, because travel on the highway, even to a place as close as Kendall, is uninviting and unsafe. Automotive Movement Many Foothills residents commute to the Bellingham area for work, and SR 542 is the primary way residents reach their jobs in Bellingham. The vast majority of trips are made by single occupant automobiles. The other major road in the subarea is Kendall Road (SR 547) which bisects the Columbia Valley UGA. It is not nearly as busy as Mt. Baker Highway, but it does provide residents with access to several small cities within Whatcom County and the border crossing at Sumas. As the Foothills Subarea grows in the future, there will be a need to make changes to the highway system to accommodate the new vehicle trips which will occur with this growth. These changes could take the form of traffic signals, roundabouts, turn - lanes, auxiliary lanes, or other improvements (excluding 4 or more lane highways). Freight Movement There used to be a freight rail line in the Foothills, but now freight in the subarea is carried by truck. That freight mostly is in the form of logs harvested from the forest or rock and minerals mined from the hillsides or gravel pits. Freight traveling into the Foothills Subarea includes supplies for the various restaurants, convenience and retail stores in and between the Rural Centers. Also, petroleum products are transported into the subarea to supply the gas stations. Public Transportation The Whatcom Transportation Authority (WTA) operates one route - 72x Kendall (Foothills Express) - connecting the Foothills and Bellingham. As of 2007, the buses on route 72x pick up passengers in Kendall six times throughout the day beginning at 6:21 a.m. with the last pick up in the area at 6:47 p.m. The route runs daily, Monday through Saturday (with limited service on Saturdays), and combines fixed and flex route service. At peak times, however, riders missing one bus must wait almost 90 minutes for the next. In 2005, the route had an average of 12.8 hoardings per hour and in 2006 that number dropped slightly to 10.0 boardings per hour. This is likely due to the additional trip that was added to the route during the year. In 2006, the route had 2,755 boardings per month, 860 of which were at bus stops located in the Kendall area (which includes the UGA). The route averaged 246 passenger miles per hour in 2006, which was ranked 3rd out of all 32 routes WTA offers. Though the route is exceedingly popular, the Foothills' remoteness makes it difficult to serve with any frequency. Access Management Access management of state routes in unincorporated areas of the State are the responsibility of the Washington State Department of Transportation (WSDOT) under RCW 47.50. This law requires regulation of access to state routes in order to protect the public health, safety and efficient movement of people and goods. There are two basic sections of the law: Access Permits (WAC 468-51); and Access Control Classification System (WAC 468-52). Any new access to State Routes 542 or 547 will require an access permit from WSDOT. Additionally, changes in use to an existing access point will require a new permit. New development may also require developers to provide traffic mitigation measures and/or safety improvements to the highway system. To 6-2 178 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 accommodate future growth, it will be necessary to ensure that all development fully mitigate their traffic impacts. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan contains an extensive collection of transportation goals and policies. This subarea plan proposes no revisions to those goals and policies, but includes a collection of goals and policies to supplement them for the Foothills. Level -of -Service Standards Whatcom County and the Washington State Department of Transportation (WSDOT) have adopted level of service standards for their roadways, as noted in the County's comprehensive plan. Level of service standards are a measure of traffic congestion along a roadway or at an intersection. New development has the potential to impact the transportation system. Specific mitigation appropriate to development will need to be identified as growth occurs. Planning Issues The Foothills Subarea is unique in its transportation planning issues. Such a large number of people living either in concentrated developments or on large lots of five, ten, or more acres complicates transportation planning strategies. Issues within the subarea are diverse and interconnected. • Location is a primary constraint for successful transportation planning in the subarea. Since the Foothills is such a remote area, movement is primarily by personal vehicle. As populations have increased in both rural and more concentrated developments, these vehicle trips have increased and will continue to increase with future growth unless alternative forms of transportation are readily available. • Pedestrian/bicycle travel can be a hazardous form of transportation when these travelers are navigating a narrow shoulder next to high speed roads and highways. In many cases, pedestrian/bicycle routes between residential and commercial areas are along high-speed roads and highways. These paths are not very inviting or safe for non -vehicular travel. • There is a lack of non -vehicular connection between Rural Centers in the subarea. Most travel within the subarea must be done by vehicle. Alternatives to vehicular travel — trails, bicycle paths, bicycle lanes — would make the Foothills a more multi -modal subarea. • Public transportation is beginning to take hold in the subarea but due to the long trip from the Paradise Lakes and Peaceful Valley areas to Bellingham and other factors, it isn't often the most attractive option for commuters. Planning Concept The emphasis for transportation planning in this subarea plan is on enhancing multi -modal options near and between areas of population concentration, increasing connections between commercial areas, and improving existing transportation facilities to make them safer for both subarea residents and visitors. 6-3 179 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 Pedestrian and Bicycle Movement Many of the transportation projects in this plan's implementation chapter are related to development of trail systems and bike lanes for safe pedestrian and bicycle travel throughout the subarea. Most improvements designed for pedestrians are inherently suitable for bicycle travel, serving a dual purpose. Improvements to pedestrian/bicycle facilities may reduce the number of short to medium -distance vehicular trips throughout the subarea. During the early public participation phase of this planning process participants suggested more people would ride their bikes to park -and -rides if such new facilities provided safe places to lock up bicycles. This plan's goals and policies encourage innovative solutions to enhance the subarea's multi -modal capability. Automotive Movement Personal automobile use will likely continue to be the method of choice for longer trips out of the subarea. The goals and policies in this plan are intended to encourage other modes of travel for shorter trips within the subarea. They also serve to address the conflicts between pedestrian/bicycle traffic and automotive traffic by encouraging segregated traveling routes for motorized and non -motorized travel. The plan suggests lowering speed limits in areas where motorized and non -motorized movement conflicts are unavoidable and encourages maintaining the existing capacity of the road systems in the subarea, preferring two lane highways over four -lane highways. Specifically identified developer contributions and/or improvements will be required to mitigate the impacts on the system that result from growth. Freight Movement Freight movement will likely continue to be truck -based. With potential increased light impact industrial development in the Columbia Valley UGA, freight trip frequency and the quantity of goods moved through the subarea will likely increase. Public Transportation The policies throughout this plan suggest that as population increases, public transportation service should be increased to match the demand for service. Movement between population concentrations and commercial centers within the subarea will be the next area of need for public transportation services. When pedestrian and/or bicycle travel is not an option — during cold winter months, for example — public transportation will become increasingly important for safe movement through the subarea. This public transportation network, for travel within the subarea, will also be important for low-income families who may not be able to afford having and maintaining a personal vehicle for each driving -age member of the household. Demand Management/Transportation Improvements The strategy for managing the subarea's future demand for transportation facilities is primarily focused on enhancing transportation option diversity, not on increasing road capacity. The emphasis on multi -modal options in the Columbia Valley UGA and throughout the subarea will provide transportation choices and alternatives to the use of personal vehicles on the area's roads. Also, increasing the safety of state highways and county roads through the potential use of traffic signals, roundabouts and the addition of bike lanes to major routes will increase the capacity of the road (for non -motorized vehicles) and the overall safety of the routes for motorized and non -motorized travelers alike. 6-4 K1 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 The arrangement of land uses in the Columbia Valley UGA will help to encourage multi -modal movement by creating a comfortable environment in which walking and biking become a relatively quick and enjoyable form of travel. Consistency with Regional Plans This plan's preparation and adoption include review by responsible regional transportation agencies. To the extent possible the plan incorporates and is consistent with current regional transportation planning. Transportation impacts will be evaluated and mitigated as growth occurs. Proposed New Roads and Facilities Neither the Whatcom County nor the Washington State Department of Transportation (WSDOT) have any new roads planned for the Foothills Subarea. Both agencies, however, have a number of both large projects and small maintenance projects planned for the subarea. WSDOT has planned the following road projects, which will serve Foothills Subarea traffic, within a six -year period (by 2016): Relocate sections of SR542 away from the Nooksack River, generally between Deming and Glacier; Roundabout at SR542 and Smith Rd.; and Roundabout at SR542 and Lawrence Rd. (Nugent's Corner). Additionally, the following road projects are recommended in the Foothills Subaera during the remainder of the planning period (2017 to 2029). The State is encouraged to consider incorporating these projects (or functionally equivalent projects) into their transportation plan once adequate funding is identified. Facility/Improvement Location Intersection consolidation. Roundabout or Traffic Signal. SR542 and SR 547 Traffic signal with permitted/protected left -turn phasing. SR542 and SR9 (Valley Hwy) New facilities and improvements may be paid for through a number of funding mechanisms provided by the County, Regional Transportation Planning Organization, state, federal government and private development. 6-5 181 Foothills Subarea Plan, Chapter b -Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals and Policies Goal TI - Preserve the natural beauty, open spaces, rural character and slow, rural pace of life in the Foothills, prized by long-term residents and newcomers alike. TI -A Discourage roadway construction on steep slopes, except in accordance with the Whatcom County Code and the Forest Practices Act. TI -B Protect the intrinsic qualities of Mt. Baker Highway and other arterial and collector roads in the subarea, including scenic, historic, archaeological, recreational, cultural and natural features. TI -C Preserve the scenic value of the Mount Baker Highway corridor by preserving mature vegetation along the corridor where possible and where it does not interfere with sight distance and other safety standards. TI -D Retain the rural character of the Foothill Subarea by coordinating and cooperating with the State of Washington in retaining 2-lane roads. This policy does not prevent construction of turn lanes, merging lanes, deceleration lanes and similar features, required to accommodate safety and growth. TI-E Preserve mature trees and unique wildlife habitats and other elements of the natural environment during the design and construction of County and State road improvement projects. Goal T2 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, narks, public transit and other similar services. T2-A Study the Columbia Valley UGA to identify the multimodal transportation improvements and strategies necessary to create a viable city. T2-B Encourage appropriate low impact development best management practices for stormwater in street and trail design to protect surface and ground water. Goal T3 - Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. T3-A Create and adopt a set of small town commercial district design guidelines, in conjunction with WSDOT and Whatcom County, that provide clear direction on the design and allocation of transportation rights of way. T3-B Promote parking nodes to accommodate housing, retail, and community cultural events and encourage use of permeable surfaces. T3-C Encourage multimodal transportation facilities, including options such as park and rides. on 182 Foothills Subarea Plan, Chapter 6 -Planning Commission Recommended Version June 24, 2010 Goal T4 - Provide for increased in the Foothills. T4-A Encourage road improvements (including all-weather roads) to serve development of light impact industrial or business park land uses in the Columbia Valley UGA. T4-B Encourage development of multimodal access to potential light impact industrial or business park sites in the Columbia Valley UGA. T4-C Maintain and improve a multi -modal transportation system that facilitates economic development, provides mobility for people and goods, and reduces air pollution. Goal T5 -Recognize and encourage a high level of cultural and social diversify in the Foothills. T5-A Encourage bicycling and walking as a way to invite Foothills residents into public spaces and commercial enterprises. T5-B Provide convenient access to public squares and other similar types of public gathering spaces in a central location in the Rural Centers and in the town center of the Columbia Valley UGA Goal T6 - Enhance resident and visitor access to the Foothills' recreational T6-A Collaborate with local businesses, landowners, and home -owners associations to provide public parking near trailheads in the Columbia Valley UGA and small town commercial districts. T6-B Develop recurring and dedicated funding for non -motorized transportation system improvements to be implemented through public and private road construction or improvement programs. T6-C Bikeways and pedestrian walkways should be included as integral parts of the Whatcom County park and recreation system. Goal T7 - Provide a network of recreation and transportation -oriented trails interconnecting the Columbia Valley UGA and Rural Centers and linking populated areas to recreational open spaces. T7-A Designate trails linking the communities in a comprehensive trails plan and prioritize and program their improvement. T7-13 Collaborate with the community to confirm trail alignments and acquire necessary rights of way. T7-C Identify and designate accessible trails for the disabled, pedestrians, bicyclists, and equestrians. T7-D Whenever practical, bikeways proposed in new developments should connect with the planned bikeways in the Whatcom County Bicycle Plan, Whatcom County Trails Plan or in the Parks and Recreation chapter of this subarea plan. 6-7 183 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 Goal T8 - Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea. T8-A Encourage appropriate low impact development best management practices for stormwater in street and trail design to protect surface and groundwater. T8-B Minimize the amount of impervious surfaces by designing and constructing lower impact and narrower travel lanes or implementing other, more creative roadway design techniques. Goal T9 - Ensure the Foothills subarea remains a safe place in which to reside, operate a business, and visit. T9-A Coordinate with WSDOT to design and install roadway improvements to enhance traveler safety and mobility, such as pull-outs. T9-B Resist pressure to increase roadway width to accommodate increased automobile demand. Expand roadway shoulders or construct trails as necessary to accommodate increased pedestrian and bicycle use using safe and pervious surfaces where possible. Goal T10 -Implement a concise, equitable and practical set of land use regulations intended to carry out the goals, policies and proposals of the Foothills Subarea Plan in a timely and orderly fashion. T10-A Ensure that development includes safe vehicular access, including access for emergency vehicles. T10-B Use impact fees to provide transit infrastructure including but not limited to park and rides. Goal Tl 1 - Develop a functional, coordinated and multi -modal transportation system which provides for the safe and efficient movement of people and goods, avoids undesirable environmental impacts, and optimizes public investments and the conservation of energy resources. Tl 1-A Potential vehicular/bicycle/pedestrian conflicts should be avoided by providing for bicycle and pedestrian ways between commercial uses. Tl 1-B Speed limits should be thirty miles per hour to provide safe multi -modal transportation in Rural Center areas. T11-C Promote and encourage the provision of public transit as demand increases in the Foothills Subarea. T111-11) Include bikeways and/or pedestrian walkways as an integral part of the transportation system. 6� l :E Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 T11-E When an engineered traffic study for proposed new development is required, it should incorporate a weekend analysis if the development would generate peak volumes on a weekend. Tl1-F When an engineered traffic study for proposed new development is required, consider evaluating impacts on intersections both within and outside of the Foothills Subarea. Whatcom County will determine the intersections to be studied, in consultation with WSDOT and affected cities. 185 Foothills Subarea Plan, Chapter 6 - Planning Commission Recommended Version June 24, 2010 Map 6.1: Transportation - State/County Road Functional Class Foothills Subarea Plan - Transportation - State/County Road Functional Class Rural local Access J\/ Rural Minor Collector Rural Major Collector State Foothills Subarea Boundary M- Uf �nfr� rxws,q �nwl x �WnMF �����W _ �sYrR UMx/iwx M xxJn� ,e�r,oMIM—YeW rr µ IOft4r� c GOY %t 9eotember 2007 struv4o4oFi,xioa+�"4a e e4 e.e 1.0 24 MI. Foothills Subarea Plan, Chapter 6 — Planning Commission Recommended Version June 24, 2010 Map 6.2: Whatcom Transportation Authority (WTA) Transit Route Foothills Subarea Plan - Whatcom Transportation Authority (WTA) Transit Route WTA Route ibt - Kendall (Foothills Express) Foothils Subarea Boundary r-w +�Wn++�YmNghtlutli�o ni�m� ru1M1 7+++ _bvs+M� v O�uwrM� e� +e ti+uY� N�w�i �Ji+�rsM� Sep'*rdw 2DD7 o aA ae t., 2A u 187 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 7 Economics Background Traditionally, the Foothills economy was made up of forestry and mining. Natural resources utilization has been a part of the Foothills since the first settlers arrived in the area and struck gold in 1897. As of the adoption of the 1988 Foothills Subarea Plan, there were approximately 70 businesses in the Foothills area (The Foothills Subarea — Background Document, June 1988, page 84). Only five of these businesses were logging firms and three were mineral extraction firms. Since then, the Foothills has shifted to a more recreation -based economy, catering to the Mt. Baker-Snoqualmie National Forest and Mt. Baker Ski Area visitors. But, most of the community's jobs are found in the Government sector (which includes Tribal employment) and many residents, unable to find work in the subarea, commute 30 minutes or more to western Whatcom County or Sumas to work. Foothills Economy ECONorthwest conducted a "Foothills Subarea Economic Analysis' dated June 12, 2007. The analysis provided a context for this chapter and economic growth in the subarea, identified the subarea's strengths and weaknesses, and formulated an employment forecast for the Foothills. Employment Trends In 2005, the Foothills Subarea had 1,293 "covered"' jobs at 163 establishments, with an average of about 8 jobs per establishment. In 2005, the Foothills Subarea had approximately 1,571 total jobs (covered and non -covered employment). Government employment includes federal, state, local, school and Tribal operations. Coupled with the sectors with the next largest employment — Accommodation, Food Services and Entertainment, Other Services, and Construction — the government sector and these industries account for a majority of the Subarea's employment ' Covered employment refers to jobs covered by unemployment insurance, which includes most wage and salary jobs but does not include sole proprietors, seasonal farm workers, and other classifications of employees. Covered employment for Whatcom County is only about 75 percent of total employment. 7-1 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 Table 7.1 — Covered employment in the Foothills Subarea by sector and industry, 2005. Average Sector/Industry Employees Pay/Employee in dollars Agriculture, Forestry, Fishing, Hunting, and Mining 54 27,381 Forestry and Logging 34 28,495 Other Agriculture and Mining 20 25,488 Construction 75 22,124 Construction of Buildings 28 19,326 Specialty Trade Contractors 47 23,791 Manufacturing 36 28,031 Retail Trade 44 11,010 Gasoline Stations 30 11,552 Other Retail Trade 14 9,847 Transportation, Utilities, and Wholesale Trade 22 22,041 Real Estate, Professional, Administrative, and Health 23 22,267 Services Accommodation, Food Services and Entertainment 101 12,569 Food Services and Drinking Places 59 11,586 Other Accommodation and Entertainment 42 13,949 Other Services 91 13,350 Religious, Grantmaking, Civic, Professional, and Similar 35 19,095 Organizations Private Households 56 9,760 Government, Tribal and School 847 29,842 Total 1,293 25,823 Source: "Foothills Subarea Economic Anahisis," ECONorthwest, [tine 12. 2007, v. 7. The average pay for covered employment in Whatcom County was approximately $31,100 in 2005. The subarea's average was $25,823. The sectors with the highest average pay per employee were Government, Manufacturing, and Agriculture/Forestry/Fishing/Hunting/Mining. The sectors with the lowest average pay per employee were Retail Trade, Accommodation, Food Services and Entertainment, and Other Services. The economic composition of the subarea is substantially different from that of the rest of the county. The Foothills has a disproportionately large amount of covered employment in the government sector— 66 percent in the subarea compared to 17 percent for the rest of the County. However, much of this government sector employment is attributable to school and Tribal employment in Deming near the western edge of the Subarea. Business Activity In researching the subarea's largest contributors to the economy, ECONorthwest interviewed area stakeholders. They found that some of the largest employers in and adjacent to the subarea included: Mount Baker Ski Area, The Nooksack River Casino in Deming, Mount Baker School District, Contemporary Design Company (an exercise equipment manufacturer) in Glacier, and IGA at Nugent's Corner (just outside of the subarea). In addition to large employers, stakeholders indicated that small businesses, especially home -based businesses or mom-and-pop businesses are significant to the Foothills economy and tourism continues to be an important component. 7-2 :• Foothills Subarea Plan, Chapter 7 - Planning Conunission Recommended Version June 24, 2010 Strengths and Weaknesses As part of the economic analysis, ECONorthwest identified strengths and weaknesses of the Foothills Subarea. Among the subarea's strengths were: • Relative housing cost. The median housing cost in the Foothills ($163,000) was less than the median housing cost for the whole county ($260,500) in 2006. By 2009, the Whatcom County median home price had declined to slightly below 2006 levels. • Tourism. According to retail sales data from the Washington Department of Revenue, the subarea produced about $9.8 million in tax revenue from sources typically associated with tourism, including Accommodations, Food Services and Retail Trade. This accounts for 56 percent of the retail sales tax collected in the Foothills Subarea in 2005. • Government employment. The majority of jobs in the subarea are government positions. As population in the subarea continues to grow, so may the number of government jobs. • Access to outdoor recreation. Aside from the attraction of second -home buyers and tourists, the subarea's recreation scene could potentially be an attractive feature for firms wishing to relocate to the subarea. • Potential availability of unskilled labor. The majority of the subarea's workforce commutes 30 minutes or more to work. It is likely that if attractive, family wage jobs were available in the Foothills, some of these commuters would choose to work in the subarea. The subarea also has a larger share of working -age people than the county average, which suggests that the Foothills has access to unskilled labor. The study also discussed the subareas weaknesses. • Location of the subarea and access to transportation. The subarea is located a significant distance from the main north -south corridor along the west coast — Interstate-5. This distance creates a disadvantage for development of Light Industrial — manufacturing and warehousing — because it is difficult for companies to get their products to the major shipping routes. • Lack of diversity of the economy. With a higher than average share of government jobs in the subarea, the economy tends to rely on government employment. • Availability of high wage jobs. Government jobs do pay well but beyond that, the subarea has a shortage of high -paying jobs. Residents will commute to Bellingham or elsewhere in the county if it means that they can make a higher wage. • Availability of skilled labor. Since the pool of available labor in the subarea is so small, and residents of the subarea are less likely to have a college degree than residents of the entire County, there is a likely shortage of skilled labor in the subarea, which may be a constraining factor in attracting firms. • Availability of high speed Internet. Not only was this one of the community's major concerns in the public participation element of drafting this plan, but also it is a concern for future economic development in the subarea. Many businesses today rely heavily on the Internet. Lack of Internet service may discourage professional services and online retailers from locating in parts of the subarea. 7-3 190 Foothills Subarea Plan, Chapter 7 - Planning Comnussion Recommended Version June 24, 2010 Employment Forecast Based on analysis conducted by ECONorthwest, the Foothills Subarea had an estimated 1,571 total employees in 2005 (including both covered and non -covered employees). Economic conditions, trends, and forecasts for the Foothills Subarea and Whatcom County show several key points that affect the likely level and type of future employment growth in the Subarea: • The majority of covered employment in the Subarea is in government sectors. The majority of government employment is generally local government, especially schools, and Tribal operations. • Total covered employment in Whatcom County grew at an average annual rate of 3.97 percent between 1981 and 2005, a faster rate than for the rest of the population. As a result, the County's ratio of population to jobs fell from 3.4 in 1981 to 2.2 in 2005. • The subarea has about 1.8 percent of Whatcom County's total covered employment and 3.7 percent of the County's total population. • The County's adopted forecast for the subarea projects a 0.98 percent annual population growth between 2006 and 2029. • The Washington State Employment Department predicts that employment in Whatcom County will grow by 14,400 jobs (1.74 percent annual growth) between 2004 and 2014. About 60 percent (8,600 new jobs) of the growth is expected to be in Retail and Service sectors, 22 percent (3,100 new jobs) in industrial sectors, and 19 percent (2,700 new jobs) in government. The individual sectors with the largest forecast growth are: Government (2,700), Professional and Business Services (2,200), Education and Health Services (2,000), Construction (1,900), and Retail Trade (1,700). Table 7.2 — Employment forecasts by land use type, Foothills Subarea 2007 Percent 2017 2027 Percent 2007- 2007- Land Use Type 2017 2027 Total of Total Total Total of Total Growth Growth Low Forecast Retail and Services 428 27% 547 620 30% 119 192 Industrial 221 14% 274 310 15% 53 89 Government 962 60% 1,003 1,136 55% 41 174 Total Employment 1,611 100% 1,824 2,065 100% 1 213 454 Medium Forecast Retail and Services 432 27% 580 690 30% 148 258 Industrial 223 14% 290 345 15% 67 122 Government 971 60% 1,064 1,265 55% 93 294 Total Employment 1,626 100% 1,934 2,300 100% 308 674 High Forecast Retail and Services 437 27% 623 786 30% 186 349 Industrial 226 14% 311 393 15% 85 167 Government 983 60% 1,142 1,440 55% 159 457 Total Employment 1,646 100% 2,076 2,619 100% 430 973 Source: "Foothills Subarea Economic Analysis," ECONorthzmest, June 12, 2007, p. 21. 7-4 191 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 The above forecasts predict a shift in the type of employment among land use types over the twenty-year period. Employment will grow in each of the three land use types (Retail and Services, Industrial and Government). However, it is expected that the total share of Government employment, which is disproportionately high in the subarea, will decrease. Employment in Retail and Services will grow as populations grows. The share of Industrial employment will increase slightly. The employment in the Subarea will continue to grow, but may be hindered by the subarea's locational disadvantages and lack of an existing industrial base. To give the UGA an edge to boost economic development, the Foothills Subarea Plan Advisory Committee (FSPAC) has suggested the following actions and policies: Commercial development. The FSPAC recommended, and this Subarea Plan established, a "Planned Town Center Designation" near the center of the UGA. This area, which was rezoned to General Commercial in 2009, is intended for commercial, a variety of residential housing types, and institutional mixed uses. • Industrial development. The FSPAC recognizes the need for light impact industrial land uses within the Columbia Valley UGA. Therefore, the Subarea Plan contains a policy that supports a light industrial designation on the north side of the UGA to assure an adequate supply of prime light industrial sites within the UGA. With the addition of these policy decisions, it is likely that the UGA will experience faster employment growth than the rest of the subarea. The ECONorthwest "Foothills Subarea Economic Analysis" (June 12, 2007) suggested the subarea plan focus on: Promoting tourism. The Foothills Subarea's greatest assts are its proximity to the Mt. Baker- Snoqual nie National Forest and the recreational opportunities in the surrounding areas. The subarea would benefit economically from increased tourism. Policies to increase tourism may include working with private organizations to promote existing activities, developing events or festivals that attract visitors, or developing activities or attractions that draw visitors throughout the year. Preserve industrial land for industrial development. The Subarea Plan designates land in the Columbia Valley UGA for light industrial development. ECONorthwest recommends that the plan establish policies to preserve existing and new industrial land for industrial uses. Diversify the economy. The existing distribution of employment in the Foothills Subarea includes a disproportionately high share of government and Tribal employment. Diversifying employment in the Subarea will make the local economy less susceptible to economic or demographic changes that affect the Government sector. ECONorthwest recommends that the plan adopt policies that will help foster new businesses, such as business incubators. A business incubator is a facility, often run by a municipality or non-profit organization, to help start-up businesses enter the market. Incubators act to reduce costs to new businesses and, sometimes, to provide business development training. These facilities will offer below -market rents, shared access to common facilities and resources, and other benefits to entrepreneurs wishing assistance. Incubator tenants have a limited time in incubator facilities, encouraging them to get their operations up, running and profitable so they can afford market -rate space elsewhere, freeing up incubator space for other start-up businesses. 7-5 192 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 Whatcom County Comprehensive Plan Goals and Policies Much like the Foothills, Whatcom County's policies tend toward diversifying the economy, providing more family wage jobs, and creating a strong infrastructure throughout the county. Many of the goals in the Comprehensive Plan are similar to those in the Foothills Subarea Plan and encourage communities in the County to all strive for economic success. The plan proposes that economic prosperity may be linked with a continued high quality of life. Planning Issues Early in the public participation portion of this process, the participants in workshops and respondents to a questionnaire identified some economic issues that they wanted this plan to address. • A lack of local, family wage jobs available for the residential population in the subarea. • The subarea has a few retail stores and services but on the whole, especially in the easternmost portion of the subarea, the Foothills lack appropriate commercial development (grocery, restaurants, and general stores) and services (banking, medical, etc.). • Infrastructure (high-speed Internet and cellular service) isn't available for increased economic development in some parts of the subarea. • Lack of a city center for business and civic activity. • Employment should be increased in the subarea: home -based or cottage industries, resource - based industries, agriculture, and tourism. Some participants in the public process also indicated support for light industrial, technology -based and retail businesses in the subarea. Planning issues, as outlined in the previous sections, are largely related to the remoteness of the subarea. Its distance from Interstate-5 may pose challenges to future light industrial development as these types of companies often need quick access to major north -south corridors. The plan attempts to facilitate job growth by designating light industrial land within the Columbia Valley UGA and offering policies that will encourage light industrial development that is suitable to the Foothills unique circumstances. Additionally, the subarea has limited access to high-speed Internet and cell phone services. Internet and cell phone access is essential for many firms that provide professional services or Internet -based services and also for business people visiting the Foothills. These Internet -based companies often locate in remote areas because of the quality of life and peaceful atmosphere. The Foothills is also an ideal place for workers to telecommute from, but without high-speed Internet access in parts of the Subarea, it is impossible to attract those types of home -based enterprise. Planning Concept The Foothills is in need of an economic boost. The planning concept in this element is about diversification of employment types in the subarea, increased telecommunications opportunities, and creation and expansion of light industrial development. The subarea needs family wage jobs to support the economic needs of the residents and additional commercial development to reduce residents travel to Bellingham. But, all this economic development cannot occur at the expense of the community's desire to preserve the rural character, protect the environment, and sustain a high quality of life. 7-6 193 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals and Policies Goal EC1 - Preserve the natural beauty, open spaces, rural character and slow, rural pace of life in the Foothills, prized by long-term residents and newcomers alike. EC1-A Preserving forestry, agricultural and rural lands is especially important to maintaining a strong tourist industry in the Foothills Subarea. Goal EC2 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. EC2-A Ensure a 20-year supply of Light Impact Industrial land in the Columbia Valley UGA. EC2-13 Assure a wide -range of land uses, services and choices are available for Columbia Valley UGA residents and businesses. EC2-C Work with the Northwest Economic Council, Port of Bellingham, Foothills Chamber of Commerce, Foothills Community Development Association, local business and other organizations to promote the economic development potential and amenities of the Columbia Valley UGA. EC2-D Facilitate development in the Columbia Valley if it meets the area's economic development, land use, environmental preservation, transportation and Columbia Valley UGA chapter goals and policies. EC2-E Encourage public and private investment in public infrastructure to improve the economic base and accommodate growth. EC2-F Support appropriate economic development efforts in east Whatcom County, recognizing the benefits gained by Columbia Valley residents when jobs are created in any part of the subarea. EC2-G Economic development recruitment efforts in the Columbia Valley UGA should consider clean, low-water use industries, professional services and corporate headquarters which provide moderate to high wages. Goal EC3 - Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. EC3-A Work with the Northwest Economic Council, Port of Bellingham, Mount Baker Foothills Chamber of Commerce, Glacier Chamber of Commerce, Mount Baker Foothills Community Development Association, local business and other organizations to promote the economic development potential and amenities of the Small Town Commercial zones. EC3-B Support appropriate economic development efforts in east Whatcom County, recognizing the benefits gained by subarea residents when jobs are created in any part of the subarea. 7-7 194 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 Goal EC4 — Provide for increased employment opportunities in the Foothills. EC4-A The County shall make it a high priority to support, and encourage the support of, existing local businesses. EC4-B The County shall make it a high priority to encourage and support the creation of new local businesses that fill unfilled local economic niches. EC4-C The County shall recruit or assist in the recruitment of non -local businesses in cases in which those businesses align with the community's vision. EC4-1) Provide an adequate supply of development sites to accommodate anticipated employment growth within the public and private sectors, including appropriate parcel sizes, zoning, and other characteristics needed by firms likely to locate in the Foothills Subarea. EC4-E Take actions to reduce costs and time for development permits. Adopt development regulations and land use plans that are clear and concise. EC4-F Establish districts with tax abatements, loans, subsidized infrastructure, reduced regulations, or other incentives available to businesses in the district that meet criteria established by processes that implement this chapter's goals and policies. EC4-G Facilitate creation of low-cost space for use by new and expanding firms with shared office services, access to equipment, and networking opportunities. EC4-H Provide low cost mentors and advice for local small businesses in the area of management, marketing, accounting, financing, and other business skills. EC44 Coordinate economic development efforts with residents, land owners, businesses, the County and the State so that clear and consistent policies are developed. EC4-J Encourage a balanced and diversified economy in order to assure desirable local employment opportunities and to strengthen and stabilize the tax base. EC4-K Work with the Mount Baker Foothills Chamber of Commerce, Glacier Chamber of Commerce, Mount Baker Foothills Community Development Association, merchants, property owners and local citizens to develop an "Implementation Plan" to carry out the goals and policies of the Economics chapter of the Foothills Subarea Plan. EC4-l. Promote the creation of family wage jobs. EC4-M Encourage telecommuting by subarea residents whenever feasible. EC4-N Encourage the creation of home offices in the Foothills Subarea. EC4-0 Provide programs and/or partner with other agencies to upgrade sub- standard single-family, multi -family and commercial properties. EC4-P Promote new commercial businesses that retain commercial sales within the subarea. EC4-Q Cooperate with the Chambers and Northwest Economic Council to maintain an adequate data base and staff to encourage and assist businesses in expanding or relocating within the subarea. EC4-R Encourage businesses to seek local applicants for employments. EC4-S Support future policies and implementation programs that result in rural 195 Foothills Subarea Plan, Chapter 7 - Planning Commission Recommended Version June 24, 2010 economic development and diversification in the Foothills Subarea. EC4-T Stimulate economic growth while promoting a high quality of life. EC4-U Recognize and encourage commercial development which generates a high annual revenue return while protecting the natural and cultural environments and preserving or enhancing the quality of life in the community. Goal EC5 — Improve reliability of utility service in the Foothills. EC5-A Provide adequate public services (i.e. water and, in the UGA, sewer) and take action to assure adequate private utilities (i.e. electricity and communications) are provided to existing businesses and development sites. EC5-B Provide public and private infrastructure to designated commercial and light impact industrial development sites. EC5-C Provide high-speed communication infrastructure, including radio and the development of a fiber optic network (Internet). Goal EC6 — Ensure the Foothills subarea remains a safe place in which to reside, operate a business, and visit. EC6-A Make safety and crime prevention in business districts and through -out the subarea a priority. 7-9 196 Foothills Subarea Plan, Chapter 8 - Planning Comnussion Recommended Version June 24, 2010 8 Resource Lands From trees to fertile soil to mineral deposits, Whatcom County is rich with natural resources. The Foothills Subarea has a strong background in forestry, and the goals and policies in the Whatcom County Comprehensive Plan and Foothills Subarea Plan reinforce forestry's persistence in the Foothills. Settlers harvested trees from the coast all the way into the North Cascades and today forestry is still important to the area. In fact, approximately 87 percent of the Foothills Subarea is designated forestry lands. In addition to the forests, the Foothills Subarea is actively involved in mineral resource extraction. Limestone, olivine, and sand and gravel aggregate are currently the most common minerals excavated in the Foothills Subarea. There are five Mineral Resource Land (MRL) designations in the subarea. Sand and gravel mining occurs southeast of Kendall. Limestone products (crushed rock and stone) are mined from the quarry on the east side of Red Mountain, southwest of Silver Lake and, to a lesser degree, from the quarry on the west side of Red Mountain, north of Kendall. There is also a bedrock MRL located on the north side of South Pass Rd., but it is not being mined for commercial purposes at the present time. The Foothills is home to one of the largest deposits of olivine in the United States and a relatively small quarry is operated in the southeastern portion of the subarea, adjacent to the National Forest. While berry crops and dairy farming characterize much of northern Whatcom County, the Foothills agricultural activities are primarily limited to small beef producers, horse farms and other rural farming lifestyle pursuits. However, these farming activities do not all occur on designated Agricultural lands. In fact, in the Foothills Subarea, there is only one area (south of Deming) that is designated Agricultural land. The Rural one dwelling/five acre and one dwelling/ten acre zones contain many of the small farm enterprises. Resource lands are defined as lands that have a comprehensive plan designation of Commercial Forestry, Rural Forestry, Agriculture or Mineral Resource Lands. Resource lands comprise almost 90 percent of the land base in the Foothills Subarea, as shown below: Table 8.1 - Resource Lands in the Foothills Subarea Comprehensive Plan Designation Acres Percent of Subarea Commercial Forestry 98,735 74 Rural Forestry 16,980 13 Mineral Resource Lands 1,301 1 Agriculture 214 0.16 Source: Whatcom County. Whatcom County Comprehensive Plan Goals and Policies A number of Whatcom County Comprehensive Plan policies bear directly on resource lands in the Foothills. These policies are supported by the results of the Foothills subarea planning process, which displayed strong support for maintaining forestry and agricultural lands. 8-1 197 Foothills Subarea Plan, Chapter 8 - Planning Commission Recommended Version June 24, 2010 Planning Issues Natural resources have historically supported the Foothills economy. That is changing. More people are moving into the Foothills who rely on income from other sources. The following issues came into focus during the planning process, defined through Vision Week and subsequent public outreach activities: • While forestry in the Foothills is still going strong, the majority of Foothills residents now rely on jobs elsewhere and in other sectors. • Much of the productive forest land in the Foothills is now regenerating, with trees allowed to mature before being harvested. • About 1/2 of the designated Commercial Forestry and Rural Foresty land in the subarea is privately owned. • Resource extraction also continues in the Foothills, and the existing miring operations intend to continue, providing aggregate and other mineral materials for road building and construction. • Agricultural production also continues, but there is pressure to convert land in the valley floor to rural residential uses. Planning Concept Resource -based activities have been a consistent part of the Foothills since 1900. While economic prosperity has ebbed and flowed, and technology has forced certain changes, these industries continue. This subarea plans concept regarding resource -based industry is simply to let them be. Forest land is designated as forest land. Mineral extraction areas are designated as mineral resource lands. Agricultural land is designated as agricultural land. And all of these lands are protected by various regulations which are strengthened by the goals and policies presented in this plan and the Whatcom County Comprehensive Plan. Foothills Subarea Plan Goals and Policies Goal RU — Conserve the natural resource lands of the Foothills Subarea for the continued production of food, minerals, forage and timber while promoting the expansion and stability of the County's agricultural and forestry economies. RLl-A Protect lands that are designated Rural Forestry or Commercial Forestry in the Whatcom County Comprehensive Plan from encroachment by UGA expansion. RLl-B Designated forestry, agriculture, and mineral resource lands should be protected from incompatible development with the intent of facilitating long- term commercial production of timber, food or agricultural products, or the extraction of minerals. RLl -C Whatcom County shall discourage community facilities in the Commercial Forestry Comprehensive Plan designation, except dispersed recreational opportunities. RLl-D When evaluating comprehensive plan amendments, rezones, and discretionary development permits, Whatcom County should discourage residential land uses in and adjacent to areas designated as Mineral Resource Lands with the intent of retaining future access and utilization options. 8-2 Foothills Subarea Plan, Chapter 8 - Planning Commission Recommended Version June 24, 2010 RLl-E Forested areas shall be discouraged from conversion to other uses that might preclude continued forest management. RL1-F The County will encourage the DNR to conduct public information programs, when jointly determined to be necessary, concerning forest practices that are proposed to occur within the Foothills Subarea. 8-3 199 Foothills Subarea Plan, Chapter 8 - Planning Conmussion Recommended Version June 24, 2010 Map 8.1: Designated Resource Lands Foothills Subarea Plan - Designated Resource Lands Comprehensive Plan Designation Agriculture - 214 Acres Rural Forestry-16,980 Acres _ Commercial Forestry - 98.735 Acres - Mineral Resource Lands -1.301 Acres Foothills Subarea Boundary 8-4 otterwurcor coorrrt crseauowt�rM[m!n .WIW.f WIY r.1 f�LLCn.Y Ir.,Il1iP p„�f�' j;0.��..Cp� Z010 ■YaaGw HrWw w.wrMrPeMrLYr,r.rnry OS3't 6 , n rvr,o n}r.waw..n.e.rww.re«wnrr �.tM1 Mrr►.I.rlf.r.}nr./tl rlN watNrb rP. •. rr.oxrq.nylmrw rPr<IrrL.yXYCr M.ey. �' �+� � l7 rr r.:. nr rr.n m.rwrYq W M!r}r rd IMMIPrgnrr4YfY}4.r tYrlrrsYr Mnl.tnmlw . W. r.ww..,rui•..w.rrvr.u. sf�-� N F: '4o—�7i'q.' ±6% xw. MerA:n10 200 Foothills Subarea Plan, Chapter 9 - Planning Commission Recommended Version June 24, 2010 9 Recreation In addition to the existing Whatcom County Comprehensive Plan Recreation Element, a Comprehensive Parks, Recreation and Open Space Plan guides development of recreational facilities in the county. Both plans include goals and policies for the maintenance and expansion of parks and recreation facilities in the county. Existing Facilities Existing parks, natural areas and conservation sites (open to the public), and recreation facilities in the Foothills Subarea include: Table 9.1 Existing Park Facilities Facility Provider Parks Silver Lake Park, 412 acres Whatcom County Deming Homestead Eagle Park, 33 acres Welcome Bridge Access, .60 acres Natural Areas and Canyon Lake Community Forest, 2,266 Whatcom County Conservation Sites acres Ostrom Conservation Site, 39 acres Trails Silver Lake Trail, 3.1 miles Whatcom County Bay to Baker Trail (portions of the Maple Falls/Glacier segment), 4 miles Canyon Lake Community Forest Trail, 4.5 miles Ostrom Conservation Forest Trail, .66 miles Deming Homestead Eagle Park Trail, .30 miles Senior Centers Welcome Senior Center Whatcom County Play fields Kendall Elementary School Mt Baker School District Mt. Baker Junior High/Senior High School The County's Comprehensive Parks, Recreation and Open Space Plan provides additional detail on the types and extent of parks and recreation services provided by the County. In addition to facilities provided by the County, the Mt. Baker School District and the U.S. Forest Service also provide recreational facilities. Those recreational facilities may be subject to scheduling restrictions or fees, depending on requirements of those other agencies. Parks and Trails Within the Foothills Subarea, Whatcom County Parks & Recreation department operates Silver Lake Park and Deming Homestead Eagle Park, and maintains a river access site for drift boats at the Welcome Bridge. The County also owns two natural areas/conservation sites that are open to the public: Canyon Lake Community Forest (co -owned with Western Washington University) and the Ostrom Conservation 9-1 201 Foothills Subarea Plan, Chapter 9 - Planning Commission Recommended Version June 24, 2010 Site. These facilities are scattered across the subarea. None of the existing park facilities or park land are within the Columbia Valley UGA. The County maintains about 12.5 miles of trail through the Foothills Subarea. These trails occupy old railway beds — Maple Falls to Glacier — or wind through dense forests with breath -taking views — Canyon Lake Community Forest Trail, The Maple Falls to Glacier segment of the Bay to Baker Trail will eventually be about 7.8 miles in length. There are gaps in this trail, as a privately owned parcel bisects the trail and several bridges need to be installed to provide a continuous trail between Maple Falls and Glacier. Additionally, some portions of the railroad bed are no longer in existence because of Nooksack River erosion. The Silver Lake Trail is operated in conjunction with the Silver Lake Park facilities. There are also trails on state lands within the subarea and within the Mt. Baker-Snoquahnie National Forest to the east of the subarea. The Foothills also are home to a few snowshoe and cross-country ski trails located in the subarea and within the Mount Baker-Snoqualmie National Forest to the east of the subarea. The populated, low-lying regions of the foothills don't generally support consistent snow -pack, but higher elevations —Mount Baker trails for example — maintain snow throughout the winter. Residents in attendance at public meetings and respondents to the questionnaire associated with this process frequently cited parks and trails as urgent needs for the Columbia Valley/Kendall area. While the Foothill's "rural character' and "natural beauty" are strong contributors to the residents' reasons for living in the area, organized parks near densely populated areas are uncommon. Also, residents said they want more trails connecting housing to business areas and to other communities. Play Fields As of 2007, only the school facilities within the Foothills Subarea — Mt. Baker Junior High/Senior High Schools and Kendall Elementary School — maintain play fields for community use. Mt. Baker Junior High/Senior High Schools offer two soccer fields, two softball fields, one football field, one baseball field, 0.25-mile rubberized track, and basketball courts. Kendall School maintains a playground, recreational courts, multi -use baseball and soccer field complex, and a full gymnasium. Community members are allowed to reserve these facilities. National Forest The Foothills Subarea is located adjacent to the Mt. Baker-Snoqualmie National Forest. The forest brings visitors and seasonal residents of the Foothills communities to enjoy the trails, skiing, and beautiful scenery. Senior Centers The county maintains one senior center within the Foothills Subarea at Welcome. As of 2007, the center is open from 9 a.m. to 4 p.m. on Thursdays. Whatcom County Comprehensive Plan Goals and Policies The County's parks and recreation goals and policies as expressed in the Whatcom County Comprehensive Plan continue to apply to the Foothills subarea. This plan proposes no amendments to them. 9-2 202 Foothills Subarea Plan, Chapter 9 - Planning Commission Recommended Version June 24, 2010 Planning Issues Community responses during the visioning process, in workshops and to the questionnaire, defined some of the parks and recreation issues this subarea plan should address: • Foothills residents value proximity to the natural open spaces that surround the valleys, enjoying a range of year-round outdoor activities. • There will be an increasing need for park, recreation and athletic facilities. • The Foothills serve the recreation needs of a population far larger than that residing in the subarea. • The lack of a comprehensive trails system forces recreational bicyclists and pedestrians to share rights of way with vehicular traffic. Planning Concept The Foothills is an active place. Streets in Columbia Valley's neighborhoods are alive with children and youth on bikes and on foot. County roads and the state highways are popular bicycling tour routes. Mount Baker is a favorite ski and snowboard destination in the Northwest, and it is becoming more of a year round attraction. The North Fork of the Nooksack River is busy with rafters in the spring and summer. Residents and visitors value the Foothills' natural setting and the access to recreation it promises. The parks and recreation concept in this subarea plan is to enhance resident and visitor access to recreational opportunities. The County's Comprehensive Parks, Recreation and Open Space Plan goes a long way to do this, but the subarea planning process has generated specific ideas that complement the County's parks and recreation activities. Foothills Subarea Plan Goals and Policies Goal R1 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. RI -A Acquire and develop parks in the UGA. Rl-B Encourage co -location of parks with schools and public facilities. Goal R2 - Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of daily errands. R2-A Provide public spaces in which residents and visitors can gather near town centers. M 203 Foothills Subarea Plan, Chapter 9 - Planning Conunission Recommended Version June 24, 2010 Goal R3 — Recognize and encourage a high level of cultural and social diversity in the Foothills. R3-A Invest in public plazas and other places for the public to meet. R3-B Provide for parks in the UGA. R3-C Develop and fund cultural recreation programs, tapping local talent as a source for leadership and participation. Goal R4 — Enhance resident and visitor access to the Foothills' recreational opportunities. I. R4-A Identify likely trailhead locations and encourage compatible land uses and facilities nearby. R4-B Promote a park and recreation system that is integrated with existing and planned land use patterns and is diverse, abundant and assures maximum public access and usage. R4-C Ensure that land use patterns and parks and recreation planning mutually support each other, are consistent with the adequate provision of recreational opportunities for residents, encourage tourism, and conserve and enhance existing public investments and resources. R4-D Park, recreation, and trail land should be acquired and improvements should be constructed utilizing public and private funds, as authorized by law. ME Promote and encourage the provision of public parks as demand increases in the Foothills Subarea where warranted by existing or potential population levels. R4-F Improve public access to shorelines using such mechanisms as the development permit approval process, transfer of development rights, density bonuses (in the UGA), and open space property tax status. R4-G Identify the need for and approximate location of new park and recreation sites and connecting recreational trails/paths in the Foothills Subarea. 9-4 204 Foothills Subarea Plan, Chapter 9 - Planning Commission Recommended Version June 24, 2010 Goal R5 — Provide a network of recreation and transportation -oriented trails interconnecting the Columbia Valley UGA and Rural Centers and linking populated areas to recreational open spaces. RS-A Designate recreational trails in a comprehensive trails plan and prioritize and program their improvement. R5-B Collaborate with the community to confirm recreational trail alignments and acquire necessary rights of way. R5-C Identify and designate accessible recreational trails for disabled, pedestrians, bicyclists, and equestrians. RS-D Provide, where appropriate, for the location and maintenance of restrooms and trash receptacles when planning and constructing trails. RS-E Bikeways and pedestrian ways should be provided in new developments to link residential areas, shopping areas, recreational areas and educational facilities. Goal R6 — Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea. R6-A Encourage the use of pervious surfacing options that reduce total surface runoff, facilitate infiltration, and filter pollutants (for pollution generating surfaces) in all Whatcom County Parks and Recreation areas. 9-5 205 Foothills Subarea Plan, Chapter 10 - Planning Commission Recommended Version June 24, 2010 10 Community Facilities, Schools, Sheriff, Fire Protection, Emergency Medical Services and Solid Waste Management Existing Facilities A range of public and community facilities serves the Foothills Subarea. The following paragraphs provide additional information on each of them. Library Library service for the Foothills population is provided by the Whatcom County Library System through its branches and bookmobile. As of 2007, there are branches located in Maple Falls and Deming. The two libraries are part of the Whatcom County Rural Library District, a special countywide taxing district. All permanent Whatcom County residents have borrowing privileges as long as they possess either a county or City of Bellingham library card. The growth of the region and the recognition of the role of the public library as a community center and as the place for ongoing and lifelong learning have necessitated local efforts to expand and/or re -locate library facilities. Changing demographics, including an immigrant population, also contribute to this need. The Friends of the Deming Library have completed an addition to their facility, and there are plans to re -locate the Maple Falls Library to a new, central location in Kendall, thanks to the efforts of the Friends of the North Fork Community Library. The libraries provide public access to the Internet as well as many other services such as children s story hour and teen reading events. The relocation of the Maple Falls library to a new central location in Kendall supports these services. Schools Mt Baker School District 507 primarily serves the Foothills and areas beyond. Its facilities within the subarea include the Kendall Elementary School (grades pre-K through 6), Mt Baker Junior High (grades 7 & 8), and Mt Baker High School (grades 9 through 12). In fall 2007, the Mt. Baker School District created the Mt. Baker Academy, assisting the educational needs of home -schooled children in the district. The district offices are located in Deming adjacent to the high school. Nooksack Valley School District 506 serves the extreme northwestern portion of the Foothills subarea and has no facilities located in the Foothills. Sheriff The Sheriffs Office has a small satellite office in the Kendall Fire Hall to support the one deputy on duty in the Foothills. That satellite office consists of a desk and a phone and is donated to the Sheriffs Office by Fire District 14. Fire Protection Whatcom County Fire Districts 1,14,16 and 19 serve the Foothills Subarea. The four fire districts observe mutual aid agreements. Fire District 1 is strictly volunteer, with stations in Everson and Nugent's Corner. Fire District 14 employs a part-time fire chief and a full-time deputy chief and has stations in Welcome, 10-1 206 Foothills Subarea Plan, Chapter 10 - Planning Commission Recommended Version June 24, 2010 Sumas and Kendall. Fire District 16 serves the Acme/Van Zandt area and is also composed entirely of volunteer firefighters. Fire District 19 serves the Glacier area and is an entirely volunteer force. Not all of the subarea is within a fire district, however. Much of the forestry land and some of the land very sparsely populated along the valley floors are not included within any fire district. The US Forest Service and Washington Department of Natural Resources are responsible for fighting wildfires on their properties, and they will occasionally respond to structure fires on in -holdings or on property near forest areas where the fire may threaten to spread onto federal or State land. Emergency Medical Services Emergency medical services (EMS) are provided by the fire protection districts. All four fire districts offer EMS service at varying levels. Fire District 14 reported that aid calls occupy a majority of the Fire District's activity. The Whatcom County EMS and Trauma Care Council provides and coordinates training for EMS and fire protection staff. Solid Waste Management Whatcom County's Public Works Department is responsible for solid waste management in unincorporated Whatcom County. Private haulers collect solid waste and transport it to transfer stations in Whatcom County. Sanitary Service Company, Inc. and Nooksack Valley Disposal provide garbage pick-up services in the subarea. There are no open landfills in the county, so all non -recyclable solid waste is transported out of county for landfilJing. Proposed Facilities In light of the increased population in the Foothills Subarea, each community facility provider operating in the subarea evaluated the existing capacity of their services to determine whether or not to maintain, expand, and/or reorganize their resources. Agency Response Library As of 2010, the Friends of the North Fork Community Library are building a new library in the Kendall Small Town Commercial zone to serve the growing population in the Columbia Valley UGA and to serve as a central location for library -goers in the Foothills Subarea. This new library would replace the library in Maple Falls. The Whatcom County Library System monitors demographics and other factors on an ongoing basis as part of the planning for library facilities and hours. The Friends of the Deming Library expanded the Deming Library in 2007- 09, adding approximately 5,000 square feet to the existing 2,500 square - foot library. Schools The Foothills Subarea is served by the Mount Baker School District. The District's Six -Year Capital Facilities Plan (Feb. 2006) states: If the growth occurs in the Columbia Valley that is currently being negotiated the District may need to build an additional Elementary School. Based upon the District's capacity data and enrollment projections, as well as student generation data (number of student per each new construction in the past four years), the District has determined that 10-2 207 Foothills Subarea Plan, Chapter 10 - Planning Commission Recommended Version June 24, 2010 Agency Response significant capacity improvements will be necessary to serve students generated if the proposed residential construction does occur. Sheriff's Office The Sheriff's Office is planning for 1.2 Deputy Sheriffs per 1000 population on a County -wide basis. Also, an increase in population will put added strain on the Sheriff's Office during times of extreme weather or catastrophic events (volcanic eruption, land slide, etc.) and they are planning additional services to respond in the event of such an emergency. Fire Protection/Emergency Each of the four fire districts that serve portions of the Foothills Subarea Medical Services provide both fire and emergency medical services. Of the four, Fire District 14 serves the largest portion of the subarea. Fire District 1: The fire district indicated that population growth within their district would have very little impact on their ability to provide services and they had no planned facilities or service expansion. Fire District 14: Fire District 14 serves the Columbia Valley UGA. In 2010, the District is working to update its capital facility plan. Fire District 16: Less than 1 % of the land in the Foothills Subarea is within District 16 and these lands are planned for rural and forestry land uses. Growth in the portion of the District within the Foothills Subarea should have little impact on their ability to provide service. Fire District 19: The fire district indicated that the large number of aid calls within the neighboring national park and national forest coupled with the lack of available land within their district will limit their ability to collect additional revenue on developed land which, in turn, limits their ability to improve services. The fire district also has and will continue to have a difficult time drawing volunteers from the largely seasonal population in Glacier. Solid Waste Management Solid waste collection is privatized in the subarea. Increased population would be an increase in business and would be absorbed by the company accordingly. Transfer station operators indicate their services will not be impacted by the increased population in the Foothills Community Health Center The Interfaith Community Health Center may consider a satellite clinic in the Columbia Valley/Kendall area in the future. Whatcom County Comprehensive Plan Goals and Policies The Whatcom County Comprehensive Plan does not include a chapter on community facilities, schools, sheriff, fire, EMS, and solid waste management, but the plan does include goals and policies in several of its elements that address the provision of these services. Additionally, the Whatcom County 20-Year Capital Facilities Plan addresses many of these facilities (see Appendix E of the Whatcom County Comprehensive Plan). This subarea plan proposes no amendments to specific comprehensive plan goals or policies. The goals and policies in the Subarea Plan are intended to complement those already in place. 10-3 Foothills Subarea Plan, Chapter 10 - Planning Commission Recommended Version June 24, 2010 Foothills Subarea Plan Goals, Policies and Programs Goal PH - Preserve the natural beauty, open spaces, rural character and slow, rural pace of life in the Foothills, prized by Iona -term residents and newcomers alike. PFl-A Locate community facilities near areas of concentrated population. Goal PF2 - Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. PF2-A Construct a regional resource center in the UGA. Goal PF3 - Enhance the Rural Centers of Deming, Kendall, Maple Falls, and Glacier as vital, vibrant and distinct areas, within which the community can meet, mingle, shop and take care of dailv errands. PF3-A Encourage a mix of civic and cultural structures and land uses in small town zoning districts. PF3-B Encourage law enforcement presence in Rural Centers through the neighborhood deputy program and daily patrols. Goal PF4 - Provide for increased employment opportunities in the Foothills. PF4-A Match services and facilities to demand resulting from successful economic development efforts. Goal PF5 - Enhance resident and visitor access to the Foothills' recreational opportunities. PF5-A Encourage locating community facilities near access to recreational opportunities in or near the UGA or Rural Centers. PF5-B Collaborate with the community and local cultural groups to plan and develop interpretive trail sites. 10-4 209 Foothills Subarea Plan, Chapter 10 - Planning Commission Recommended Version June 24, 2010 Goal PF6 — Ensure the Foothills subarea remains a safe place in which to reside, operate a business, and visit. PF6-A Encourage provision of a satellite sheriff's office in a centrally located area within the Foothills subarea. PF6-B Encourage interagency coordination between the Whatcom County Sheriff's Office and Nooksack Tribal Police. PF6-C Whatcom County shall discourage development in areas that are inaccessible to ambulances, sheriff's vehicles and fire fighting equipment until private roads are developed that meet emergency vehicle access requirements. Goal PH — Plan and coordinate the provision and location of public facilities and services in a manner that implements the goals and policies of the Foothills Subarea Plan. PF7-A Ensure that a beneficial balance exists between the supply and demand for public services. Encourage the cooperation among municipalities, special districts, and associations in the planning and provision of public services. Discourage the proliferation of unnecessary special purposes districts. PF7-B Adequate facilities and services which provide diverse education, recreation, cultural and social opportunities should be encouraged. 10-5 210 Foothills Subarea Plan, Chapter 10 - Planning Conunission Reconunended Version June 24, 2010 Map 10.1: Community Facilities rNooksack Valle o .a y _IDistrlct#14( School District #506-j Proposed K-do4 Ubary y_ f yawe Falb Library Foothills Subarea Plan - Community Facilities Whatcom County Fire Protection Districts Whatcom County School Districts Q Whatcom county Fire District 91 i'�� School District Boundary Whatcom county Fire District #14 © Public Schools ® Whatcom county Fire District #16 Whatcom County Library System - Whatcom county Fire District #19 0 Deming Library, Maple Falls Library, 0 Fire Stations Proposed Kendall Library Whatcom County Sheriff 0 Satellite Office Foothills Subarea Boundary 10-6 auw r� m:r�raun°:o niluin'x �' �rFo4r4rb v°+P� 2007 e September 2007 sbw D D.S I 2 3 4Y 211 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 11 Environment This subarea is a beautiful place. At the very east of the subarea, densely forested foothills at Mount Baker's base rise out of deep valleys cut by glaciers and further deepened by the Nooksack River and its tributaries. Moving westward, the landscape softens and valleys become wider, stream -sides crowded with thick forests of deciduous and coniferous trees. The Nooksack's wild waters begin to calm and flatten at the westernmost boundary of the subarea, slowly forming broad fertile floodplains as the river continues its winding journey to Bellingham Bay. The dense forests of the subarea are primarily composed of evergreen and deciduous tree species and shrubs on the hillsides and thickets of deciduous and evergreen trees and shrubs along the river and stream banks. Many of these hillside forests are managed for timber production and have already been harvested two times or more since European settlers arrived in what is now eastern Whatcom County. Wildlife abounds in the subarea. It is home to many species of birds including the Bald Eagle and its frequent prey, salmon running up the Nooksack River. The forests are also populated with deer, bear, elk and various other large and small mammals and many common species of rodents, amphibians and reptiles. Surface Water The Foothills Subarea contains five major watershed basins — the Sumas River Basin; the Saar Creek Basin; the Upper South Fraser Basin; the North Fork of the Nooksack River; and the Middle Fork of the Nooksack River. The drainage basins of the North and Middle forks of the Nooksack River, combined with the South Fork basin are primary water sources for Bellingham and Whatcom County. Together these rivers, their tributaries and drainage basins comprise the Nooksack watershed which is the chief hydrologic management unit in the subarea and county. The upper Nooksack River area consists of ancient, uplifted, and deeply dissected erosion surfaces cut into a complex series of granitic metamorphic rocks. These are overlain by early tertiary sandstones, shales, and coal beds which occupy the central portion of the Nooksack River Basin. Both the North Fork and the Middle Fork of the Nooksack River flow through valleys which were initially stream -cut and later modified by glacial activity. Generally the valley floors are underlain by a fill several hundred feet thick of glacial and stream sediments. North Fork Basin The Nooksack's North Fork originates from the East Nooksack Glacier, at the base of Mount Shuksan, and flows 30 miles to its confluence with the Middle Fork. It drains a 293 square mile area with an annual runoff estimated at more than one million acre feet. Its high flow period is between October and March. Its low -flow periods occur twice, once during mid -winter when tributaries are frozen and precipitation is primarily snow and then again in the late summer or early fall. There are over 100 tributaries — including primary contributions from Wells, Glacier and Canyon creeks — that contribute to the North Fork's volume. Elevations in the basin range from 300 feet near Deming to the 10,778-foot peak of Mount Baker. Most of the area is forested, with some farming and grazing in the valleys. Most of the tributaries of the North Fork are fed by the waters from melting snow pack and glaciers. Sixty-three glaciers covering 16 square miles in the Nooksack Basin provide natural water storage and 212 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 help maintain summer flows. While the melting ice does help rivers maintain flow during the drier months, glacial ice melt contributes to the turbidity of the river and its tributaries. The North Fork has eight major tributaries that fall under the purview of the Shoreline Management Program: Glacier Creek, Cornell Creek, Canyon Creek, Boulder Creek, Maple Creek, Kendall Creek, Racehorse Creek, and Coal Creek. The basin also contains three lakes. Silver Lake is the largest lake in the subarea. It is about 3 miles north of Maple Falls and is the source of Maple Creek. It is approximately 180 acres and reaches depths of 30 feet. Kendall Lake is about 12 acres and drains into the Nooksack River via Kendall Creek. Bald Lake is located almost 6 miles north of Glacier on the northeast side of Bald Mountain. The lake drains into Canyon Creek. Middle Fork Basin The Nooksack's Middle Fork originates from the Deming glacier, on the Southwest side of Mount Baker, and flows 17 miles to its confluence with the North Fork, just south of Mosquito Lake Road. It drains an area of 100 square miles, about one -eighth of the total Nooksack River drainage area. Topography is similar to the North Fork basin, although elevations are somewhat lower. The river gradient averages 279 feet per mile. Precipitation is quite heavy, with the heaviest runoff probably occurring on the southwest slopes of Mount Baker. Runoff within the basin is estimated to be about 96 inches for an annual runoff of 377,200 acre feet. Low flows occur in late summer and mid -winter. Snow and ice fields are the most important forms of natural surface storage in the Middle Fork basin. The Middle Fork has seven primary tributaries: Canyon Creek, Porter Creek, Clearwater Creek, Rocky Creek, Galbraith Creek, Sisters Creek, and Warm Creek. The basin contains three lakes. Canyon Lake is in the Canyon Creek Valley near Racehorse Mountain, four miles east of the confluence of the North Fork and the Middle Fork and is part of the headwaters for Canyon Creek. It is approximately 45 acres and reaches depths of about 66 feet. Mosquito Lake is about 1 mile north of the subareas southern boundary, west of Mosquito Lake Road. It covers about 7 acres and is located adjacent to actively harvested forests. Jorgenson Lake is 1,000 feet from Mosquito Lake and varies in size from 5 to 12 acres seasonally. Sumas River and Upper Fraser River Basin The Sumas River, host to native, unstocked fish species, drains a 57 square mile area of Whatcom County northward into Canada and eventually into the Fraser River. Only a small portion of the Sumas Basin is in the Foothills Subarea. Of the three tributaries to this drainage, two originate in the subarea: Breckenridge Creek and Saar Creek. Lost Lake, the headwaters of Breckenridge Creek, is three miles West of Kendall. The lake's surface area is about 4.4 acres. The Saar Creek Basin is a 10-square mile watershed and drains Vedder Mountain and the northwestern portion of Sumas Mountain. Saar Creek flows north into Canada where it joins the Sumas River. Only about 1 mile of the creek is in the subarea. Several small tributaries of the Fraser River drain the northeastern corner of the subarea. Surface Water Quality Water quality in the Foothills is of the highest importance to the subareas residents. In response to a questionnaire distributed during this planning process, respondents indicated a high preference for excellent water quality. Unfortunately, many of the water -bodies that feed the Nooksack River are listed 11-2 213 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 on the Environmental Protection Agency's 303(d) list as Category 5 water bodies. These bodies contain more than the Total Maximum Daily Load (TMDL) of a contaminant or condition. Water bodies may be listed for one or more pollutant. In the subarea, temperature is the most commonly listed impairment to the water bodies listed. The threshold for listing the water under category 5 is different for each water body depending on the life it supports, whether it is essential salmon habitat and its physical characteristics. Table 1 1.1—303(d), Category 5 listed water bodies in the subarea and associated nonpoint pollution source Water Body Reason for Category 5 listing Nonpoint Pollution Sources Bells Creek Temperature Forest Practices, Road Canyon Creek Temperature Forest Practices, Road Canyon Lake Creek Temperature Forest Practices, Road Cornell Creek Temperature Forest Practices, Road Gallop Creek Temperature Mines, Forest Practices, Road Kendall Creek Temperature Agriculture, Urbanization Kenney Creek Temperature Forest Practices Nooksack River (Middle Fork) Temperature Urbanization, Road Porter Creek Temperature Forest Practices Racehorse Creek Fine sediment and temperature Forest Practices Peat Bog Creek Temperature Road Source: Environmental Protection Agency's 303(d), Categonj 5 list of impaired water bodies, 2006 The table above shows the reason for listing the water body as category 5 and the potential nonpoint pollution contributors. None of the water bodies in the subarea had a point source for the condition each was experiencing. Forest practices and roads were largely responsible for the pollution. Only four of the creeks were listed on the 1998 category 5 list and the Nooksack's Middle Fork was not listed in 1998. The Department of Ecology bases their listing on the 7-Day Average of the Daily Maximum' or "7- DADMax." This is the standard for measuring temperature. The number is calculated by averaging the daily measurement with the daily maximum three days prior and three days following the measurement. Middle Fork Diversion Dam The City of Bellingham operates a dam on the upper reaches of the Nooksack's Middle Fork for purposes of diverting water to Lake Whatcom during spring and winter months. The diversion sends water from the Middle Fork via aqueduct through Bowman Mountain, around Van Zandt Dike, finally discharging into Mirror Lake. The water is then carried through Anderson Creek into the south end of Lake Whatcom. When the dam was built and first operated in 1963, it was thought that the various salmon species common to rivers in Whatcom County would not spawn as far up the Middle Fork as the diversion dam and the existing river features prevented salmon passage. It was later discovered that the diversion dam did actually form an unnatural barrier that limited salmon attempting to spawn in the Middle Fork. 11-3 214 Foothills Subarea Plan, Chapter 11 - Planning Comnussion Recommended Version June 24, 2010 The VMA 1 Salmonid Recovenj Plan calls for an alteration of the existing diversion dam to allow the safe passage of anadromous fish species. This action is the number one priority for the recovery plan in the next ten years. Issues These issues were identified in the 1988 Foothills Subarea Plan and are still applicable in regards to the surface water conditions that exist in the subarea today. Forest cover can enhance water quality by reducing the impact of precipitation on the ground surface and by holding the soil with tree roots. Soil erosion and sediment flow to surface waters are thereby reduced. Also, through the reduction of erosion, the quality and quantity of both surface water and ground water are enhanced. With 91 percent of the subarea in forestry, it is important that relationships between forest practices, environmental quality, and the role that public agencies play in mitigating adverse impacts on these systems can be clearly understood. Boulder Creek has experienced problems with bedload movement and aggrading, which have damaged Mount Baker Highway and obstructed traffic in the past. The creek floods frequently. The Boulder Creek bridge was replaced in 2008 with a higher, wider bridge. • The drainage basins of the North Fork and Middle Fork are primary water sources for Bellingham and Whatcom County. Existing and future developments that may have negative impacts on the water quality of the Nooksack should be closely scrutinized. • Surface water must continue to be of a high enough quality to support salmonid species. Waters that are not of high enough quality and have traditionally supported salmonid species should be monitored and upgraded whenever possible to support salmonid populations. Ground Water Ground water supplies are of great importance to subarea residents because the prime source of domestic water is via private wells or community water districts that are supplied by groundwater. Ground water in the subarea is used primarily for domestic consumption and to a lesser extent, for agricultural irrigation, fish propagation, and commercial use. In general, the subarea has high quality groundwater and adequate water quantity where topography is conducive to settlement. Aquifer recharge in the subarea occurs through direct precipitation and infiltration of rainfall and snowmelt into the foothills and the mountains. Availability of groundwater is closely related to the surficial geological structure, topography, and surface elevation. The regional water table generally conforms to surface topography. Issues These issues were identified in the 1988 Foothills Subarea Plan and are still applicable in regards to the ground water conditions that exist in the subarea today. • Areas where the water table is five feet or less from the surface, particularly along the 100-year floodplain, deserve particular consideration with respect to septic system use because of the potential for groundwater contamination. 11-4 215 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 The major threat to ground water quality in the Columbia Valley as well as the valleys of the North Fork and South Fork, is the very rapid permeability rates of the soils. These soils are poor filters for septic effluent and have a high potential for groundwater contamination. New on -site sewage disposal regulations, which became effective in 2007, require increased treatment (i.e. sand filter systems) in areas with course soils, addressing the possibility for contamination in areas not served by public sewer. Plants and Wildlife The plants and animals of the Foothills Subarea are major components of the regions natural resource base. Most of the subarea consists of forested uplands containing large stands of commercially harvestable timber. These forests are also habitat for wildlife, many of which have limited tolerance for human intrusion and require large territories. Plants There are more than 300 plant species in the Foothills Subarea. They are primarily found in the dominant habitat — forests. More than 90 percent of the land in the subarea is occupied by mixed coniferous deciduous forests. These forests are in either second or third growth following the forestry boom of the 1800s and are primarily made up of western hemlock (Tsuga heterophylla), western red cedar (Thuja plicata), and Douglas fir (Pseudotsuga menziesii) in the lower elevations and silver fir (Abies amabilis), mountain hemlock (Tsuga mertensiana) and Douglas fir on the higher slopes. Also common are grand fir and Sitka spruce. Understory trees are primarily vine maple (Acer circinatum), Pacific dogwood (Corms nuttalii), and western yew (Taxus brevifolia). Typical shrubs and herbaceous plants associated with the coniferous forests include Oregon grape (Mahonia aquifolium), salal (Gaultheria shallop), sword fern (Polystichum munitum), bracken fern (Pteridium aquilinitim), red huckleberry (Vaccinitim parvifolium) and rhododendron (Rhododendron). The deciduous component of subarea forests includes species such as red alder (Alnus rubera), black cottonwood (Populus balsamifera), Pacific dogwood, willow (Salix), and bigleaf maple (Acer macrophyllum). Red alder dominates as a pioneer species on landscapes disturbed by logging, burns or other clearing activities. Birches (Betula), willows (Salix), and cottonwoods grow beside streams and lakes and in low, moist areas. These trees provide riparian zones with stream -bank stabilization, making the shoreline less vulnerable to flooding and helping to reduce runoff and erosion, minimizing damage to property and protecting fish habitat. Shrubs commonly associated with this deciduous and mixed coniferous deciduous forests include wild rose (Rosa), ocean spray (Holodiscus discolor), elderberry (Sambticus), salmonberry (Rebus spectabilus), thimbleberry (Rebus parviflonis), wild gooseberry (Ribes), chokecherry (Pnmus virginiana), and hazelnut (Conjlus). Typical herbaceous plants include lady fern (Athyrium filix femina), skunk cabbage (Lysichitzim americanum) and devil's club (Oplopanax horridtis) in wet swamp areas and deer fern (Blechnum spicant), vanilla leaf (Achlys triphylla), twisted stalk (Streptopus streptopoides), trillium (Trillium), false Solomon's seal (Smilacina racemosa), star flower (Trientalis borealis), bleeding heart (Gallicolumba), yellow violet (Viola), stinging nettle (Urtica dioica) and buttercup (Ranunctiltis) in moderately moist areas. The subarea is also well known for its mycological diversity and is a hunting ground for avid mushroomers. 11-5 216 Foothills Subarea Plan, Chapter 11 - Planning Conunission Recommended Version June 24, 2010 Animals An animal habitat is broadly defined as an area containing water, food, shelter and space in sufficient quantity and quality to maintain a stable population of animal species. Habitats within the Foothills Subarea can be grouped into the following: • Forests; • Riparian woodlands adjacent to ponds, streams, and wetlands; • Shrubs and thickets; • Freshwater aquatic areas including streams, ponds, bogs and marshes; • And disturbed land including agricultural, residential, commercial, and developed park lands. Each of these habitats contains a vast number of species of mammals, amphibians, reptiles, birds and, in the case of freshwater aquatic habitats, fish. Many species cross over habitats. For example, opossums can be found in all habitats within the subarea. Habitat Animals (common name) Forest Habitat Mammals: opossums, shrews, moles, bats, snowshoe hares, mountain beaver, Townsend's chipmunks, Douglas' squirrels, northern flying squirrels, beaver, mice, voles, porcupines, skunks, black bears, weasels, raccoons, coyotes, red foxes, bobcats, mountain lions, blacktailed deer, and elk. Amphibians and Reptiles: newts, salamanders, western toads, rubber boa and Pacific treefrogs Birds: hawks, bald eagles, ospreys, falcons, grouse, owls, band -tailed pigeons, swifts, nighthawks, humming birds, woodpeckers, flycatchers, swallows, ravens, jays, crows, chickadees, bushtits, nuthatches, brown creepers, dippers, wrens, robins, thrushes, bluebirds, kinglets, waxwings, starlings, vireos, warblers, orioles, brown -headed cowbirds, western tanagers, grosbeaks, finches, siskins, towhees, red crossbills, juncos, and sparrows. Riparian Woodland Mammals: opossums, shrews, moles, bats, snowshoe hares, eastern cottontails, Habitat squirrels, beaver, mice, wood rats, voles, muskrats, black bears, weasels, minks, river otters, skunks, coyotes, red foxes, bobcats, mountain lions, deer, and elk Amphibians and Reptiles: northern alligator lizards, racer snakes, garter snakes, salamanders, newts, toads and frogs. Birds: hawks, eagles, kestrels, killdeer, snipes, grouse, mourning doves, owls, hummingbirds, flickers, woodpeckers, kingbirds, kinglets, water pipits, Townsend's solitaires, blackbirds, cedar waxwings, starlings, vireos, warblers, western meadowlarks, orioles, cowbirds, grosbeaks, buntings, finches, pine, siskins, goldfinches, towhees, juncos, and sparrows. Shrub and Thicket Mammals: opossums, moles, hares, cottontails, mountain beaver, chipmunks, Habitat wood rats, porcupines, black bears, raccoons, weasels, skunks, coyotes, red foxes, bobcats, mountain lions, deer and elk. Reptiles and Amphibians: northern alligator lizards, garter snakes, salamanders, toads, and frogs. Birds: California quail, ring-necked pheasants, swallows, chickadees, bushtits, wrens, warblers, cowbirds, buntings, towhees, juncos, and sparrows. Disturbed Land Habitat Mammals: opossums, shrews, moles, bats, cottontails, mountain beaver, gophers, beaver, skunks, wood rats, voles, mice, weasels, coyotes, red foxes and deer. Reptiles and Amphibians: garter snakes, western toads, Pacific treefrogs, and bull frogs. 11-6 217 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 Habitat Animals (common name) Birds: hawks, grouse, quail, pheasants, killdeer, gulls, doves, owls, nighthawks, hummingbirds, flickers, woodpeckers, kingfishers, phoebes, larks, swallows, martins, jays, ravens, crows, chickadees, bushtits, wrens, robins, thrushes, kinglets, pipits, waxwings, starlings, warblers, meadowlarks, blackbirds, cowbirds, grosbeaks, finches, siskins, goldfinches, towhees, sparrows and junkos. Freshwater Aquatic Mammals: opossums, shrews, moles, bats, cottontails, mice, voles, beaver, Habitat muskrats, porcupines, black bears, raccoons, weasels, minks, otters, skunks, coyotes, red foxes, bobcats and deer. Reptiles and Amphibians: painted turtles, garter snakes, salamanders, newts, western toads, and frogs. Birds: herons, swan, geese, ducks, eagles, falcons, ospreys, marsh hawks, coots, rails, plovers, killdeer, snipes, sandpipers, phalaropes, gulls, terns, kingfishers, swallows, crows, dippers, marsh wrens, pipits, yellowthroats, and blackbirds. Fish: pink, Chinook, coho, chum and riverine sockeye salmon, searun cutthroat trout, Dolly Varden, steelhead, rainbow, cutthroat and brook trout, and kokanee. Fish Of particular concern in the Foothills Subarea is the welfare of salmonid species that historically run in the subarea's river and streams. In 1999, the Washington State Legislature passed the Forests and Fish Law to address salmon recovery in Washington state. The Whatcom County non-profit Nooksack Salmon Enhancement Association (NSEA), the Lummi Nation, and the Nooksack Tribe have implemented many programs and projects to enhance salmon populations, including those in the Foothills Subarea. Two species are particularly identified in the WRIA 1 Salmonid Recovery Plan of June 2005: Chinook salmon (Onocorhyncus tshazvytscha) and Bull Trout (Salvelintis confluentus). These species are both listed as threatened with extinction under the federal Endangered Species Act. The WRIA 1 Salmonid Recovery Plan has listed specific projects and techniques that are included, by reference, in this plan. Steelhead were listed as a threatened species in 2007. Geologic Hazards The Foothills Subarea is laced with geologic hazards typical of a place living in the shadow of an active volcano, Mount Baker, and along the winding path of a major river, the Nooksack. Years of glacial advance, retreat, melt and hydrologic carving have created land that is largely composed of alluvial material, susceptible to landsliding and liquefaction in the case of an eruption and associated earthquake. The communities in the subarea are particularly vulnerable to the wrath of Mount Baker should it ever fully erupt or if it just experiences a small volcanic episode. Debris Flows — Dense slurries of water -saturated debris originating at a volcano such as Mount Baker are often called lahars. These lahars can form with or without an eruption. They are caused by heavy rainfall, melting of snow or ice, glacial outburst floods, and/or overtopping of crater lakes. Structural changes such as a collapse of the volcanic cone can also cause debris to move downslope, creating a hazard to residents of the subarea. These lahars can move as fast as 65 miles per hour depending on mass and slope, and tend to follow drainages (such as the Nooksack River valley). Large debris flows are extremely rare but small debris flows occur frequently but remain very close to their source and are often small in size. 11-7 218 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 Debris Avalanches — Debris avalanches are massive landslides originating at the volcano, composed of natural rock, snow, glacial ice, soils or any combination of these materials, they move at high speeds down natural drainages and eventually turn into a debris flow. Small volume debris flows are common on Mount Baker but they never travel far enough to reach the subarea. A large debris avalanche would certainly affect the subarea as it would likely turn into a debris flow if it was able to maintain its momentum. Alluvial Fan Deposits — Alluvial fan deposits are fan -shaped formations formed by rivers and streams at the base of valleys and ravines where they flatten out and deposit their sediment. During winter storm events, the streams can become choked with sediment or log debris and create a dam. When the dam bursts, it can create a flood and debris event much larger than the storm event itself. A large storm event may destroy homes and developments, causing damage to property, natural systems, and sometimes loss of lives. These deposits are historically popular places to develop because of the scenic appeal, flatter topography and easy percolation for septic drain fields. For example, the Town of Glacier and the Baker Rim development are built on the Glacier Creek alluvial fan. Canyon Creek's alluvial fan is home to the Glacier Springs development and Boulder Creek's alluvial fan supports the Baptist Church Camp in the Foothills. Landslides — The subarea is extremely vulnerable to landslides due to its dramatic landscape: steep slopes and deep valleys. Landslides have occurred frequently throughout the subarea in the recent past and will likely continue to occur. Goals and policies in this subarea plan discourage development on slopes that are likely landslide hazards. Earthquakes — Due to its close proximity to Mount Baker, the subarea is vulnerable to earthquake activity and the resulting hazards that are associated with earthquakes. Tremors could set off any of the geologic hazards listed above and cause liquefaction of susceptible soils. Floods — The Foothills Subarea is vulnerable to flooding and the damage to person and property associated with flooding. Many of the subarea's Rural Centers are located along the Nooksack River in the floodplain. Whatcom County Comprehensive Plan Goals and Policies The goals and policies in the Whatcom County Comprehensive Plan reflect the county's desire to protect the things that contribute to the quality of life in the County. Most of these items apply to the nature of the environment and resources in the Foothills area. Some are focused on increased identification and protection of environmentally critical areas through out the county and others seek to protect property owners from natural hazards like landslides and flooding. Water quality and quantity is a key element of the comprehensive plans goals and policies focusing specifically on the protection of existing water sources - groundwater and surface water - and water conservation. While environmental protection is emphasized in the comprehensive plan, so are efforts to make environmental regulations less onerous for property owners by making processes more efficient and predictable. The plan also recognizes the cultural, aesthetic, and ecological importance of natural systems. Planning Concept The environmental planning concept in the Foothills subarea is to recognize and observe the County's recent and continuing work to refine its critical areas ordinance and shoreline master program. Whatcom County has adopted regulations governing development in or near wetlands, frequently flooded areas, 11-8 219 Foothills Subarea Plan, Chapter 11 - Planning Comnussion Recommended Version June 24, 2010 geologically hazardous areas, critical aquifer recharge areas and sensitive habitat areas that reflect best available science and that respect the local customs and culture. Conformance with those regulations underpins all of the land use alternatives considered during this subarea planning process. Foothills Subarea Plan Goals and Policies Goal EN1 — Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea, consistent with best available science. EN1-A Conserve wildlife habitat, salmon habitat, wetlands, river and stream corridors, agricultural land and unique natural features. Work with public and private agencies (such as the Whatcom Land Trust, Audubon Society and Nature Conservancy) to achieve this policy. EN1-B Strongly encourage low impact development standards in the development of all new long plats and short plats. EN1-C Identify and manage environmentally sensitive areas to prevent destruction of the resource base and reduce potential losses to property and human life, and to protect and enhance environmental quality. EN1-D Encourage cooperation among federal and state agencies, municipalities, environmental groups (i.e. Whatcom Land Trust, Audubon Society, The Nature Conservancy, etc.), and private landowners to enhance the Foothills Subarea's environmental resources. EN1-E Work with property owners, citizen groups, the State of Washington, and other agencies in protecting fish and wildlife habitat (including but not limited to Chinook, bull trout, steelhead, and bald eagle habitat), fishery resources, and surface and ground water quantity and quality of the Foothills Subarea. EN1-F Encourage property owners to obtain conservation easements, conservation grants, and transfer of development rights to enhance the conservation of wildlife habitat, salmon habitat, wetlands, river corridors, agricultural land, historical sites, scenic views, unique natural features and other environmental resources. EN1-G Promote groundwater of a quantity and quality suitable for domestic consumption by requiring densities consistent with Whatcom County Code 24.05 and low intensity uses in locations with soils of poor quality for on -site sewage systems. EN1-H Recognize and protect natural wetlands such as swamps, bogs, marshes and ponds as natural catchment basins for stormwater run-off and aquifer recharge. EN1-I Whatcom County should assist and encourage the monitoring of water quantity and quality in the Nooksack River system and its tributaries, and in other Subarea drainage systems. EN1-J Whatcom County should address any decrease in water quality by additional controls on emissions, discharges or run-off of any pollutants by any user and by controls on development density. Activities that impact water quantity and quality will be consistent with state water law and the critical aquifer recharge area provisions of the Whatcom County Critical Areas Ordinance. 11-9 220 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 EN1-K Protect aquifer recharge and stream base -flows by encouraging infiltration of stormwater where soil characteristics allow, except within the 1-year time of travel for wellhead protection areas for public wells. Discourage infiltration of stormwater from pollution generating impervious surfaces within the 1-year time of travel wellhead protection zone for public wells. EN1-L Identify impacts, including low flows and water temperature changes, to Kendall Creek though a quantitative groundwater model as a component of the SEPA compliance for all developments within the Columbia Valley UGA that are not categorically exempt under Chapter 16.08 of the Whatcom County Code and use more than 5,000 gallons per day of water. The minimum instream flows specified in WAC 173-501 should be considered in this analysis. EN1-M The phosphorus treatment best management practices (BMPs) from the Department of Ecology Stormwater Management Manual should be considered for new subdivisions that discharge stormwater to either surface water or groundwater within 1A mile of Sprague, Kendall or Silver Lakes. Goal EN2 — Provide for increased employment opportunities in the Foothills. EN2-A Assure adverse environmental impacts from industrial and commercial sites are managed and enforced in accordance with state law and County ordinances. EN2-B Accommodate anticipated economic development in an environmentally responsible manner with due consideration for public cost, energy availability, land use compatibility and transportation accessibility. Goal EN3 — County government should work with state and federal agencies to periodically review critical area and public health and safety issues brought about by climate change. 11-10 221 Foothills Subarea Plan, Chapter 11 - Planning Comnussion Recommended Version June 24, 2010 Map 1 1.1: Critical Areas Article III - Geologically Hazardous Areas (GHA) a, rul _ K .., t 'ill f`.il°t IY,•� ` t �. i �_ t � iswnriow•s.oauu� tainauara.ar _ . ... Foothills Subarea Plan �01W40�.WmlYY Nvw 11�P1R :e Critical Areas Article III - Geologically Hazardous Areas (GHA) GHA Iai -Steep Slopes GHA3 - Alluvial Fan Hazards 7ie1do iaboidepLeOanjt " C *1C bd;,4 "P ° TO Trtb i 0. 10. 700, n+a t4Mkom CaeNy Y.McilA�ac Percent Slope (WC PDS 1998) Alluvium WhatCom Co, PDS 1994, 2005 Q`+ W­Swmm X'2X5 15 - 35% Slopeo��* °°� ..°0�6 } 35% Slo O Foothills Subarea Boundary Pe j' 2007 GHA 1 A - Historic Landslide Hazard Area N?=' Mass Wasting Lummi Natural Resources 1998O+ GHA 7 - Mine Hazards August 2007 sb 0 0.5 1 2 9 a�N Coal Mine Whatcom Co. PDS 1998 222 Foothills Subarea Plan, Chapter 11 - Planning Comnussion Reconunended Version June 24, 2010 Map 1 1.2: Critical Areas Article III -Seismic Hazard Areas (GHA2) - Liquefaction Foothills Subarea Plan - Critical Areas Article III - Seismic Hazard Areas (GHA2) - Liquefaction.-��.°b^°°°ro°°f� rxw lal6o TA"-Couq 6bc�lA-at GFO arunra cn". Srpprrt—v�r70, 1003, "0 Liquefaction Susceptibility (WA DNR 2004) - very low IN moderate to high [M Foothills Subarea Boundary - very low to low - high low - peat s �o � � e low to moderate August 4QOY abw rnowO 0 05 t 2 0 A1lof 11-12 223 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 Map 1 1.3: Critical Areas Article III -Seismic Hazard Areas (GHA2) - Potential for Enhanced Ground Shaking Foothills Subarea Plan - Critical Areas Article III - Seismic Hazard Areas (GHA2) - Potential for Enhanced Ground Shaking Increased amplification of ground shaking = Foothills Subarea Boundary 11-13 224 Foothills Subarea Plan, Chapter 11 - Planning Cornntission Recommended Version June 24, 2010 Map 11.4: Critical Areas Article III - Volcanic Hazards (GHA4) Foothills Subarea Plan - Critical Areas Article III - Volcanic Hazards (GHA4)=m=--- Pyrodaslic flows, lava flows, and ballistic debris rIa Io1am—Mpi--fn'a—p 1•nrondedroae sad .� Lateral blast hazard zone min rn. re re add, In. wA.rcaa1 C.,.w cw e.l .. 0ran—, .000. sw.maw 00. 2M - Case M flows: Originate as large avalanches of hydrothermally altered rock Foothills Subarea Boundary ,rG`p4 'r%aa - Case 1 debris flows: Non cohesive flows related to melting of snow and ice Case 2 debris flows: Cohesive flows from small debris avalanches Sawn MtflRA7ARDSFR0M FUi1,1RE ACTIVITY OF MOUNT HAAf.R. 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Frequently Flooded (FEMA 100yr) _ Area Inundated by 100 year flooding - Velocity Hazard in 100 year flooding 11-15 7M r,06K a5W 77%d on )WMCuWCnkt° tbueM ulm iIM 1°, f°.5°° TMWMRom Canty d1ACM MN! Ort xre. etrn[t�c Sopfender.70, 2005 ire 7(W7 wraw. r OOM COGyeo M1Ua 226 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 Map 1 1.6: Critical Areas Article V — Critical Aquifer Recharge Areas We Th c�,, rye a • 3�• �. off:- a. �• - PS �( 4�s��,o•�yo.�+tea �e Aa'��4�♦t I� 9 1 � � �°♦: « Air`♦1� t�+kf➢l+°4, � .,�ar.romae.rn •,s rare Foothills Subarea Plan - Critical Areas Article V - Critical Aquifer Recharge Areas.:�:,:�.. 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W i1r Inbrtl�h'On OYP anfti mwuInlrxAd7O DY uoC nrA ney fe.16Of a Ths 11On6bn WuNy anuia... aen.x., .e.�n+s.pe.me..m, zoos rrww., per ��ar r Y�:=d rt• r� O Oh 1 S 3 i 228 Foothills Subarea Plan, Chapter 11 - Planning Commission Recommended Version June 24, 2010 Map 1 1.8: Critical Areas Article VII - Wildlife f.. Kiwa� v Foothills Subarea Plan - Critical Areas Article VII - Wildlife Habitat. Conservation Areas (HCA) - HCA 2 - State and Federal listed Species Have a PrimaryAssociation HCA a - Habitats and Areas Associated with a State Priority Species ® HCA 10 - Habitats and Species of Local Importance - HCA7 +.8 - takes and Ponds less than 20 acres OFoothills Subarea Boundary 11-18 w�wair�q-�iarn.�(auoesili(u K'r vxn Nf.(Y wY�4 MetiY�uM/IO W�AJ�i�W�ew �,_w(hr d-frl-d-br1 _w�ti rho Mort WCW Ad m OiartNyN MMOaAro Gn u,e0 Mn( MV IE. IQ r00, TM KtR County C1*.FA — O.rL.mce,011—S-PMIt130.xoos mr-ft4r 40 ;;nw A. � .. � eye ti n ns 1 r a a Mlm 229 Foothills Subarea Plan, Chapter 11 - Planning Comnussion Recommended Version June 24, 2010 Map 1 1.9: Critical Areas Article VII — Fish Habitat Conservation Areas Foothills Subarea Plan acanran+'f°inx fnuwisc ni�cn: - Critical Areas Article VII - Fish Habitat Conservation Areas e 4.en auW-q.-aarr amsW9laeYmh m.r •.. �.uv..m.au.xrma-mm. Shoreline Master Program Streams Foothills Subarea Boundary Q bra HCA'Ia - Streams - (150 ft Buffer Not Shown) Fish Distribution (WRIA 1 WMP 2004) M*m ftfS. on Ge0, ed on tr munonnnaearoby uxd 0n Tide. f6.70a, Theta r30 CamH Geitl A.eeo Ordvufrce, aReprx SepfernDer 3a; 100? IMfOaya �<CO" vaI S. depicts cvi IFx map tune, Fmr HCA1b -Other fish bearing streams (100 ft buffer not shown) AeFMarcF207aDeWRfA,Salm �a3e»nlionm.p,a.,fad o 3 ZO ..g7. rrr..r. Current known distribution !r rh•. WRIA, Wettrhed maroganeN RiviecY, The fiyr ".-. .' J'i Current wveral Year'a 6Y dfe Nofflrre,f efdarr Fwhvra Convrti,sn+ (NMFC)Abr Smmd CT M.—Caws —0~, ti..y %F`K(. � r M- presumed distribution , and m. wtowv n Con_-enexn Conma:bn fire R,e_ M dacha WRIA 3�—z Fun M.WCFWSTREAAWETdabivt a�aataVrrf'fi -�.-- Presumed PotentiallHistoricdistribubon 3epiember2007 sbw a a.8 3 3 a MW 11-19 230 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 12 Columbia Valley Urban Growth Area (UGA) In 1999, Whatcom County designated the Columbia Valley as an Urban Growth Area (UGA), including land along Kendall Road roughly between Limestone Road on the north and the Kendall Elementary School on the south. Land in the UGA is now characterized by single-family development within the Paradise Lakes and Peaceful Valley subdivisions. It is almost entirely residential or undeveloped land. There is a cluster of institutional and convenience commercial land uses near the Kendall Road/Mount Baker Highway intersection, but this area has been removed from the UGA. Issues While this part of the Foothills is a designated UGA, it presents serious challenges related to its development as a fully urban area. These, and other, issues shape community discussions about the UGA and are reflected in the area's planning concept. • Kendall Road is not an industrial corridor and does not have convenient access to I-5, making it difficult to establish new industrial land uses in this rather remote area of the county. • Residential density is relatively homogenous across the UGA. As of 2007, there were no established clusters of higher intensity land uses that would indicate a community center of activities. • The residential density is low enough to make cost-effective provision of urban services and substantial investment in infrastructure upgrades difficult. • As of 2007, there was no commercial district convenient to the residential neighborhoods, requiring households either to drive private vehicles or ride public transportation to access daily services. However, a General Commercial zone was designated in the UGA in 2009 in conjunction with the 10-year UGA review. • The Whatcom Transportation Authority (WTA) bus route serving this area is popular but expensive to operate. • Incidence of crime in the Columbia Valley is higher than in other parts of the Foothills, largely due to the concentration of population in this area relative to the dispersion of population elsewhere. • Geological and natural conditions, particularly with respect to alluvial fans, surface water, wetlands, and steep slopes, constrain development in the UGA. • More sophisticated treatment of domestic sewer may be necessary to ensure ground and surface water quality. Any plan anticipating urban development in the UGA will need to address these issues and provide mechanisms for the community to adapt successfully to the growing intensity of land use. Community Workshops The County, in conjunction with the Foothills Subarea Plan Advisory Committee, hosted two workshops related to the Columbia Valley/Kendall area in 2006. The first was a workshop to discuss development in and around the Kendall Small Town zoning district. The second was a workshop on the issues and opportunities related to urban development in the Columbia Valley UGA. 12-1 231 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 Kendall Small Town Workshop This two-day workshop is discussed in more detail in the following chapters and appendices, but it is important to mention its relevance to the Columbia Valley UGA here. While many participants acknowledged the presence and importance of the small town zone at Kendall for a variety of commercial, institutional and tourist activities, few felt it could, on its own, address the shopping, services and employment needs of the entire UGA to its north. Participants wanted to improve Kendall's links to the Columbia Valley, but almost all acknowledged that the distance required to travel from the center of the Columbia Valley to Kendall was not convenient for daily shopping trips, especially if those trips are to be made on foot or by bike. Kendall plays an important role, but it is poorly located to serve the needs of a growing Columbia Valley population and not large enough on its own to provide employment for Columbia Valley's households. Columbia Valley UGA Workshop This workshop focused on the development constraints experienced by the UGA, the Columbia Valley's current development condition, the public services provided to Columbia Valley's residents, light industrial uses, commercial uses, and the anticipated range of the forecast population expected to locate in the UGA. After hearing a presentation on these factors, participants broke into groups to discuss potential responses. Some sought to reduce the size of the UGA, concentrating population growth in those areas already characterized by a more urban pattern of development. Some sought to enhance connections to Kendall, creating a synergy between the existing small town and another commercial node that may develop in the center of the UGA. Others identified land along Limestone Road as a possible location for future industrial, business park, or professional office development, providing employment opportunities for local residents. The Small Town workshop and the Urban Growth Area workshop were discussed by the Foothills Subarea Plan Advisory Committee. Land use designations are included in the land use element, but the actual mechanics of the planning concept are explained in more detail here. Planning Concept The Columbia Valley will require provision of a full range of urban services for it to succeed as an urban area. It will need to have sanitary sewer for the entire UGA. It will need to provide for local jobs and a more diverse local economy. It will need convenient and accessible commercial, public and institutional land uses to serve the community's health, educational, recreational, shopping, social, spiritual, and civic needs. It will need to redefine itself as a "city in the making," establishing both an identity for the Columbia Valley and a way of considering land development and the provision of public services in a manner that is fiscally prudent. This will require the Columbia Valley to take a quantum leap. The adopted land use designations shown on Map 2.3 in chapter 2 reflect some changes in the UGA and in the anticipated types and intensity of development. 12-2 232 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 UGA Boundaries After carefully considering the relationship of Kendall to the Columbia Valley, the Foothills Subarea Plan Advisory Committee recommended that the UGA be reduced in size by removing the Kendall Commercial zoning district and pulling the UGA's southern boundary north to the limits of the existing urban subdivision pattern (the new UGA boundary coincides with the southern boundary of the Paradise Lakes subdivision). The County made further reductions to the UGA in 2009. The size of the UGA decreased from approximately 1,489 to 1,156 acres. The UGA boundary modification will reduce future development pressure on the land adjacent to the creek that lies between Kendall and the Columbia Valley. Removal of the land from the UGA will help maintain the rural character along the Mount Baker Highway corridor. Additionally, the land being removed from the UGA is not needed to accommodate the projected 20-year population growth in the UGA. Removing this excess land supply will help to reduce sprawl, in accordance with the planning goals of the Growth Management Act. By separating Kendall from the rest of the Columbia Valley, the UGA reduction also places more emphasis on Kendall's development as a community and tourist -oriented activity center. The UGA reduction emphasizes Kendall's identity as a service center at the crossroads of two major highways, but it limits the extent to which it can develop. New commercial projects in Kendall would need to build within the closely -defined Small Town Commercial (STC) zoning boundary. Town Center The Columbia Valley UGA may not become an incorporated jurisdiction within the 20-year planning period. Even so, its status as an urban growth area implies that its residents will be provided urban levels of public services and facilities. Current development patterns are not diverse enough (with commercial and industrial land uses) to generate property tax revenues sufficient to sustain urban lifestyles. Nor is the population high enough to support retail and community services that urban lifestyles demand. While there may not be a City of Columbia Valley in the foreseeable future, the shape and texture of development within the valley must resemble one. That means jobs, commercial development, higher density, increased population and provision of a range of municipal, civic, and community services. A key component of that shape and texture is the establishment of a Planned Town Center Designation as shown on the Map 2.3. The Planned Town Center Designation was rezoned to General Commercial in 2009 to allow for commercial development, a variety of housing types, and institutional uses. Most of the UGA is now developed as single-family residential neighborhoods. The Paradise Lakes and Peaceful Valley developments predominate, establishing a rather homogenous pattern of residential development. But there are no services nearby, and though these neighborhoods are well populated, there may not be enough residents now in the Columbia Valley to attract new retail and services to locate there. The Town Center, with a mix of new, higher -density housing, office and retail development, and human services will help the Columbia Valley increase its fiscal health and provide local services. The Planned Town Center Designation is located on the west side of Kendall Road, near the center of the UGA. That location will allow for convenient access to most of the valley, providing a mix of shopping and community services within a walk or bike ride from the existing neighborhoods. 12-3 233 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 Greenbelts and Open Space The Growth Management Act mandates and good planning practice dictates that urban areas include natural areas and open spaces. The green spaces allow for more natural treatment of vital ecological functions within urban areas and provide for recreation opportunities for urban residents. The Columbia Valley's primary greenbelt is Kendall Creek and its associated wetlands, which provide useful wildlife habitat. Other greenbelts occur on the rim of the UGA along the hillsides that define the UGA's limits. Parks are a different issue, however. The Columbia Valley neighborhoods were initially designed as recreational subdivisions, with easy access to the natural world surrounding them. The more urban nature of the UGA will eventually require provision of urban parks, equipped with play equipment, picnic facilities and other amenities common to urban areas. The Town Center area proposed in this subarea plan will allow for some of these facilities, but others may be necessary as the valley's population grows. These parks may require contributions from developers to site and improve, consistent with development of more intense land uses. Locations and extent of parks are difficult to determine now, but the County will need to revise its parks plan and capital facilities plan as demand increases. Industrial Uses Participants in the planning process said they want to be able to work closer to home. The Columbia Valley is the only UGA within the planning area and is the only place suitable for locating a large-scale industrial or business park project. Discussion during the UGA workshop focused on land north of Limestone Road as a likely location for industrial development, but there are factors in place that work against it. Namely, its distance from established industrial districts and the Interstate-5 corridor. This subarea plan encourages light impact industrial development in the Columbia Valley UGA, but it provides more flexibility in where that development should locate than the policy that was adopted in the County Comprehensive Plan in 1999. The Foothills Subarea Plan Advisory Committee recommended, and this Subarea Plan adopts, an approximately 40-acre Planned Light Impact Industrial designation on the north side of Limestone Road as shown on the UGA map (Map 2.3). The approximately 80 acres of Rural land to the west of the Planned Light Impact Industrial property and another 40 acre section to the east of the property were recommended to be Potential Planned Light Impact Industrial Areas. This recognizes the need for industrial land within the UGA and provides for its Iocation within a band of property in the northern portion of the UGA. The intent of the approximately 40-acre Planned Light Impact Industrial designation is to provide adequate Iand to accommodate light industrial uses over the 20-year planning period to provide jobs and enhance the tax base. The Planned Light Impact Industrial designation is already within the UGA and can be rezoned to Light Impact Industrial when impacts and mitigation have been appropriately identified. In addition to the 40-acre Planned Light Impact Industrial designation, the Subarea Plan also adopts two Potential Planned Light Impact Industrial designations, totaling approximately 120 acres, in the area generally north of Limestone Road. The basic idea for these Potential Planned Light Impact Industrial designations is to provide flexibility for location of light industry if the original 40-acres of PIanned Light Impact Industrial is either built out or unavailable because of land owner preferences or other issues. If 12-4 234 Foothills Subarea Plan, Chapter 12 - Planning Comnussion Reconunended Version June 24, 2010 the existing 40-acre Planned Light Impact Industrial designation in the UGA is unavailable, then 40 acres within the Potential Planned Light Impact Industrial acreage may be re -designated as Planned Light Impact Industrial. The County's intent is to meter the amount of land available for light impact industrial uses to match demand and to avoid designating more land than necessary for light impact industrial development. It is the hope of the Advisory Committee that these designations, which are adopted in this Subarea Plan, will encourage light industrial firms to locate in the subarea, bringing with them jobs for subarea residents. The location of a light industrial zone in the UGA will place jobs near the highest population concentration, enhancing the subarea's economic stability. Water Whatcom County Water District 13 and Evergreen Water -Sewer District 19 provide water service to the Columbia Valley UGA. It is anticipated that these districts will have adequate capacity to serve the UGA over the 20-year planning period. Water system management over the coming years may become more demanding, however, with an increased customer base. The two districts may need to coordinate more closely as the Columbia Valley intensifies, finding opportunities to collaborate where possible and coordinate capital facilities planning. Sewer Sanitary sewer service in the Columbia Valley is available only in Water District 13. District 19 provides no sanitary sewer service, and all development now within that district is served by private septic systems. District 13 has been in financial trouble in the past, with the costs of maintaining both a water and sewer system overtaxing its rate base. However, the District has recovered from these financial issues. New development in the proposed town center would strengthen the District's financial base, and the wastewater system has capacity or can be upgraded to serve it. District 19 may at some point wish to contract with District 13 for wastewater service, but that discussion will be motivated only when development intensities within District 19 are likely to increase beyond what the current array of private septic systems can accommodate. Stormwater Collection Because of the gravelly subsurface in the Columbia Valley, a significant percentage of runoff percolates into the subsurface and becomes part of the aquifer. All of the small creeks off Sumas Mountain are known to disappear as soon as they leave the mountain. Runoff from the Columbia Valley also finds its way into Kendall Creek, flowing southward into the North Fork of the Nooksack River. Sumas Mountain and Red Mountain contribute runoff into the UGA, with alluvial runoff patterns lining the western edge of the Columbia Valley. Development within the UGA will need to accommodate those surface flows from the mountainsides bordering it. Additionally, runoff from impervious surfaces created by development will have to be collected, treated appropriately, and then infiltrated into groundwater or discharged to surface water. The history of alluvial fan action on Sumas Mountain may challenge development at the toe of the mountain. Surface flows can be managed, however, provided new development anticipates future alluvial fan action and provides mitigation consistent with the Critical Areas Ordinance. 12-5 235 Foothills Subarea Plan, Chapter 12 -Planning Commission Recommended Version June 24, 2010 Increasingly urban development in the UGA, particularly in the proposed town center area, will require increased storm water management. While the existing development pattern in Peaceful Valley and Paradise Lakes allowed for on -site percolation, increased development density in the town center may require a more sophisticated system for storm water collection, treatment, and retention through infiltration or discharge to surface waters. Any storm water plans developed to accommodate urban intensity in the UGA will need to conform to Whatcom County's Critical Areas Ordinance and Development Standards, including water quality and quantity parameters. In addition, storm water and development design is encouraged to incorporate low impact development (LID) techniques to minimize development's impact on surface water flow. High quality water is a primary concern for subarea residents and untreated runoff can be hazardous to both surface and groundwater supplies. In the case of the Columbia Valley UGA, greater development intensity and population growth will increase the amount of stormwater running off impervious surfaces. The County should facilitate management of stormwater runoff in the Columbia Valley UGA with stormwater management systems that encompass all aspects of stormwater handling: collection, control, conveyance, treatment and discharge. The systems should be implemented in the Town Center of the Columbia Valley UGA, the Light Impact Industrial zone, and the residential areas. Stormwater issues are not unique to the UGA or even the Foothills Subarea. Stormwater is a county -wide problem and the County needs to form a stormwater management strategy to address runoff issues throughout the County. Transportation The Columbia Valley UGA is served primarily by Kendall Road (State Route 547) and Mount Baker Highway (State Route 542). Mount Baker Highway connects Kendall with Bellingham, the Rural Centers, and the recreational areas associated with Mount Baker. Kendall Rd. extends from its intersection with Mount Baker Highway in Kendall to the Paradise Lakes and Peaceful Valley developments, and connects the community to Sumas and points further north into Canada. The community's preferred transportation mode is the private automobile. In addition, Whatcom Transportation Authority's (WTA) bus route — 72x (Kendall/Bellingham) — serves passengers in the UGA. Pedestrian and bicycle travel are also important to residents of the Columbia Valley, although many existing routes are along the shoulders of roads with high speed limits. Pedestrian travel is generally limited to the existing road systems within the Paradise Lakes and Peaceful Valley areas and, whenever necessary, along the shoulders of Kendall Road. Bicycle travel is similarly limited by the constraints of real and perceived safety factors. While the core of the Paradise/Peaceful Valley developments are alive with children on bicycles, Kendall Road's high speed traffic is too dangerous for extensive travel. Efforts toward creating a safe, interconnected trail system for the area's residents may increase bike and pedestrian travel in the UGA. Factors for Incorporation The Columbia Valley UGA may not incorporate and become its own municipality in the near future, but it is helpful to consider upcoming urban development as if it were. As an urban growth area, the Columbia Valley is expected to provide a full range of urban services. The County will seek to make the unincorporated UGA pay its own way. Shaping the UGA to be fiscally solvent is a necessity, and 12-6 236 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 considering it as its own municipality can draw that into sharper focus and lay the groundwork for possible incorporation in the future. As a rule, municipalities attempt to balance the cost of providing urban services with the revenues received from property taxes, sales taxes and a scattering of other sources. Property tax and sales tax comprise the largest share of municipal revenues. Municipalities also try to arrange land uses and public service systems to maximize property tax revenue and to minimize the costs to provide those public services. If the Columbia Valley is to succeed as a fiscally independent entity, either as an unincorporated part of the county or as its own municipality, its type, arrangement and intensity of land uses must change. Here are some factors that will need to be considered: Boundaries - The idea of incorporation must be fleshed out within the parameters of a real boundary. It may not be feasible or logical for the community to incorporate the whole of the Columbia Valley UGA at one time. It may be more reasonable to incorporate only a portion of the UGA. In either case, the community must decide what that boundary will look like and forecast what impact the incorporated land and population will have on potential services and revenues. The population wishing to incorporate must also be greater than 1,500 (RCW 35.02.010) and, if the population is less than 7,500, the county's Boundary Review Board (BRB) may deny incorporation without a vote of the residents if incorporation doesn't meet one or more of the objectives of the BRB (RCW 36.93.150). Market/Fiscal Feasibility - The community must decide if they have the ability to sustain a town or city government with the existing and future tax base and infrastructure. This discussion should be reinforced by a feasibility analysis of market factors that presents demand -driven forecasts of commercial development, long-term market conditions for residential property (forecast property values and changes in development patterns), and future need for light industrial, retail and office uses. Additionally, the community must consider the fiscal feasibility of incorporation. An analysis should be conducted to forecast the potential revenues and costs of service for the potential incorporated entity. Also, some consideration must be given to the basic functions and services that the incorporated city would attempt to provide its residents and the costs associated with that service provision as well as the cost associated with not providing those services. Land use mix - Single-family residential development does not generate enough property tax revenue to support itself. The costs of providing roads, public safety services, municipal services, and schools to neighborhoods are greater than the tax revenues they generate. The Columbia Valley's success as an urban area, whether incorporated as a city or not, will depend on its success in creating a more diverse and more intense land use mix. The UGA must reach an overall residential density of four units per acre or higher to attract and sustain local businesses to serve it. This can be done by increasing the amount of higher density housing near the center of the UGA and by encouraging the subdivision of larger parcels within the UGA. The UGA must also introduce a spectrum of non-residential land uses. Ideally, residential development should constitute no more than 60 percent of the area's land base; the other 40 percent should comprise of a mix of industrial, commercial, institutional, parks and public rights of way. Including industrial and commercial land uses will offset the fiscal deficit by providing increased property tax and sales tax revenues. They will also provide for local employment and economic activity, allowing residents to work 12-7 237 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 and shop near home. Institutional land uses and parks will reinforce community development, allowing area residents to socialize and enjoy their urban space. A diverse mix of land uses is crucial to the UGA's success. Economic foundation - Urban areas are economic machines. They locate where money is to be made. In the industrial era, cities located either near the resources or near the markets, with factories, financial services, neighborhoods and municipal agencies focused on production and delivery of goods. Cities today are often less constrained to particular locations, but economic functions still underpin urban living. The Columbia Valley needs to develop an economic reason for being. The seed of its creation, the seasonal housing of Canadian visitors, is no longer a driving force. The valley's affordable housing attracts those unable to buy or rent in Bellingham. It is also home to a relatively large Russian language community. The result is a thoroughly populated suburban residential area, culturally unique, located 45 minutes to an hour away from the county's employment centers. Surviving only as an isolated residential enclave will not spell success for the Columbia Valley. It must identify and develop an economic foundation to help it prosper. Utilities - A diverse and intensified land use mix will allow the water and sewer districts to provide satisfactory utility services. The number of ratepayers defines the level of infrastructure. Any serious attempt to incorporate the Columbia Valley will have as a prerequisite the establishment of a reliable and sustainable service delivery system. Governmental Structure - Once annexed, the community will have to form a governmental structure to manage all the activities of a city. In considering the idea of annexation, a community should also have an eye on potential forms of government for that future city. The kinds of services the community is able to provide can be linked to the type of government that is available to coordinate them. An array of potential governmental structures should be considered among the factors listed above in order to keep the community grounded in its planning. Impacts to the County overall are difficult to assess, involving an evaluation of property and sales tax and projections of future economic activity in both the incorporated and unincorporated condition. If the Columbia Valley UGA incorporates, however, it is likely the County would experience little change. The new city would probably contract with the County for municipal services for several years before assuming select administrative functions. 12-8 238 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 Goals and Policies Many of the goals and policies that apply to the Columbia Valley UGA are located in other chapters in the subarea plan. The matrix below indicates where some of these goals and policies can be located: Table 12.1 Relevant policies for the Columbia Valley UGA from other chapters Chapter Goal -Polio LUl-C, D, E and G LU2-A, B, C, D,E, F, and G LU4-A and C LU5-A Land Use LU6-A and B LU8-A LUIO-A LU12-B H I -A Housing H4-B H5-A Capital Facilities CFI -A and B Ul-A, B, and C Utilities U5-B and C T2-A and B T4-A and B Transportation T5-B T6-A T7-A, B, C, and D Tl 1-A, B, C, and D Economic EC2-A, B, C, D, E, F and G Resource Lands RL1-A R1-A and B R3-B Recreation R4-F R5-A, B, C, D, and E PF1-A Community Facilities PF2-A PF5-A EN1-K Environment EN1-L EN1-M In addition to those goals and policies located in other chapters there are goals and policies that apply specifically to the Columbia Valley UGA. The primary purpose of Columbia Valley UGA policies in other chapters and in this one is to promote orderly transition from rural land uses and densities to urban uses and densities. The policies intend to encourage the responsible growth of urban areas while assuring that an adequate range of urban services (sewer, storm water drainage, schools, parks, water, fire and sheriff protection) is available to support urban level densities. Columbia Valley UGA goals and policies below facilitate urban growth by: • Ensuring that interim development prior to the commitment to provide full urban services is designed in a manner to permit more intense development later on. Allowing low -intensity uses that are consistent with the area's surrounding rural character until the commitment to provide full urban services is made. Allowing commercial, industrial, institutional, and urban density residential uses once urban services are provided and impacts mitigated. 12-9 239 Foothills Subarea Plan, Chapter 12 - Planning Commission Recommended Version June 24, 2010 Goal CV1 — Concentrate urban growth in the Columbia Valley UGA, creating a diverse mix of land uses and resulting in the provision of a full spectrum of urban services, including water, sanitary sewerage, storm drainage, law enforcement, fire protection, libraries, schools, parks, public transit and other similar services. y CV 1-A Encourage efficient land use patterns and cooperation among municipalities, special districts, associations, and other governmental agencies in the provision of a full range of urban service in the UGA. CV1-B Cluster subdivisions and Planned Unit Developments are permitted in the UGA and are encouraged for developments on large parcels. CV1-C Whatcom County has adopted an approximately 40-acre Planned Light Impact Industrial designation within the Columbia Valley UGA. The County may designate another 40-acres of land for UGA/light impact industrial development within the boundaries of the Potential Planned Light Impact Industrial designation only if the initial 40 acres in the planned light impact industrial designation is either: 1. Substantially put to use for industrial purposes; or 2. Removed from the UGA/Planned Light Impact Industrial designation. CV1-D Recognize the need for light impact industrial land uses within the Columbia Valley Urban Growth Area. Consider establishing a light impact industrial zone located on the north side of Limestone Road as shown on the Planned Light Impact Industrial and Potential Planned Light Impact Industrial map. l . Retain the existing zoning until traffic impacts and infrastructure/utility/service needs, and appropriate mitigation measures have been identified. 2. If the existing Planned Light Impact Industrial designation is built out or unavailable for industrial use, consider modifying the Columbia Valley UGA boundary in the Potential Planned Light Impact Industrial designation to allow rezoning of up to 40 acres to light impact industrial. 3. Assure an adequate supply of light impact industrial sites to meet future market demands for light impact industrial development. CV1-E The Planned Town Center Designation is intended to be a mixed use area consisting of commercial uses, a variety of high density residential housing types, and institutional uses. It is not intended to be developed solely with housing. Goal CV2 — Protect surface and ground water quality and quantity and sensitive habitat areas throughout the subarea. CV2-A On -site stormwater collection, conveyance, retention, detention and treatment facilities, as appropriate, should be required during and after development. 12-10 240 Foothills Subarea Plan, Chapter 12 - Planning Conunission Recommended Version June 24, 2010 Goal CV3 — Implement a concise, equitable and practical set of land use regulations intended to carry out the goals, policies and proposals of the Foothills Subarea Plan in a timely and orderly fashion. CV3-A Promote an orderly transition from current land uses to the adopted land use designations and densities for the UGA. Goal CV4 — Develop a functional, coordinated and multi -modal transportation system which provides for the safe and efficient movement of people and goods, avoids undesirable environmental impacts, and optimizes public investments and the conservation of energy resources. CV4-A Where practical, subdivisions and other urban uses adjoining other zone districts should be designed so that vehicular and pedestrian networks are channeled to the internal area of the site. CV4-B Intersections with state highways or county arterial and collector roads will be as few as possible. 12-11 241 FoothilLs Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 13 Kendall Rural Center Master Plan On September 15 and 16, 2006 members of the Foothills community attended a two-day workshop to discuss Kendall and their vision for what the Rural Center could become. In a related workshop, the community discussed the Columbia Valley urban growth area (UGA) and how it relates to Kendall, both today and in the future. This chapter provides a master development scheme for the Kendall Rural Center, incorporating the community's thoughts from these two events, as well as the direction of the subarea plan as a whole. Kendall Workshop This chapter presents the detailed comments and contributions from the Kendall Workshop that shape the master plan concept. During the workshop, participants provided guidance on several levels: • They helped articulate aspirations for Kendall, identifying what it is today, what they believe it could be in 20 years and what would need to be done to get there. • They identified important objectives for Kendall, prioritizing those objectives to help guide the master planning concept. • They suggested specific design concepts and strategies to accomplish their collective vision, paying attention to prioritized objectives. The Washington State Department of Transportation attended the Kendall Workshop and gave a presentation about roundabouts and traffic signals. They also discussed the range of transportation improvement possibilities in Kendall. The table below summarizes the participants' ideas on a vision for Kendall. The group generally recognized the area's potential to be a safe crossroads, offering a range of civic and tourism activities that complement the school, community church and other less intense development now existing in Kendall. They identified the Rural Center's beauty and centrality, wanting to find more ways to make it accessible to bicyclists, pedestrians and, importantly, children. 13-1 242 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Vision Assessment — Today, Tomorrow, Means Table 13.1 Vision Assessment Today What it Takes 2029 Dangerous Intersections WSDOT funding and action Safe intersections Drive -through, no stopping Reconfiguration of access and Civic spaces, new intersection land uses designs Lack of community place Reconfiguration of access and Central place, farmer's market land uses or other activity Lack of Parks Parkland acquisition A park in Kendall Beauty and slow pace Develop in a way that Beauty and slow pace preserves rural character and the beauty of the area. Isolated Technology availability Enhanced connections via phone and Internet and increased use for telecommuting and personal uses. Lack of public transportation Increased ridership and longer More frequent bus service to service periods Bellingham and other centers High incidence of property Additional law enforcement Increased law enforcement crime in the general area staff and facilities visibility Lack of retail and personal Increased population or better Grocery store and medical services connection to UGA services located nearby Car Orientation Reconfiguration of access and Bike and Pedestrian Paths land uses Based on the participants' work on Kendall's 20-year vision, it is clear that reconfiguration of access and land uses is an important element for making Kendall the place the community wishes it to be. Parkland acquisition and increased law enforcement presence are up to the County's budgeting process, while enhancing WTA's bus service depends on demand and WTA's response to it. The Washington Department of Transportation is responsible for improvements to the state highways serving the subarea, but they will attempt to respond to community direction as expressed in this Subarea Plan when considering design options for roadway modifications. Availability of technology is strictly determined by the market and advances in the state of the art. After working through the vision segment, participants identified some of the opportunities and constraints influencing Kendall's master planning. The table below summarizes the results of this work, indicating the range of opportunities Kendall presents, as well as some of the obstacles that need to be either overcome or accommodated. 13-2 243 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Assessment of Opportunities and Constraints Table 13.2 Opportunities and Constraints Opportunities Constraints Lower speed limit -The rather complex roadway Traffic speed - Cars move quickly on the state configuration may provide opportunities and highways, focusing on traveling through Kendall justification for lowering the speed limits through Kendall rather than stopping at it. Traffic calming - the area's crossroad's character might Lines of sight - Roadway geometry and make it suitable for traffic calming techniques topography limit visibility at the various highway intersections. Road realignment - While it is not a high accident Property values - Real estate is getting more location now, the configuration of the roadways is expensive in Kendall, making it more difficult to awkward for traffic on Kendall Road. acquire land for development and putting more pressure on commercial rents. Public spaces - Land ownership and Kendall's central Common vision achievement -The community location make it suitable for provision of public spaces, is not entirely agreed on Kendall's future and its including a park. role with respect to the Columbia Valley and provision of services to the entire Foothills subarea. Other commercial land available to north -Additional Highway intersections - Kendall Road makes commercial land is planned in the Columbia Valley awkward turns to access the Columbia Valley. UGA, taking pressure off Kendall to provide all commercial development for the Columbia Valley. Preserve rural character - The present scale of Poor pedestrian facilities -The state highways development allows for the rural character to be provide no pedestrian facilities, and there are maintained. no separated paths outside the road rights of way to link the various properties in Kendall. There are also no pedestrian crosswalks at the highway intersections. Trails (Bay to Baker) - There are plans for a regional trail Kendall Road pedestrian access - While Kendall that will go right through Kendall. Elementary serves families in the Columbia Valley, there is no "safe -walk" route to the school along Kendall Road. All children must be transported to school. Undeveloped land - Much of Kendall is either unimproved or underimproved, leaving ample land available for new development in a manner sensitive to the area's character. Bus terminal/Park 'n ride - WTA already serves Kendall with an established and popular bus stop. Space is available to expand this into a terminal or park and ride. Natural beauty - Kendall is pretty, located on the valley floor nestled among the foothills, with trees, a stream, open meadows, nice views, ands arse development. Library - Maple Falls' library is planning to relocate to Kendall, providing an opportunity for an expanded civic presence. Mt Baker - Kendall is on the way to Mt Baker, and Baker - bound traffic in the winter (and increasingly in the summerprovides opportunity for tourist -based business. School expansion - As population in the subarea grows, the school district may need to expand the Kendall School. Civic center/Farmers' market - Kendall's centrality may make it suitable for community spaces that serve the entire Foothills. 13-3 244 Foothills Subarea Plan, Chapter 13 - Planning Conunission Recommended Version June 24, 2010 Reviewing these opportunities and constraints reveals that transportation safety (for both autos and pedestrians) is of primary importance. In addition, participants believed that the area's natural beauty and the increasing provision of civic spaces related to the existing school and fire station, along with a new community gathering place, can make Kendall unique and provide valuable services to a population much greater than what is immediately surrounding it. After discussing the area's opportunities and constraints, participants took to their feet to photograph Kendall and show the consulting team what they see when they look at Kendall. The resulting images confirmed the results of the earlier discussions, which concentrated on transportation issues, Kendall's rural character, the prominence of civic uses in the Rural Center, and the need for better connectivity to nearby residential areas and the Columbia Valley. Figure 13.1 - Photo from Kendall workshop field exercises (Source: Participant photo) Participants then decided on the design objectives they felt the Kendall master plan should attain. Those objectives, developed and prioritized by the entire group, are listed below. Priority was determined by a rigorous "forced -pair' exercise where the group ranked each objective against the others (there was a three-way tie for third place and a two-way tie for sixth place). 13-4 245 Foothills Subarea Plan, Chapter 13 - Planning Conmussion Recommended Version June 24, 2010 Design Objectives - Prioritized 1. Highway safety 2. Community gathering spaces 3. Rural character Infrastructure pacing Public/Community services 6. Non -motorized transportation Open space/view corridors 8. School capacity 9. Community vitality 10. Tourism orientation The participants noted that all of these design objectives are important on their own. The prioritizing was intended to help the master planning process manage tradeoffs where not all objectives could be achieved equally. Kendall Workshop participants then tried their hand at developing master plans for Kendall, incorporating the results from the previous sessions. The resulting master plans sought to provide a mix of commercial and civic spaces, answering the need for a viable commercial core for Kendall and the desire for community -oriented activities. 13-5 246 Foothills Subarea Plan, Chapter 13 - Planning Comnussion Recommended Version June 24, 2010 Group 2 :T LR Group 8 9 t1. F Joel! wV �� `{y Group 9 I y�y/ n �Q AYf,� / H ^ ✓. r.r�raYl Group 7 Group 3 •tit �+ � vQry�4�M1,- -4. _ i 3y� C -�r D v Figure 13.2 - Design concepts generated by Kendall workshop participants. (Source: Kendall workshop groups)) Based on the group's discussion of the initial master plan concepts, the group established a consensus on "good ideas" that should be included in a Kendall master plan: Northern spur at Mt. Baker Highway/Kendall Road intersection - Many participants included a northward extension from Mt. Baker Highway at its intersection with Kendall Road to provide access to property next to the existing fire station and the existing convenience store. This could, potentially, take the form of the northern leg on a round -about. The entire group generally believed it was a good idea, improving the geometry of that particular intersection and creating a more traditional community center type of street system for Kendall. 13-6 247 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Transport center - As the Foothills subarea and the Columbia Valley grow, demand for public transportation may increase. Kendall's role as a transportation hub may provide development opportunities that some groups sought to maximize. Roundabout - Intersection reconfigurations appeared in every master plan concept generated by participants. Community spaces - No matter how participants envisioned Kendall's overall character or role, every master plan concept included community spaces for public gathering. Columbia Valley UGA Workshop In October 2006, the Foothills community again gathered to discuss the future of the Columbia Valley UGA. That workshop is summarized in chapters 12 and 14, but the items from that discussion influencing master planning in Kendall are detailed here: UGA boundary revision - By the conclusion of the three-hour workshop, participants generally agreed that the UGA boundary should be moved north from Kendall, reinforcing Kendall's function as a rural center and reducing the likelihood of developing the land along Kendall Creek between Kendall and the existing Columbia Valley subdivisions. By doing this, Kendall becomes less responsible for serving the Columbia Valley's commercial needs and, perhaps, more capable of serving the tourism and civic needs of the entire Foothills subarea. Figure 13.3 - Conceptual connectivity between Kendall and the Columbia Valley town center. Connectivity to Kendall -Removing Kendall from the UGA makes connectivity to the Columbia Valley's population even more important. Workshop participants underscored the need for trail and roadway connections that were convenient and safe, allowing Columbia Valley residents to 13-7 i• Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 access Kendall easily on foot, by bike (with pathways separated from the State highway), or by auto. Figure 13.4 - Oblique aerial illustrating Kendall's relationship to the Columbia Valley (Source: Google Earth, 2007) Provision of commercial land - With Kendall separate from the UGA, the Columbia Valley neighborhoods will rely more on commercial goods and services provided in an area more central to the UGA. That frees Kendall up to provide different and more specialized goods and services, including those institutional, civic and tourism -oriented uses that may be more geared to subarea -wide residents and travelers. Provision of institutional/civic land uses - While the Columbia Valley's central commercial area will likely include a regional resource center and other institutional and civic land uses (including, perhaps, another school), Kendall's position as a central place for institutional and civic activities remains important. The existing Kendall School and fire department, as well as the possible relocation of the Maple Falls library to Kendall, create a powerful critical mass that will sustain Kendall's prominence and assist its further development. Sanitary sewer service - Sanitary sewer is an urban service, rather than a rural service under the Growth Management Act. The Kendall Rural Center has been removed from the Urban Growth Area, and is now in an area designated for rural development. Therefore, it would not be appropriate to extend sewer from the UGA to serve the Kendall Rural Center (unless some type of public health or environmental protection issue arises). This will limit the intensity of development that may occur in the Kendall Rural Center. Sewer is going to be provided in the Columbia Valley UGA, resulting in a disparity of intensity that will develop between Kendall's Rural Center and the Columbia Valley's commercial area. Kendall will remain rural in character. 13-8 249 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Subarea Plan Directives In addition to the focused work in the Kendall workshop and the Columbia Valley UGA workshop, several specific policies and implementation programs influence the Kendall Rural Center master plan. These generally reinforce the stated desires for an enhanced non -motorized transportation system serving Kendall and the need to interconnect Kendall with the Columbia Valley UGA, both in terms of transportation and function. The subarea plan recognizes Kendall as a critical crossroads in the Foothills, establishing it as an important community space that must blend civic activity, automotive mobility, safety, and a strong statement of the Foothills' identity. The specific goals, policies, and implementation projects are noted elsewhere in this document, but each relevant one mentions Kendall. They are not repeated here. Existing Conditions Kendall is not fully developed. There has been important investment in the area, though, including relatively recent construction of the Kendall School (opened in 1999) and the addition to the fire station (completed in 2000), as well as the two gas stations/convenience stores and church at the crossroads. Figure 13.5 — Aerial photograph of Kendall (Source: Google Earth, 2007) The aerial photograph here shows how Kendall looks today. Buildings are set back from the roadway edge to accommodate vehicle parking and access from the highways. The development pattern is consistent with what occurs in rural settings, where buildings are constructed on individual parcels and surrounded by open space in a variety of developed and undeveloped condition. Propane tanks, located apart from building pads, appear on the edges of parking areas, and driveways are located where most convenient for the individual uses. The buildings are sited and constructed as free-standing uses, acting independently of what may be happening on neighboring property and not terribly accommodating of future infill development. 13-9 250 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Master Plan Design Program Objectives The Kendall Workshop, Columbia Valley UGA Workshop, and other subarea plan directives determined Kendall's design program. The program objectives listed here echo what the community asked for, incorporating the various elements that will help Kendall achieve the community's long-range vision. • Highway safety - Cars, trucks, buses, pedestrians, bicyclists, visitors, residents, peak -hour commuters and mid -day travelers all use Mt Baker Highway and Kendall Road, placing different demands on the roadways. Safely managing these various traffic flows is of primary importance to the community. • Community gathering spaces - While there is an abundance of open space in the subarea, there is not much community gathering space, places where neighbors can meet and mingle or where the community can conduct social or civic events. It is important that Kendall provide community space, including a town park. • Rural character - Kendall is set at a highway crossroads in the rural Foothills. That rural character must be maintained as Kendall develops. • Infrastructure and public services pacing - It is important that the provision of infrastructure keep pace with the demands development will put on it. That includes utilities, such as water service, and other public services, such as libraries and law enforcement. • Non -motorized transportation - Kendall should provide for an active non -motorized transportation environment. This complements the highway safety objective, providing pedestrians and bicyclists with routes other than just along the highway corridors. • Open space - This objective coincides with the objectives to keep Kendall rural and to provide community gathering spaces. • School capacity - The Kendall School is a prominent component of the Rural Center. Based on comments received during the planning process, it is already over capacity. As population increases, the school district may need to increase the capacity at the Kendall School or construct additional facilities elsewhere. The Kendall master plan must provide the District with the flexibility it needs to provide adequate school capacity. • Community vitality - Kendall must incorporate elements to increase its prominence as an activity center. This may require additional and complementary street -level commercial or civic spaces, as well as convenient interconnections with the population centers in the Columbia Valley and Maple Falls. • Tourism orientation - Kendall is on the way to Mt Baker and, as such, can benefit from thousands of tourism -related vehicle trips on the Mt Baker Highway. Master Plan The master plan concept presented here represents a development type consistent with a rural center, conserving open space on the periphery of the developed area, accenting public spaces and providing for non -motorized connection opportunities via trails to the Columbia Valley and Maple Falls. It also proposes reconfiguring the highways and intersections to control the flow of traffic through Kendall and 13-10 251 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 improve the Rural Center's visibility to traffic on the Mt Baker Highway. The sweeping curve allowing Mt Baker Highway travelers to bypass Kendall would be removed, directing all Mt Baker traffic through the roundabout and providing them a more complete view of what Kendall has to offer. Figure 13.6 — Existing building footprints in Kendall, with the Rural Center designation shown in red The first phase of the master plan build out would retain the existing convenience stores and concentrate on filling in land that is now vacant. Integrating the new style of development (with its building masses close to the street) and the existing development pattern (with its building masses set further back) will require careful access management to ensure that vehicles exiting the highway are channeled safely to common parking areas. 13-11 252 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Figure 13.7 — Kendall Master Plan Concept The final development phase includes full redevelopment of Kendall to create the town center envisioned in the workshops. The Small Town Commercial zone will have become a corridor of shops and civic uses, with parking located on the street and behind the building masses. The building fronts would not be entirely continuous along this corridor because of the desire to maintain a rural feel to the space and to permit easy access to the parking, trails, and community activity areas north of the roadway. 13-12 253 Foothills Subarea Plan, Chapter 13 - Planning Commission Recommended Version June 24, 2010 Policy References This chapter introduces no new goals or policies. It is actually more oriented to the implementation of policies contained elsewhere in the plan, presenting ideas on the future look and function of Kendall as the Foothills and the Columbia Valley respond to change in the coming years. The table below indicates where related goals and policies can be found in this plan. Table 13.3 Relevant policies for the Kendall Rural Center from other chapters Chapter Goal -Policy LU2-E Land Use LU3-A, B, C, D, E and F LU5-A Housing H2-A and B Capital Facilities CF2-A and B C F3-B Utilities U3-A U 6-A T3-A, B and C T5- B Transportation T6-A T7-A, B, C, and D T11-A, B, C, and D Economic EC3-A and B EC6-A RI-B Recreation R2-A R5-A, B, C, D, and E PF1-A Community Facilities PF3-A and B PF5-A 13-13 254 Foothills Subarea Plan, Chapter 14 - Planning Commission Recommended Version June 24, 2010 14 Public Participation Program The public participation program for the formation of this subarea plan included 8 workshops, stakeholder interviews, a questionnaire and meetings of the Foothills Subarea Plan Advisory Committee (FSPAC). All interested parties were invited to participate in the various opportunities presented for public comment and participation in the planning process. Sincere efforts were made on the part of the FSPAC, the County, and the consultant, Studio Cascade, Inc., to incorporate as much public input into the process as possible. While the meetings and workshops appealed to particular segments of the Foothills population, other residents were more inclined to answer a questionnaire. Stakeholder meetings were arranged with key members of the Foothills community to gain insight into the inner workings of the expansive community. Vision Week Workshops June 5 - 8, 2006, a series of four visioning workshops were held in Deming, Kendall, Glacier, and Maple Falls. Participants were asked to comment and draw on maps to articulate their feelings and ideas on a number of common planning issues: community, land use, transportation, growth/change, identity and economy. The sheets were divided into three parts (issues, opportunities, and vision) for comment. Kendall Workshop The fifth workshop was a two-day charrette September 15 and 16, 2006. The first day laid the groundwork for participants to begin the work of designing their ideal small town commercial area near the intersection of Kendall Rd and Mt Baker Highway. Participants were encouraged to think 20 years in the future to plan a commercial center that would serve the needs of future residents of the Kendall area and the Foothills. They wrote their ideas on a series of large maps of the intersection. Columbia Valley Urban Growth Area Workshop Workshop six, October 14, 2006, centered on the Columbia Valley Urban Growth Area. At the time, the UGA included Kendall. The work of participants centered around four topic areas: economy, transportation, public facilities and community services, and boundaries and land use. Each rotation cycle on each topic was presented with a map on a long sheet of paper and was asked to illustrate their vision for the Columbia Valley UGA and write some comments or suggestions. These comments were compiled into a spreadsheet and the maps were scanned for further consideration. Policy Workshop The primary focus of workshop seven, November 16, 2006, was policy review and generation. Over the course of the previous meetings, a number of policy probabilities had emerged from discussion and comments. This meeting presented a number of those policies to the participants for their consideration. Participants were asked to review a draft policy framework within three categories: rural areas, urban growth area, and small towns (subsequently renamed Rural Centers). They were then asked to decide if the policy presented was a good idea or bad idea. They were also given the option to say that they "don t know" or "don't care" in this exercise. Also, during the workshop, participants were exposed to several of the Whatcom County Comprehensive Plan policies that applied to future growth in the Foothills Subarea and were shown preliminary results of the Foothills subarea plan questionnaire. 14-1 255 Foothills Subarea Plan, Chapter 14 - Planning Commission Recommended Version June 24, 2010 Finally, as another barometer for public opinion, workshop participants were asked to be involved in a quick penny poll. A penny poll is an unscientific survey in which participants are given 10 pennies to spend on 10 topics any way they would like to spend them. For example, if a respondent wants to put nine pennies in topic one and one penny in topic two, or one penny in each topic, they may. In this penny poll, topics considered were: local jobs, improved levels of service, housing affordability, water quality, recreation, rural character, convenient access to urban areas, environmental protection, emergency response and law enforcement, and other. Draft Plan Rollout The eighth workshop was a Draft Plan Rollout held in October 2007 to introduce the draft plan to the public and provide opportunity for a round of public input prior to FSPAC issuance of their recommended draft plan, which will proceed on for Planning Commission and County Council review. Foothills Subarea Plan Advisory Committee November 2005, the Whatcom County Council authorized the formation of the FSPAC by approving Resolution No. 2005-062. The committee consists of 11 members who are representatives of different areas or activities within the Foothills. The Whatcom County Executive appointed the FSPAC members, with County Council confirmation in February 2006. Between March 2006 and October 2007, the FSPAC conducted approximately 40 meetings and provided guidance and support to the consultant the County hired to work on the subarea planning process. The FSPAC recommended draft Foothills Subarea Plan was issued in October 2007. The FSPAC held several meetings in 2009 and 2010, after issuance of the draft subarea plan, to provide additional input to the County. FSPAC record of decisions and recommendations were made available to the public through the website. Questionnaire In early October 2006, the County sent out 4,751 questionnaires to landowners within the Foothills area. The FSPAC members handed out an additional 500 questionnaires and later distributed another 300 questionnaires in Russian to the Russian and Ukrainian community. The questionnaire was four pages in booklet style. Its questions were divided into five parts: location, preferences, tradeoffs and priorities, vision, and respondent comments. Part one — location, asked respondents where they lived, owned and worked in the subarea. Part two — preferences, asked respondents to express their agreement or disagreement with a series of statements on the following topics: community, sewer/water, land use/housing, recreation, economy, transportation, and emergency preparedness. Part three — tradeoffs and priorities required respondents to rank a series of topics in order of importance. The topics were the same as those addressed in the Policy Workshop. Part four — vision, asked respondents to answer a series of questions about what they liked most or disliked most about the Foothills and changes they would like (or not like) to see in the next 20 years. Finally, respondents were given a space to make freelance comments in Part five — respondent comments, and were also asked their age for demographic purposes. Results of this questionnaire were tallied in SPSS, a data management and statistical analysis software and presented in a report (Foothills Subarea Plan Questionnaire Report, January 2007) to the FSPAC. 14-2 256 Foothills Subarea Plan, Chapter 14 - Planning Commission Recommended Version June 24, 2010 Environmental Review A Draft Supplemental Environmental Impact Statement (EIS) was issued on August 1, 2008. A public hearing on the Draft SEIS was held on September 4, 2008. The Final SEIS was issued on December 19, 2008, 10-Year UGA Review Whatcom County held public meetings while conducting the 10-year urban growth area review, which resulted in modifications to the Columbia Valley UGA in 2009 (Ordinance 2009-071). Planning Commission The Whatcom County Planning Commission held public hearings on the Foothills Subarea Plan on January 15, 2009 and June 10, 2010. Oral and written public comments were received at these hearings. Website Throughout the entire update process, agendas, reports, results, and other items were posted on a website for community access (hft://www.co.whatcom.wa.us/pds/planning/Foothi IsSubareaPlanUl2date.htrn). This website listed all meeting dates and their outcomes including FSPAC meetings and Studio Cascade -moderated public meetings and workshops. Policies Throughout the subarea plan, several chapters contain goals and policies that relate to future public participation in the planning process. It became clear during the public participation process for this plan that continued public participation would be necessary for the vision presented here to be realized. In keeping with that realization, the FSPAC introduced a number of polices in various chapters to encourage future public participation in the ongoing planning process. These goals and policies are identified in the table below for reference. Table 14.1 Relevant policies for public participation from other chapters Chapter Policy LU4-B Land Use LU5-B, C, and D LU6-A LUl 1-D and E Transportation T7-B Economics EC4-K Natural Resources RL1-F Recreation R5-13 Community Facilities PF5-13 PF6-B Environment EN 1-E 14-3 257 Foothills Subarea Plan, Chapter 15 - Planning Commission Recommended Version June 24, 2010 15 Implementation A plan is only as good as its implementation. This chapter includes a series of implementation projects and tasks identified through the subarea planning process. The first section below contains specific projects reviewed and prioritized by the Foothills Subarea Plan Advisory Committee (FSPAC), and adopted in this Subarea Plan, composed mainly of specific actions that require funding from the County or other sources to accomplish. The second section contains tasks that are more administrative in nature, requiring commitment from the County Council and various County departments. These tasks are derived from the subarea plans goals and policies, helping the County conduct its affairs in the Foothills in a manner consistent with this plans directives. In short, this chapter helps the County channel its investment in both capital and effort to ensure the Foothills subarea achieves the vision expressed in this plan. Projects In the February 7, 2007 meeting of the FSPAC, the committee started the process of generating a list of potential implementation projects to be included in the subarea plan. The list went through a series of sorting processes and was finalized in the form it appears in this subarea plan at the May 16, 2007 FSPAC meeting. The committee sorted projects by priority and then broke them into projects that could be funded by the County and projects that would require non -County funding. Some projects appear in both lists as they will either require funding from both County and non -County sources or from either the County or non -County sources. These prioritized project lists are meant to be reviewed and revised periodically as necessary to keep them up to date with improvements and changes occurring in the subarea. 15-1 258 Foothills Subarea Plan, Chapter 15 - Planning Commission Recommended Version June 24, 2010 Table 15.1 —Implementation Projects (Candidates for County Funding) Rank Area Project Description Chapter 1 Columbia Valley East County Regional Resource Center Capital Facilities Urban Growth and Community Area UGA Facilities 2 Columbia Valley Incorporation study Columbia Valley UGA UGA 3 Columbia Valley Conduct a study and prepare a Master Plan for light Columbia Valley UGA impact industrial in UGA- Work with Port of Bellingham, UGA Foothills Community Development Association (CDA), etc. 4 Kendall Town park/community gathering place Community Facilities, Recreation and Capital Facilities 5 Entire Foothills Study best practices for "local living economy" (buy Economics Subarea local) as opposed to corporate chain economy 6 Maple Falls Town park with public restrooms and a place for a Recreation and farmer's market & ball fields along the highway Ca ital Facilities 7 Entire Foothills Separated bike/pedestrian paths from: Glacier to Transportation Subarea densely populated developments to the east, Glacier and Capital to Maple Falls, Maple Falls to Kendall, Facilities Kendall to Limestone Road, Kendall to Deming, and Deming to Nu ent's Corner 8 Entire Foothills County Code enforcement to clean up blighted Land Use and Subarea properties throughout the entire subarea. In the Housing Paradise Lakes area, the code enforcement effort will work in conjunction with the Kendall Watch Plan. 9 Entire Foothills Better signage at curves in road, better visibility, and Transportation Subarea blinking lights to improve safety. Consider roadside safety projects and improved signage, as needed. 10 Entire Foothills Incentives for tree retention along scenic highway Environment and Subarea Trans ortation 11 Glacier and Fire Prevention- consult with Fire Marshal and provide Land Use and Columbia Valley tree modification to address potential wildfire Environment UGA 12 Columbia Valley Study of tax impact of projected growth so people Columbia Valley UGA know how they are going to pay for UGA services/infrastructure 13 Deming, Develop design guidelines for each individual small Land Use Kendall, Maple town commercial zone, including square footage and Falls and Glacier height limits for buildings. The design guideline committees will be composed only of residents and property owners in and around each small town commercial zone. 14 Kendall Deal with Flooding & Sediment Issues for High Creek Environment, ( i.e. put in sediment pond to collect sediment) Land Use and Trans ortation 15 Columbia Valley Storm water plan Columbia Valley UGA UGA and Utilities 16 Columbia Valley Pedestrian bridge over Sprague Lake Transportation UGA 15-2 259 Foothills Subarea Plan, Chapter 15 -Planning Commission Recommended Version June 24, 2010 Table 15.1 — Implementation Projects (Candidates for County Funding) Rank Area Project Description Chapter 17 Foothills Subarea Look at enhancing Silver Lake Park with natural Recreation (north of Maple resource themes Falls 18 Entire Foothills Educational program relating to wildlife needs Environment Subarea 19 Columbia Valley Park Capital Facilities, UGA Recreation and Columbia Valley UGA 15-3 260 Foothills Subarea Plan, Chapter 15 - Planning Comrnission Recommended Version June 24, 2010 Table 15.2 - Implementation Projects (Candidates for non-Counhj Funding) Rank Area Project Description Chapter 1 Columbia Valley East County Regional Resource Center Capital Facilities Urban Growth and Community Area (UGA) Facilities 2 Foothills Subarea Welcome Center (visitor center) in Kendall Community Facilities 3 Kendall Library/town park/community gathering place Community Facilities, Recreation and Ca ital Facilities 4 Entire Foothills Study best practices for "local living economy" (buy Economics Subarea local) as opposed to corporate chain economy 5 Entire Foothills Cell phone coverage and high speed Internet service Utilities Subarea 6 Columbia Valley Interfaith Community Health Satellite Clinic Community UGA Facilities 7 Maple Falls Town park with public restrooms and a place for a Recreation and farmer's market & ball fields along the highway Ca ital Facilities 8 Kendall Study road and pedestrian/bike safety from SR 5421547 Transportation intersection to just past the Kendall Elementary School. Study roundabout at SR 542 & SR 547 and look at alternatives. Additionally, address the following areas of concern regarding the operation of Mount Baker School District buses: A. The Interchange of Hwy 542 and 547. The Committee recognizes that this is a very dangerous spot and would directly benefit from increased signage (warning signs) and a reduced speed limit at the interchange. A Kendall Elementary School Study of the intersection showed drastically reduced rates of accidents when temporary orange warning flags were placed at the approaches to this intersection several years ago. Signs saying "Yield to Oncoming Traffic" and "Caution - Turning Traffic Ahead" at the approaches to this intersection would be of great help. B. The corner of Hwy 547 where it turns ninety degrees from west to north directly in front of Kendall Elementary School. Two to three times per month vehicles fail to navigate that corner and contact the flower bed and the school district parking lot. The suggestion would be to again reduce speed on the highway, possibly install a device to slow speed (chicane or speed -bump) and to place a guardrail barrier between the roadway and the parking lot. 9 Entire Subarea Separated bike/pedestrian paths from: Transportation Glacier to densely populated developments to the and Capital east Facilities Glacier to Maple Falls Maple Falls to Kendall Kendall to Limestone Road Kendall to Deming Deming to Nugent's Corner 15-4 261 Foothills Subarea Plan, Chapter 15 - Planning Commission Recommended Version June 24, 2010 Table 15.2 — Implementation Projects (Candidates for non -County Funding) Rank Area Project Description Chapter 10 Columbia Valley Conduct a study and prepare a Master Plan for light Columbia Valley UGA impact industrial in UGA- Work with Port of Bellingham, UGA and Foothills Community Development Association (CDA), Economics etc. 1 1 Columbia Valley Study Wastewater plan for UGA — possibly combining Columbia Valley UGA the 2 water districts and providing sewer to the entire UGA and Utilities UGA 12 Deming Upgrade the Deming Water Association Water Utilities Distribution System to Department of Health Standards 13 Entire Foothills Better signage at curves in road, better visibility, and Transportation Subarea blinking lights to improve safety. Additionally, address the following areas of concern regarding the operation of Mount Baker School District buses: The widening of the shoulder or periodic areas of Widened shoulders (in specified areas where the buses must stop) along 542 and 547 would reduce traffic congestion and reduce the slowing of traffic caused by the buses The Hwy 547 "S" curves approximately 1 mile north of the Kendall school. There are numerous accidents on the stretch of the highway. There is very poor visibility for cars approaching from the rear of school buses stopping in this area. Slower speed and warning lights for the corners would be of great assistance. The roads within the Peaceful Valley and Paradise areas only allow for the buses to operate on the main roads. Reconfiguration of these roads is unlikely but the introduction of sidewalks would make the approaches and exits to and from the buses safer. 14 Columbia Valley Better lighting along SR 547 & road striping Transportation UGA 15 Deming, Develop design guidelines for each individual small Land Use Kendall, Maple town commercial zone. Falls and Glacier 16 Foothills Subarea Park & Ride Transportation 17 Columbia Valley Small business incubator Economics UGA 18 Kendall Remove diversion dam at Kendall Hatchery Environment 19 Entire Foothills More WTA bus runs- A bus every hour Transportation Subarea 20 Deming Study wastewater treatment feasibility Utilities 21 Kendall Golf course Recreation 22 Entire Foothills Incentives for tree retention along scenic highway Environment and Subarea Transportation 23 Glacier and Fire Prevention- consult with Fire Marshal and provide Land Use and Columbia Valley tree modification to address potential wildfire Environment 24 Glacier Study needs for wastewater disposal Utilities 25 Columbia Valley Study of fax impact of projected growth so people Columbia Valley UGA know how they are going to pay for UGA services/infrastructure 15-5 262 Foothills Subarea Plan, Chapter 15 - Planning Commission Recommended Version June 24, 2010 Table 15.2 — Implementation Projects (Candidates for non -County Funding) Rank Area Project Description Chapter 26 Entire Foothills Ask State to lower speed limit in populated areas for Transportation Subarea pedestrian safety 27 Foothills Subarea SR 542 bridge over North Fork Nooksack (Warnick Transportation (between Maple Bridge) needs to be replaced (located near the Falls and confluence of the North Fork of the Nooksack River and Glacier) Canyon Creek). When funding is made available, WSDOT will work with the community when designing a replacement bridge so it incorporates features that accommodate bike and edestrian linkages to adjacent trials stems. 28 Kendall Skate -Park (tied to community gathering space) Recreation 29 Columbia Valley Fire Prevention — Tree Modification to address potential Land Use and UGA wildfire- Talk to Fire Marshall RE: Detailed How -To Environment 30 Columbia Valley Air quality study for UGA including enforcement Environment UGA 31 Kendall Deal with Flooding & Sediment Issues for High Creek Environment, ( i.e. put in sediment pond to collect sediment) Land Use and Transportation 32 Glacier Library Community Facilities 33 Glacier Post Office Community Facilities 34 Columbia Valley Pedestrian bridge over Sprague Lake Transportation UGA 35 Foothills Subarea Look at enhancing Silver Lake Park with natural Recreation (north of Maple resource themes Falls 36 Kendall Lower Speed Limit on SR 547 & SR 542 near the Transportation intersection all the way to the North Fork Brewery 37 Entire Foothills More Bike Racks on WTA buses Transportation Subarea 38 Entire Foothills Educational program relating to wildlife needs Environment Subarea 39 Kendall Swimming pool Recreation 40 Columbia Valley Park Capital Facilities, UGA Recreation and Columbia Valley UGA Implementation Tasks In addition to the series of goals and policies that were adopted for each chapter, the FSPAC recommended a series of tasks to implement the vision, goals and policies of the subarea plan. These are listed in this section, but are not in a prioritized order. • Adopt low impact development standards for the Foothills Subarea • Rezone the triangular 14-acre parcel east of Mt. Baker Rite, shown on the Glacier Area map in chapter 2 consistent with the Rural Center Comprehensive Plan designation. 15-6 263 Foothills Subarea Plan, Chapter 15 - Planning Commission Recommended Version June 24, 2010 Develop a Scenic Road Overlay Zone for the Mount Baker Highway corridor. This overlay zone should consider building design, site planning, signage, view points, landscaping, setbacks, transfer of development rights, public access, road improvements, and other appropriate elements. The development of this plan is an acknowledgement that the identified intrinsic resources add value to the lives of those who live along the corridor. These resources also attract many visitors throughout the year whose choice to visit helps sustain the local economy. Corridor residents, very aware of the abundance of intrinsic qualities and their impact on life and livelihood, have a strong sense of personal responsibility for good policy — a natural consequence of a natural wonder. Local stewardship is very important to this community. Revise the Official Whatcom County Zoning Ordinance to designate Rural and Rural Forestry areas in the Foothills Subarea as transfer of development rights (TDR) sending areas and the Columbia Valley UGA or other urban growth areas as TDR receiving areas in order to preserve open space in rural and forestry areas Establish a Rural Recreational and Open Space (RROS) District Comprehensive Plan Overlay Designation in Rural Zones within the Foothills Subarea that would encourage and allow proposals from the private sector commensurate with an approved application meeting all other applicable requirements of Chapter 20.44 and/or 20.36 and/or a separate codification of the Whatcom County Code for the purpose of creating one or more of the following: Natural systems education and/or interpretive areas. Healing and/or Wellness retreat centers and/or interpretive facilities. Facilities for the performance, appreciation and/or teaching of arts and crafts. Conference facilities and/or retreat centers for religious, meditative or educational purposes. Natural systems education centers, informational centers, cultural and/or historic interpretive centers, and museums. Allow any combination of the uses designated above. Consider provisions to limit the total area allowed for development ensuring that the applicant's total land base included in the proposal is primarily set aside and undeveloped — consider further limiting RROS zoning by requiring dedications of land or consolidation of development rights into the developable portion — in this way ensuring the preservation of large areas of undeveloped rural areas in every project. This method would allow applicants to voluntarily and permanently remove these lands from the developable land base but not from the local tax base and create a positive means to ensure the preservation of rural lands for future generations. Implementation Committees Community based implementation groups should be formed to facilitate implementation of this plan, supported by County staff and monetary resources. 15-7 264 Appendix A Bibliography ECONorthwest: Foothills Subarea Population Forecast, December 1, 2006 ECONorthwest: Foothills Subarea Economic Analysis, June 12, 2007 Foothills Subarea, a component of the Whatcom County Comprehensive Land Use Plan, November 1988 Foothills Subarea Plan Advisory Committee: Records of Decisions & Recommendations, March 2006 - May 2010 Studio Cascade: Vision Week Evaluative Summary, July 2006 Studio Cascade: Foothills Subarea Plan Questionnaire Report, January 2007 Evergreen Water -Server District Comprehensive Water System Plan, June 2004 Water System Plan for Whatcom County Water District No. 13, February 2005 The Foothills Subarea Plan and the documents in the Bibliography are on file at: Whatcom County Planning & Development Services 5280 Northwest Dr. Bellingham, WA 99226 (360) 676-6907 A-1 265 Exhibit B Amend the Whatcom County Comprehensive Plan as shown below: Policy 2AA-12: Recognize the need for light impact industrial land uses within the Columbia Valley Urban Growth Area. Consider establishing a light impact industrial zone located on the north side of Limestone Road in accordance with the policies of the Foothills Subarea Plan. Retain the existing zoning within this area Until a master plan as been Gempl identify tra i � is d F,�r,—#� bey,--o�e�c-� te--�e�r-�--«a �c �pas� a� i nrraStFWGtNFe/wtill /service —Reeds, and appropriate mitigation mearrtca uFee.. , 266 Exhibit C Amend the permitted uses in the General Commercial District in the Official Whatcom County Zoning Ordinance, WCC 20.62.065, as follows: .065 One single-family dwelling per lot of record subject to: (1) Health department requirements regarding soil type and water supply. (2) Height regulations, lot coverage, open space, development standards and performance standards shall be in accordance with the provisions of Chapter 20.20 WCC; except that side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned properties. (3) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of building permit issuance stating that the dwelling(s) is located in a General Commercial zone and buyers should be aware that commercial uses will be allowed on surrounding parcels and owners have no grounds for protest. (4) Such use requires a conditional use permit if located within airport overlay zone 2 or 3 as shown in Whatcom County Comprehensive Plan Appendix H. (5) Within the Columbia Valley Urban Growth Area, single family dwellings are not bermitted in the General Commercial zone. Amend the permitted uses in the General Commercial District in the Official Whatcom County Zoning Ordinance, WCC 20.62.066, as follows: .066 Duplexes and multifamily dwellings not to exceed 18 units per acre subject to: (1) Availability of adequate public sewer, or water, and appropriate storm drainage; (2) The maximum number of units shall be determined by the health department based on soil type and water supply; (3) Provision of adequate right-of-way and street improvements to bring adjacent roadways up to necessary standards; (4) Height regulations, lot coverage, open space, development standards and performance standards shall be in accordance with the provisions of Chapter 20.22 WCC; (5) Site plan review shall be done by the technical review committee to ensure compliance with the intent of the general development standards WCC 20.62.650. Four or less units per acre are exempt from this requirement; (6) A deed restriction recorded with the Whatcom County auditor is attached to the lot(s) at the time of building permit issuance stating that the dwelling(s) is located in a General Commercial zone and buyers should be aware that commercial uses will be allowed on surrounding parcels and owners have no grounds for protest; 267 (7) Duplexes and multifamily dwellings shall not be located within airport overlay zone 2 or 3 as shown in Whatcom County Comprehensive Plan Appendix H. (8) Within the Columbia Valley Urban Growth Area, duplex and multifamily development shall not occupy more than 25% of the total land area in the General Commercial zone. This restriction does not apply to dwellings located above ground -floor commercial development. W. Exhibit D Columbia Valley Qa�G 1NFt��AMATj�H Title 20 Zoning Designations trQPP�G -COG Sys 7O10 •« • Existing Zoning Boundary USE OF WHATCOM COUNTPS DIS DATA IMPLIES THE OSER'8 (J� • . AGREEMENT WITH THE FOLLOWING STATEMENT: VAX— Candy elactalent sly warranty, of merchantability orwmialy of pure.of lMamaP for any 9,Hlcalar puapoee, eHheresprett er r _ " A'yU Proposed Zoning Boundary Implied.HolepmaenlMlehorwammry h made tonceminp the awn aey,.-aty,eompMlene. or on Illyof Gala depleted oo lhlt map. "P •'Zy\� Existing Zoning Designations in bold. Alq—, of We.,p at — all r:marelblllq bruae thereof, and Nether aprces to hoM Whnlcma Can., ba...lrom and apalem any tlamepe.year. or Habllk adslrm lmm any ow a thud map. Proposed Zoning Designations in italics_ ioPM�`a ' Existing Zoning Designations, when changing, in (parentheses) 69_... - underneath proposed zoning designation. 0 GDD 2OD 2.4OO 3,EOO <. Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 1 WHATCOM COUNTY PLANNING COMMISSION Foothills Subarea Plan and Related Amendments FINDINGS OF FACT AND REASONS FOR ACTION Background Information The subject proposal consists of the following comprehensive plan and zoning amendments: a. Adopting a new Foothills Subarea Plan and repealing the 1988 Subarea Plan; b. Amending Whatcom County Comprehensive Plan Policy 2AA-12, relating to light impact industrial zoning in the Columbia Valley Urban Growth Area (UGA); c. Amending zoning text to prohibit single family dwellings and restrict duplex and multi -family development in the General Commercial zoning district of the Columbia Valley UGA; d. Amending the zoning map by rezoning approximately 51 acres from Rural one dwel.ling/two acres (R(2)) to Small Town Commercial (STC) in Deming; and e. Amending the zoning map by rezoning approximately 40 acres east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)) for consistency with the existing Rural comprehensive plan designation. 2. The Foothills Subarea Plan covers a portion of the east County including the Columbia Valley, Kendall, Maple Falls, Glacier, forestry lands, rural lands, recreational developments, the North and Middle Forks of the Nooksack River, and a segment of the Mount Baker Highway corridor. The 1988 Foothills Subarea Plan did not include Deming, but the Subarea boundary will be modified to include Deming in the new Subarea Plan.. 3. Whatcom County Comprehensive Plan Policy 2L-2 is to "Retain and periodically update the adopted Subarea Plans" including the Foothills Subarea Plan. The 1988 Foothills Subarea Plan had a 15-year planning period and is due for an update. 4. The County Council passed Resolution #2005-062 in November 2005 establishing a Foothills Subarea Plan Advisory Committee. The County Executive appointed 11 members to the Committee and the County Council confirmed these appointments. The members of the Committee represented their respective communities, recommended methods of reaching out to the community and obtaining public input, provided advice to the County Planning Department, reviewed work of the planning consultant, and recommended a Draft Foothills Subarea Plan in October 2007. The Foothills Subarea Plan Advisory Committee made modifications to the Draft Plan in 2010 to address the 10-Year UGA review, rural element review and other issues. 270 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 2 State Environmental Policy Act In December 2007, the Planning and Development Services Department determined that a supplemental environmental impact statement (SEIS) would be prepared for the Draft Foothills Subarea Plan and alternatives. The Draft SEIS was issued on August 1, 2008. A public hearing on the Draft SEIS was held on September 4, 2008. The Final SEIS was issued on December 19, 2008. The Final SEIS studied land use, transportation, public schools, fire protection/EMS, law enforcement, water & sewer, parks, trails & activity centers, water quantity and water quality. 6. The Final SEIS evaluated three land use alternatives: a. The Draft Foothills Subarea Plan (Oct. 2007) with a modified planning horizon year; b. The No Action Alternative, which retained land use designations as they existed in 2008 when the EIS was completed; and c. The Rural/LAMIRD (Limited areas of more intensive rural development) alternative. Main features of this alternative included eliminating the Columbia Valley/Kendall Urban Growth Area (UGA) and reducing or eliminating areas of more intensive rural development in the Deming, Welcome, Maple Falls, and Glacier areas. 7. The subject amendments are within the range of alternatives studied in the EIS. Approval Criteria 8. The criteria of WCC 2.160.080, summarized below, must be satisfied in order to approve a comprehensive plan amendment. • The amendment conforms to the requirements of Growth Management Act (GMA), is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. • Further studies made or accepted by the department of planning and development services indicate changed conditions that show a need for the amendment. • 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: o The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. o The anticipated effect upon 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. o Anticipated impact upon designated agricultural, forest and mineral resource lands. 2 271 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 3 • The amendment does not include or facilitate spot zoning. • Transfer of development rights may be required if an urban growth area is expanded. 9. In addition to comprehensive plan amendments, the subject proposal also includes several zoning amendments. Pursuant to WCC 20.90.050(4), the hearing body is to evaluate the zoning amendments in relationship to the goals, policies and objectives of the comprehensive plan. Subarea Plans 10. The GMA, in a section entitled "Optional Elements," states that a "comprehensive plan may include, where appropriate, subarea plans, each of which is consistent with the comprehensive plan" (RCW 36.70A.080). 11. The Western Washington Growth Management Hearings Board has stated that: Subarea plans are optional elements of a comprehensive plan. While a jurisdiction has discretion to utilize subarea plans, RCW 36.70A.080(2) requires that subarea plans be consistent with the comprehensive plan and are subject to the goals and requirements of the GMA. Subarea plans are, as the prefix "sub" implies, a subset of the comprehensive plan of a jurisdiction and they typically augment or amplify policies contained in the comprehensive plan. There is no GMA requirement that a subarea plan contain all the mandatory elements required by RCW 36.70A.070 (Campbell v. San Juan County, Case No. 09-2-0014, FDO, January 27, 2010). 12. The Foothil is Subarea Plan is an optional element of the comprehensive plan that Whatcom County has chosen to develop, at the County's discretion, in order to facilitate community -based planning in the Foothills Subarea. Public Participation 13. GMA planning goals are set forth in RCW 36.70A.020. The GMA citizen participation and coordination planning goal is to "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts" (RCW 36.70A.020 (11)). 14. County -wide Planning Policy A-2 states that: The county and the cities shal l provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys, public workshops, meetings, hearings, and advisory committees. The method of citizen involvement may vary based on the needs and constituents in various communities and shall include representation of both rural and urban interests on those issues that affect both urban and rural areas. 3 272 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 4 15. The Foothills Subarea Plan Advisory Committee met more than 45 times between March 2006 and May 2010 in the effort of developing the Draft Foothills Subarea Plan. The Advisory Committee typically provided a period for public comments at their meetings. 16. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, hosted the following workshops in the process of developing the Subarea Plan: a. A series of four visioning workshops the week of June 5 through June 8, 2006. These meetings were held in Deming, Kendall, Glacier and Maple Falls; b. A Kendall Small Town workshop on September 15 and 16, 2006; c. A Columbia Valley Urban Growth Area (UGA) Workshop in Kendall on October 14, 2006; d. A Foothills Subarea Plan Policy Workshop in Deming on November 16, 2006; and e. A Draft Foothills Subarea Plan rollout meeting on October 15, 2007 at the Kendall Elementary School 17. Whatcom County Planning and Development Services Department, in conjunction with the Foothills Subarea Plan Advisory Committee and planning consultant Studio Cascade, circulated a questionnaire in October and November 2006. The results of the questionnaire are presented in the Foothills Subarea Plan Questionnaire Report (January 2007). 18. The Planning Commission held a work session on the Draft Foothills Subarea Plan (October 2007 version) on November 29, 2007. 19. The Planning Commission held public hearings on the Draft Foothills Subarea Plan on January 15, 2009 and June 10, 2010. Urban Growth 20. GMA planning goal # 1 is to "Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." Under the GMA, urban growth areas have been designated pursuant to RC 36.70A.110. 21. County -wide Planning Policy C-1 states "Urban growth needs shall be met by a combination of in -fill within cities and by growth within designated municipal and non - municipal Urban Growth Areas." This County -wide Planning Policy indicates UGAs that are not associated with an existing city, such as the Columbia Valley UGA, are appropriate to meet the urban growth needs in Whatcom County. 22. The Whatcom County Comprehensive Plan contains goals and policies supporting the Columbia Valley Urban Growth Area designation including Goal 2AA, Policy 2AA-6, and Policy 2AA-13. 4 273 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 5 23. Whatcom County Comprehensive Plan Land Use Action Plan item # 11 (chapter 2) is to: Revise county subarea plans to incorporate urban growth area boundaries as identified in this plan, ensure consistency with this plan, and eliminate any redundancy in policy. Continue to implement existing subarea plan action items that are consistent with this plan. 24. The Columbia Valley UGA was adopted by the Whatcom County Council in 1999 (Ordinance 99-075). 25. Whatcom County re -affirmed that the Columbia Valley would retain UGA status, but reduced the size of the UGA, in November 2009 in the context of the 10-year urban growth area review (Ordinance 2009-071). 26. The majority of the Foothills Subarea Plan Advisory Committee recommended a Draft Foothills Subarea Plan (May 2010) that retains and supports the Columbia Valley UGA. 27. There are two large residential subdivisions with urban densities and a recreational development existing in the Columbia Valley UGA. The Columbia Valley UGA had an estimated 2006 population of 3,853, which was larger than three cities in Whatcom County. Portions of the UGA are already characterized by urban growth as defined by RCW 36.70A.030 (19). 28. In November 2009, the County Council rezoned land within the Columbia Valley UGA to General Commercial (GC), in conjunction with the 10-year UGA review. This GC zone, which allows commercial, institutional and high density residential land uses, coincides with the Planned Town Center in the Foothills Subarea Plan. 29. The Foothills Subarea Plan contains goals and policies that address development and public facilities in the Columbia Valley UGA. Low Density Sprawl 30. GMA planning goal # 2 is to "Reduce the inappropriate conversion of undeveloped land into sprawling, low -density development" 31. The Foothills Subarea Plan protects land from sprawling low -density development because: a. The Whatcom County Comprehensive Plan encourages net densities of 4 dwellings/acre in the Columbia Valley UGA (Goal 2P) and the UR4 zoning district establishes a minimum net density of 4 dwellings/acre when public water and sewer are provided (WCC 20.20.252). When public water and sewer are not provided, the maximum density is one dwelling/ten acres and development must be clustered to W 274 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 6 allow future urban development once water and sewer are available. The UGA occupies less than 1% of the land in the Foothills Subarea. A total population of 5,000 was allocated to the Columbia Valley UGA for the 2029 planning horizon year, which was near the low end of the alternative population allocations studied in the environmental impact statement for the 10-year UGA review. b. Approximately 88% of the land within the Foothills Subarea is designated resource lands (mostly forestry, but also mineral resource And agricultural lands). The development regulations for these resource lands do not permit sprawling, low density development. c. About 11 % of the land within the Subarea is classified as rural under the comprehensive plan. Transportation 32. GMA planning goal # 3 is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans." 33. County -wide Planning Policy J-2 states that "Whatcom County jurisdictions shall encourage alternative modes of transportation to the single occupancy vehicle..." 34. The primary transportation routes to and from the Foothills Subarea are State highways. There are also a number of County roads in the Subarea. Chapter 6 of the Foothills Subarea Plan indentifies needed highway improvements within the Foothills Subarea, including improvements within the 20-year planning period to the Mount Baker Highway/Kendall Rd. intersection and the Mount Baker Highway/Valley Highway intersection. 35. The Foothills Subarea Plan contains policies to promote and encourage public transit, bikeways, and pedestrian walkways (Goal T11 and associated policies in chapter 6). 36. Because of the recreational nature of the Foothills and Mount Baker region, one of the issues identified in the planning process was the impact of new development on weekend traffic, especially on Mount Baker Highway. This issue is addressed by Policy T11-E in chapter 6 of the Foothills Subarea Plan. 37. The Foothills Subarea Plan encourages job growth in the Columbia Valley UGA, which should provide opportunities for people in the area to work closer to their homes. Housing 38. GMA planning goal # 4 is to "Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock." no 275 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 7 39. County -wide Planning Policy G-2 states that "The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs." 40. The Foothills Subarea Plan contains policies to encourage affordable housing, provide for a variety of housing types, and rehabilitate existing housing (Chapter 3). Permitted zoning densities in the Foothills Subarea range from 18 dwellings/acre in the Columbia Valley UGA Planned Town Center to one dwelling/40 acres in the Agriculture zone, with a variety of densities in between. Economic Development 41. GMA planning goal # 5 is to "Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities." 42. County -wide Planning Policy 1-7 states: Economic vitality and job development shall be encouraged in all the cities and in designated areas of the county consistent with community growth policies, particularly addressing adequacy of transportation corridors, public transportation, impacts on the environment, and the ability of the area to provide urban services. 43. The Foothills Subarea Plan includes a Planned Town Center comprehensive plan designation that is centrally located in the Columbia Valley UGA. The Planned Town Center designation is intended to be a mixed use area consisting of commercial uses, a variety of high density residential housing types, and institutional uses. The UGA also includes a planned light impact industrial area. 44. The Rural Centers of Deming, Kendall, Maple Falls and Glacier contain commercial zoning districts that can accommodate job growth. Other rural areas in the Foothills Subarea allow home occupations and cottage industries. 45. Designated forestry lands allow related resource -based industries. 276 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Pate 8 Property Rights 46. GMA planning goal # 6 states that "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions." 47. The Attorney General's Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property (December 2006) has been reviewed and it does not appear that the regulatory amendments would result in a "taking" of private property. Permitting 48. GMA planning goal # 7 states "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability." 49. The Foothills Subarea Plan supports timely permit processing and clear development regulations (Policy EC4-E in chapter 7). Resource Lands and Industries 50. GMA planning goal # 8 is to "Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses." 51. County -wide Planning Policy I-9 states: The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing. As part of a broad based economy, productive timber, agriculture and fisheries industries should be supported in a sustainable manner. 52. Policies in the Foothills Subarea Plan discourage re -designation of Rural Forestry and Commercial Forestry comprehensive plan designations to UGA (see Policy LUl-D in chapter 2 and Policy RL1-A in chapter 8). 53. Policies in the Foothills Subarea Plan also discourage rezoning Commercial Forestry and Rural Forestry zoning districts to allow more dwellings or increased intensity of use (see Policies LUl-B and LU1-C in Chapter 2). 8 277 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 9 Open Space/Recreation/Fish & Wildlife 54. GMA planning goal # 9 is to "Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and water, and develop parks and recreation facilities." 55. County -wide Planning Policy H-1 states: Adequate open space is vital to the quality of life and sense of place in Whatcom County. The county, cities, Port of Bellingham, and other appropriate jurisdictions should coordinate protection of linked greenbelts, within and between Urban Growth Areas, parks, and open space to protect wildlife corridors and to enhance recreational opportunities, public access and trail development. 56. The Foothills Subarea Plan contains provisions relating to preservation of open space (Policies LU1-G and LU1-I in chapter 2), promotion of recreational opportunities (Recreation goals and policies in chapter 9), and protection of fish and wildlife habitat (Goal EN1 and associated policies in chapter 11). Environment 57. GMA planning goal # 10 is to "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." 58. County -wide Planning Policy N-1 states: The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in the protection of water resources and in drawing upon said water to support growth. 59. The Foothills Subarea Plan contains policies to protect water quality and quantity (Goal EN1 and associated policies in chapter 11). The Plan also addresses air pollution (Policy T4-C in chapter 6) and contains an implementation project in chapter 15 to study air quality in UGA. Public Facilities 60. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards." E 278 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 10 61. County -wide Planning Policy E4 states: The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non -city Urban Growth Areas. These plans should be developed by special purpose districts, water associations and private service providers within each of these Areas, and should be implemented, where appropriate, through interlocal agreements... 62. Water District 13 and Evergreen Water and Sewer District 19 serve the Columbia Valley UGA with public water. Together, they have sufficient water connections available to serve planned residential growth in the UGA. 63. Pursuant to state regulations, Evergreen Water and Sewer District is required to update its water system plan by August 2010. 64. Pursuant to state regulations, Water District 13 is required to update its water system plan by March 2011. 65. Water District 13 provides sewer service to a portion of the Columbia Valley UGA. The District is in the process of updating its comprehensive sewer plan. 66. Fire District 14 serves the Columbia Valley UGA. The District is in the process of updating its capital facilities plan. 67. The Whatcom County Comprehensive Plan was amended in 2004 to allocate a population projection of 5,000 people to the Columbia Valley UGA (Ordinance 2004-013). Whatcom County maintained this allocation in the 10-year urban growth area review in 2009, as capital facility planning did not support allocation of additional population (Ordinance 2009-071). 68. The water purveyors serving the Rural Centers in Maple Falls and Glacier have sufficient water for planned growth. The Deming water system will need improvements to serve growth in the Rural Center.. The Kendall Rural Center is not served by a water district or association at the current time. Historical and Archaeological 69. GMA planning goal # 13 is to "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance." 70. The Foothills Subarea Plan policies support the recognition and preservation of culturally and historically significant sites within the Foothills (Policies LU5-B and LU5-C). 10 279 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 11 Accommodation of Growth 71. RCW 36.70A.115 indicates that Counties and cities shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including commercial, industrial, medical, governmental, educational and institutional. 72. WAC 365-196-325 clarifies that the land capacity analyses required under RCW 36.70A.115 are primarily to take place at the periodic reviews that counties and cities undertake. However, land capacity estimates are recommended during review of other comprehensive plan and development regulation amendments, if they increase or decrease allowed densities. 73. A land capacity analysis for the Columbia Valley UGA conducted at the time of the 10- year UGA review in 2009 demonstrates that it can accommodate allocated population and employment growth. 74. A review of land available in rural areas indicates that these areas can accommodate allocated population and employment growth. 75. The subarea planning process has identified the importance of medical facilities and other services in the Foothills. The zoning districts in the Foothills Subarea allow a variety of medical, governmental, educational and institutional land uses. Interlocal Agreement 76. The Foothills Subarea does not include any cities and there are not any interlocal. agreements affecting the subarea plan. Further Studies/Changed Conditions 77. The 1988 Foothills Subarea Plan had a 15-year planning horizon and, with the passage of time, has become outdated. 78. Review by the Foothills Subarea Plan Advisory Committee has resulted in new information and proposed policies. 79. The Foothills Subarea Plan Final Supplemental Environmental Impact Statement (December 2008), incorporated a transportation analysis conducted by The Transpo Group and a water quantity and quality report prepared by Aspect Consulting. 11 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 12 80. The Columbia Valley UGA was adopted in 1999. Ordinance 2009-071, which was adopted by the County Council in November 2009, modified the boundary of the Columbia Valley UGA in the context of the 10-year UGA review. A land capacity analysis and environmental impact statement were prepared in association with this review. 81. Adoption of an ordinance relating to the rural element of the comprehensive plan, including limited areas of more intensive rural development, is anticipated. 82. Further studies, including information associated with the Foothills Subarea Plan Advisory Committee work, environmental impact statements, 10-year UGA review, and rural element revisions, indicate changed conditions that show a need for the subject amendments. Public Interest 83. It is in the public interest to repeal the 1988 Foothills Subarea Plan and replace it with the new Foothills Subarea Plan because: a. The new Foothills Subarea Plan is consistent with the rate and distribution of population growth, employment growth, development, and conversion of land envisioned in the Whatcom County Comprehensive Plan. b. While there are pre-existing public facility and service issues in the Foothills, adoption of the Subarea Plan does not create these issues. Rather, the Subarea Plan includes goals and policies that address public facility and service issues. C. Designated forestry, mineral resource and agricultural resource lands are protected by the policies in the Subarea Plan. d. The 1988 Foothills Subarea Plan had a 15-year planning period, was adopted prior to the Growth Management Act, and was adopted prior to the current Whatcom County Comprehensive Plan. The Foothills Subarea Plan Advisory Committee was appointed to recommend a new subarea plan, as a new plan is needed in order to address community issues and changed conditions since adoption of the 1988 Subarea Plan. 12 281 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 13 Spot Zoning 84. The Official Whatcom County Zoning Ordinance (Title 20) defines illegal spot zoning as follows: "Illegal spot zoning" means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole (WCC 20.97.186). 85. Under the Foothills Subarea Plan, it is anticipated that area within the UGA, north of Limestone Rd., would be rezoned to Light Impact Industrial within the 20-year planning period. Whatcom County Comprehensive Plan Policy 2AA-12 and Foothills Subarea Plan Policy CV 1-D in chapter 12 support considering a rezone of this area to Light Impact Industrial after certain conditions are met. The rationale for the Foothills Subarea Plan policy direction includes providing jobs in the UGA, which would benefit the community as a whole. Therefore, any future rezoning to Light Impact Industrial in the UGA that meets the conditions set forth in the comprehensive plan would not constitute illegal spot zoning. 86. The subject amendments include expanding the Deming Small Town Commercial (STC) zone from 23 acres to 74 acres. This would increase the size of the STC zone by 51 acres. However, the Mount Baker School District owns approximately 75% of the property that would be rezoned to STC. School facilities are a permitted use in the STC zone but require a conditional use permit in the existing Rural one dwelling/two acre (R(2)) zone. Rezoning from R(2) to STC would streamline the permitting process for school facilities. This expansion of the Deming STC zoning district is consistent with land use Map 2.1 in the new Foothills Subarea Plan. Additionally, the STC zoning is not totally different from the zoning classification of surrounding land, as the land immediately to the east is already zoned STC. Therefore, expansion of the STC zone in Deming does not constitute illegal spot zoning. 87. The subject amendments include rezoning approximately 40 acres immediately east of the Columbia Valley UGA from Rural Forestry (RF) to Rural one dwelling/ten acres (R(10)). The existing Whatcom County Comprehensive Plan designation is Rural. This property is not designated forestry land of long-term significance (see map 20 in chapter 8 of the Whatcom County Comprehensive Plan). The primary purpose of the RF zoning district is to "implement the forestry designation of the Whatcom County Comprehensive Plan" (WCC 20.42.010). The purpose statement for the RF zoning district does not include implementing the Rural comprehensive plan designation. Rezoning from RF to R(l0) to would be consistent with and implement the existing Rural comprehensive plan designation. Therefore, the rezone would not constitute illegal spot zoning. 13 282 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 14 Transfer of Development Rights for Expanding UGAs 88. The comprehensive plan amendment criteria require transfer of development rights, with certain exceptions, if an urban growth area is being expanded. The Columbia Valley UGA was reduced in size from 1,489 acres to 1,156 acres in the 10-year UGA review in 2009 (see Ordinance 2009-071). This 2009 action reduced the size of the UGA by 333 acres or 22%. The Subarea Plan maintains the current UGA size. Therefore, transfer of development rights is not required. Whatcom County Comprehensive Plan Policy 2AA-12 89. The subject proposal includes an amendment to Whatcom County Comprehensive Plan Policy 2AA-12, which relates to light impact industrial zoning in the Columbia Valley UGA north of Limestone Rd. 90. The subject amendment would reference the more detailed policies in the Foothills Subarea Plan, while avoiding the redundancy of repeating this language in the County Comprehensive Plan. General Commercial Zoning Text Amendment 91. Whatcom County adopted General Commercial (GC) zoning in the Columbia Valley UGA in 2009 in conjunction with the 10-year UGA review. This GC zone coincides with the Planned Town Center designation in -the Foothills Subarea Plan. 92. The subject proposal includes two amendments to the General Commercial zoning district text. 93. The first amendment would prohibit single family dwellings in the General Commercial zone within the Columbia Valley UGA. 94. The second amendment would limit duplex and multi -family development to 25% of the total land area in the General Commercial zone, except that this would not apply to dwellings above ground floor commercial development. 95. The intent is to preserve land in the Planned Town Center (which is zoned General Commercial) for commercial, higher density residential and institutional uses in order to implement Foothills Subarea Plan Policy CV1-E (chapter 12). 14 283 Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 15 LAMIRD/Rural Element Recommendations 96. In 2010, the Foothills Subarea Plan Advisory Committee reviewed the Planning Commission's 2009 recommendations relating to limited areas of more intensive rural development (LAMIRDS) and rural zoning outside of the LAMIRDS. The Advisory Committee recommended the following changes to the Planning Commission's work: a. Deming - The Advisory Committee recommended maintaining their previous proposal to expand the Small Town Commercial zone west of Mitchell Rd. (see finding 86 above). b. Welcome - The Planning Commission recommended rezoning the area around Welcome from Rural one dwelling/two acres (R(2)) to Rural one dwelling/10 acres (R(10)). The Advisory Committee recommended rezoning this area to Rural one dwelling/five acres (R(5)) instead of R(10). c. Glacier - The Advisory Committee recommended adding the triangular 14- acre parcel immediately east of Mt. Baker Rim to the Rural Center LAMIRD designation. The committee did not address proposed zoning for the 14-acre parcel. PROPOSED CONCLUSIONS 1. The subject comprehensive plan amendments satisfy the approval criteria of WCC 2.160.080. 2. The subject comprehensive plan amendments conform to applicable requirements of the Growth Management Act and are consistent with county -wide planning policies. 3. Changed conditions show a need for the subject comprehensive plan amendments. These changed conditions include adoption of an ordinance relating to the 10-year UGA review, proposed amendments to the rural element of the comprehensive plan, the fact that the existing Subarea Plan from 1988 is outdated, and new information and policies developed by the Foothills Subarea Plan Advisory Committee. 4. The subject comprehensive plan amendments serve the public interest by guiding urban and rural development as envisioned in the Whatcom County Comprehensive Plan, and by conserving designated resource lands. 5. The subject amendments do not include or facilitate spot zoning. The subject zoning amendments are consistent with and implement the comprehensive plan. 15 NO Planning Commission Recommendations June 24, 2010 Foothills Subarea Plan and Related Amendments Page 16 RECOMMENDATION Based upon the above findings and conclusions, the Whatcom County Planning Commission recommends approval of: 1. Exhibit 1, the Foothills Subarea Plan (June 2010) 2. Exhibit 2, an amendment to Whatcom County Comprehensive Plan Policy 2AA-12. 3. Exhibit 3, an amendment to WCC 20.62 (the General Commercial District text). 4. Exhibit 4, zoning map amendment for the Deming area. 5. Exhibit 5, zoning map amendment for the area east of the Columbia Valley UGA The Planning Commission also recommends repealing the 1988 Foothills Subarea Plan. WIIATCOM COUNTY PLANNING COMMISSION Jean elious, Chair �ho Date --'� 401-1� Sam Ryan, Secret ry Date Commissioners present at the June 24, 2010 meeting when the vote was taken on the subject amendments: John Belisle, Rabel Burdge, Rod Erickson, Gary Honcoop, Michelle Luke, Jean Melious, Jeff Rainey, and Mary Beth Teigrob. Vote: Ayes: 6, Nays: 1, Abstain: 1, Absent: 1. Motion carried to adopt the above amendments. Note: This recommendation assumes that the rural element/LAMIRD ordinance will be adopted by the County Council prior to the Foothills Subarea Plan. 16 285 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION June 10, 2010 Regular Meeting 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Jean Melious, in the Kendall Elementary School Gym at 6:36 p.m. 3 4 Roll Call 5 Present: Jean Melious, John Belisle, John Lesow, Rabel Burdge, Rod Erickson, Gary 6 Honcoop, Michelle Luke, Jeff Rainey, Mary Beth Teigrob 7 Absent: 8 9 Staff Present: Wain Harrison, Matt Aamot, Becky Boxx 10 11 Director's Dialog 12 13 Wain Harrison gave an overview of the County -wide level of fire service town hall 14 meetings that will take place on July 14th and 15tn 15 16 Open Session for Public Comment 17 18 There was no public comment. 19 20 Commissioner Comments 21 22 Commissioner. Honcoop thanked the public for their turnout. 23 24 Commissioner Lesow stated he toured the Foothills area. 25 26 Commission Lesow stated he forwarded articles to the Commission regarding Canadian 27 residents not having to pay sales tax in Whatcom. County. Stated it would be wrong to 28 make land use decisions based on recreational shopping habits of Canadians. 29 30 Public Hearing 31 32 File #CMP2007-00007: Adoption of a new Foothills Subarea Plan and related 33 Comprehensive Plan and zoning amendments. 34 _ 35 Matt Aamot presented a power point presentation which highlighted the following: 36 37 Background Information 38 o The Foothills Subarea covers about 208 square miles. The Columbia Valley 39 Urban Growth Area (UGA) is less than one percent of the land area in the 40 UGA. 41 o The Foothills Subarea Plan Advisory Committee (FSPAC) met over 45 times 42 between March 2006 and May 2010. 43 o A Draft Plan was issued in October 2007 and revised in May 2010. 44 o In a questionnaire the top five items most important to the community are 45 rural character, water quality, environmental protection, emergency response 46 & law enforcement, recreation. 47 48 286 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION June 10, 2010 Regular Meeting 1 Population 2 o The estimated 2006 population of the Foothills Subarea was 6,722. 3 o Approximately 57 percent of the population lived in the Columbia Valley in 4 2006. 5 o The forecasted 2029 population is 8,476 for the Foothills Subarea. 6 Land Use 7 o The Mt. Baker School District owns approximately 75 percent of the property 8 in Deming. 9 o In Glacier a rural center is proposed. 10 o Proposed land use policies include: 11 ■ LU1-B Strongly discourage rezoning of Commercial Forestry zones to 12 allow more dwellings or increased intensity of use. 13 ■ LU1-G Open space preservation is deemed a very important 14 component of preserving the rural character of the Foothills Subarea, 15 and is strongly encouraged wherever possible... 16 • LU1-I To maintain rural character, open space, and wildlife habitat, 17 rezoning from R10A to R5A, rezoning from R10A to R2A, and rezoning 18 from R5A to R2A are discouraged. 19 • LU3-C Create and adopt a set of design guidelines for the small town 20 commercial zoning districts to ensure that new structures, street 21 improvements, landscaping and grading enhance the community's 22 character. 23 Housing 24 o In 2006 it was estimated that approximately 29 percent of housing, in the 25 Foothills Subarea, was for seasonal, recreation or occasional use. 26 o Prices are generally lower in the Foothills compared to other areas in the 27 County. 28 Transportation 29 o Long term proposed transportation improvements include a roundabout or 30 signal at the intersection of SR542 and SR547. 31 o Proposed signal at SR542 and SR9. 32 o Proposed transportation polices include: 33 - T1-C Preserve the scenic value of the Mount Baker Highway corridor... 34 ■ T11-B Speed limits should be thirty miles per hour to provide safe 35 multi -modal transportation in Rural Center areas. - 36 Resource Lands 37 o About 87 percent of the Foothills Subarea is designated Commercial or Rural 38 Forestry lands. 39 Columbia Valley 40 o Proposed policy CV1-E states: The Planned Town Center Designation is 41 intended to be a mixed use area consisting of commercial uses, a variety of 42 high density residential housing types, and institutional uses. It is not 43 intended to be developed solely with housing. 44 o The General Commercial Zoning Text amendment states: Single family 45 dwellings would be prohibited and duplex and multifamily development could 46 not occupy more that 25 percent of the total land area in the Columbia Valley 47 UGA General Commercial zone. 48 287 RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION June 10, 2010 Regular Meeting 1 Public Comments 2 o Concerns with public facilities and services. 3 o Traffic impacts -there will be difficulty with funding. 4 o Environmental impacts -concerns with Kendall Creek. 5 o Population projections -They have been scaled back for the UGA. 6 o Columbia Valley UGA-The size of the UGA was scaled back about 22 percent. 7 o Cluster zoning in rural areas 8 o Concurrency 9 o Rezoning adjacent to the Columbia Valley UGA 10 11 The hearing was opened to the public. 12 13 Jack Hovenier, Whatcom County: Stated there was no area for commercial or industrial 14 uses in the Columbia Valley. Wants to see a wide variety of uses in the area. Commercial 15 and industrial development is key to the plan. He supports the subarea plan. Feels it 16 supports neighborhoods and the rural character. Capital facilities planning needs to be 17 completed. 18 19 Norma Otto, Whatcom County: Served on the FSPAC. The Columbia Valley is already an 20 urban area with no amenities or services that cities have. There is no zoning that provides 21 for a sense of place. Would like to see zoning for commercial and industrial. 22 23 Jan Eskola, Whatcom County: Was on the FSAPC and one of the authors of the minority 24 report. The plan does not provide the protection the area needs in order to protect the 25 rural character. More study needs to be done on the population figures. A large population 26 will drain down the aquifer and increase the level of service for roads. Believes the 27 Columbia Valley should be a Limited Area of More Intensive Rural Development (LAMIRD). 28 In Glacier the 14 acre parcel is in the boundaries of the water district, and she would like 29 to see it included in the Glacier LAMIRD. 30 31 Larry Duncan, Whatcom County: Concerned with water quality. Industrial uses would 32 affect the water. Permeability is very high in the area which could pollute the ground 33 water. Doesn't believe industry or commercial uses would employ very many people in the 34 area and may increase traffic. _ 35 36 Ellen Baker, Whatcom County: Wants the plan rejected. The 1999 subarea plan did not 37 include Deming. The new information on Deming is skewed. The Foothills is a lot more 38 than the UGA. The rural character will be lost if the plan is adopted. 39 40 Bill Vaught, Whatcom County: Has concerns with traffic. Doesn't think a lot of the 41 information from the Tilghman Group study was used. The roads are not safe for 42 increased population. 43 44 Amy Mower, Whatcom County: Was on the FSPAC and one of the authors of the minority 45 report. The draft plan still does not address the fact that population projections are too 46 high; there are issues with the UGA, which were addressed in the minority report, that 47 still remain; cluster zoning is permitted in the rural area; concurrency requirements are 48 not included; rural character is not protected; the environment is not protected;288 RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION June 10, 2010 Regular Meeting 1 transportation policies only addresses intersection delays in the Foothills; transportation 2 policies do not address the limits of the narrow county roads; some capital facility issues 3 were not addressed. Recommends sending the plan back for more work. 4 5 Max Duncan, Whatcom County: Supports the minority report. Can't expect help from the 6 State to mitigate some of the traffic needs. The fire district is having trouble meeting the 7 current service needs. The tax payers are going to have to pay for the additional items 8 called for in the plan. Addressed the permeable soils in the area. 9 10 Lou Piotrowski, Whatcom County: Was a member of the FSPAC. Supports 14 acres of 11 commercial property being included in the Glacier LAMIRD. Manufacturing is continuing in 12 Glacier. The Mt. Baker corridor plan needs to be updated. The subarea plan provides for 13 the things that need to happen in order to improve all the communities. 14 15 Rob Staveland, Whatcom County: Inquired of staff details of zoning, including. multi- 16 family. New development would generate a large amount of taxes to support the area. 17 18 Jack Petree, Whatcom County: Compared the comprehensive planning in the Foothills to 19 the comprehensive planning in Birch Bay. The Foothills plan points to all the things wrong 20 in the area. There is no land zoned for industrial jobs in the area which there needs to be. 21 22 Kevin Fairshon, Whatcom County: Concerned with developing industry in the area 23 because of potential groundwater contamination. There is a need for job development and 24 a level of services for the Columbia Valley so supports commercial development in that 25 area. 26 27 Cynthia Purdy, Whatcom County: Was. on the FSPAC and one of the authors of the 28 minority report. Doesn't think industrial development in the area will supply jobs for all 29 the people there. The area was originally meant for recreational use not a large 30 permanent population or city. 31 32 Heather Wolf, Whatcom County: Representing property owners in the area. The Columbia 33 Valley UGA status has been determined so it should not be a topic of the hearing. There 34 are no requirements as to what a subarea plan needs to contain, it only sets forth goals 35 and policies of the community. Would like the plan to address the urban nature of the 36 UGA. Policies should be included to promote job growth and a more diverse economy. 37 Provisions should be made for future mixed use zoning. Capital facilities planning needs to 38 occur. There is 40 acres to the east of the UGA that her client would like rezoned to RSA. 39 Her clients support the plan. 40 41 Rebecca Boonstra, Whatcom County: Supports the plan. The 14 acres in Glacier should 42 have commercial development on it. Supports industrial zoning in the area which would 43 lead to more jobs for the population in the area. This is an urban area and should be 44 planned for as such. 45 46 Shorty Bjornstad, Whatcom County: Would like to see commercial and light industrial 47 development in the area that supports the needs of the population. 48 289 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 RECORD OF PROCEEDINGS OF THE 5 WHATCOM COUNTY PLANNING COMMISSION June 10, 2010 Regular Meeting Phil Cloward, Whatcom County: Was on the FSPAC. Stated there used to be a large amount of logging trucks traveling down the Mt. Baker Highway. This is an urban area and needs urban services and industrial land. The light industrial area could utilize the areas most valuable resource, which is trees. He supports the plan. The hearing was closed to the public. The commission directed staff to research the following issues for discussion at their next meeting: • Siting of industrial land and uses. • Permeability of soils. • Review of population figures From 2006. • Status of the East County Regional Resource Center. • Areas available for small businesses and ways to attract them. LAMIRD issues in Glacier. • Deming small town commercial rezoning. What was the criteria for siting the possible industrial area on Limestone Road. The meeting was adjourned at 9:55 p.m. Minutes prepared by B. Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: J.E. ' Sam" Ryan Secretary 290 RECORD OF PROCEEDINGS OF THE 1 WHATCOM COUNTY PLANNING COMMISSION June 24, 2010 Regular Meeting 1 Call To Order: The meeting was called to order, by Whatcom County Planning 2 Commission Chair, Jean Melious, in the Northwest Annex Conference Room at 6:36 p.m. 3 4 Roll Call 5 Present: Jean Melious, John Belisle, Rabel Burdge, Rod Erickson, Gary Honcoop, Michelle 6 Luke, Jeff Rainey, Mary Beth Teigrob 7 Absent: John Lesow 8 9 Staff Present: Wain Harrison, Matt Aamot, Becky Boxx 10 11 Director's Dialog 12 13 There was no Director's Dialog. 14 15 Open Session for Public Comment 16 17 There was no public comment. 18 19 Commissioner Comments 20 21 Commissioner Burdge commented on the illegal baseball fields in Blaine, stating the 22 owners are blatantly ignoring the law and the effect the ball fields have on the people that 23 live in the area. 24 25 Approval of Minutes 26 27 May 27, 2010: Luke moved to approve as written. Erickson seconded. The motion carried. 28 29 June 10, 2010: Luke moved to approve as written. Teigrob seconded. The motion carried. 30 31 Work Session 32 33 File #CMP2007-00007: Adoption of a new Foothills Subarea Plan and related 34 Comprehensive Plan and zoning amendments and repeal of the 1988 Foothills Subarea 35 Plan. 36 37 Matt Aamot reviewed items the commission directed staff to research at the previous 38 meeting. 39 40 • Siting of industrial land and uses in the Columbia Valley. 41 o The draft plan (Foothills Subarea Plan) contains approximately 40 acres planned for 42 Light Impact Industrial (LII), north of Limestone Road. It is currently zoned Rural 43 Forestry (RF). To the east and west is property that could potentially be zoned for 44 LII. 45 o The proposed LII area is within the Evergreen Water and Sewer District #19. They 46 currently do not provide sewer service. They have water lines immediately to the 47 south of the area. 48 291 RECORD OF PROCEEDINGS OF THE 2 WHATCOM COUNTY PLANNING COMMISSION June 24, 2010 ular Meeti 1 Permeability of soils in the Columbia Valley. 2 o The County Geologist did confirm the aquifer north of Limestone Road is highly 3 permeable. 4 o There are five wellhead protection areas in the Columbia Valley. One of the 5 protection areas does extend into the proposed LII area. 6 o The State Department of Ecology (DOE) urges caution in regards to industrial uses 7 in the proposed area. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 • Review of population figures. o The 2006 estimated population of the Foothills area was 6,722. o The 2029 projected population is 8,476. o Over the last 10 years there have been approximately 60 single family building permits issued in the Foothills Subarea each year, on average. • Status of the East County Regional Resource Center. o The center will be located in the General Commercial (GC) zone in the Columbia Valley. o Construction is proposed to begin in the fall of 2010. • Areas available for small businesses and ways to attract them. o The plan provides commercial zoning in Deming, Welcome, Kendall, Maple Falls, Glacier and the Columbia Valley. o With the exception of the Columbia Valley, the commercial zones are in Rural areas and future expansion is constrained by LAMIRD criteria. • LAMIRD issues in Glacier. o The commission had inquired if adding the 14 acre parcel, east of Mt. Baker Rim, into the Rural center, complies with the LAMIRD criteria. Staff indicated in a memo that such undeveloped land would not normally be allowed in a LMIRD, but that there may be an argument to include this land because the lot is bounded by federal lands. The Foothills Committee recommended it be included in the plan. o A portion of the area is a potential alluvial fan hazard area. • Deming small town commercial rezoning. o The Mt. Baker School District supports the rezone from Rural one dwelling per two acres (R2) to Small Town Commercial (STC). o The rezone would not lead to sprawling low density uses in the rural area. Staff recommendation includes adoption of: ■ The proposed findings fact and reasons for action ■ Adoption of the plan ■ Exhibit 2, an amendment to Whatcom county Comprehensive Plan Policy 2AA-12 ■ Exhibit 3, an amendment to WCC 20.62 (General Commercial District) ■ Exhibit 4, zoning map amendment for the Deming area ■ Exhibit 5, zoning map amendment for the area east of the Columbia Valley UGA 292 RECORD OF PROCEEDINGS OF THE 3 WHATCOM COUNTY PLANNING COMMISSION June 24, 2010 Regular Meeting 1 Commission discussion: 2 3 • Siting of industrial land and uses. 4 5 Matt indicated that a State Department of Health letter, dated May 12, 2010, stated the 6 current water system can support 236 additional residential connections at this time, 7 while it appears that there are about 256 residential lots that do not yet contain a 8 permitted structure (206 vacant metered lots + 50 opt -out lots). 9 10 Richard Banel, Evergreen Water and Sewer District Commissioner, stated the district does 11 have the capacity to serve a potential industrial area. 12 13 The commission inquired if the industrial area could be located elsewhere. Staff stated the 14 Foothills Subarea Plan Advisory Committee (FSPAC) examined that issue did not identify 15 any other appropriate areas. Richard Banel, a member of the committee, stated the other 16 areas they examined were mostly built out and would have detrimental impacts because 17 of truck traffic traveling through residential areas. 18 19 Review of population figures. 20 21 The enrollment of the Mt. Baker School District has been declining over the past several 22 years, for a variety of reasons. 23 24 Honcoop moved to accept the staff recommendation for approval of: 25 Exhibit 1, the Foothills Subarea Plan (May 2010) 26 Exhibit 2, an amendment to Whatcom County Comprehensive Plan Policy 2AA-12. 27 Exhibit 3, an amendment to WCC 20.62 (the General Commercial District text). 28 Exhibit 4, zoning map amendment for the Deming area. 29 Exhibit 5, zoning map amendment for the area east of the Columbia Valley UGA 30 31 With the following amendments to the plan: 32 33 U1-D: Encourage and facilitate completion of capital facilities planning by special districts, 34 which serve the UGA, by 2012. 35 36 U1E: Encourage capital facilities plans to reflect existing levels of service throughout the 37 UGA. 38 39 Luke seconded the motion. 40 41 Belisle proposed a friendly amendment to not change the zoning in Deming, near 42 the Mt. Baker School property, from R2 to Small Town Commercial. 43 44 Honcoop did not accept the amendment. 45 46 Roll Call Vote: Ayes — Burdge, Erickson, Honcoop, Luke, Rainey, Teigrob; Nays — 47 Belisle; Abstain — Melious; Absent — Lesow. The motion carried. 48 293 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 RECORD OF PROCEEDINGS OF THE 4 WHATCOM COUNTY PLANNING COMMISSION June 24, 2010 Regular Meeting The meeting was adjourned at 8:53 p.m. Minutes prepared by B. Boxx. WHATCOM COUNTY PLANNING COMMISSION ATTEST: Jean Melious, Chair J.E. "Sam" Ryan, Secretary 294 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-353 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Council Committee Originator: Wendy Wefer-Clinton ��y�� 9128110 10112110 of the Whole 1�" � �J (Executive Session) Head Division 9128110 v Karen S. Goens 0 , s 5 2010 ��2� Dept. Head: 1 6 HIAN, V1 COUNTY Prosecutor: COUNCIL Purchasing/Budget: Executive: TITLE OF DO ENT.• ATTACHMENTS: SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY 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.) Strategy planning discussion and positions to be taken regarding collective bargaining. (per RCW 42.30.140(4)(a)) 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. 295 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Whatcom County Council Special Surface Water Work Session September 21, 2010 Council Chair Sam Crawford called the meeting to order at 10:33 a.m. in the Whatcom County Civic Center Garden Room, Second Floor Meeting Room, 322 N. Commercial, Bellingham, Washington. Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken Mann, L. Ward Nelson and Carl Weimer Absent: None SURFACE WATER WORK SESSION (AB2010-024) Sue Blake, Cooperative Extension, discussed Water Week and introduced the water week mascot. 1. WATER RESOURCE PROGRAMS FINAL BUDGET REVIEW Jon Hutchings, Public Works Department, submitted handouts (on file) of the Water Resource Program database, the flood control zone district fund, and stormwater fund. He read from a presentation (on file). The fund balance has declined since 2001. The administration has taken steps to arrest that decline. There is a $5 million fund balance required to respond to major flood events. They've talked about a resolution to establish that necessary reserve. Talk about how to protect the remainder. They want to provide a balanced budget consistent with Council priorities. Staff will provide a consistent way of viewing the public benefit of various requested investments. The Council will establish those priorities. The 2011-2012 budget will focus on implementation. They have developed a proposed level of service consistent with the level of service (LOS) of 2009-2010, as the Council directed. The picture looks better than it did in May, due to projected changes in real estate excise tax (REET) money and grant money. He described the changes, as shown in the presentation. The natural resources program has less money in it than in 2009-2010. Money has been reallocated to higher priorities. As they are required to spend more money on stormwater, they speed less money on the flood program. The Flood Control Zone District Advisory Committee (FCZDAC) considered the budget proposal. Nelson asked the differences between stormwater and flood in terms of the budget. Hutchings stated that if the environment is urban, it's about stormwater. If the flood is associated with river, it's part of the flood program. The road program first responds to low land flooding. There is a lot of connection between programs. Nelson asked why the two are separate. Paula Cooper, Public Works Department, stated the River and Flood Division addresses flooding problems from flood water coming down the Nooksack River. The Stormwater Division responds to regulatory requirements for urbanized areas. Surface Water Work Session, 9/21/2010, Page 1 296 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Kirk Christensen, Public Works Department, stated the stormwater program is about quality, and the flood program is about quantity. Nelson stated the public will have misconceptions about the difference between stormwater and flood. Cooper stated they can put together information explaining the difference. Hutchings stated the stormwater program is new and driven around water quality issues and regulations. Some actions to manage water quality have water quantity benefits as well, which result in the urban work on urban stormwater, as opposed to the original intent of the Flood District to control the impacts of river flooding. The Advisory Committee understands and appreciates the work of both programs, but is not settled with the default mechanism in place. The question is whether the Advisory Committee fully supports the status quo or prefers to take a different look at other financing options that may be available. The Advisory Committee was unable to forward a clear motion. He read the motions from the Advisory Committee. Their motion recognizes that there needs to be much more discussion about how to fund water resource programs countywide. They prefer to have that discussion when the time is right. Brenner stated she's received many complaints about money in the flood fund not going to flood issues. That's difficult. There needs to be more separation. The ballot measure had some wiggle room, but there must be direct association with flooding issues. Hutchings stated that is a policy question. The Council can begin that discussion. Christensen stated a lot of the flood money comes from the City, an urbanized area that has no flooding. It does make some sense to spend money on stormwater. Brenner stated flooding happens in all the cities. They acknowledged that. However, some things have nothing to do with flooding. People voted for the flood funding because people wanted to deal with emergencies and then other things if money is left over. Those other issues should come from different funding. Nelson stated they are starting to have projects that are in the gray area. They must evaluate that, and have a clear definition of the two. The public perception of programs is simpler than the use of the funds. They want to continue having the public support of all programs. To have that public support, the County must be clear about what it's asking for. Be clear to the public about what they're talking about when talking about flooding, stormwater, water quality, and other things. They don't have that clarity now. Hutchings stated the law is clear on the breadth of expenditures that can be made from the Flood Control Zone District. Everything on the database is allowed by law. A question is whether those things are Council policy. Knutzen asked how many projects on the list can be done with the Army Corps of Engineers. He asked if there is resolution to the Corps vegetation issues with the County dikes. Hutchings stated the Corps has areas for which it offers federal support. Staff tries to leverage that money when possible. Projects like Canyon Creek aren't in that class of projects. Surface Water Work Session, 9/21/2010, Page 2 297 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 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. Cooper stated they have to pick the right program for the right project. Much of the Corps money comes for repair after a flood. She hasn't heard from her Corps contact about the status of the levee vegetation issue. There is a lot of conflict about the issue at the federal level, because that policy is in direct conflict with National Oceanic and Atmospheric Administration (NOAA), which wants the vegetation to remain to protect habitat. Brenner stated the levee could break and destroy habitat. Hutchings referenced the database handout. Nelson asked if the database includes costs for each project. Roland Middleton, Public Works Department, stated the database only includes planning costs. They haven't done a lot of work on the projects beyond that. Cooper stated that once a project has a budget, they refine the budget costs. Hutchings stated that as projects come up in priority and enter the budget process, they refine those numbers to bring to the Council for a recommendation. Each investment on the database has a source from which the project originated. The database shows how staff are allocated. The database also shows under which program area the investment is being worked on. He referenced the budget handouts. The database document is the most useful for determining whether they are working on the Council priorities. One question from Councilmember Nelson is how they align items from the database and map them into a budget. It's not a one-to-one relationship. One investment may have three or four related expenditures on the budget. One project could appear in multiple areas and cost centers in the budget. The opposite is also true. One line item in the budget could address several priorities from the database. Weimer asked about project three, which isn't happening because of loss of staff due to attrition. The Council asked to strategically review which staff positions should be filled, but the Executive seems to have given the administration orders to take attrition as it occurs and factor it into the budget. If it wants, the Council can review any of the projects that aren't moving forward due to staff limits. Hutchings stated it could. Weimer stated it seems like the unfilled geologist full-time equivalent (FTE) position is holding up a number of projects. Cooper stated the focus is on implementing plans such as the lower Nooksack plan, which is adopted. Brenner stated fill some of the positions that the Public Works Department staff would consider most critical. Weimer stated discuss how to fill the strategic positions that have been lost due to attrition. Hutchings stated discuss that in the context of balancing the budget. Crawford stated there is a 115-employee reduction being proposed. Through the budget process, they will also have to look at how to find the money for any staff position they want to fill. Surface Water Work Session, 9/21/2010, Page 3 298 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Nelson stated there is no money allocated for critical areas implementation. Hutchings stated it's not necessarily being done by the Public Works water resources staff. Nelson stated that creates more confusion. Middleton stated the database includes projects, programs, and plans from all departments to see the entire County prioritization. The staff talked about just showing Flood Control Zone District projects for this discussion, but decided to show all programs from all departments. It shows the relative benefit between other projects and those projects mandated by State law. Nelson stated he only wants to see what is or isn't in the flood program, not things that have to do with other departments. Nelson asked if they can do a better job of completing the items already in progress if they tighten up the list. Hutchings stated they could. There are some projects at the end of the list that they accomplish because they have to do them. There are some things to do because they were important to someone years ago, and a substantial amount of money is invested already, so it makes more sense to finish the job rather than refocus on higher priorities. Over time, they should see fewer in -progress projects at the bottom of the list, and more in -progress projects at the top of the priority list. Christensen described the line items in the stormwater fund handout, including projects in Silver Beach, that will be funded in 2011 and 2012. Brenner asked if they can set up different standards, such as with street sweeping, between the Lake Whatcom watershed and other parts of the county. She asked if they've ever set those standards. Christensen stated they have different standards set up for the phase II areas and other areas in the county. Hutchings stated there are different, more stringent standards for activities in the watershed. Brenner sated she would like to see the street sweeping schedule for the watershed. She asked why they have contractors for street sweeping when they bought a street sweeper. Hutchings stated that sweeper was for something different. Christensen continued to explain the stormwater program budget. Hutchings stated the repair and maintenance line items will continue to rise as they complete projects that have to be maintained. Dewey Desler, Deputy Administrator, stated that comes with the territory as the County becomes more urbanized. Brenner stated there are landscaping methods that don't need to be replaced all the time. Crawford asked what happens with the money designated for maintenance of Lahti Drive. Christensen described stormwater maintenance activities. Surface Water Work Session, 9/21/2010, Page 4 299 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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. Nelson asked if they will have an ability to start getting those areas into the city limits, and if this maintenance will have to transfer to the City. Desler stated it will. Hutchings stated the City will reimburse the County based on a certain percentage. Nelson stated they must be careful of where they put additional urban developments, which will have future maintenance costs. Hutchings stated the annual expenditures for stormwater is a little over $2 million for 2011 and 2012. That includes grants and REET money. The contribution from the flood district remains the same as in 2009 and 2010. He described the line items for the natural resources section of the Flood Control Zone District fund. Brenner stated use volunteers to perform education to save money. Cooper described the remaining line items in the flood control zone district fund handout. Hutchings stated they need to watch the public expectation associated with creeks that are filling in. The County isn't in the business of clearing creeks that run through private property. The expectation is out there. The department regularly gets phone calls from the public who can no longer maintain their creeks due to State and federal regulations. This is the budget that they will officially submit to the Council. Brenner stated the Council would like to review all the frozen vacant positions, to see which should be filled. ADJOURN The meeting adjourned at 12:35 p.m. Jill Nixon, Minutes Transcription The Council approved these minutes on , 2010. ATTEST: Dana Brown -Davis, Council Clerk WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair Surface Water Work Session, 9/21/2010, Page 5 300 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-289 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Wain Harrison % R l� Ij� IE � � vn D 7/27/10 Introduction Division Head: J.E. Ryan C�� n / (/ 8/ 10/ 10 Hearing Dept. Head: Dnvid Qm7G.y.. 7 / 9/14/2010 P & D Committee 2 0 2010 @ i�� H 77 c 0 M COUNTY Prosecutor: Royce Buckingham VJUL 7 la L�o 9/28/2010 Revised version Int-roduction Purchasing/Budget: Brad Bennett COUNCIL 10/12/2010 Hearing Executive: Pete Kremen 17ivf) TITLE OF DOCUMENT. Ordinance to adopt the 2009 editions of the International Codes, and the 2009 Uniform Plumbing Code, consistent with State law and including WA State and Whatcom County Amendments to the Codes. ATTACHMENTS: Cover sheet, Ordinance and signature page SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An ordinance to update and revise WCC Chapter 15 and adopt the 2009 editions of the International Codes published by the International Code Council, the Uniform Plumbing Code, consistent with Washington State law, also including the Washington State and Whatcom County Amendments to the 2009 International Codes. In accordance with Washington State law, the adopted codes are to be effective July 1, 2010. This ordinance adopts the 2009 editions of the IBC, IRC, IFC, IMC, IFGC, UPC, referenced standards, all Washington State Amendments to the adopted codes and all Whatcom County Amendments to the adopted codes for administration, appendices and enforcement, as set forth in WCC Chapter 15. COMMITTEE ACTION: COUNCIL ACTION.• 9/14/2010: Amended. 7/27/2010: Introduced 8/10/2010: Referred to Planning & Development Committee on 9/14/2010 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.waus1counciL C:\DOCUME—I\mstiles\LOCALS—I\Temp\XPgrpwise\09 I -Code agenda_bill.doc 301 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive, Bellingham, WA 98226-9097 z� 360-676-6907, TTY 800-833-6384 'sN�►,6�° 360-738-2525 Fax MEMORANDUM Date: June 30, 2010 J.E. "Sam" Ryan Interim Director RECEIVED JUL 0 9 2010 PETS KREMEN COUNTY EXECUTIVE To: The Whatcom County Council �m Through: J.E. "Sam" Ryan, Interim Director / Building Official From: Wain Harrison, Supervisor Long Range / Building Services Subject: Ordinance to revise and update WCC Chapter 15 Introduction and Background: This ordinance proposal revises Whatcom County Code (WCC) Chapter 15 to adopt the 2009 editions of the International Codes published by the International Code Council (ICC). The International Codes are revised and updated on a three-year cycle. Once published in the early part of a code cycle year, the State Building Code Council (SBCC) takes the remainder of the year to review the codes and make amendment recommendations. These amendments also include additional code from the State, such as the Washington State Energy Code and Handicap Accessibility Code. Finally, the codes and amendment recommendations are submitted to the State Legislature in -the first session of the immediate following year (in this case 2010) for review and adoption. There is one exception to the adoption of the International Codes. Washington State has not adopted the International Plumbing Code or the plumbing sections of the International Residential Code (IRC). It has instead adopted the Uniform Plumbing Code (UPC) published by the International Association of Plumbing and Mechanical Officials (IAPMO) and it has continued this trend in the current code update cycle. The UPC is also updated on a concurrent three-year cycle. ICC and IAPMO allow and encourage local jurisdictions to amend and modify the administrative chapters of the various code editions according to their own needs. This ordinance proposal for the revision of WCC Chapter 15 includes the 302 amendments and modifications recommended by Planning & Development Services. Some highlights are discussed in this memo. Section 15.04.015, Department of Building Safety The amended portions of IBC Section 103 include some updated language from the new code and revisions to provide clear designation of the Building Official and division of authority according to PDS organizational guidelines. Section 15.04.020, Subsection A: Subsection A, #1 a, includes language requiring pre-screening for commercial projects. Small, simple projects may have this requirement waived. Project screening prior to application results in either a waiver, which includes a checklist for submittal requirements, or a pre -application meeting, which includes a project pre -review and open -exchange meeting between staff, the applicants and their consultants. PDS has been using waivers and pre -application meetings with a high and consistent degree of success for multiple decades, but there has been no formalized language for this policy until this ordinance proposal. Subsection A, #1 b (also added to Section 15.04.030, Item A), includes language that PDS may require a recorded covenant or agreement which notices property owners of project restrictions or approval conditions. PDS has been utilizing this option successfully for multiple decades, but there has been no formalized language for this option until this ordinance proposal. Subsection A, #1 c, requires a coordinated master site plan. This technique has proven effective in eliminating multiple site plan discrepancies. Site plan discrepancies discovered late in a project, after the permit has been issued, are typically responsible for unnecessary conflicts, project completion delays and potential unanticipated additional project costs for applicants. Subsection A, #5, formalizes the County's refund policy for building permits. The language in the policy is almost verbatim to the traditional language from the formerly adopted Uniform Codes and taken verbatim from the current edition of the IMC. This is the policy historically utilized by the Building Services Division. With this submittal staff is proposing to move this from policy to ordinance via WCC Chapter 15. 15.04.020, Subsection B, Appendix J, Grading: Subsection B, #3, includes language that has been added to be consistent with the State requirements for archeological review. 2 303 Subsection B, #6, includes language amending minimum submittal requirements for geotechnical reports when such reports are required. Subsection B, #7, includes a cross reference for surface mining reclamation standards as part of a surface mining report. 15.04.030, Subsection A, Section R105.1 This amended section adds the same language regarding recorded covenant or agreement for notice to property owners as described in 15.04.020, Subsection A, #1 b, above. 15.04.030, Subsection F, Appendix R and Appendix S, Fire Sprinklers This section amends IRC Appendix S to remain substantially similar to the requirements in the previous 2006 edition of the IFC regarding fire protection requirements for one- and two- family residential structures. The threshold to install an automatic sprinkler system is set at 4000 square feet of gross floor area when adequate fire flow is unavailable. Gross floor area includes living area and area of attached garage. Language has been added from the Fire Marshal to include the fire protection requirements for townhouses and adult family homes and references Appendix R of the IRC for sprinkler system installation standards and requirements. 15.04.040, Subsection A, IFC Subsection A, #1, includes language regarding inspection of adult family homes, family child day care homes, and adult and child care facilities consistent with Washington State amendments and licensing requirements. Subsection A, #9, includes language which simply suggests (not requires) minimum road width and height clearance standards for one- and two-family residential lots where the IFC has no specific requirements. The suggested standards are preferred minimums recommended by the County fire districts. Summary: Remaining sections of Chapter 15 are unchanged or have minor amendments for clarity or to be consistent with new code language or department policy. 304 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 SPONSORED BY: PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. An Ordinance adopting the Current State Building Code and Repealing the Existing Title 15 of the Whatcom County Code Whereas, the Whatcom County Council held a public hearing on , 2010 to review staff findings and recommendations, and to consider any public testimony and written correspondence regarding Whatcom County Code Title 15, Buildings and Construction; and Whereas, chapter 19.27 RCW requires Whatcom County to administer and enforce the State Building Code in the unincorporated areas within its boundaries; and Whereas, the purpose of these codes is to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public by the provision of building codes in Whatcom County; and Whereas, RCW 19.27.040 allows local jurisdictions to adopt appropriate amendments to the State Building Code; and Whereas, modifications and/or amendments to the State Building Code as it applies to Whatcom County are desirable for various reasons; and Whereas, the State Building Code Council requires adoption of the 2009 edition of these International Codes; the 2009 edition of the Uniform Plumbing Code; the 2009 edition of the State of Washington Energy Codes; and the 2009 editions of the State of Washington Amendments and other referenced codes, with further Whatcom County amendments, by July 1, 2010; NOW, THEREFORE, BE IT HEREBY ORDAINED that: Section 1. Title 15 of the Whatcom County Code is repealed in its entirety: Section 2. A new Title 15 is hereby adopted as shown in Exhibit A to this Ordinance. Section 3. 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 Page 1 305 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 thereof other than the part so declared to be invalid. ADOPTED this day of , 2010_. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHI.NGTON Dana Brown -Davis, Clerk of the Council APPROVED AS�TO�O . j Civil Deputy Prosecutor Page 2 Sam Crawford, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Pete Kremen, County Executive ( ) Approved ( ) Denied Date Signed: EXHIBIT A Chapter 15.04 BUILDING CODES Sections: 15.04.010 Adoption of referenced codes. 15.04.015 Department of Building Safety 15.04.020 Amendments to the International Building Code. 15.04.030 Amendments to the International Residential Code. 15.04.040 Amendments to -the International Fire Code. 15.04.050 Permit expirations and violations of the above referenced codes. 15.04.010 Adoption of referenced codes. Whatcom County hereby adopts the following codes, as amended by the Washington State Building Code Council pursuant to RCW 19.27.074 and Chapter 51-50 WAC or successor, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including permits and penalties. A. The 20096 International Building Code, including Appendix B, except as am meRdedamended per Ordinance #2007-024, Board of Appeals, and including Appendices Chad E and J, as published by the International Code Council, hereinafter referred to as the IBC, as modified by Chapter 51-50 WAC or successor, and as amended in WCC 15.04.015, 15.04.020 and 15.04.050 is hereby adopted by reference. B. The 20096 International Residential Code, including Appendix E G1 and-dK, R and S as published by the International Code Council, hereinafter referred to as the IRC, and as modified by Chapter 51- 51 WAC or successor and as amended in WCC 15.04.030 and in 15.04.050, is hereby adopted by reference with the following additions, deletions and exceptions: Provided that chapters 11 and 25-432 of this code are not adopted. C. The 20096 International Fire Code, including Appendices A, B, C, and D and latest supplements, as published by the International Code Council, hereinafter referred to as the IFC, as modified by Chapter 51-54 WAC or successor, --and as amended in WCC 15.04.040 and 15.04.050. D. The 20096 International Mechanical Code, including Appendix A, as published by the International Code Council, hereinafter referred to as the IMC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. 1 307 E. The 2009 International Fuel Gas Code, as published by the International Code Council, hereinafter referred to as the IFGC, as modified by Chapter 51-52 WAC and as amended by WCC 15.04.050 or successor. F_The standards for liquefied petroleum gas installations shall be the 20084 edition of NFPA 58 (Liquefied Petroleum Gas Code) and the 20096 edition of ANSI Z223.1/NFPA 54 (National Fuel Gas Code), adopted by reference in WAC 51-52 and as amended by WCC 15.04.050 or successor. G. Except as provided in RCW 19.27.170, the 20069 Uniform Plumbing Code, and Uniform Plumbing Code Standards (IAPMO/ANSI UPC 1-20069), and including Appendix B, I and L, as published by the International Association of Plumbing and Mechanical Officials, hereinafter referred to as the UPC, as modified by WAC 51-56 and 51-57 and as amended by WCC 15.04.050 or successor. G-.H. The rules adopted by the Washington State Building Code Council establishing standards for making buildings and facilities accessible and usable by the physically disabled or elderly persons as provided in Chapter 51-50 WAC, IBC Chapters 10 and 11, IBC Appendix E and ICC/ANSI A117.1 2003 or successor. #.I_The 200% Washington State Energy Code, adopted by reference in WAC 51-11 or successor,- , hereinafter referred to as the WSEC _Code, adopted by FeferenGe in VVAG 51-13 or suGGesser, herein FefeFFed te as the VI ,_promulgated by the State Building Code Council. �-J. The Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, or successor. (Ord. 2004-064 § 2). K. Design data for Whatcom County shall be per Section 15.04.030, Subsection D, item #1 15.04.015 Department of Building Safety Section 103 is amended as follows: 103.1 Creation of enforcement agency. The Department of Building Safety is hereby created and the official in charge thereof shall be known as the Building Official. The Department of Buildinq Safety is hereby referred to as the Building Services Division of the Whatcom County Planning and Development Services Department WCPDS . 2 M: 103.2 Appointment. The Assistant Director is appointed by the Director of WCPDS as the Building Official. In the event of new or temporary departmental or organizational circumstances, the Director may appoint an alternate designee at his/her discretion. 103.3 Deputies. In accordance with the prescribed procedures of this jurisdiction and with the concurrence of the appointing authority, the Building Official shall have the authority to appoint a deputy building official, the related technical officers, inspectors, plans examiners and other employees. Such employees shall have powers as delegated by the Building Official. 15.04.020 Amendments to the International Building Code. A. The IBC is amended as follows: 1. Section 105.1, Required, is amended to include the following: a. Commercial project proposals require pre-screening for a waiver (from pre -application meeting) or a pre -application meeting prior to permit application submittal. Pre-screening may be waived at the discretion of the Building Official for minor projects such as simple signs, single unit small equipment foundations, and projects of similar minor scale and impact. Information and document submittals for the purposes of waiver or pre -application are not intended to meet the standard for a complete permit application and do not constitute project vesting. However, information, requirements and conditions received by the applicant(s) and/or their agents or consultants for a given project 309 proposal, as part of the waiver or pre -application process, will be considered vested, regardless of change of adopted codes or regulations, if a complete permit application is received within 30 consecutive days from the date of waiver or pre -application meeting. Such information, requirements and conditions are not intended or represented as a complete or comprehensive list of project requirements. Significant changes in the scope of a project proposal may require additional screening for another waiver or pre - application meeting. b. Whatcom County (the County) may require that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The County may draft the covenant or agreement upon whatever terms the County in its discretion deems proper. c. A coordinated master site plan (MSP), demonstrating consistency in the layout of the project proposal with all applicable regulatory requirements, is required to be submitted by the applicant and/or project design professional in substantial charge prior to permit issuance. In general, a coordinated MSP will be required for projects exceeding a construction value of $200,000.00, but may be required for any project the Building Official deems necessary. County staff will review the site plan(s) in the application file for regulatory conflicts and discrepancies prior to plan check. County staff will notify the applicant and/or design professional of identified conflicts or discrepancies to be reconciled. The master site plan may be one page which incorporates all applicable regulatory review overlays when practical. It may also include multiple overlay pages for readability purposes provided they have been verified by County staff for regulatory consistency. Once the coordinated MSP has been reviewed and approved, application review processing will continue. a. Despite aRy ordiRaR s to the Con+ranie a sta+e owns of operates, may obtain permits ac r��ni iire� hV the crrTrrro—ct�—r State € lfs r+eptal -eli-, AGt GTe6kust��„ shWeliRes substantial deveon ent permit and not looated in a 310 der.7ign-atc ��i eed Zene� by folleii;g the Feq ,iitements Of this b. Industrial plants performing work eR PFemises it owns or operates may obtain permits, 1 by the FneGhaniGal not exr.ee-ding $2n , n9- 00, and not requiring plans and spe6Tf tiens, n ald that the inri,,st ' lu ants sd. A state licensed contractor may obtain a permit, as required by the mechanical and plumbing codes, through mail -in applications for work not exceeding $10,000 valuation and not requiring plans and specifications and not in conflict with state or local zoning and environmental policies and with the prior approval of the building official. de.- -rhe applicant shall fill out in full the forms furnished for that purpose, and attach thereto the full amount of moneys that are required for fees as required in the respective codes. The application shall contain all information necessary to the lawful enforcement of the provisions of the respective codes. The applicant shall file all forms with fees. ef.- No person, firm, partnership, corporation or other entity e;-iedu,str-iat-plant-shall perform work as provided herein until such time as they receive verification of approval of their application by the county building official and have been given written notice of a valid permitsame. fg. Any violation of this chapter shall be cause for the building official to revoke the mail -in applications privilege of the violator. Upon written notice of revocation, all provisions of the mechanical and plumbing codes superseded by this chapter shall resume in full force and effect as to the person or industrial plant whose application has been revoked. 2. Section 105.2, Work exempt from permit, is amended to read as follows: a. One-story detached, non -occupied accessory stFUstUres Wthoutstructures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) Qhe floor area does not exceed 120 square: feet. 11 s . ml 2.) aA_ccessory structures maintain a minimum separation of 106 j(tensixl) feet [3048 mml between exterior walls, and 5 311 a minimum separation of 84 (Le — iht#eld� feet f2438 mml between eaves of adjacent ngs on the same property and 3.) $Provided that accessory structures meet all applicable setback requirements. b. Fences not over 6 feet (1829 mm) high. c. Oil derricks. d. Retaining walls thatw#ic# are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting surcharge or impounding Class I, II, or III -A liquids. e. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18,925 Q. And the ratio of height to diameter or width does not exceed 2 to 1. f. Sidewalks and driveways not more than 30 inches 762 mm) above grade and not over any basement or story below and -Whit a -are not part of an accessible route. g. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. h. Temporary motion picture, television and theater stage sets and scenery. i. Prefabricated swimming pools— _installed entirely above- ground, accessory to a Group R-3. j. Shade cloth structures constructed for nursery or agricultural purposes and not including service systems. k. Swings and other playground equipment. I. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of group R-3 or Group U occupancies, as applicable in Section 101.2-,-and m. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. n. Bridges, box culverts and similar passageway structures built over depresions or obstacles, herein after referred to as bridges, are structures and therefore not exempt per IBC Section 105.2, except as interpreted and quantified in Building Services Division Code Interpretation #2002-05. M 312 Bridges shall be designed and constructed per the current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls. Bridges constructed as a requirement or condition of subdivision or short subdivision approval, per Whatcom County Land Division Regulations, Title 21, and which receive final approval from the Public Works Technical Administrator, shall be deemed by the Building Official to have met the permit requirements per IBC Section 105. The Technical Administrator is designated as the County Engineer, per WCDS, Chapter 5, Road Standards, Section 502. 3. Section 105.3, Application for Permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee Payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation 7 313 permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued septic system permit shall be specific to the project application. 9. Provide additional data and information as required by the Building Official. 4. Section 105.5, Expiration, is amended to include the following: Land Disturbance permits issued for grading activity shall expire if work authorized is not commenced within 180 days of issuance unless a phased plan has been approved by the Technical Administrator. The Technical Administrator is authorized to grant one extension of 180 days if the request is submitted prior to expiration of the permit. The extension shall be requested in writing and justifiable cause(s) demonstrated. If the project is located within a water resource special management area and subiect to seasonal clearing activity limitations the extension shall begin at the commencement of the construction season, pursuant to WCC 20.80.735. Grading permits also expire and become invalid when the total approved volume has been placed into or excavated from the approved area. 5. Section 109, Refunds, is amended to include the followinq Policy: The refund policy applies to the current editions and amends the respective Sections of the IBC, Section 109; IRC, Section R108.5; IFC, Section 113.5; IMC, Section 106.5.3; IFGC, Section 106.6.3: and UPC, Section 103.4.5, as adopted Der WCC 15.04.010. ,The Building Official may authorize refunding any fee hereunder which was erroneously paid or collected at 100%. The Building Official may authorize refunding of not more than 80% of the fee paid for a building permit when no work has been done under a building permit issued in accordance with the current editions listed in this policy. The Building Official may authorize refunding of not more than 80% of the plan review fee paid when an application for 314 a building permit for which a plan review fee has been paid is withdrawn or cancelled before anv elan reviewing is done. The Building Official shall not authorize the refunding of any fee paid, except upon written application filed by the original permittee not later than 180 days after the date of fee payment. B. Appendix J, Grading. 1. IBC Section 104.1 is amended per WCC 15.04.020, Subsection B, including an additional paragraph to read as follows: The Director of the Planning and Development Services Department or the Director's designeeLandUse 1 hi -at "a' Rese F%6 ( I NR) DivisiOR Manage. also referred to herein as the Technical Administrator, is hereby authorized and directed! - by the Building Off�',_to enforce the provisions of IBC Appendix J, Grading, including as amended in WCC, _Chapter 15, Section 15.04.020. The Technical Administrator—=IJNR niva�o—Manager—shall have the authority to render interpretations of their amended Appendix and to adopt policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be in compliance with the intent and purpose of —amended Appendix J. Such policies and procedures shall not have the effect of waiving requirements specirically provided for in amended Appendix J. 2. The following definitions are added to Section J102.1: a. EARTH MATERIAL: Any rock, natural soil or any combination thereof. b. CRITICAL AREAS: The following areas as regulated under WCC 16.16 shall be regarded as critical areas along with associated buffers identified under WCC 16.16: i. Geologically hazardous areas. ii. Frequently flooded areas. iii. Critical aquifer recharge areas. iv. Wetlands. v. Fish and wildlife habitat conservation areas. g 315 c. ORDINARY HIGH WATER MARK: The mark on all lakes, rivers, streams and tidal water that will be found by examining the beds and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in all ordinary years, as to mark upon the soil a character distinct from that of the abutting upland in respect to vegetation. 3. The following shall be added to Section J103.1: Upon receipt of a fill and grade permit application on properties within 500 feet of a site known to contain archaeological resources that are outside of the Shoreline Management Program Jurisdiction (WCC Title 23) and/or the Point Roberts Special District (WCC 20.72), the County shall notify the applicant that the projects location is within an archaeologically sensitive area and Federal, State and Tribal Laws and Regulations pertaining to cultural resources may apply. Grading permit expiration is per IBC Section 105.5 as amended. 34. The numbered exemption list of The following exemn+ienc are —add to Section J103.2, Exemptions, is amended as follows: a1. Grading in an isolated, self-contained area, provided tthere is no danger to the public, and that such grading will not adversely affect adjoining properties or critical areas and further provided that the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and fill does not exceed 250 cubic yards and is associated with a residence authorized by a valid building permit. b2. Excavation for construction of a structure permitted under this code provided that said construction has been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) and the Whatcom County Critical Areas Ordinance (WCC 16.16). 3. Cemetery graves 10 316 c4. Refuse disposal sites controlled by and appropriately permitted in accordance with other regulations. d5. Excavations for wells or trenches for utilities; provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and there are no adverse impacts to critical areas. e6. Mining, quarrying, excavating, processing or stockpiling rock, sand, gravel, aggregate or clay controlled by other regulations, provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23) and such operations do not affect the lateral support of, or significantly increase stresses in soil on adjoining properties, or adversely impact critical areas. Q. Exploratory excavations performed under the direction of a registered design professional provided that said excavations have been duly reviewed for compliance with the Whatcom County Shoreline Management Program (WCC Title 23) or critical areas ordinance. g8. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than I unit vertical in 5 units horizontal (20% slope) or less than 3 feet in depth, not intended to support structures, that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course or otherwise impact critical areas provided the activity occurs outside of the jurisdiction of the Whatcom County Shoreline Management Program. 9. Exemptions listed per WCC 20.80.733. 45. The following site plan requirements are added to A 04.2: a. In addition to the provisions of Section 1076, a grading plan shall show the existing grade and finished grade in contour intervals of sufficient clarity to indicate the nature and extent of the work and show in detail that it complies with the requirements of this code. 11 317 b. The plans shall show the existing grade on adjoining properties in sufficient detail to identify how grade changes will conform to the requirements of this code. c. The plans shall show erosion control types and locations, natural features (slopes, streams, wetlands, ponds, etc.), forrested or treed areas, ditches, culverts, wet areas, flow directions, critical area boundaries, the Ordinary High Water Mark (OHWM) of any water body regulated by the Whatcom County Shoreline Management Program and any other information deemed necessary by the Building Official. 56. J104.3, Geotechnical report, is amended as follows:T-he following SGuIS roper+ Fequirement is added to When required by the Technical Administrator, a geotechnical report prepared by a registered design professional shall be provided. The report shall contain at least the following: 1. The nature and distribution of existing soils; 2. Conclusions and recommendations for grading procedures; 3. Soils design criteria for any structures or embankments required to accomplish the proposed grading; 4. Where necessary, slope stability studies, and recommendations and conclusions regarding site geology; and 5. Unless approved by the Technical Administrator, a building permit shall not be issued on approved fills without an engineered soils report and proof of supervised, monitored placement by the registered design professional. 6. Additional information may be required at the discretion of the Technical Administrator. Exception: A geotechnical report is not required where the Technical Administrator determines that the nature of the work applied for is such that a report is not necessary. 12 318 mining report: Grading permit plans associated with surface mining shall be consistent with a surface mining reclamation plan as required and approved by the Washington Department of Natural Resources. (Ord. 2004-064 § 2). 15.04.030 Amendments to the International Residential Code. A. Section R105.1, Required, is amended as follows: Whatcom Countv (the Countv) may reauire that a covenant or agreement be recorded against the deed(s) applicable to the location and/or operation of a given project to inform future property owners of the current restrictions or approved land uses. The Countv may draft the covenant or agreement upon whatever terms the Countv in its discretion deems 19CO M AB. Section R105.2, Work exempt from permit, is amended to read as follows: 1. One-story detached, non -occupied, accessory structures without basements, used as tool and storage sheds, playhouses and similar uses, provided that 1.) tThe floor area does not exceed 200429 sq. ft. [18.58 sq. ml and 2L.) sarne 2.) jaErovided that accessory structures meet all applicable setback requirements. 13 319 2. Fences not over 6 feet (1829 mm) high. 3. Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 4. Water tanks supported directly uponen grade if the capacity does not exceed 5,000 gallons (18,927 L). And the ratio of height to diameter or width does not exceed 2 to 1. 5. Sidewalks-,4eGks and driveways not more than 30 inches above grade and not over any basement or story below. 6. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 7. Above ground pre -fabricated pools. 8. Swings and other playground equipment. 9. Window awnings supported by an exterior wall which do not project more than 54 inches_(1372 mm) from the exterior wall and do not require additional support. 10. Decks not exceeding 200 square feet (18.58 sq. m) in area, that are no more than 30 inches (762 mm) above grade at any point, are not attached to a dwelling and do not serve the exit door required by Section R311.4. C. R105.3, Application for permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefore in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 14 320 5. State the valuation of the proposed work. 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee Payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued system permit shall be specific to the project application. 9. Provide additional data and information as required by the Building Official. 43D. Table R301.2 (1) Design Data for Whatcom County shall read as follows: 1_4—GROUND SNOW LOAD TABLE, JANUARY 1997, Table R301.2(1). Whatcom County Approx. Average Elevation Revised Ground Snow Load Revised Roof Snow Load Acme 310 22 25 Bellingham 100 15 25 Blaine 45 16 25 Deming 210 24 25 Diablo 910 100 100 Ferndale 60 20 25 Glacier 900 74 74 Lawrence 1145 24 25 15 321 Lynden 103 24 25 Maple Falls 643 77 77 Mt. Baker Ski Area 4200 588 588 Newhalem 510 129 129 Nooksack 84 24 25 Sumas 36 24 25 Wickersham 310 28 28 Kendall 460 50 Paradise 460 50 Pt. Roberts 1120 125 Footnotes: Any proposal can challenge the above design load with engineer or architect stamped and signed calculations and criteria. Buildings where the roof snow load exceeds 30 psf may require architect or engineer review. Recommendations are valid for the recognized central area of each regional designation. Building Services reserves the right to adjust the roof snow load based on building location and/or criteria per the 20096 IBC and/or the Snow Load Analysis for Washington. 2. Wind Speed (mph): 85 mph 3. Seismic Design Category: IRC=D1; IBC=D (See IBC Section 1613.5) 4. Subject to Damage from Weathering: Moderate 5. Frost Line Depth: 18" 6. Termite: None 7. Decay: Moderate 8. Winter Design Temp: 22 ° F 9. Ice Shield Underlayment Req.: No 10. Air Freezing Index: 260 11. Mean Annual Temperature: 480 F 4Q�E. Appendix E, Manufactured Homes, is amende .entirely replaced with the following: . 16 322 This chapter is enacted as an exercise of the police power of the county for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, nor to identify and protect any particular class of persons. The purpose of this chapter is to provide minimum standards to safeguard life or limb, health or property, and public welfare, by regulating and controlling the installation of manufactured homes on building sites within the county. It is not the intent of this chapter to impose liability upon the county for failure to perform any discretionary act. Rather, it is the intent of this chapter to place the obligation of complying with its requirements upon the installer. Nothing contained in this chapter shall be construed to relieve from or to lessen the responsibility or liability of any person for injury or damage to persons or property caused by or resulting from any defect of any nature in any manufactured home installation work performed by said person or in any manufactured home installation equipment owned, controlled, operated or used by him; nor shall Whatcom County, or any officer, agent, or employee thereof, incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reasons or consequence of any things done or acts performed pursuant to the provisions of this chapter. 1) SCOPE This chapter sets forth rules and regulations to regulate and control the installation of manufactured homes on building sites, establishes an administrative procedure for the issuance of permits, and provides for the inspection of manufactured home installations. 2) DEFINITIONS a. ADMINISTRATIVE AUTHORITY is the Department of Planning & Development Services, the Building Services Division, and the Whatcom County Building Official. b. BUILDING OFFICIAL is -the Assistant Director of the Planning & Development Services Department. See Section 15.04.015. . 17 323 c. BUILDING SITE is any site proposed for the location of a manufactured home including sites within mobile home parks. d. HUD is the Federal Department of Housing and Urban Development. e. INSTALLER shall either be the owner or a State licensed mobile home installer. f. MANUFACTURED HOME means a structure designed and built to comply with the Washington State Department of Labor and Industry's rules and regulations for MManufactured N 1C CTURE^ Hhomes and Csommercial Csoaches. It is also defined and cross-referenced per the current adopted edition of the IRC SECTION R202, DEFINITIONS, MANUFACTURED HOME. g. MOBILE HOME is a transportable, factory -built dwelling unit constructed prior to June 15, 1976 (prior to enactment of National Manufactured Housing Construction & Safety Standards [NMHCSS] Act of 1974). h. PERMANENT FOUNDATION means concrete blocks on a concrete footing or slab, or other approved engineered foundation systems. 3) GENERAL INSTALLATION REQUIREMENTS a. Manufactured homes installed on building sites shall be installed in accordance with the provisions of this chapter and all applicable local, state, and federal codes, ordinances, and statutes. b. Manufactured homes shall be installed in compliance with the manufacturer's installation recommendations or according to NCSBCS/ANSI A225.1-1994; permanent foundation requirements. The manufacturer or dealer shall send two copies of its approved installation recommendations to the purchaser of the manufactured home. Two copies shall be submitted with the building permit application. c. No person, firm, partnership, corporation, or other entity may install a manufactured home unless he/she owns the manufactured home, or is a licensed manufactured home installer. a 324 d. All manufactured home installations shall comply with the requirements of the IRC Section R403.1.7.3, Foundation Elevation, and with the following_; On graded sites, the top of any exterior foundation shall extend above the elevation of the street gutter at point of discharge or the inlet of an approved drainage device a minimum of 12 inches plus 2 percent. The Building Official may approve alternate elevations, provided it can be demonstrated that required drainage to the point of discharge and away from the structure is provided at all locations on the site. The following provisions shall be made to prevent standing water under and around a building or structure prior to the final inspection. The finished grade and elevation under the building shall be above- the ground drainage flow of the land around the building to prevent surface or sub -surface water from draining to the space under the building, provided that other approved alternates such as drain tile, exterior grading to a point lower than the interior drainage of the building or an approved sump pump may be used, and provided further that the alternate method to be used shall be shown on the building plans. An approved sump pump system shall in no case be connected to the sanitary sewer system. In all instances where a drainage or sump pump system is installed under the structure there shall be provided, in the foundation wall, an access crawl hole which shall be no more than 20 feet from the main drain cleanout. To facilitate the drainage of water, the building site shall have at least a 2% gradient towards approved drainage, facilities from building pads. However, this may be waived by the building official provided that the permittee can demonstrate that due to the nature of the site this would be impractical and that an approved alternate will be used. If water appears under the building within a period of 12 months after the final inspection of the building or structure, the builder shall be responsible for providing the drainage of the same, and provided further that the builder has not complied with the requirements of Section 1804.7 herein, concerning drainage. Thereafter, the owner of the building shall be responsible for providing drainage of the same, except where owner and builder agree otherwise. e. In those areas that are recognized as floodplains by the Washington State Department of Ecology or the Department of Homeland SecurityFeder-al F=meFgeRGTMaRagernepA AgeRG , or hazardous because of the probability of earthquakes, ground slides, avalanches, or high winds, the building official may set requirements that are necessary to 19 325 lessen the hazards. Manufactured homes in a floodplain must be installed per FEMA recommendations as outlined in GUIDELINES FOR THE INSTALLATION & ANCHORING OF MANUFACTURED HOUSING IN WASHINGTON STATE, (Sept. 20, 1996.) Used mobile homes older than 1976, require a fire/life safety inspection by the State Dept. of Labor & Industries prior to building permit submittal. Manufactured homes installed on sites that are sloping or have poor drainage shall be installed in accordance with installation recommendations, provided by a professional engineer or architect licensed in the state of Washington. 4) PERMITS REQUIRED No person, firm, or corporation shall install or cause to be installed any manufactured home on a building site without having first obtained a building permit and a manufactured home dealer shall not deliver a manufactured home to a building site until that dealer has verified that the installer has obtained the necessary building permits. 5) APPLICA71"ION REQUIREMENTS In addition to the building permit application and issuance regulations, the following shall apply to manufactured home installations: separate application shall be required for each manufactured home installation. The application shall be made upon forms provided by the administrative authority and shall be accompanied by the permit fee established herein. a. A separate application shall be required for each manufactured home installation. The application shall be made upon forms provided by the administrative authority and shall be accompanied by the permit fee established herein. b. Each application shall be accompanied by a plot plan drawn to scale with detail sufficient to show that the installation will meet siting requirements of all applicable state and local regulations. c. Applications for manufactured homes to be installed on building sites or sites within a mobile home park shall be accompanied by two sets of foundation plans for a permanent foundation. 6) INSPECTION 20 326 Approved installation specifications shall be available at the site at the time of inspection of the installation. In the event that no approved installation specifications are available or the approved specifications as provided above do not cover all the installation requirements of this chapter, then the total installation of the portions thereof not covered by the approved specifications shall comply with the appropriate provisions of this code. a. On building sites other than those in mobile home parks, the installer of the manufactured/mobile home shall request a footing inspection after the placement of the footing forms and rebar and prior to pouring or placing the footings, a tie - down inspection and a final inspection after all aspects of the installation have been completed. For mobile home park installations, the installer shall request a Final inspection after all aspects of the installation have been completed. All requests for inspection shall be made one working day before such inspection is desired. b. The manufactured/mobile home may be occupied once the installation has passed final inspection for compliance with the requirements of this chapter and any conditions placed upon the issued permit. c. If the installation does not comply with the installation requirements of this chapter and the conditions of the installation permit, the local enforcement agency shall provide the installer with a list of corrections that the installer must make. The list of corrections shall state a date by which the corrections must be completed. If the items that require correction do not endanger the health or safety of the occupants, or substantially affect the habitability of the manufactured/mobile home, the local enforcement agency may permit the owner of the home to occupy it. 7) BUILDING SITE PREPARATION A manufactured home may not be installed on a building site unless the ground at the site has adequate compaction and load -bearing ability to meet the support requirements of (3)(d) or, if the building site is in a mobile home park, the park owner must insure that the ground on which the mobile home is to be installed has been improved as necessary to provide a proper base for the mobile home and that the area beneath the mobile home has adequate drainage. 8) FOUNDATION SYSTEM FOOL-INGS 21 327 a. Footings shall be constructed of solid concrete per the manufacturer's installation specifications or an approved alternate method. b. Four -inch slab with thickened footings, extending 18 inches below existing grade, 16 inches diameter concrete posts, spaced according to the applicable requirements of NCSBCS/ANSI A225.1-1994, eight feet G.G. with a four- inch concrete slab and Z hook for positive connection between post and slab, if in a flood plain. c. Footings shall be: i. Evenly bedded and level; ii. Placed on firm, undisturbed or compacted soil that is free of organic material; iii. Centered in a line under the main frame longitudinal members on both sides of the manufactured home; iv. Spaced not more than eight feet apart and no more than two feet from the ends of the main frame. The building official may require a closer spacing, depending on the load bearing capacity of the soil or the specifications in the manufactured home installation manual. d. A manufactured home with more than one section must have center line blocking at end walls and at other points of connection of the sections of the manufactured home that have ridge beam bearing support. Blocking is also required at both ends of a door opening that is six feet or more wide in an exterior wall. e. If a manufactured home requires footings on its exterior perimeter, as specified by the installation recommendations or required by the building official, the footings shall be installed below the frost line. f. Footings shall be constructed so that 75 percent of the area under the manufactured home has at least 18 inches clearance between the bottom of the main chassis members and the ground level. The area beneath the furnace cross- overs and fireplaces must always have at least 18 inches clearance. At no point under the manufactured home may clearance be less than 12 inches. 9) FOUNDATION SYSTEM PIERS 22 328 a. An installer must build and position piers and load -bearing supports or devices to distribute the required load evenly. An installer must use manufactured piers or load -bearing supports or devices that are listed or approved for the intended use. b. A pier may be made of a single stack of 8-inch by 16-inch blocks if the blocks are not stacked more than three blocks high. A pier made of a single stack of blocks shall be installed at a right angle to the main frame longitudinal members and shall be capped with no more than 2-inch by 8-inch by 16-inch wood blocks or one 4-inch by 8-inch by 16- inch concrete block. c. A pier may be made of a double stack of 8-inch by 8-inch by 10-inch blocks if the blocks are not stacked more than five blocks high. Each row of blocks in such a pier shall be stacked at right angles to the abutting rows of blocks. The pier shall be capped by with 2-inch by 8-inch by 16-inch concrete blocks. The pier shall be installed so that the joint between the cap block is at right angle to the main frame longitudinal members. d. A pier may be made with more than five courses of blocks and not to exceed 9 (72 inches) courses of block if the stacked blocks are filled with 2,000 psi concrete or mortar, and no more than 20% of the piers exceed five courses (40"). All other systems shall be designed by a licensed Washington state engineer or architect. e. All blocks shall be set with cores placed vertically. 10) FOUNDAI-ION SYSTEM PLATES AND SHIMS An installer may fill a gap between the top of a pier and the main frame with a wood plate that is not more than two inches thick and two opposing wedgeshaped shims that are not more than two inches thick. Wood plates and shims must be of hemlock/fir, Douglas fir, or spruce/pine/fir. A shim shall be at least four inches wide and six inches long. The installer shall fit the shim properly and drive it tight between the wood plate or pier and the main frame to ensure that the manufactured home is level and properly supported at all load -bearing points. A block that abuts a wedge-shaped shim shall be solid. 11) FOUNDAI"ION 23 329 A manufactured home shall have an approved skirting around its entire perimeter. The wood of the skirting shall be at least six inches From the ground unless it is pressure - treated wood. Metal fasteners shall be hot dipped galvanized, stainless steel, or other corrosive -resistant material. Ferrous metal members in contact with the earth, other than those that are galvanized or stainless steel, shall be coated with asphaltic emulsion. A manufactured home that is installed shall have ventilation openings with a net area of one square foot per 150 square feet of crawl space; except manufactured homes installed in the flood plain shall have ventilation openings with a net area of 1 square inch per 1 per square foot of crawlspace installed within 1 foot of finished grade. The openings shall be designed to provide cross ventilation on at least two approximately opposite sides of the manufactured home. The installer shall locate openings as close to the corner of the manufactured home as practical and shall cover the opening with a corrosive - resistant wire mesh. Dryer vents and hot water tank pressure release valves shall exhaust on -the exterior of the perimeter skirting. The skirting for each section of the manufactured home shall have an opening of at least 18 inches by 24 inches with a cover of metal or pressure -treated wood to allow access to the crawl space. In all cases the foundation shall be installed before a final sign off can be made. 12) ANCHORING SYSTEM The building official shall require a single section or multiple section manufactured home to have an anchoring system. Such an anchoring system shall be installed per the manufactured installation specification's or according to the design of a professional; Washington State licensed engineer or architect. Components of the anchoring system shall have a resistance to weather deterioration that is at least equal to that of a zinc coating that is not less than 0.3 inches per square foot of coated surface. Cut edges of zinc - coated strapping do not need to be coated. a. An installer shall install, preload, and adjust a ground anchor in accordance with the anchor manufacturer's instructions. The installer must supply a copy of the instructions to the building official. Ground anchors shall be marked with the manufacturer's identification and model number in a location that is visible to the inspector after the anchor is installed. The manufacturer of a ground anchor must provide instructions with each anchor that specifies the 24 330 kinds of soils for which the anchor is suitable. Analysis from a WA State licensed engineer may be required. b. If concrete slabs or continuous footings are used to transfer the anchoring loads to the ground, the following requirements apply: i. Engineered tie -down systems shall be per approved details from the Washington State Department of Labor and Industries. ii A concrete slab may be used in place of a ground anchor if it provides holding strength equal to the required ground anchors. iii. Analysis from a WA state licensed engineer may be required. c. Ties shall be of sable, strapping, or other approved materials. Ties shall be fastened to the ground anchors and drawn tight with turnbuckles, yoke fasteners, or other approved tension devices. Tension devices shall end in clevis, forged, or welded eyes. Tension devices shall be designed to prevent self -disconnection if the ties become slack. Ties shall connect the ground anchors to the main frame longitudinal members. Ties must not connect to steel outrigger beams that fasten to the main frame unless the manufacturer's installation instructions specifically approve the connection. Diagonal ties must lie at least 45 degrees from the vertical. d. The installer shall space the ties as evenly as practical and shall locate a tie within eight feet of each end of the manufactured home. The installer shall install vertical ties at each detached corner of a clerestory roof and added -on sections of expandable manufactured homes., the installer shall install the following number of ties for each I-beam or other main frame longitudinal member: according to the manufacturer's specifications or per NCSBCS/ANSI A225.1- 1994, as indicated in the following chart: Length of home in feet (excluding hitch) Number of vertical ties per detached corner of add-ons Number of diagonal ties 32 — 54 1 5 25 331 55 — 73 11 16 13) ASSEMBLY The water pipe connection to the manufactured home shall have a main shutoff valve in compliance with the 20093 Uniform Plumbing Code, Section 605_, adopted as of july 1, 2004.. Exterior water lines and ducting under the manufactured home shall be insulated. In all other respects, utility connections to the manufactured home, including water, sewer, electricity, and gas shall comply with the applicable county codes. Accessory structures attached to or located next to a home, such as awnings, carports, garages, porches, or steps shall be constructed in conformance with applicable county codes and structurally independent of the manufactured home unless pre -approved by manufacturer. (Ord. 2004-064 § 2). F. Washington State Amendment Appendix S, Fire Sprinklers, is amended as follows: AS107.1 Fire Sprinklers. An approved automatic fire sprinkler system shall be installed in new one- and two- family dwellings and townhouses, in accordance with Washinaton State Amendment Appendix R. Exception: 1. Any new one -family or two-family dwelling under 4000 square feet gross 11oor area. 2. Any new one -family or two-family dwelling with fire flow that meets the requirements of IFC Appendix B. 15.04.040 Amendments to the International Fire Code. A. The International Fire Code is amended as follows: 1. Section 102.2, Administrative, operational and maintenance provision, is amended to read as follows: To provide a reasonable degree of safety to persons occupying existing buildings, there shall be a fire code inspection, at times to be determined by the Whatcom County Fire Marshal, for all Group A, B, E, F, H, I, M, R, S 26 332 and U occupancies. Only Occupancies—en4y containing the following shall be subject to fire code inspections: Adult family homes, rare fesfamily daycare homes, adult and child care facilities, ,,~ice^„'' fe fanilities and GGRgFegate living facilities as defined in the Washington-sState amendments. 2. Section 102.6, Referenced code and standards, is amended to read as follows: The codes and standards referenced in this code shall be those listed in Chapter 45 of this code such codes and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference as determined or modified by the fire code official. Where differences occur between the provisions of this code and the referenced standard, the provisions of this code shall apply as determined or modified by the fire code official. 3. Section 103.1 is amended to read as follows: 103.1 General. The Department of Fire Prevention, herein after referred to as the Fire Marshal's Office, is established within the jurisdiction under the direction of the Fire Code Official, herein after referred to as the Fire Marshal. The function of the department shall be the implementation, administration and enforcement of the provisions of this code. Recognizing the authority and responsibility vested in the Fire Marshal by the International Fire Code, the Fire Marshal is authorized to promulgate such rules, policies and/or procedures as he/she deems necessary for the efficient operation of fire prevention and investigations 4. Section 103.2 is amended to read as follows: 103.2 Appointment. The Fire Marshal shall be not less than a supervisor within the Building Services Division of the Whatcom County Planning & Development Services Department, as designated by the Building Official. The Fire Marshal for Whatcom County is authorized to enforce the provisions of this ordinance and adopted referenced codes and amendments. 5. Section 104.10, Fire investigation, is amended to read as follows: The Whatcom County Sheriffs Office shall have the authority to investigate the cause, origin and circumstances 27 333 of any fire, explosion or other hazardous conditions. Information that could be related to trade secrets or processes shall not be made part of the public record except as directed by a court of law. 6. Section 104.10.1 is amended to read as follows: a) The Whatcom County Fire Marshal shall have the authority to render necessary assistance in the investigation of fires. The Whatcom County Fire Marshal and designated, assigned staff members shall have the powers of a limited authority Washington peace officer as defined in chapter 10.93 RCW. They shall be commissioned by the Whatcom County Sheriff as specially commissioned Washington peace officers, as defined in chapter 10.93 RCW, upon satisfaction of the training and other requirements prescribed or approved by the Washington criminal justice training commission, for the purpose of administering this code. 7. Section 108.1, Board of appeals, is amended to read as follows: In order to hear and decide appeals of orders, decisions or determinations made by the Fire Marshal relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. Whatcom County Ordinance No. 2007-024 shall be the Fire Code appeals board. The Appeals Board shall be the same board for all codes appeals. 8. Section 202 is amended to read as follows a. Fire Chief. Whenever the term fire chief is referenced in this code it shall mean Whatcom County Fire Marshal (Fire Code Official) or his/her designee, as identified in IFC Section 103. b. Fire Code Official. Whenever the term fire code official is referenced in this code it shall mean Whatcom County Fire Marshal or his/her designee, as identified in IFC Section 103.2. 9. Appendix D, Apparatus access roads, is amended to read as follows: W. 334 a. Section shall be-iR aGGordanGe Wvt-h t�hiG- r�npter and all ethe appl+sable reqU+Fernentc of the-InteMational Fire Cede as required by the Fire "arshal.D103, Minimum Road Specifications: 1. Fire apparatus access roads serving 1 (one) or 2 (two) residential lots, where building location is less than one hundred fifty feet (150') from approved access roads, have no specific requirements. The minimum suggested width is 12 feet (3658 mm). The minimum suggested vertical clearance is 13 feet-6 inches (4115 mm). 2. Fire apparatus roads over one hundred fifty feet (150') long serving one residential lot:: a. Minimum width — twelve foot (12') driving surface with turnouts no farther than every six hundred feet (600') when required by the Fire Marshal. To create a turnout, the road shall be widened to twenty feet (20') in the direction of travel for a minimum distance of one hundred feet (100') to allow vehicles to pull over and allow emergency vehicles to proceed. Turnout shall be located approximately midpoint for driveways over six hundred feet (600') but less than twelve hundred feet (1200'). b. Vertical clearance — minimum thirteen foot, six inch (13'-6") unobstructed vertical clearance for the required width of the road. c. Surface — Per Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. d. Turning radius — minimum thirty-five foot (35') radii. e. Turnarounds — minimum twenty feet (20') wide, sixty feet (60') deep or WCDS, Chapter 5, Road Standards. 29 335 WMIEN N, SWUM NOW MON.- VITA 21= ITZIRIM bv+. Bridges - Bridges, box culverts or similar passageway structures built over depressions or obstacles shall be herein after referred to as bridges. When a bridge is required to be used as part of a driveway access road, it shall be designed and constructed per the current adopted edition of the WCDS, Chapter 5, Road Standards, Section 513, Bridges and Associated Retaining Walls. Vehicle load limits shall be posted at both entrances to bridges when required by the Fire Marshal. c.vi+: Grade — per WCDS, Chapter 5, Road Standards. 3) Fire apparatusne ,e;t Veh!Gle access rRoads — Access serving more etheF than Two (2) residential units shall meet the following: aL Current adopted Whatcom County Development Standards (WCDS), Chapter 5, Road Standards. 30 336 b4. The Fire Marshal may make modifications in these standards if the road is not build -able because of topography, waterways, nonnegotiable grades, or similar conditions. These modifications are based on: 1.a)-The building being protected by NFPA 13D Automatic Sprinkler System. 2.b) Additional fire protection features as required by the Fire Marshal. Exceptions may be made for minor additions or small accessory buildings to existing dwellings when in the opinion of the Fire Marshal the addition or accessory building will not create significantly more dangerous situations. 4) Emergency vehicle access roads or driveways shall not be obstructed in any manner, including the parking of vehicles. Width and clearance requirements of these standards shall be maintained at all times. (Ord. 2004-064 § 2). 15.04.050 Permit expirations and violations of the above referenced codes. A. Expiration. 1. Sections 105.5 of the IBC, R105.5 of the IRC and 105 of the IFC are amended as follows: Every permit issued under the provisions of this code, according to IBC Section 105.5 and IRC Section R105.5, shall expire and become null and void, if the work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days. The building official is authorized to grant, in writing, one or more extensions of time, for a period not more then 180 days each. The extension shall be requested in writing and justifiable causes 31 337 demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made, or will be made in the original plans and specifications for such work; and provided, further, that such suspension or abandonment has not exceeded one year. These permits are only transferable with the prior approval of the Building Official and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. Every permit issued under the provisions of this code, aserdiegaccording to IFC Section 105, shall expire and become null and void, if the work authorized by such permit is not commenced withingwitlfin 180 days From the date of issuance of such permit, or if the work authorized by such permit is suspended or abeedendedabandoned at any time aftreafter the work is commenced for a period of 180 days. The fire code official (designated as the fire marshal) is authorized to grant, in writing, one or more extensions of time for a period not more than 180 days each, except that expiration and extension shall not apply to open burning permits. The extension shall be requested in writing and justifiable causes demonstrated. In the event of permit expiration, before such work can recommence, a new permit shall be first obtained to do so, and the fee therefore shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abondean}epAabandonment has not exceeded one year. An operational permit under the IFC shall remain in effect until reissued, renewed, or revoked or for such a period of time as specified in the permit. These permits are not transferable and any change in occupancy, operation, tenancy, or ownership shall require that a new permit be issued. B. Construction Without Permit. 1. The following paragraph shall be added to Sections 113.1 of the IBC, R113.1 of the IRC and 113.1 of the IFC: When construction and/or development has occurred on a site without a valid permit as required by this chapter, any 32 338 and all permits or approvals issued by the county may be denied for that site until the issue has been resolved. In addition, prompt restoration of the site to its original condition will be required. The issuance or granting of a permit or approval of plans and specifications shall not be deemed or construed to be a permit for, or an approval of, any violation of any of the provisions of this code. No permit presuming to give authority to violate or cancel the provisions of this code shall be valid, except insofar as the work or use for which it authorizes is lawful. The issuance or granting of a permit or approval of plans shall not prevent the Director of Planning & Development Services, the Building Official, the Fire Code Official, or any administrator who has been granted authority by the Director from thereafter requiring the correction of errors in said plans and specifications or from preventing construction operations being carried on thereunder when in violation of this code or of any other ordinance or from revoking any certificate of approval when issued in error. C. Stop Work Orders. 1. Sections 114.3 of the IBC, R114.3 of the IRC and 114.3 of the IFC are amended as follows: In the event any person, firm, partnership, ---GF seperatie-corporation or other entity violates any provision of this ordinance or any code adopted by this ordinance, the County may issue a notice of violation 71 to be delivered to the owner, operator, or their agent, or to be conspicuously posted at the site. In a non -emergency situation, such notice may include notice of the intent to issue a stop work order no less than 10 calendar days following the receipt of the notice, and provide for an administrative predeprivation hearing within 10 calendar days of notice/order. In an emergency situation where there is a significant threat to public safety or the environment, the County may issue a stop work order. The stop work order shall include, in writing, the right to request an administrative post -deprivation hearing within 72 hours following receipt of the stop work order. Failure to comply with the stop work order shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500.00 up to a maximum fine of $1000.00 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 33 339 thereof of noncompliance with said order to stop work shall constitute a separate offense. D. Violation Deemed Misdemeanor. 1. Sections 114.3 of the IBC, R114.3 of the IRC and 114.3 of the IFC are amended as follows: Any violation of the provisions of the International Building, Fire, Residential or other related codes as herein adopted is a misdemeanor. Any person, firm or corporation violating any of the provisions of this code or failing to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents, directives or conditions of the Building Official or the Fire Code Official or the Director of Planning and Development Services or of a permit or certification used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than $1000.00 dollars or by imprisonment not exceeding 90 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. a. EXCEPTION: The International Fire Code Section 307 Open Burning and Recreational Fires shall constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. After having been found to have committed two successive infractions for violations of the same provision of this title on the same property, any person, firm, or corporation who continues to violate this title in the same manner on the same property shall be guilty of a misdemeanor, punishable by a fine of not more than $1000.00 or by imprisonment not exceeding 90 days, or both such fines and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. E. Notice of Violations. 1. Section 109.2 of the IFC is amended as follows: When the (Fire sCode eOfficial, referred to as the Fire Marshal, finds a building, premises, vehicle, storage facility M 340 or outdoor area that is in violation of this code, the fire code official is authorized to prepare a written notice of violation describing the conditions deemed unsafe. When immediate compliance is not possible, a time shall be specified for re -inspection. In special situations citations could be issued to individuals violating this code. F. Civil Penalty. 4-.1_Any person, firm, partnership, -_corporation or other entity violating any of the provisions of this chapter, or of the codes adopted by reference by this chapter, shall be deemed guilty of a civil offense and each day during which such violation is continued or committed shall constitute a separate offense, and shall be fined not more than $1,000 for each offense. The penalty provided in the above section shall be imposed by a notice in writing and delivered by personal service to the owner, the owner's agent, the operator and/or violator, and/or sent by certified mail, and/or be conspicuously posted at the site. writing from the building official or the fire God Offinial or the dir-entor of planning and development ceniines; either ceWine to t�he_�person firm or JGT"t7GG�, Ti GTRTfGC��7G7-Y�Gj , de�zment of nlonninn d developmentseniinec TTh a�a--���—,- , e notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act(s) constituting the violation(s) to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time. The notice may simultaneously accompany a notice of penalty. 2L.2. Within 30 days after the notice is received, the person incurring the penalty may apply in writing to the building official for remission or mitigation of such penalty. Upon receipt of the application, said department may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper. The Final decision of the building official, fire code official or the director of planning and development services on mitigation or revision shall be reviewed by the county council, if the person being penalized files a written appeal therewith of said decision, within 10 days of its issuance. The decision of the county council regarding the penalty imposed shall be final. In addition to the civil penalties described above, -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 chapter. (Ord. 2004-064 § 2). '�42 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 326 CLEARANCES Initial Date rice Date Received in Council Qf Agenda Date Assigned to: Originator: 9/21/2010 9/28/2010 Introduction Division Head: 10/12/2010 Hearing Dept Head. - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Ordinance increasing local excise tax for enhanced 911 services ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 10/12/2010 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.) Ordinance increasing the amount of local excise tax imposed on the use of switched access lines, radio access lines, and interconnected voice over internet protocol service lines for enhanced 911 services COMMITTEEACTION.• COUNCIL ACTION.• 9/28/2010: Introduced 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 Coun 's website at: www.co.whatcomwa.uslcouncil. 343 911 Tax Ordinance ORDINANCE NO. SPONSORED BY: PROPOSED BY: Crawford/Weimer INTRODUCTION DATE: INCREASING THE AMOUNT OF LOCAL EXCISE TAX IMPOSED ON THE USE OF SWITCHED ACCESS LINES, RADIO ACCESS LINES, AND INTERCONNECTED VOICE OVER INTERNET PROTOCOL SERVICE LINES FOR ENHANCED 911 SERVICES WHEREAS, Whatcom County currently collects a local enhanced 911 excise tax to be used for an emergency services communication system, which provides for rapid public access for coordinated dispatching of services, personnel, equipment, and facilities for police, fire, medical, or other emergency services; and WHEREAS, the Washington State Legislature Finds that the state and counties should be provided with additional revenue to continue funding enhanced 911 emergency communications systems throughout the state on a multicounty or countywide basis; and WHEREAS, the Washington State Legislature finds that the appropriate method of deriving additional revenue for this purpose is to extend the excise tax on the use of switched access lines to also apply to radio access lines and interconnected voice over internet protocol service lines; and WHEREAS, Substitute Senate Bill 6846, passed by the Washington State Legislature and signed by Governor Christine Gregoire on April 13, 2010, provides for the legislative authority of a county to impose, effective as early as January 1, 2011, a county enhanced 911 excise tax on the use of switched access, radio access, and interconnected voice over internet protocol service lines in an amount not exceeding seventy cents per month for each line; and WHEREAS, in accordance with this new legislation, funds generated by the enhanced 911 excise tax imposed by RCW 82.148.030(5) may not be distributed to any county that has not imposed the maximum county enhanced 911 excise tax allowed under RCW 82.148.030(1) and (2); and WHEREAS, Whatcom County currently receives funds annually for enhanced 911 network, database, and language line services from the State, for which the County would not be eligible after December 31, 2010, unless it imposes the maximum county enhanced 911 excise tax allowed under RCW 82.148.030(1) and (2); and WHEREAS, in accordance with RCW 38.52.510, every county must implement countywide or multicounty-wide enhanced 911 emergency communications systems so that enhanced 911 is available throughout the state; and C.. WHEREAS, Whatcom County must provide funding for an enhanced 911 communications system in an amount equal to the amount that the maximum tax under RCW 82.148.030(1) would generate in the county less any applicable administrative fee charged by the department of revenue or the amount necessary to provide full funding of the system in the county. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the amount of local excise tax imposed on the use of switched access lines, radio access lines, and interconnected voice over internet protocol service lines will be increased to the maximum allowed under law, which is $0.70 per month per line, effective January 1, 2011. ADOPTED this day of , 2010. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, County Clerk APPROV D AS TO FO " -_i ivil Deputy Prosecutor Sam Crawford, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: 345 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 116 E CLEARANCES Initial Date Date Received in Council O ice Agenda Date Assigned to: Originator: 9/16/2010 9/28/2010 Introduction Division Head: 10 / 12 / 2010 Hearing Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Interim Ordinance -moratorium on new applications for 500K+ wind energy systems ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action) Imposing an Interim Ordinance Moratorium on the acceptance of new applications for Wind Energy Systems (WES) greater than 500 kilowatts, or multiple WES per parcel with a cumulative rated output above 100 kilowatts. COMMITTEEACTION. COUNCIL ACTION.• 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at. www.co.whatcomwa.uslcouncil. CM • 500K Wind Energy Systems -Interim (second interim) SPONSORED BY: Consent PROPOSED BY: Brenner INTRODUCTION DATE: September 28, 2010 ORDINANCE NO. IMPOSING AN INTERIM MORATORIUM ON THE ACCEPTANCE OF NEW APPLICATIONS FOR WIND ENERGY SYSTEMS (WES) GREATER THAN 500 KILOWATTS, OR MULTIPLE WES PER PARCEL WITH A CUMULATIVE RATED OUTPUT ABOVE 100 KILOWATTS WHEREAS, on October 21, 2008, the Whatcom County Council adopted Ordinance 2008-043 regulating the construction and operation of Wind Energy Systems (WES); and WHEREAS, these regulations addressed the construction and operation of WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, in certain zones by means of a Conditional Use Permit as specified in Whatcom County Code 20.14.041; and WHEREAS, the impacts of these large structures were anticipated to be considered through the Conditional Use Hearing process as to the uses associated with the applicable zone in which the subject WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, was being proposed; and WHEREAS, the requirements for locating a proposed WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, did not specifically address the impacts of a proposed system constructed in allowed zoning where the specific property abuts properties of a more dense residential zoning; and WHEREAS, on February 23, 2010, the Whatcom County Council adopted Ordinance 2010-015 as an emergency ordinance imposing a moratorium on the acceptance of new applications for Wind Energy Systems (WES) greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, and declaring an emergency; and WHEREAS, on April 13, 2010, the Whatcom County Council adopted Ordinance 2010-018 as an interim measure imposing a moratorium on the acceptance of new applications for Wind Energy Systems (WES) greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts for a six-month period; and WHEREAS, Ordinance 2010-018 will expire on October 30, 2010; and WHEREAS, additional time is necessary to allow for full review of this issue by the council, county staff, and the Planning Commission; and WHEREAS, the Whatcom County SEPA Official has determined that this proposal is exempt from SEPA; and and WHEREAS, a public hearing on this issue will be scheduled for October 12, 2010; 347 WHEREAS, the Whatcom County Council makes the following finding of facts: 1. There is merit in considering additional mitigation and/or property boundary setbacks in circumstances of adjacency to zoning boundaries; and 2. A significant number of Whatcom County residents who live in residential areas directly adjacent to properties which are zoned for large-scale WES have presented additional information regarding the negative impacts of nearby WES that was not considered in the passage of Ordinance 2008-043; and 3. This interim ordinance is necessary to prevent future applications for WES greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts, from vesting under current law and thus subverting the purpose of this ordinance; and 4. The Whatcom County Council desires the opportunity to further review this issue in order to study the possible impacts a proposed system may have on abutting properties; and 5. The siting of wind energy systems in heavy impact industrial and commercial forestry zones may create noise impacts already associated with noise levels in those zones. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that an interim moratorium is hereby imposed on the acceptance of new applications for Wind Energy Systems greater than 500 Kilowatts, or multiple WES per parcel with a cumulative rated output above 100 Kilowatts in the Rural Forestry or Agricultural zones, unless the applications were complete, as provided by Whatcom County Code, prior to the effective date of this ordinance. BE IT FURTHER ORDAINED by the Whatcom County Council that this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six-month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. ADOPTED this day of ATTEST: Dana Brown -Davis, County Clerk AP RO ED AS TO FO Civil Deputy Prosecutor 2010. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Sam Crawford, Council Chair ( ) Approved ( ) Denied Pete Kremen, County Executive Date: WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-344 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: PK 9124170 9128170 Finance Division Head.- 10/12/2010 Hearing Dept. Head. - Prosecutor: ^� Purchasing/Budget: g Z Executive: TITLE OF DOCUMENT. Ordinance Authorizing the issuance of Limited Tax General Obligation and Refunding Bonds, 2010A In the Amount of $[4,355,000] and Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds - Direct Payment) in the Amount of $[1,825,000] ATTACHMENTS: Ordinance, Memo SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? (x ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 10112110 SUMIVIARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance authorizes the issuance of Limited Tax General Obligation and Refunding Bonds, 2010A In the Amount of $[4,355,0001 and Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds - Direct Payment) in the Amount of $[1,825,000] COMMITTEE ACTION. • COUNCIL ACTION: 9/28/2010: Introduced 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. 349 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM TO: Whatcom County Council Members FROM: Pete Kremen, Whatcom County Executive DATE: September 27, 2010 SUBJECT: Recovery Zone Economic Development Bond Ordinance Pete Kremen County Executive Requested Action: Approval of the attached Bond Ordinance allows for the County to borrow funds for the completion of the Jail Controls Replacement Project and redeem outstanding bonds with lower interest rate bonds. The RZED Bonds are a new type of tax-exempt private activity bond created by the American Recovery and Reinvestment Act (ARRA). This ordinance authorizes the issuance of Limited Tax General Obligation and Refunding Bonds, 2010A in the Amount of $4,355,000 and Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds - Direct Payment) in the Amount of $1,825,000. Please note this ordinance will be replaced with a new ordinance once the County receives an offer from the Bond Underwriter. Background and Purpose: The Recovery Zone Economic Development Bond application, with Council approval, was submitted to the Washington State Department of Commerce on June 1, 2010. The Whatcom County RZEDB project has been identified as the Jail Controls Replacement project. The full scope of work includes the replacement of the failing security electronics and fire safety systems in the County jail. Additional emergency exits in the housing areas of the facility will also be created. Funding Amount and Source: Approximately $3,200,000 will be used to redeem outstanding bonds and replace them with lower interest rate bonds. The balance of approximately $3,000,000 will be used to replace the electronic controls in the jail and improve emergency exiting of the jail. Part of the $3,000,000 issued for the jail will be Recovery Zone Bonds $1,825,000, which receive an interest rate subsidy from the federal government. Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738343Q5 ORDINANCE NO. 2010- AUTHORIZING THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION AND REFUNDING BONDS, 2010A IN THE AMOUNT OF $[4,355,000] AND LIMITED TAX GENERAL OBLIGATION BONDS, 2010B (TAXABLE RECOVERY ZONE ECONOMIC DEVELOPMENT BONDS - DIRECT PAYMENT) IN THE AMOUNT OF $[1,825,000] 351 WHATCOM COUNTY ORDINANCE NO. Table Of Contents* Section1. Definitions.............................................................................................................4 Section 2. Authorization of Bonds......................................................................................... 8 Section 3. Registration, Exchange and Payments................................................................ 10 Section 4. Redemption and Purchase of Bonds................................................................... 15 Section5. Form of Bonds.................................................................................................... 22 Section 6. Execution of Bonds ............................................ ................................................. 26 Section 7. Application of Bond Proceeds and Redemption of the Refunded Bonds ........... 27 Section 8. Pledge of Taxes and Credit................................................................................. 30 Section 9. Defeasance.......................................................................................................... 30 Section 10. Tax Covenants and Designation......................................................................... 31 Section 11. Undertaking to Provide Ongoing Disclosure...................................................... 33 Section 12. Lost or Destroyed Bonds..................................................................................... 37 Section13. Sale of Bonds...................................................................................................... 37 Section 14. Bond Insurance................................................................................................... 38 Section15. Severability......................................................................................................... 38 Section 16. Effective Date..................................................................................................... 39 Exhibit A Form of Escrow Deposit Agreement * This Table of Contents and the cover page are not a part of the following ordinance and are included only for the convenience of the reader. -1- PA20287 CM1M20287 900 09/24/10 352 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 INTRODUCED BY: PROPOSED BY: DATE INTRODUCED: 09/28/2010 ORDINANCE NO. 2010- AN ORDINANCE OF THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, PROVIDING FOR THE ISSUANCE AND SALE OF TWO SERIES OF LIMITED TAX GENERAL OBLIGATION AND REFUNDING BONDS OF THE COUNTY IN THE AGGREGATE PRINCIPAL AMOUNT OF $ TO REFUND CERTAIN OUTSTANDING OBLIGATIONS OF THE COUNTY AND TO PROVIDE FINANCING FOR CAPITAL IMPROVEMENTS; PROVIDING THE DATE, FORM, TERMS, MATURITIES, AND REDEMPTION PROVISIONS OF THE BONDS; PROVIDING FOR THE DISPOSITION OF THE BOND PROCEEDS; PROVIDING FOR THE ANNUAL LEVY OF TAXES TO PAY THE PRINCIPAL OF AND IlVTEREST ON THE BONDS; AND AUTHORIZING THE SALE OF THE BONDS. WHEREAS, Whatcom County, Washington (the "County") has issued its Limited Tax General Obligation and Refunding Bonds, 1997 under date of March 1, 1997 in the aggregate principal amount of $9,990,000 pursuant to Ordinance No. 97-009, which remain outstanding as follows: Maturity Years (June 1) 2011 2012 (the "1997 Bonds"); and Principal Interest Amount Rate $ 1,160,000 5.20% 185,000 5.15 WHEREAS, Ordinance No. 97-009 authorizes the defeasance and redemption of the 1997 Bonds maturing on and after June 1, 2008 in advance of their scheduled maturity on June 1, 2007, in whole or in part at any time, at a price of par plus accrued interest to the date of redemption; and 353 I WHEREAS, the County has issued its Limited Tax General Obligation Bonds, 1998 2 under date of December 1, 1998 in the aggregate principal amount of $3,360,000, pursuant to 3 Ordinance No. 98-084, which remain outstanding as follows: Maturity (December 1) Principal Amounts Interest Rates 2010 $ 170,000 4.20% 2011 180,000 4.25 2012 185,000 4.30 2013 200,000 4.35 2014 200,000 4.40 2015 215,000 4.50 2018 700,000 4.70 4 5 (the "1998 Bonds"); and 6 WHEREAS, Ordinance No. 98-084 authorizes the defeasance and redemption of the 7 1998 Bonds maturing on and after December 1, 2009 in advance of their scheduled maturity on 8 December 1, 2008, in whole or in part at any time, at a price of par plus accrued interest to the 9 date of redemption; and 10 WHEREAS, it appears to the County Council (the "Council") that the 1997 Bonds and 11 the 1998 Bonds (together, the "Refunded Bonds") may be refunded at savings to the County by 12 the issuance of the limited tax general obligation refunding bonds authorized herein (the 13 "Refunding Bonds"); and 14 WHEREAS, the County has determined that it is in the best interest of the County to 15 make safety improvements at the County jail (the "Project"); and 16 WHEREAS, the County is authorized by RCW Chs.36.67 and 39.46 to incur 17 indebtedness and issue bonds for county purposes; and -2- P:\20287CMWU0287900 09/24/10 354 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 WHEREAS the County desires to issue tax-exempt limited tax general obligation bonds (the "Improvement Bonds," and together with the Refunding Bonds, the "2010A Bonds") to finance a portion of the Project; and WHEREAS, pursuant to the American Recovery and Reinvestment Act of 2009 ("ARRA") and Internal Revenue Service Notice No. 2009-50 ("Notice 2009-50"), the County has received volume cap allocation of recovery zone economic development bonds ("Recovery Zone Economic Development Bonds"), in the amount of $1,825,000; and WHEREAS proceeds of Recovery Zone Economic Development Bonds must be used to finance capital expenditures paid or incurred with respect to property located in a recovery zone, expenditures for public infrastructure and construction of public facilities, and expenditures for job training and educational programs, all of which are designed to promote economic development or other economic activity in a recovery zone, and WHEREAS, pursuant to a resolution of the Council adopted on March 30, 2010, the County has designated the geographic boundaries of the County as a "recovery zone" pursuant to Sections 1400U-1, 1400U-2, and 140OU-3 of the Internal Revenue Code of 1986, as amended ("Code"), and WHEREAS the County now desires to issue Recovery Zone Economic Development Bonds (the "2010B Bonds," and together with the 2010A Bonds, the "Bonds") to finance certain components of the Project, located in the County's designated recovery zone that qualify for financing under Sections 1400U-1, 1400U-2, and 140OU-3 of the Code, as applicable, and WHEREAS, it appears to the Council that it is in the best interest of the County that the written offer of Seattle -Northwest Securities Corporation, Seattle, Washington, to underwrite the Bonds herein authorized be accepted; -3- P:%20287 CMM0287 900 09/24/10 355 I NOW, THEREFORE, THE WHATCOM COUNTY COUNCIL DOES ORDAIN, as 2 follows: 3 Section 1. Definitions. As used in this ordinance, the following words shall have the 4 following meanings: 5 Acquired Obligations means the Government Obligations acquired by the County under 6 the terms of this ordinance and the Escrow Agreement to effect the defeasance and refunding of 7 the Refunded Bonds. 8 Bond Fund means the special fund of the County designated as the "2010 General 9 Obligation and Refunding Bond Redemption Fund" and maintained in the office of the 10 Treasurer. 11 [Bond Insurance Policy means the policy of bond insurance issued with respect to the 12 Bonds by the Insurer.] 13 Bond Register means the registration books for the Bonds, maintained by the Bond 14 Registrar, for the purpose of complying with the requirements of Section 149 of the Internal 15 Revenue Code of 1986, as amended, and listing, inter alia, the names and addresses of all 16 registered owners of Bonds. 17 Bond Registrar means the fiscal agency of the State of Washington for the purposes of 18 registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of 19 ownership of the Bonds and paying interest on and principal of the Bonds or such other entity as 20 may hereafter be appointed by the Treasurer to perform the duties of the Bond Registrar. 21 Bonds means, collectively, the 2010A Bonds and the 2010B Bonds. 22 Code means the federal Internal Revenue Code of 1986, as amended from time to time, 23 and the applicable regulations thereunder. -4- P:\20287CMVM0287900 09/24/10 356 I Commission means the Securities and Exchange Commission. 2 Council means the duly constituted County Council of Whatcom County as the general 3 legislative authority of the County. 4 County means Whatcom County, Washington, a political subdivision, duly organized and 5 existing under and by virtue of its Charter and the laws of the State of Washington. 6 DTC means The Depository Trust Company, New York, New York, a limited purpose 7 trust company organized under the laws of the State of New York, as depository for the Bonds 8 pursuant to Section 3 hereof. 9 Escrow Agent means , 10 Escrow Agreement means the Escrow Deposit Agreement to be dated as of the date of 11 closing and delivery of the Bonds substantially in the form attached hereto as Exhibit A. 12 Government Obligations means those obligations now or hereafter defined as such in 13 chapter 39.53 RCW. 14 Improvement Bonds means the tax-exempt limited tax general obligation bonds 15 authorized to be issued pursuant to this ordinance to finance a portion of the costs of the Project. 16 [Insurer means or any successor 17 thereto or assignee thereof, as issuer of a Bond Insurance Policy for the Bonds.] 18 Letter of Representation means a blanket issuer letter of representations from the County 19 to DTC. 20 MSRB means the Municipal Securities Rulemaking Board or any successor to its 21 functions. 22 Net Proceeds, when used with reference to the Bonds, means the principal amount of the 23 Bonds, plus accrued interest and original issue premium, if any, and less original issue discount. -5- P:\20287CMVM0287900 09/24/10 357 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1997 Bonds means the County's Limited Tax General Obligation and Refunding Bonds, 1997 issued under date of March 1, 1997 in the aggregate principal amount of $9,990,000, pursuant to Ordinance No. 97-009, which remain outstanding in the aggregate principal amount of $1,345,000. 1998 Bonds means the County's Limited Tax General Obligation Bonds, 1998 issued under date of December 1, 1998 in the aggregate principal amount of $3,360,000, pursuant to Ordinance No.98-084, which remain outstanding in the aggregate principal amount of $1,850,000. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the governmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. -6- P:\20287CMM20287900 09/24/10 358 I Project means the replacement of the security electronics and fire safety systems in the 2 County jail and creation of additional emergency exits in the housing areas of the facility. 3 Project Fund means the 2010 Jail Improvement Fund established by the Treasurer 4 pursuant to Section 7 hereof. 5 Recovery Zone Economic Development Bonds mean bonds issued as "Recovery Zone 6 Economic Development Bonds" as defined in Section 1400U-2 of the Code to finance a portion 7 of the costs of the Project. 8 Refunded Bonds means, collectively, the 1997 Bonds and the 1998 Bonds. 9 Refunding Bonds means the limited tax general obligation refunding bonds authorized 10 by this ordinance to be issued to refund the Refunded Bonds. 11 Registered Owner means the person in whose name a Bond is registered on the Bond 12 Register. For so long as the Bonds are held in book -entry only form, DTC shall be deemed to be 13 the sole Registered Owner. 14 Rule means the Commission's Rule 15c2-12 under the Securities Exchange Act of 1934, 15 as the same may be amended from time to time. 16 Treasurer means the Treasurer of the County. 17 20IOA Bonds means the $[4,355,000] of Whatcom County, Washington Limited Tax 18 General Obligation and Refunding Bonds, 2010A, consisting of the Improvement Bonds and the 19 Refunding Bonds, issued pursuant to this ordinance. 20 20I0B Bonds means the $[1,825,000] of Whatcom County, Washington Limited Tax 21 General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds — 22 Direct Payment), issued pursuant to this ordinance as Recovery Zone Economic Development 23 Bonds. -7- P:\20287CMM20287900 09/24/10 359 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Underwriter means Seattle -Northwest Securities Corporation, Seattle, Washington. Interpretation: In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several articles and Sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. Section 2. Authorization of Bonds. (a) 2010,4 Bonds. The County shall issue and sell the 2010A Bonds in the principal amount of $[4,355,000] for the purpose of current refunding the Refunded Bonds, paying a portion of the costs of the Project and paying costs of issuance of the 2010A Bonds. The 2010A Bonds shall be designated as "Whatcom County, Washington, Limited Tax General Obligation -O- PA20287 CMV U0287 900 09/24/10 360 1 and Refunding Bonds, 2010A" (the "2010A Bonds"), shall be dated as of their date of initial 2 delivery, shall be fully registered as to both principal and interest, shall be in the denomination of 3 $5,000 each or any integral multiple thereof, provided further that no 2010A Bond shall represent 4 more than one maturity, shall be numbered separately in such manner and with any additional 5 designation as the Bond Registrar deems necessary for purposes of identification and control, and 6 shall bear interest payable on December 1, 2010, and semiannually thereafter on the first days of 7 June and December. The 2010A Bonds shall bear interest at the following rates and mature in 8 the following years in the following principal amounts: Maturity Principal Amounts' Interest Rates December 1, 2010 $ % June 1, 2011 December 1, 2011 June 1, 2012 December 1, 2012 December 1, 2013 December 1, 2014 December 1, 2015 December 1, 2016 December 1, 2017 December 1, 2018 9 10 (b) 2010B Bonds. The County shall issue and sell the 2010B Bonds in the principal 11 amount of $[1,825,000] for the purpose of paying a portion of the costs of the Project and costs 12 of issuance of the 2010B Bonds. The 2010B Bonds shall be designated as "Whatcom County, 13 Washington, Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic 14 Development Bonds — Direct Payment)" (the "201013 Bonds"), shall be dated as of their date of 15 initial delivery, shall be fully registered as to both principal and interest, shall be in the 16 denomination of $5,000 each or any integral multiple thereof, provided further that no 2010B I Principal amounts designated with an "-R" represent Refunding Bonds. The remaining principal amounts represent Improvement Bonds. -9- P:\20287CMVVU0287900 09/24/10 361 1 2 3 4 5 6 7 8 9 10 11 12 13 Bond shall represent more than one maturity, shall be numbered separately in such manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification and control, and shall bear interest payable on June 1, 2011, and semiannually thereafter on the first days of June and December. The 2010B Bonds shall bear interest at the following rates and mature on December 1 of the following years in the following principal amounts: Maturity (December 1) Principal Amounts 2011 $ 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 Section 3. Registration, Exchange and Payments. Interest Rates (a) Bond Registrar/Bond Register. The County hereby requests that the Treasurer specify and adopt the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The County shall cause a bond register to be maintained by the Bond Registrar. So long as any Bonds remain outstanding, the Bond Registrar shall make all necessary provisions to permit the exchange or -10- P:'20287 CMVM20287 900 09/24/10 362 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 registration or transfer of Bonds at its principal corporate trust office. The Bond Registrar may be removed at any time at the option of the Treasurer upon prior notice to the Bond Registrar and a successor Bond Registrar appointed by the Treasurer. No resignation or removal of the Bond Registrar shall be effective until a successor shall have been appointed and until the successor Bond Registrar shall have accepted the duties of the Bond Registrar hereunder. The Bond Registrar is authorized, on behalf of the County, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The County and the Bond Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 11 of this ordinance), and neither the County nor the Bond Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 3(h) hereof, but such Bond may be transferred as herein provided. All such payments made as described in Section 3(h) shall be valid and shall satisfy and discharge the liability of the County upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letter of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the County has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the County nor the Bond Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or any successor depository) with respect to the Bonds in respect of the accuracy of any records P:%20287 CMM0287 900 09/24/10 363 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the County to the Bond Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully -immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder, and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds. If any Bond shall be duly presented for payment and funds have not been duly provided by the County on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. (d) Use of Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond for each series maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor of DTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the Treasurer pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. -12- PA20287 CMM0287 900 09/24/10 364 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the Treasurer to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the Treasurer may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Bond Registrar shall, upon receipt of all outstanding Bonds, together with a written request on behalf of the Treasurer, issue a single new Bond for each series and maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request of the Treasurer. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (B) the Treasurer determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully -immobilized form. The Treasurer shall deliver a written request to the Bond Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Bond Registrar of all then outstanding Bonds together with a written request on behalf of the Treasurer to the Bond Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. -1 3 - P:\20287CMM0287900 09/24/10 365 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Bond Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the Bond Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Bond Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond Registrar shall not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. (f) Bond Registrar's Ownership of Bonds. The Bond Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Bond Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The County covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. - 14- P:%20287 CMM0287 900 09/24/10 366 I (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall 2 be payable in lawful money of the United States of America. Interest on the Bonds shall be 3 calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds 4 are in fully immobilized form, payments of principal and interest thereon shall be made as 5 provided in accordance with the operational arrangements of DTC referred to in the Letter of 6 Representations. 7 In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds 8 shall be paid by check or draft mailed to the Registered Owners at the addresses for such 9 Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding 10 the interest payment date, or upon the written request of a Registered Owner of more than 11 $1,000,000 of Bonds (received by the Bond Registrar at least 15 days prior to the applicable 12 payment date), such payment shall be made by the Bond Registrar by wire transfer to the account 13 within the continental United States designated by the Registered Owner. Principal of the Bonds 14 shall be payable upon presentation and surrender of such Bonds by the Registered Owners at the 15 principal office of the Bond Registrar. 16 Section 4. Redemption and Purchase of Bonds. 17 (a) Optional Redemption. The 2010A Bonds are not subject to redemption prior to 18 their scheduled maturity. The 2010B Bonds maturing on or before December 1, 2020, inclusive, 19 are not subject to redemption prior to their stated maturities. The 2010B Bonds maturing on 20 December 1, 2021 are subject to redemption at the option of the County on and after 21 December 1, 2020, in whole or in part on any date, at a price of par plus accrued interest, if any, 22 to the date of redemption. -15- P,\20287 CMVM20287 900 09/24/10 367 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (b) Extraordinary Optional Redemption of the 2010B Bonds. The 2010B Bonds will be subject to redemption prior to their respective stated maturity dates, at the option of the County upon the occurrence of a Tax Law Change (as defined below), from any source of available funds, as a whole or in part, and if in part by lot within a maturity, in authorized denominations on any date, (i) prior to December 1, 2020 (if not called pursuant to an optional redemption as provided above), at a redemption price equal to the sum of the present value of the remaining scheduled payments of principal and interest to the maturity date of the 2010B Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which the 2010B Bonds are to be redeemed, discounted to the date on which the 2010B Bonds are to be redeemed, on a semi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Comparable Treasury Yield (defined below) plus 100 basis points; and (ii) on or after December 1, 2020, at a redemption price equal to par plus accrued interest to the date of redemption, as provided above under. Tax Law Change means legislation has been enacted by the Congress of the United States or passed by either House of the Congress, or a decision has been rendered by a court of the United States, or an order, ruling, regulation (final, temporary or proposed) or official statement has been made by or on behalf of the U.S. Department of the Treasury ("Treasury"), the Internal Revenue Service or other governmental agency of appropriate jurisdiction, the effect of which, as reasonably determined by the County, would be to suspend, reduce or terminate the timely payment from the Treasury to the County with respect to the 2010B Bonds, or to state or local government issuers generally with respect to obligations of the general character of the 2010B Bonds, pursuant to Sections 54AA or 6431 of the Code, of an amount equal to at least 45 percent of the interest due thereon on each interest payment date ("Subsidy Payments"); -1 6- P_\20287 CMVUN20287 900 09/24/10 368 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 provided, that such suspension, reduction or termination of the Subsidy Payments is not due to a failure by the County to comply with the requirements under the Code to receive such Subsidy Payments. Comparable Treasury Yield means the yield which represents the weekly average yield to maturity for the preceding week appearing in the most recently published statistical release designated "H.15(519) Selected Interest Rates" under the heading "Treasury Constant Maturities," or any successor publication selected by the Independent Banking Institution that is published weekly by the Board of Governors of the Federal Reserve System and that establishes yields on actively traded United States Treasury securities adjusted to constant maturity, for the maturity corresponding to the remaining term to maturity of the 2010B Bond being redeemed. The Comparable Treasury Yield will be determined as of the third business day immediately preceding the applicable date fixed for redemption. If the H.15(519) statistical release sets forth a weekly average yield for United States Treasury securities that have a constant maturity that is the same as the remaining term to maturity of the 2010B Bond being redeemed, then the Comparable Treasury Yield will be equal to such weekly average yield. In all other cases, the Comparable Treasury Yield will be calculated by interpolation on a straight-line basis, between the weekly average yields on the United States Treasury securities that have a constant maturity (a) closest to and greater than the remaining term to maturity of the 2010B Bond being redeemed; and (b) closest to and less than the remaining term to maturity of the 2010B Bond being redeemed. Any weekly average yields calculated by interpolation will be rounded to the nearest 1 / 100th of 1 %, with any figure of 1 /200th of 1 % or above being rounded upward (c) Selection of 2010B Bonds for Redemption. As long as the 2010B Bonds are held in book -entry only form, the selection of 2010B Bonds within a series and maturity to be - 1 7- P:\20287CMW\20287900 09/24/10 369 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 redeemed shall be made in accordance with the operational arrangements in effect at DTC. If the 2010B Bonds are no longer held in uncertificated form, the selection of such 2010B Bonds to be redeemed shall be made as provided in this subsection (c). If the County redeems at any one time fewer than all of the 2010B Bonds having the same series and maturity date, the particular 2010B Bonds or portions of 2010B Bonds of such series and maturity to be redeemed shall be selected by lot (or in such other manner determined by the Treasurer) in increments of $5,000. In the case of a 2010B Bond of a denomination greater than $5,000, the County and Bond Registrar shall treat each 2010B Bond as representing such number of separate 2010B Bonds each of the denomination of $5,000 as is obtained by dividing the actual principal amount of such 2010B Bond by $5,000. In the event that only a portion of the principal sum of a 2010B Bond is redeemed, upon surrender of such 2010B Bond at the principal office of the Bond Registrar there shall be issued to the Registered Owner, without charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of the Registered Owner, a 2010B Bond or 2010B Bonds of like series, maturity and interest rate in any of the denominations herein authorized. If 2010B Bonds are called for redemption, portions of the principal amount of such 2010B Bonds, in installments of $5,000 or any integral multiple of $5,000, may be redeemed. If less than all of the principal amount of any 2010B Bond is redeemed, upon surrender of such 2010B Bond at the principal office of the Bond Registrar there shall be issued to the registered owner, without charge therefor, for the then unredeemed balance of the principal amount thereof, a new 2010B Bond or 2010B Bonds, at the option of the Registered Owner, of like series, maturity and interest rate in any denomination authorized by this ordinance. (d) Purchase of Bonds. The County reserves the right to purchase any of the Bonds offered to it at any time at a price deemed reasonable by the County Treasurer. -18- P120287 CMVd120287 900 09/24/10 370 I (e) Notice of Redemption 2 (1) Official Notice. Unless waived by any owner of 2010B Bonds to be 3 redeemed, official notice of any such redemption, which notice may be conditional, shall be 4 given by the Bond Registrar on behalf of the County by mailing a copy of an official redemption 5 notice by first class mail at least 20 days and not more than 60 days prior to the date fixed for 6 redemption to the Registered Owner of the 2010B Bond or 2010B Bonds to be redeemed at the 7 address shown on the Bond Register or at such other address as is furnished in writing by such 8 registered owner to the Bond Registrar. 9 All official notices of redemption shall be dated and shall state: 10 (A) the redemption date, 11 (B) the redemption price, 12 (C) if fewer than all outstanding 2010B Bonds are to be redeemed, the 13 identification by series and maturity (and, in the case of partial redemption, the respective 14 principal amounts) of the 2010B Bonds to be redeemed, 15 (D) that (unless the notice of redemption is a conditional notice, in 16 which case the notice shall state that interest shall cease to accrue from the redemption date if 17 and to the extent that funds have been provided to the Bond Registrar for the redemption of 18 2010B Bonds) on the redemption date the redemption price will become due and payable upon 19 each such 2010B Bond or portion thereof called for redemption, and that interest thereon shall 20 cease to accrue from and after said date, and 21 (E) the place where such 2010B Bonds are to be surrendered for 22 payment of the redemption price, which place of payment shall be the principal office of the 23 Bond Registrar. - 1 9- P:\20287 CMW120287 900 09/24/10 371 I On or prior to any redemption date, the County shall deposit with the Bond Registrar an 2 amount of money sufficient to pay the redemption price of all the 2010B Bonds or of portions of 3 201013 Bonds which are to be redeemed on that date. 4 (2) Effect of Notice; Bonds Due. Unless the County has revoked a notice of 5 redemption (or unless the County provided a conditional notice and the conditions for 6 redemption set forth therein are not satisfied), official notice of redemption having been given as 7 aforesaid, the 2010B Bonds or portions of 2010B Bonds so to be redeemed shall, on the 8 redemption date, become due and payable at the redemption price therein specified, and from and 9 after such date (unless the County shall default in the payment of the redemption price) such 10 2010B Bonds or portions of 2010B Bonds shall cease to bear interest. Upon surrender of such 11 2010B Bonds for redemption in accordance with said notice, such 201013 Bonds shall be paid by 12 the Bond Registrar at the redemption price. Installments of interest due on or prior to the 13 redemption date shall be payable as herein provided for payment of interest. Upon surrender for 14 any partial redemption of any 2010B Bond, there shall be prepared for the Registered Owner a 15 new 2010B Bond or 201 CIB Bonds of the same series and maturity in the amount of the unpaid 16 principal. All 2010B Bonds which have been redeemed shall be canceled and destroyed by the 17 Bond Registrar and shall not be reissued. 18 (3) Additional Notice. In addition to the foregoing notice, further notice may 19 be given by the County as set out below, but no defect in said further notice nor any failure to 20 give all or any portion of such further notice shall in any manner defeat the effectiveness of a call 21 for redemption if notice thereof is given as above prescribed. Each further notice of redemption 22 given hereunder shall contain the information required above for an official notice of redemption 23 plus (A) the CUSIP numbers of all 2010B Bonds being redeemed; (B) the date of issue of the -20- PA20287 CM1 U0287 900 09/24/10 372 1 2 3 4 5 6 7 8 9 10 11 12 13 14 2010B Bonds as originally issued; (C) the rate of interest, if any, borne by each 2010B Bond being redeemed; (D) the maturity date of each Bond being redeemed; and (E) any other descriptive information needed to identify accurately the 2010B Bonds being redeemed. Each further notice of redemption may be sent at least 35 days before the redemption date to each party entitled to receive notice pursuant to Section 11. (4) CUSIP Number. Upon the payment of the redemption price of 2010B Bonds being redeemed, each check or other transfer of funds issued for such purpose shall bear the CUSIP number identifying, by issue and maturity, the 2010B Bonds being redeemed with the proceeds of such check or other transfer. (5) Amendment of Notice Provisions. The foregoing notice provisions of this Section 4, including but not limited to the information to be included in redemption notices and the persons designated to receive notices, may be amended by additions, deletions and changes in order to maintain compliance with duly promulgated regulations and recommendations regarding notices of redemption of municipal securities. -21 - P:U0287_CMVVU0287 900 09/24/10 373 1 2 3 4 5 6 NO. Section 5. Form of Bonds. (a) 2010A Bonds. The 2010A Bonds shall be in substantially the following form: [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA STATE OF WASHINGTON WHATCOM COUNTY LIMITED TAX GENERAL OBLIGATION AND REFUNDING BOND, 2010A INTEREST RATE: MATURITY DATE: REGISTERED OWNER: CEDE & Co. PRINCIPAL AMOUNT: CUSIP NO.: WHATCOM COUNTY, WASHINGTON (the "County"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from October , 2010, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on the first days of each June and December, commencing on December 1, 2010. Both principal of and interest on this bond are payable in lawful money of the United States of America. For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the County to DTC. Initially, the County's Treasurer has specified and adopted the registration system for the bonds of this issue specified by the State Finance Committee, and the fiscal agency of the State will act as registrar, paying agent and authenticating agent (the "Bond Registrar"). This bond is one of an authorized issue of bonds of like date and tenor, except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of $ , and is issued to refund outstanding limited tax general obligation bonds of the County and pay a portion of the costs of capital improvements to County facilities. Simultaneously herewith, the County is issuing its Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds — Direct Payment) in the principal amount of $ The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and ordinances duly adopted by the County Council, including Ordinance No. 2010- of the County Council (the "Bond Ordinance"). -22- RQ0287 CMM0287 900 09/24/10 374 45 The bonds of this issue are not subject to optional redemption prior to their stated maturities. The bonds of this issue are not "private activity bonds" as such term is defined in the Internal Revenue Code of 1986, as amended (the "Code"). The County has designated the bonds of this issue as qualified tax-exempt obligations under Section 265(b) of the Code for banks, thrift institutions and other financial institutions. The County hereby irrevocably covenants that it will levy taxes annually upon all the taxable property in the County within and as a part of the tax levy permitted to the County without a vote of the electors in amounts sufficient, with other monies legally available therefor, to pay the principal of and interest on the bonds of this issue as the same shall become due. The full faith, credit and resources of the County are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies may be discharged prior to maturity of the bonds of this issue by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the County may incur. IN WITNESS WHEREOF, Whatcom County, Washington has caused this bond to be executed by the facsimile signatures of the Chair and Clerk of its County Council as of this day of October, 2010. WHATCOM COUNTY, WASH1114GTON By Is/ facsimile Chair, County Council ATTEST: Is/ facsimile Clerk, County Council The Bond Registrar's Certificate of Authentication on the 2010A Bonds shall be in substantially the following form: -23- PA20287 CMWM20287 900 09/24/10 375 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 CERTIFICATE OF AUTHENTICATION Date of Authentication: This bond is one of the bonds described in the within -mentioned Bond Ordinance and is one of the Limited Tax General Obligation and Refunding Bonds, 2010A of Whatcom County, dated October , 2010. WASHINGTON STATE FISCAL AGENCY as Bond Registrar Authorized Officer (b) 2010B Bonds. The 2010B Bonds shall be in substantially the following form: [STATEMENT OF INSURANCE] UNITED STATES OF AMERICA NO. STATE OF WASHINGTON WHATCOM COUNTY LIMITED TAX GENERAL OBLIGATION BOND, 2010B (TAXABLE RECOVERY ZONE ECONOMIC DEVELOPMENT BOND — DIRECT PAYMENT) INTEREST RATE: MATURITY DATE: REGISTERED OWNER: CEDE & Co. PRINCIPAL AMOUNT: CUSIP NO.: WHATCOM COUNTY, WASHINGTON (the "County"), hereby acknowledges itself to owe and for value received promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from October , 2010, or the most recent date to which interest has been paid or duly provided for until payment of this bond at the Interest Rate set forth above, payable on the first days of each June and December, commencing on June 1, 2011. Both principal of and interest on this bond are payable in lawful money of the United States of America. For so long as the bonds of this issue are held in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of The Depository Trust Company ("DTC") referred to in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the County to DTC. Initially, the County's Treasurer has specified and adopted the registration system for the bonds of this issue -24- P:\20287CMM0287900 09/24/10 376 specified by the State Finance Committee, and the fiscal agency of the State will act as registrar, paying agent and authenticating agent (the "Bond Registrar"). This bond is one of an authorized issue of bonds of like date and tenor, except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of $ , and is issued to fund capital improvements to County facilities. Simultaneously herewith, the County is issuing its Limited Tax General Obligation and Refunding Bonds, 2010A in the principal amount of $ The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and ordinances duly adopted by the County Council, including Ordinance No. 2010- of the County Council (the "Bond Ordinance"). The bonds of this issue are subject to optional redemption and extraordinary optional redemption prior to their stated maturities as described in the Bond Ordinance. The County hereby irrevocably covenants that it will levy taxes annually upon all the taxable property in the County within and as a part of the tax levy permitted to the County without a vote of the electors in amounts sufficient, with other monies legally available therefor, to pay the principal of and interest on the bonds of this issue as the same shall become due. The full faith, credit and resources of the County are hereby irrevocably pledged for the annual levy and collection of such taxes and the prompt payment of such principal and interest. The pledge of tax levies may be discharged prior to maturity of the bonds of this issue by making provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Bond Registrar. It is hereby certified that all acts, conditions and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done and performed precedent to and in the issuance of this bond have happened, been done and performed and that the issuance of this bond and the bonds of this issue does not violate any constitutional, statutory or other limitation upon the amount of bonded indebtedness that the County may incur. -25- P:\20287CMW\20287900 09/24/10 377 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 IN WITNESS WHEREOF, Whatcom County, Washington has caused this bond to be executed by the facsimile signatures of the Chair and Clerk of its County Council as of this day of October, 2010. WHATCOM COUNTY, WASHINGTON /s/ facsimile Chair, County Council ATTEST: /s/ facsimile Clerk, County Council The Bond Registrar's Certificate of Authentication on the 2010B Bonds shall be in substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: This bond is one of the bonds described in the within -mentioned Bond Ordinance and is one of the Limited Tax General Obligation Bonds, 2010B (Taxable Recovery Zone Economic Development Bonds — Direct Payment) of Whatcom County, dated October , 2010. WASHINGTON STATE FISCAL AGENCY as Bond Registrar am Authorized Officer Section 6. Execution of Bonds. The Bonds shall be executed on behalf of the County with the manual or facsimile signature of the Chair of the Council, attested by the manual or facsimile signature of the Clerk of the Council. In case either or both of the officers who have signed or attested any of the Bonds cease to be such officer before such Bonds have been actually issued and delivered, such Bonds shall be valid nevertheless and may be issued by the County with the same effect as though the persons who had signed or attested such Bonds had not ceased -26- P:\20287CMVVU0287900 09/24/10 378 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 to be such officers, and any Bond may be signed or attested on behalf of the County by officers who at the date of actual execution of such Bond are the proper officers, although at the nominal date of execution of such Bond such officer was not an officer of the County. Only Bonds that bear a Certificate of Authentication in the form set forth in Section 5, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered and are entitled to the benefits of this ordinance. Section 7. Application of Bond Proceeds and Redemption of the Refunded Bonds. (a) Project Fund. The Treasurer has heretofore established a special fund of the County designated as the Fund" (the "Project Fund"). The proceeds of sale of the Improvement Bonds and the 2010B Bonds shall be deposited in the Project Fund and shall be expended solely to pay the cost of issuing and selling the Improvement Bonds and the 2010B Bonds and, together with other available moneys of the County, shall be used to pay the costs of the Project. Money in the Project Fund shall be invested by the Treasurer, pending disbursement, in any legal investment for County funds. (b) Refunding Plan. The proceeds of sale of the Refunding Bonds shall be delivered to the Escrow Agent for the purpose of defeasing the Refunded Bonds and paying related costs of issuance. Money received by the Escrow Agent from the Refunding Bond proceeds and other money provided by the County shall be used immediately by the Escrow Agent upon receipt thereof in accordance with the terms of the Escrow Agreement to defease the Refunded Bonds as authorized by Ordinance Nos. 97-009 and 98-084 and pay costs of issuance of the Refunding -27- P:\20287CMVVU0287900 09/24/10 379 1 Bonds. The County shall defease the Refunded Bonds and discharge such obligations by the use 2 of money deposited with the Escrow Agent to purchase certain Government Obligations (which 3 obligations so purchased, are herein called "Acquired Obligations"), bearing such interest and 4 maturing as to principal and interest in such amounts and at such times which, together with any 5 necessary beginning cash balance, will provide for the payment of. 6 (1) Interest on the Refunded Bonds which will become due on November 24, 7 2010; and 8 (2) The redemption price (100% of the principal amount thereof) on 9 November 24, 2010, of the Refunded Bonds. 10 Such Acquired Obligations shall be purchased at a yield not greater than the yield 11 permitted by the Code and regulations relating to acquired obligations in connection with 12 refunding bond issues. 13 The County hereby appoints the corporate trust department of , 14 , as the Escrow Agent for the Refunded Bonds (the "Escrow Agent"). 15 A beginning cash balance, if any, and Acquired Obligations shall be deposited irrevocably with 16 the Escrow Agent in an amount sufficient to defease the Refunded Bonds. The proceeds of the 17 Refunding Bonds remaining after acquisition of the Acquired Obligations and provision for the 18 necessary beginning cash balance shall be utilized to pay expenses of the acquisition and 19 safekeeping of the Acquired Obligations and expenses of the issuance of the Refunding Bonds. 20 (c) Escrow Agreement. The Treasurer is authorized and directed to execute and 21 deliver to the Escrow Agent an Escrow Agreement substantially in the form attached to this 22 ordinance as Exhibit A, with such changes or modifications as the Treasurer, with the advice of 23 bond counsel to the County, consider necessary or advisable. -28- P:%20287 CMVM20287 900 09/24/10 380 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 The County hereby irrevocably sets aside for and pledges to the payment of the Refunded Bonds the moneys and obligations to be deposited with the Escrow Agent pursuant to the Escrow Agreement to accomplish the plan of refunding and defeasance of the Refunded Bonds set forth herein and in the Escrow Agreement. (d) Redemption of the Refunded Bonds. The County hereby irrevocably calls for redemption on November 24, 2010, the Refunded Bonds in accordance with Ordinance Nos. 97-009 and 98-084. Such call for redemption shall be irrevocable upon the delivery of the 2010A Bonds to the initial purchasers thereof and delivery of the Acquired Obligations and other funds specified herein to the Escrow Agent. The Escrow Agent is hereby authorized and directed to pay to the fiscal agency or agencies of the State of Washington, sums sufficient to pay, when due, the payments specified in subparagraphs (1) and (2) of subsection (b) above. All such sums shall be paid from the monies and Acquired Obligations deposited with said Escrow Agent and the income therefrom and proceeds thereof. All moneys and Acquired Obligations deposited with said Escrow Agent and any income therefrom shall be held, invested and applied in accordance with the provisions of this ordinance and with the laws of the State of Washington for the benefit of the County and holders of the Refunded Bonds. The County will take such actions as are found necessary to see that all necessary and proper fees, compensation and expenses of the Escrow Agent for the Refunded Bonds shall be paid when due. The Escrow Agent, acting in concert with the Treasurer, is hereby authorized and directed to provide for the giving of notice of the redemption of such Refunded Bonds in accordance with -29- P:\20287CMM0287900 09/24/10 381 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 the provisions of Ordinance Nos. 97-009 and 98-084. The costs of giving such notice shall be an expense of the County. (e) Finding of Defeasance. The Council hereby finds and determines that the moneys and Acquired Obligations to be deposited with the Escrow Agent to pay the principal and interest due and to become due on the Refunded Bonds are sufficient to pay such amounts and will discharge and satisfy the obligations of the County under Ordinance Nos. 97-009 and 98-084 and the pledges, charges, trusts, covenants and agreements of the County therein made. The Refunded Bonds shall be deemed to be defeased and no longer outstanding immediately upon the deposit of such moneys and Acquired Obligations with the Escrow Agent. Section 8. Pledge of Taxes and Credit. The Treasurer is hereby authorized to establish a special fund of the County to be designated as the 2010 General Obligation and Refunding Bond Redemption Fund (the "Bond Fund"). On or before each date on which a payment of principal of and interest on the Bonds is due and payable, the Treasurer shall deposit the amount necessary to make such principal and/or interest payment into the Bond Fund and shall remit the same to the Bond Registrar for the purpose of making such payment. The County hereby irrevocably covenants that, unless the principal of and interest on the Bonds are paid from other sources, it will make annual levies of taxes within and as a part of the tax levy permitted to the County without a vote of its electors upon all of the property in the County subject to taxation in amounts sufficient to pay such principal and interest as the same shall become due. The full faith, credit and resources of the County are hereby irrevocably pledged for the annual levy and collection of such taxes and for the prompt payment of such principal and interest. Section 9. Defeasance. In the event that money and/or Government Obligations maturing at such time or times and bearing interest to be earned thereon in amounts (together -30- P:\20287CMVVU0287900 09/24/10 382 1 with such money, if necessary) sufficient to redeem and retire part or all of the Bonds in 2 accordance with their terms, are set aside in a special account of the County to effect such 3 redemption and retirement, and such moneys and the principal of and interest on such obligations 4 are irrevocably set aside and pledged for such purpose, then no further payments need be made 5 into the Bond Fund for the payment of the principal of and interest on the Bonds so provided for, 6 and such Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except 7 the right to receive the moneys so set aside and pledged, and such Bonds shall be deemed not to 8 be outstanding hereunder. 9 Within 60 days of any defeasance of Bonds the Bond Registrar shall provide notice of 10 defeasance of Bonds to Registered Owners and to each parry entitled to receive notice in 11 accordance with Section 11 of this ordinance. 12 Section 10. Tax Covenants and Designation. 13 (a) Arbitrage Covenant. The County hereby covenants that it will not make any use 14 of the proceeds of sale of the Bonds or any other funds of the County which may be deemed to be 15 proceeds of such Bonds pursuant to Section 148 of the Code which will cause the Bonds to be 16 "arbitrage bonds" within the meaning of said section and said Regulations. The County will 17 comply with the requirements of Section 148 of the Code (or any successor provision thereof 18 applicable to the Bonds) and the applicable Regulations thereunder throughout the term of the 19 Bonds. 20 (b) Private Person Use Limitation for Bonds. The County covenants that for as long 21 as the Bonds are outstanding, it will not permit: 22 (1) More than 10% of the Net Proceeds of the Bonds to be used for any 23 Private Person Use; and -3 1- PA20287 CM=20287 900 09/24/10 383 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the County) in respect of property, or borrowed money, used or to be used for any Private Person Use. The County further covenants that, if. (3) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the County) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the project financed or refinanced with Bond proceeds, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the projects to which the Private Person Use of such portion of such project relates. The County further covenants that it will comply with any limitations on the use of the projects by other than state and local governmental users that are necessary, in the opinion -32- PA20287 CM U0287 900 09/24/10 384 I of its bond counsel, to comply with the requirements of the Code. The covenants of this section 2 are specified solely to assure compliance with the Code. 3 (c) Recovery Zone Economic Development Bonds Status. The County further 4 covenants not to take any action, or knowingly to omit to take any action within its control, that if 5 taken or omitted would cause the 2010B Bonds to lose their status as Recovery Zone Economic 6 Development Bonds. 7 (3) 2010A Bonds Designated "Qualified Tax -Exempt Obligations. " The County 8 hereby designates the 2010A Bonds as "qualified tax-exempt obligations" for purchase by 9 financial institutions pursuant to Section 265 of the Code. The County does not anticipate 10 issuing more than $30,000,000 in qualified tax-exempt obligations during 2010 (excluding 11 obligations permitted by the Code to be excluded for purposes of the County's qualification as a 12 qualified small issuer). 13 Section 11. Undertaking to Provide Ongoing Disclosure. 14 (a) Contract/Undertaking. This section constitutes the County's written undertaking 15 for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule. 16 (b) Financial Statements/Operating Data. The County agrees to provide or cause to 17 be provided to the Municipal Securities Rulemaking Board ("MSRB"), the following annual 18 financial information and operating data for the prior fiscal year (commencing in 2011 for the 19 fiscal year ended December 31, 2010): 20 1. Annual financial statements, which statements may or may not be audited, 21 showing ending fund balances for the County's general fund prepared in accordance with the 22 Budgeting Accounting and Reporting System prescribed by the Washington State Auditor 23 pursuant to RC W 43.09.200 (or any successor statute) and generally of the type included in the -33- P:\20287CMW\20287900 09/24/10 385 I official statement for the Bonds under the heading "Comparative General Fund Statement of 2 Revenues, Expenditures and Changes in Fund Balance"; 3 2. The assessed valuation of taxable property in the County; 4 3. Ad valorem taxes due and percentage of taxes collected; 5 4. Property tax levy rate per $1,000 of assessed valuation; and 6 5. Outstanding general obligation debt of the County. 7 Items 2-5 shall be required only to the extent that such information is not included in the annual 8 financial statements. 9 The information and data described above shall be provided on or before nine months 10 after the end of the County's fiscal year. The County's current fiscal year ends December 31. 11 The County may adjust such fiscal year by providing written notice of the change of fiscal year to 12 the MSRB. In lieu of providing such annual financial information and operating data, the County 13 may cross-refer to other documents available to the public on the MSRB's internet website. 14 If not provided as part of the annual financial information discussed above, the County 15 shall provide the County's audited annual financial statement prepared in accordance with the 16 Budgeting Accounting and Reporting System prescribed by the Washington State Auditor 17 pursuant to RCW 43.09.200 (or any successor statute) when and if available to the MSRB. 18 (c) Material Events. The County agrees to provide or cause to be provided, in a 19 timely manner, to the MSRB notice of the occurrence of any of the following events with respect 20 to the Bonds, if material: 21 • Principal and interest payment delinquencies; 22 • Non-payment related defaults; 23 • Unscheduled draws on debt service reserves reflecting financial difficulties; -34- P:\20287CMW\20287900 09/24/10 386 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions or events affecting the tax-exempt status of the Bonds; • Modifications to the rights of Bond owners; • Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking fund redemptions for which notice is given pursuant to Exchange Act Release 34-23856); • Defeasances; • Release, substitution or sale of property securing repayment of the Bonds; and • Rating changes. Solely for purposes of disclosure, and not intending to modify this undertaking, the County advises that no debt service reserves, credit enhancement or property secures payment of the Bonds. (d) Notification Upon Failure to Provide Financial Data. The County agrees to provide or cause to be provided, in a timely manner to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (e) Emma; Format for Filings with the MSRB. Until otherwise designated by the MSRB or the Commission, any information or notices submitted to the MSRB in compliance with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access system ("EMMA"), currently located at www.emma.msrb.org. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an -35- P:%20287 CMVVQ0287 900 09/24/10 387 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 electronic format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifying information as prescribed by the MSRB. (f) Termination/Modification. The County's obligations to provide annual financial information and notices of material events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the County (1) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The County may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the County shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the County. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a material event under Subsection (c), and (ii) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the County's obligations under this section, and any failure by the -36- P:\20287CMVM0287900 09/24/10 388 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 County to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding Bonds through nominees or depositories. (h) No Default. The County is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. Section 12. Lost or Destroyed Bonds. If any Bonds are lost, stolen or destroyed, the Bond Registrar may authenticate and deliver a new Bond or Bonds of like amount, maturity and tenor to the Registered Owner upon the owner paying the expenses and charges of the Bond Registrar and the County in connection with preparation and authentication of the replacement Bond or Bonds and upon his or her filing with the Bond Registrar and the County evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his or her ownership, and upon furnishing the County and the Bond Registrar with indemnity satisfactory to both. Section 13. Sale of Bonds. The Bonds shall be sold by negotiated sale to the Underwriter, under the terms and conditions thereof as provided in its purchase contract presented to the Council on this date and in this ordinance. Said purchase contract is hereby in all respects accepted and approved, and either the County Executive or the Chair of the Council is authorized to execute the purchase contract on behalf of the County. The County Executive is hereby authorized to review and approve on behalf of the County the preliminary and final Official Statements relative to the Bonds with such additions and changes as may be deemed necessary or advisable to him. The Preliminary Official Statement for the Bonds, is hereby deemed final for purposes of the Rule. The proper County -37- P:%20287 CMM0287 900 09/24/10 389 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 officials are hereby authorized and directed to do everything necessary for the prompt execution and delivery of the Bonds to the Underwriter and for the proper application and use of the proceeds of sale thereof. [Section 14. Bond Insurance. In accordance with the offer of the Underwriter to purchase the Bonds, the Council hereby approves the commitment of the Insurer to provide a bond insurance policy guaranteeing the payment when due of principal of and interest on the Bonds (the "Bond Insurance Policy"). The Council further authorizes and directs all proper officers, agents, attorneys and employees of the County to cooperate with the Insurer in preparing such additional agreements, certificates, and other documentation on behalf of the County as shall be necessary or advisable in providing for the Bond Insurance Policy.] Section 15. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the County shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. -3 8- P:Q0287 CMW\20287 900 09/24/10 390 1 Section 16. Effective Date. This ordinance shall become effective immediately upon 2 1 its adoption. 3 ADOPTED this 12th day of October, 2010. ATTEST: COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON Chair Councilmember Councilmember Councilmember Councilmember Councilmember Councilmember APPROVED DENIED Clerk of the County Council County Executive Dated as of: .2010 -39- P:\20287CMM20287900 09/24/10 391 CERTIFICATE I, the undersigned, Clerk of the County Council of Whatcorn County, Washington, (the "County") and keeper of the records of the County Council ("Council"), DO HEREBY CERTIFY: 1. That the attached ordinance is a true and correct copy of Ordinance No. 2010- of the Council (herein called the "Ordinance"), duly adopted at a regular meeting thereof held on the 12th day of October, 2010. 2. That said meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such regular meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the adoption of the Ordinance; that all other requirements and proceedings incident to the proper adoption of the Ordinance have been duly fulfilled, carried out and otherwise observed; and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 121h day of October, 2010. Clerk, County Council P:V0287 CMVM20287 900 09/24/10 392 EXHIBIT A ESCROW DEPOSIT AGREEMENT WHATCOM COUNTY, WASHINGTON LIMITED TAX GENERAL OBLIGATION AND REFUNDING BONDS, 2010A THIS ESCROW AGREEMENT, dated as of October _, 2010 (herein, together with any amendments or supplements hereto, called the "Agreement") is entered into by and between Whatcom County, Washington (herein called the "County") and , as escrow agent (herein, together with any successor in such capacity, called the "Escrow Agent"). The notice addresses of the County and the Escrow Agent are shown on Exhibit A attached hereto and made a part hereof. WITNESSETH: WHEREAS, the County heretofore has issued and there presently remain outstanding the obligations described in Exhibit B attached hereto (the "Refunded Bonds"); and WHEREAS, pursuant to Ordinance No. 2010- adopted on October 12, 2010, (the "Bond Ordinance"), the County has determined to issue its Limited Tax General Obligation and Refunding Bonds, 2010A (the "2010A Bonds"); and WHEREAS, a portion of the proceeds of the 2010A Bonds together with a cash contribution from the County are being used for the purpose of providing funds to pay the costs of refunding the Refunded Bonds; and WHEREAS, the Escrow Agent has reviewed the Bond Ordinance and this Agreement, and is willing to serve as Escrow Agent hereunder; and WHEREAS, pursuant to the Bond Ordinance, the Refunded Bonds have been designated for redemption prior to their scheduled maturity dates and, after provision is made for such redemption, the Refunded Bonds will come due on November 24, 2010 (the "Call Date") as set forth in Exhibit C attached hereto and made a part hereof; and WHEREAS, the County desires that, concurrently with the delivery of the 2010A Bonds to the purchasers thereof, a portion of the proceeds of the 2010A Bonds, together with certain other available funds of the County, shall be applied to purchase certain direct obligations of the United States of America hereinafter defined as the "Escrowed Securities" for deposit to the credit of the Escrow Fund created pursuant to the terms of this Agreement and to establish a beginning cash balance (if needed) in such Escrow Fund; NOW, THEREFORE, in consideration of the mutual undertakings, promises and agreements herein contained, the sufficiency of which hereby are acknowledged, and to secure the full and timely payment of principal of and the interest on the Refunded Bonds, the County A-1 PA20287 CMVM20287 900 09/24/10 393 and the Escrow Agent mutually undertake, promise and agree for themselves and their respective representatives and successors, as follows: Article 1. Definitions Section 1.1. Definitions. Unless the context clearly indicates otherwise, the following terms shall have the meanings assigned to them below when they are used in this Agreement: Escrow Fund means the fund created by this Agreement to be established, held and administered by the Escrow Agent pursuant to the provisions of this Agreement. Escrowed Securities means the noncallable Government Obligations described in Annex D attached to this Agreement, or cash or other noncallable obligations substituted therefor pursuant to Section 4.2 of this Agreement. Paying Agent means the fiscal agency of the State of Washington, as the paying agent for the Refunded Bonds, or any other fiscal agency appointed by the Treasurer. Treasurer means the Whatcom County Treasurer, or any successor to the functions of the Treasurer. Section 1.2. Other Definitions. The terms "Agreement," "County," "Escrow Agent," "Bond Ordinance," "Refunded Bonds," and "2010A Bonds" when they are used in this Agreement, shall have the meanings assigned to them in the preamble to this Agreement. Section 1.3. Interpretations. The titles and headings of the articles and sections of this Agreement have been inserted for convenience and reference only and are not to be considered a part hereof and shall not in any way modify or restrict the terms hereof. This Agreement and all of the terms and provisions hereof shall be liberally construed to effectuate the purposes set forth herein and to achieve the intended purpose of providing for the refunding of the Refunded Bonds in accordance with applicable law. Article 2. Deposit of Funds and Escrowed Securities Section 2.1. Deposits in the Escrow Fund. Concurrently with the sale and delivery of the 2010A Bonds the County shall deposit, or cause to be deposited, with the Escrow Agent, for deposit in the Escrow Fund, the funds sufficient to purchase the Escrowed Securities and pay costs of issuance described in Exhibit D A-2 PA20287 CMW120287 900 09/24/10 394 attached hereto, and the Escrow Agent shall, upon the receipt thereof, acknowledge such receipt to the County in writing. Article 3. Creation and Operation of Escrow Fund Section 3.1. Escrow Fund. The Escrow Agent has created on its books a special trust fund and irrevocable escrow to be known as the Escrow Fund. The Escrow Agent hereby agrees that upon receipt thereof it will deposit to the credit of the Escrow Fund the funds and the Escrowed Securities described in Exhibit D attached hereto. Such deposit, all proceeds therefrom, and all cash balances from time to time on deposit therein (a) shall be the property of the Escrow Fund, (b) shall be applied only in strict conformity with the terms and conditions of this Agreement, and (c) are hereby irrevocably pledged to the payment of the principal of and interest on the Refunded Bonds, which payment shall be made by timely transfer of such amounts as provided for in Section 3.2 hereof. When the final transfer has been made for the payment of such principal of and interest on the Refunded Bonds, any balance then remaining in the Escrow Fund shall be transferred to the County, and the Escrow Agent shall thereupon be discharged from any further duties hereunder. Section 3.2. Payment of Principal and Interest. The Escrow Agent is hereby irrevocably instructed to transfer to the Paying Agent from the cash balances on deposit in the Escrow Fund, the amounts required to pay the principal of the Refunded Bonds on the Call Date and interest thereon to the Call Date as shown in Exhibit C attached hereto. Section 3.3. Sufficiency of Escrow Fund. The County represents that, based upon the information provided by Seattle -Northwest Securities Corporation, the receipt of the principal of and interest on the Escrowed Securities will assure that the cash balance on deposit from time to time in the Escrow Fund will be at all times sufficient to provide moneys for transfer to the Paying Agent to pay the interest on and redemption price (100%) of the Refunded Bonds on the Call Date, all as more fully set forth in Exhibit E attached hereto. If, for any reason, at any time, the cash balances on deposit or scheduled to be on deposit in the Escrow Fund shall be insufficient to transfer the amounts required by the Paying Agent to make the payments set forth in Section 3.2. hereof, the County shall timely deposit in the Escrow Fund, from any funds that are lawfully available therefor, additional funds in the amounts required to make such payments. Notice of any such insufficiency shall be given promptly as hereinafter provided, but the Escrow Agent shall not in any manner be responsible for any insufficiency of funds in the Escrow Fund or the County's failure to make additional deposits thereto. A-3 P120287 CMW%20287 900 09/24/10 395 Section 3.4. Trust Fund. The Escrow Agent shall hold at all times the Escrow Fund, the Escrowed Securities and all other assets of the Escrow Fund, wholly segregated from all other funds and securities on deposit with the Escrow Agent; it shall never allow the Escrowed Securities or any other assets of the Escrow Fund to be commingled with any other funds or securities of the Escrow Agent; and it shall hold and dispose of the assets of the Escrow Fund only as set forth herein. The Escrowed Securities and other assets of the Escrow Fund shall always be maintained by the Escrow Agent as trust funds for the benefit of the owners of the Refunded Bonds; and a special account thereof shall at all times be maintained on the books of the Escrow Agent. The amounts received by the Escrow Agent under this Agreement shall not be considered as a banking deposit by the County, and the Escrow Agent shall have no right to title with respect thereto except as a trustee and Escrow Agent under the terms of this Agreement. Article 4. Limitation on Investments Section 4.1. Investments. Except for the initial investment in the Escrowed Securities, and except as provided in Section 4.2 hereof, the Escrow Agent shall not have any power or duty to invest or reinvest any money held hereunder, or to make substitutions of the Escrowed Securities, or to sell, transfer, or otherwise dispose of the Escrowed Securities. Article 5. Application of Cash Balances Section 5.1. In General. Except as provided in Sections 2.1 and 3.2, no withdrawals, transfers, or reinvestment shall be made of cash balances in the Escrow Fund. Article 6. Redemption of Refunded Bonds Section 6.1. Call for Redemption. The County hereby irrevocably calls the Refunded Bonds for redemption on the Call Date, as shown on Appendix A-1 and A-2 attached hereto. Section 6.2. Notice of Redemption. The Escrow Agent agrees to give a notice of the redemption of the Refunded Bonds to the Paying Agent for dissemination in accordance with the terms of Ordinance Nos. 97-009 and 98- 084 of the County Council and in substantially the forms attached hereto as Appendices A-1 and A-2 attached hereto and as described on said Appendices A-1 and A-2 to the Paying Agent for distribution as described therein. The notice of defeasance shall be given immediately following the execution of this Agreement, and the notice of redemption shall be given in accordance with A-4 PA20287 CMVVV0287 900 09/24/10 said Ordinance Nos. 97-009 and 98-084. The Escrow Agent hereby certifies that provision satisfactory and acceptable to the Escrow Agent has been made for the giving of notice of redemption of the Refunded Bonds. Article 7. Records Section 7.1. Records. The Escrow Agent will keep books of record and account in which complete and accurate entries shall be made of all transactions relating to the receipts, disbursements, allocations and application of the money and Escrowed Securities deposited to the Escrow Fund and all proceeds thereof, and such books shall be available for inspection during business hours and after reasonable notice. Article 8. Concerning the Paying Agent and Escrow Agent Section 8.1. Representations. The Escrow Agent hereby represents that it has all necessary power and authority to enter into this Agreement and undertake the obligations and responsibilities imposed upon it herein, and that it will carry out all of its obligations hereunder. Section 8.2. Limitation on Liability. The liability of the Escrow Agent to transfer funds for the payment of the principal of and interest on the Refunded Bonds shall be limited to the proceeds of the Escrowed Securities and the cash balances from time to time on deposit in the Escrow Fund. Notwithstanding any provision contained herein to the contrary, the Escrow Agent shall have no liability whatsoever for the insufficiency of funds from time to time in the Escrow Fund or any failure of the obligors of the Escrowed Securities to make timely payment thereon, except for the obligation to notify the County promptly of any such occurrence. The recitals herein and in the proceedings authorizing the 2010A Bonds shall be taken as the statements of the County and shall not be considered as made by, or imposing any obligation or liability upon, the Escrow Agent. The Escrow Agent is not a party to the proceedings authorizing the 2010A Bonds or the Refunded Bonds and is not responsible for nor bound by any of the provisions thereof (except to the extent that the Escrow Agent may be a place of payment and paying agent and/or a paying agent/registrar therefor). In its capacity as Escrow Agent, it is agreed that the Escrow Agent need look only to the terms and provisions of this Agreement. The Escrow Agent makes no representations as to the value, conditions or sufficiency of the Escrow Fund, or any part thereof, or as to the title of the County thereto, or as to the security A-5 P:120287 CMVN20287 900 09/24/10 397 afforded thereby or hereby, and the Escrow Agent shall not incur any liability or responsibility in respect to any of such matters. It is the intention of the parties hereto that the'Escrow Agent shall never be required to use or advance its own funds or otherwise incur personal financial liability in the performance of any of its duties or the exercise of any of its rights and powers hereunder. The Escrow Agent shall not be liable for any action taken or neglected to be taken by it in good faith in any exercise of reasonable care and believed by it to be within the discretion or power conferred upon it by this Agreement, nor shall the Escrow Agent be responsible for the consequences of any error of judgment; and the Escrow Agent shall not be answerable except for its own action, neglect or default, nor for any loss unless the same shall have been through its negligence or want of good faith. Unless it is specifically otherwise provided herein, the Escrow Agent has no duty to determine or inquire into the happening or occurrence of any event or contingency or the performance or failure of performance of the County with respect to arrangements or contracts with others, with the Escrow Agent's sole duty hereunder being to safeguard the Escrow Fund, to dispose of and deliver the same in accordance with this Agreement. If, however, the Escrow Agent is called upon by the terms of this Agreement to determine the occurrence of any event or contingency, the Escrow Agent shall be obligated, in making such determination, only to exercise reasonable care and diligence, and in event of error in making such determination the Escrow Agent shall be liable only for its own misconduct or its negligence. In determining the occurrence of any such event or contingency the Escrow Agent may request from the County or any other person such reasonable additional evidence as the Escrow Agent in its discretion may deem necessary to determine any fact relating to the occurrence of such event or contingency, and in this connection may make inquiries of, and consult with, among others, the County at any time. Section 8.3. Compensation. The County shall pay to the Escrow Agent fees for performing the services hereunder and for the expenses incurred or to be incurred by the Escrow Agent in the administration of this Agreement pursuant to the terms of the Fee Schedule attached hereto as Appendix B. The Escrow Agent hereby agrees that in no event shall it ever assert any claim or lien against the Escrow Fund for any fees for its services, whether regular or extraordinary, as Escrow Agent, or in any other capacity, or for reimbursement for any of its expenses as Escrow Agent or in any other capacity. Section 8.4. Successor Escrow Agents. If at any time the Escrow Agent or its legal successor or successors should become unable, through operation or law or otherwise, to act as escrow agent hereunder, or if its property and affairs shall be taken under the control of any state or federal court or administrative body because of insolvency or bankruptcy or for any other reason, a vacancy shall forthwith exist in A-6 P:\20287CMW\20287900 09/24/10 the office of Escrow Agent hereunder. In such event the County, by appropriate action, promptly shall appoint an Escrow Agent to fill such vacancy. If no successor Escrow Agent shall have been appointed by the County within 60 days, a successor may be appointed by the owners of a majority in principal amount of the Refunded Bonds then outstanding by an instrument or instruments in writing filed with the County, signed by such owners or by their duly authorized attorneys -in -fact. If, in a proper case, no appointment of a successor Escrow Agent shall be made pursuant to the foregoing provisions of this section within three months after a vacancy shall have occurred, the owner of any Refunded Bond may apply to any court of competent jurisdiction to appoint a successor Escrow Agent. Such court may thereupon, after such notice, if any, as it may deem proper, prescribe and appoint a successor Escrow Agent. Any successor Escrow Agent shall be a corporation organized and doing business under the laws of the United States or the State of Washington, authorized under such laws to exercise corporate trust powers, having an office and place of business in the State- of Washington, having a combined capital and surplus of at least $100,000,000 and subject to the supervision or examination by federal or state authority. Any successor Escrow Agent shall execute, acknowledge and deliver to the County and the Escrow Agent an instrument accepting such appointment hereunder, and the Escrow Agent shall execute and deliver an instrument transferring to such successor Escrow Agent, subject to the terms of this Agreement, all the rights, powers and trusts of the Escrow Agent hereunder. Upon the request of any such successor Escrow Agent, the County shall execute any and all instruments in writing for more fully and certainly vesting in and confirming to such successor Escrow Agent all such rights, powers and duties. The obligations assumed by the Escrow Agent pursuant to this Agreement may be transferred by the Escrow Agent to a successor Escrow Agent if (a) the requirements of this Section 8.4 are satisfied; (b) the successor Escrow Agent has assumed all the obligations of the Escrow Agent under this Agreement; and (c) all of the Escrowed Securities and money held by the Escrow Agent pursuant to this Agreement have been duly transferred to such successor Escrow Agent. Article 9. Miscellaneous Section 9.1. Notice. Any notice, authorization, request, or demand required or permitted to be given hereunder shall be in writing and shall be deemed to have been duly given when mailed by registered or certified mail, postage prepaid addressed to the County, the Treasurer or the Escrow Agent at the address shown on Exhibit A attached hereto. The United States Post Office registered or certified mail receipt showing delivery of the aforesaid shall be conclusive evidence of the date and fact of delivery. Any party hereto may change the address to which notices are to be delivered by giving to the other parties not less than ten days prior notice thereof. A- ! P:120287 CMW120287 900 09/24/10 399 Section 9.2. Termination of Responsibilities. Upon the taking of all the actions as described herein by the Escrow Agent, the Escrow Agent shall have no further obligations or responsibilities hereunder to the County, the owners of the Refunded Bonds or to any other person or persons in connection with this Agreement. Section 9.3. Binding Agreement. This Agreement shall be binding upon the County and the Escrow Agent and their respective successors and legal representatives, and shall inure solely to the benefit of the owners of the Refunded Bonds, the County, the Escrow Agent and their respective successors and legal representatives. Section 9.4. Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Section 9.5. Washington Law Governs. This Agreement shall be governed exclusively by the provisions hereof and by the applicable laws of the State of Washington. Section 9.6. Time of the Essence. Time shall be of the essence in the performance of obligations from time to time imposed upon the Escrow Agent by this Agreement. A-8 P:Q0287 CMVA20287 900 09/24/10 M1 EXECUTED as of the date first written above. Exhibit A - Exhibit B - Exhibit C - Exhibit D - Exhibit E - Appendix A-1 - Appendix A-2 - Appendix B - WHATCOM COUNTY, WASHINGTON Treasurer [ESCROW AGENT] Authorized Signer Addresses of the County/County Treasurer and the Escrow Agent Description of the Refunded Bonds Schedule of Debt Service on Refunded Bonds Description of Beginning Cash Deposit (if any) and Escrowed Securities Escrow Fund Cash Flow Notice of Redemption for the 1997 Bonds Notice of Redemption for the 1998 Bonds Fee Schedule M= P:U0287 CMW\20287 900 09/24/10 401 EXHIBIT A Addresses of the County and Escrow Agent County: Whatcom County Treasurer 311 Grand Avenue, Suite 104 Escrow Agent: P.O. BOX 5268 Bellingham, WA 98225 A-A-1 P120287 CMW%20287 900 09/24/10 402 EXHIBIT B Description of the Refunded Bonds Whatcom County, Washington Limited Tax General Obligation and Refunding Bonds, 1997 Maturity Years (June 1) 2011 2012 Principal Interest Amount Rate $ 1,160,000 5.20% 185,000 5.15 Whatcom County, Washington Limited Tax General Obligation Bonds, 1998 Maturity (December 1) Principal Amounts Interest Rates 2010 $ 170,000 4.20% 2011 180,000 4.25 2012 185,000 4.30 2013 200,000 4.35 2014 200,000 4.40 2015 215,000 4.50 2018 700,000 4.70 A-13-1 P:\-20287CMM0287900 09/24/10 403 EXHIBIT C Schedule of Debt Service on Refunded Bonds Date Interest 11 /24/2010 $ Principal/ Redemption Price Total Total $ $ $ A-C-1 P:\20287CMM0287900 09/24/10 404 I. Cash $ II. Other Obligations Description Maturity Date 11 /24/2010 EXHIBIT D Escrow Deposit Principal Amount TOTAL $ III. Costs of Issuance Escrow Agent Fee ( ) Bond Counsel Fee (K&L Gates) OS Printing and Mailing Costs (SNW) Rating Agency (Moody's) TOTAL: Interest Rate V %l. Total Cost $ A-D-1 P:\20287CMVM0287900 09/24/10 405 EXHIBIT E Escrow Fund Cash Flow Escrow Net Escrow Excess Date Requirement Receipts Receipts 10/25/2010 $ -- $ $ $ 11 /24/2010 Cash Balance A-E-1 P120287 CMW120287 900 09/24/10 * APPENDIX A-1 Notice of Redemption* Whatcom County, Washington Limited Tax General Obligation and Refunding Bonds, 1997 NOTICE IS HEREBY GIVEN that Whatcom County, Washington has called for redemption on November 24, 2010, its then outstanding Limited Tax General Obligation and Refunding Bonds, 1997 (the "l997 Bonds"). The 1997 Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus interest accrued to November 24, 2010. The redemption price of the 1997 Bonds is payable on presentation and surrender of the 1997 Bonds at the office of. - The Bank of New York Mellon Worldwide Securities Processing 2001 Bryan Street, 9th Floor Dallas, TX 7520 Wells Fargo Bank, National Association -or- Corporate Trust Department 14`h Floor 999 Third Avenue Seattle, WA 98104 Interest on all 1997 Bonds or portions thereof which are redeemed shall cease to accrue on November 24, 2010. The following 1997 Bonds are being redeemed: Maturity Years Principal Interest (December 1) Amounts Rates CUSIP Nos. 2011 $ 1,160,000 5.20% 962455HN4 2012 185,000 5.15 962455HP9 * This notice shall be given not more than 60 nor less than 30 days prior to November 24, 2010 by first class mail to each registered owner of the 1997 Bonds. In addition notice shall be mailed at least 35 days prior to November 24, 2010 to The Depository Trust Company of New York, New York; Seattle - Northwest Securities Corporation Seattle, Washington; Moody's Investors Service and Standard & Poor's; MBIA Insurance Corporation; and the MSRB. Page 1 - Appendix A-1 RU0287_CMM20287_900 09/24n0 407 By Order of Whatcom County, Washington The Bank of New York Mellon, as Paying Agent Dated: Withholding of 28% of gross redemption proceeds of any payment made within the United States may be required by the Jobs and Growth Tax Relief Reconciliation Act of 2003 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed Form W-9 or exemption certificate or equivalent when presenting your 1997 Bonds. Page 2 - Appendix A-1 P:\20287_CMVN20287_900 09/24/10 M-0 APPENDIX A-2 Notice of Redemption* Whatcom County, Washington Limited Tax General Obligation Bonds, 1998 NOTICE IS HEREBY GIVEN that Whatcom County, Washington has called for redemption on November 24, 2010, its then outstanding Limited Tax General Obligation Bonds, 1998 (the "1998 Bonds"). The 1998 Bonds will be redeemed at a price of one hundred percent (100%) of their principal amount, plus interest accrued to November 24, 2010. The redemption price of the 1998 Bonds is payable on presentation and surrender of the 1998 Bonds at the office of: The Bank of New York Mellon Worldwide Securities Processing 2001 Bryan Street, 9th Floor Dallas, TX 7520 Wells Fargo Bank, National Association -or- Corporate Trust Department 14th Floor 999 Third Avenue Seattle, WA 98104 Interest on all 1998 Bonds or portions thereof which are redeemed shall cease to accrue on November 24, 2010. The following 1998 Bonds are being redeemed: Maturity Years Principal Interest (December 1) Amounts Rates CUSIP Nos. 2010 $ 170,000 4.20% 962455JB8 2011 180,000 4.25 962455JC6 2012 185,000 4.30 962455JD4 2013 200,000 4.35 962455JE2 2014 200,000 4.40 962455JF9 2015 215,000 4.50 962455JG7 2018 700,000 4.70 962455JK8 * This notice shall be given not more than 60 nor less than 30 days prior to November 24, 2010 by first class mail to each registered owner of the 1998 Bonds. In addition notice shall be mailed at least 35 days prior to November 24, 2010 to The Depository Trust Company of New York, New York; Seattle - Northwest Securities Corporation Seattle, Washington; Moody's Investors Service and Standard & Poor's; MBIA Insurance Corporation; and the MSRB. Page 1 - Appendix A-2 P:\20287CMW\20287900 09/24n0 e By Order of Whatcom County, Washington The Bank of New York Mellon, as Paying Agent Dated: Withholding of 28% of gross redemption proceeds of any payment made within the United States may be required by the Jobs and Growth Tax Relief Reconciliation Act of 2003 unless the Paying Agent has the correct taxpayer identification number (social security or employer identification number) or exemption certificate of the payee. Please furnish a properly completed Form W-9 or exemption certificate or equivalent when presenting your 1998 Bonds, Page 2 - Appendix A-2 PA20287_CMW120287_900 09/24/10 410 APPENDIX B Fee Schedule Escrow Agent Fee: $ Page 1 - Appendix B P\20287_CM1M20287_900 09/24/10 411 WHATCOM COUNTY COUNCIL AGENDA BILL NO. J R1010-143 A (r�djl CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Page Two of Agenda bill Originator: 928/2010 Introduction Division Head. 1011212010 Council Dept. Head. - Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. - Ordinance amending WCC 2.02 ATTACHMENTS: 118110 Memorandum to County Council 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 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 2.02 COMMITTEE ACTION. COUNCIL ACTION. 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2010-143 & AB2010-143A AB2010-143B-AB2010-143C Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcomwa.uslcouncil. 412 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Mann 3/24/2010 LEC E V E D MAR 2 4 2010 3/30/2010 COTW/Introduction Division Head: 4/13/2010 _ CO.TW Dept. Head o WHATCOM COUNTY 5/11/2010 COTW/Council Prosecutor: COUNCIL 5/25/2010 COTW 6/08/2010 COW Purchasin Bud et.• 6/22/2010 CCTW Executive: TITLE OF DOCUMENT: See Page Two Agenda Bill Sheet Ordinance amending WCC 2.02 ATTACHMENTS: 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 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 2.02 COMMITTEEACTION: COUNCIL ACTION. Discussed. Held in Committee. 3/30/2010• Pulled from Introduction �3/30/2010: 4/13/2010: Discussed and amended. 4/13/2010: Pulled from Introduction 5/11/2010: Amended and held in committee. 5/25/2010: Not discussed. Held in committee. 6/22/2010: Amended. Will go forward to Council for Introduction 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.whatcomwa.us/council. 413 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 2010 Ord\Amend WCc 2.02, county council SPONSORED BY: Consent PROPOSED BY: Ken Mann INTRODUCTION DATE: 3/30/2010 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE 2.02, COUNTY COUNCIL WHEREAS, Whatcom County Code Sections 2.02 sets forth guidelines for the conduct of council and council committee meetings, council organization, rules of procedure, ordinance introduction and adoption, resolution approval, appointments, boards and commissions, and other council -related matters; and WHEREAS, amendments to Whatcom County Code 2.02 are necessary to clarify the rules under which the council conducts its business. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code 2.02 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 .... •VED AS TO Civil Deputy Prosecutor Page 1 Sam Crawford, Council Chair ❑ Approved ❑ Denied Pete Kremen, County Executive 414 Ordinance amending WCC 2.02 Exhibit A for Sept. 28 EXHIBIT A (Ordinance amending WCC 2.02) CHAPTER 2.02 COUNTY COUNCIL Sections: 2.02.005 Council - Composition. 2.02.010 Council - Terms of office. 2.02.015 Council vacancies - Announcement. 2.02.020 Council vacancies - Qualifications. 2.02.025 Council vacancies - Nominations. 2.02.030 Council vacancies - Procedures. 2.02.035 Council vacancies - Term of appointee. 2.02.040 Meetings - General rules. 2.02.045 Meetings - Agenda. 2.02.050 Meetings - Council acting in other capacities. 2.02.055 Meetings - Order of business. 2.02.060 Meetings - Decorum of debate. 2.02.065 Meetings - Powers of the chair. 2.02.070 Meetings - Annual reorganization and election of officers. 2.02.075 Standing committees - Established. 2.02.080 Standing committees - Membership. 2.02.085 Standing committees - Committee action. 2.02.090 Membership on required boards, commissions, and committees. 2.02.095 Appointment of non -council members to boards, commissions, and committees. 2.02.100 Resolutions - General provisions. 2.02.105 Ordinances - General provisions. 2.02.110 Ordinances - Introduction. 2.02.115 Ordinances - Reintroduction. 2.02.120 Ordinances - Publication of proposed and enacted ordinances. 2.02.125 Ordinances - Effective date. 2.02.130 Ordinances - Veto message - Overriding. 2.02.135 Emergency ordinances. 2.02.140 Signature on documents. 2.02.145 Requests for ordinances or legal opinions. 2.02.150 Duties of the chair. 2.02.155 Clerk. 2.02.160 Hearing examiner. 2.02.165 Planning and policy analyst. 2.02.170 Correspondence requirements. 2.02.175 Requests of the executive branch. 2.02.180 Handling complaints and concerns. 2.02.185 Travel and expense approval. 2.02.190 Suspension of rules. *Prior legislative history: Ord. 2008-004 repealed Ch. 2.02. Ords. 79-1, 79-7, 81-107, 88-10, 88-21, 88-25, 89- 17, 89-26, 90-6, 90-8, 91-001, 91-030, 94-007, 95-003, 95-055, 96-035, 2001-061, 2002-022, 2004-006 and 2007-044 and Resos. 79-1, 79-2, 80-42, 82-1, 82-8, 83-45, 85-3, 97-006, 98-020 and 99-045 were formerly codified in the chapter. 415 2.02.005 Council — Composition. The council shall consist of seven members, two councilmembers from each of the three council districts and one councilmember at large. (Ord. 2008-004 Exh. A). 2.02.010 Council — Terms of office. The term of office of each elected councilmember shall be four years, commencing on the second Monday in January following election. (Ord. 2008-004 Exh. A). 2.02.015 Council vacancies — Announcement. A. The council shall publicly announce any vacancy and shall provide a reasonable period for interested candidates to contact'councilmembers and request that his or her name be considered for the vacant position. B. Such announcement shall be made at least 10 days before the vacancy is filled. (Ord. 2008-004 Exh. A). 2.02.020 Council vacancies — Qualifications. A. A vacancy on the county council shall be filled by a qualified registered voter resident of the district he or she represents, meeting all of the qualifications of Section 4.20 of the Whatcom County Charter B. Any information provided by a nominee shall be checked to verify qualifications, and submission of a personal resume may be requested. (Ord. 2008- 004 Exh. A). 2.02.025 Council vacancies — Nominations. A. Nominations to fill a vacancy on the county council shall be made by any councilmember who may place an individual's name into nomination in a regular open meeting. No councilmember may nominate himself or herself. B. All names submitted s#a may be referred to a committee of the whole for consideration. C. Nominees may be personally interviewed by a committee or any councilmember or councilmembers chosen by the council to conduct such interviews. (Ord. 2008-004 Exh. A). 2.02.030 Council vacancies — Procedures. A. An appointment to fill a vacancy on the council shall be approved by FrajeFity Yete efthe ceuneil an affirmative roll -call vote by a majority of the council. The council majority shall be four votes. B. A nominated councilmember shall be allowed to vote for other nominees. C. If at any time, by virtue of vacancies on the council, the membership of the council is reduced below that required to constitute a quorum (four members), the council by virtue ef vaeaneies en the ceuneil, may nevertheless fill the vacancies by an affirmative roll -call vote by a majority of the remaining council. E D. If a council vacancy remains unfilled for a period of 30 days because of the inability of the council to make the appointment, the vacancy shall be filled within 15 additional days by the county executive from among those persons nominated by the members of the council. (Ord. 2008-004 Exh. A). 416 2.02.035 Council vacancies — Term of appointee. Section 4.50 of the Whatcom County Charter shall govern the term for which the appointee may serve. (Ord. 2008-004 Exh. A). 2.02.040 Meetings — General rules. A. It is the policy of the council that, to the greatest extent possible, all official meetings of the council and its committees shall be open to the public, with the exception of "executive sessions" (closed to the public), for certain limited topics, as defined in RCW 42.23.110. All council and committee meetings will be held in compliance with the state Open Public Meetings Act (Chapter 42.30 RCW). B. Regular meetings of the county council and its standing committees shall be held every other Tuesday in the Whatcom County Council Chambers, unless decided otherwise by the council. A schedule of specific meeting dates shall be approved by resolution annually. The chairperson of the council or the chairperson of any of its standing committees may call special meetings as required, provided proper public notice and notice to councilmembers is given. C. Committee of the whole meetings will be scheduled as necessary. These meetings may be cancelled at the will of the council. D. Executive sessions (closed meetings) may be held in accordance with the provisions of the Washington State Open"Public Meetings Act. (RCW 42.30.110) E. All council and council committee meetings shall be conducted pursuant to Sturgis Standard Code of Parliamentary Procedure, latest edition, except when in conflict with the standing rules of the council. A copy of the Standard Code of Parliamentary Procedure shall be available in the council office for review. F. A majority (four members) of the council shall be in attendance to constitute a quorum and shall be necessary for the transaction of the council's business. A majority of a council committee (two members) shall be necessary for the transaction of a committee's business. If a quorum is not present, those in attendance will be named and they shall adjourn to a later time. G. In the event of a tie in votes on any motion, the motion shall be considered lost. H. Any session of the council may be continued or adjourned from day-to-day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter. (RCW 42.30.090) I. The council may schedule work sessions (open to the public) at the call of the council chair or of any two or more members of the council to review forthcoming programs of the county, receive progress reports on current programs or projects, or receive other similar information from the county executive or county staff. Formal action may be taken at these meetings. J. The clerk of the council shall keep an account of all proceedings of the council. Written minutes shall be recorded promptly after every meeting and, upon approval by the council, shall be entered in a minutes book constituting the official record of the council. All approved minutes shall be open to public inspection. Minutes shall include a summation of the actions and discussions forthcoming from each council and committee meeting, as well as a record of the vote of each councilmember. A verbatim public record shall be kept of each meeting by electronic or mechanical means for a reasonable period of time as provided by state law. K. Minutes of a council meeting are required to be read into the record only if requested by a member of the council. Minutes may be approved without reading if the clerk of the council previously furnished each councilmember with a copy thereof. 417 L. When addFessing the ee6neil During an open session or public hearing, audience members will be given three minutes to address the council. M. Cell phones shall be silenced and cell phone conversations shall be prohibited within the confines of the council chambers during meetings. N. Placards, signs, applause, or other distractions shall not be allowed in the Council Chambers without the consent of the Council Chair. O. Any person making personal, impertinent, or slanderous remarks, or who shall become boisterous while addFessing the eeuneil attending a council or council committee meeting may be requested to leave the meeting and may be forthwith, by the presiding officer, barred from further audience before the council during that eeuneil meeting. (Ord. 2008-004 Exh. A). 2.02.045 Meetings — Agenda. A. The clerk of the council shall consult with the council chair and the chair of each committee prior to preparation of the council's agenda. The clerk shall prepare the agenda, which, together with supporting documents, shall be provided to all councilmembers no less than five days prior to each regular council meeting and at the earliest possible date prior to any special meeting. The agenda shall be posted conspicuously within the Whatcom County Courthouse and shall be available for review on the council's web page. B. Upon request by any two or more members of the council at any council meeting, an item of business shall be placed on the agenda of the next regular meeting. C. Consent items may be acted upon en masse; provided, however, that any consent item shall be considered separately if so requested by a councilmember, a member of the county administration, or a member of the public. D. Introduction items may be accepted en masse; provided, however, that any introduction item shall be considered separately if so requested by one or more councilmembers. (Ord. 2008-004 Exh. A). 2.02.050 Meetings — Council acting in other capacities. Where the members of the county council sit in an administrative or legislative capacity in situations such as, but not limited to, supervisors of a special district or members of the county health board, all business in these other capacities shall be treated as regular items of business during council meetings. The agenda for the meeting shall note any items being considered in one or more of these other capacities. It shall not be necessary for the council to adjourn itself in order to consider items in these other capacities. All actions taken by the council regarding issues in these other capacities shall be deemed to have been enacted or approved by those entities under the authority as may be provided for in law, or the authority of the county if appropriate. (Ord. 2008-046 § 1; Ord. 2008-004 Exh. A). 2.02.055 Meetings — Order of business. Business may include but not be limited to the following order: 1. Roll call; 2. Flag salute; 3. Announcements; 4. Special presentations; 5. Approval of minutes; 6. Open session; 7. Public hearings and final consideration of hearing items; 8. Consent agenda; 9. Final consideration of other items; 10. Introduction of ordinances and resolutions; 11. Reports and other items from councilmembers; 12. Adjourn. (Ord. 2008-004 Exh. A). 2.02.060 Meetings — Decorum of debate. A. Any councilmember desiring to speak shall first be recognized by the chair and shall confine his or her remarks to one subject under consideration or to be considered. The councilmember who has proposed a motion or the committee member who has presented a report shall be allowed the first opportunity to explain the motion or report, and usually is allowed to speak last on it. No member or small group of members shall be permitted to monopolize the discussion on a question. If a member has already spoken and other members wish to speak, they should be recognized in preference to the merriber who has already spoken on a question. B. Councilmembers shall address each other as "councilmember" and the council chair shall be addressed as "chair." C. Staff members, presenters, and the general public shall be addressed as Mr., Mrs., of Ms., or by their official or honorary title. D. When two or more councilmembers desire to speak at the same time, the chair shall name the member who shall have the floor. E. Ne member of the eeuneil shall speak a seeend time te the same questien as F— E. When a councilmember is speaking, no other member shall hold discourse which may interrupt the speaker except to raise a point of order. The chair should insist that every member be attentive to the business before the assembly. G F. When it appears that all councilmembers who wish to speak have done so, the chair shall inquire, "Is there any further discussion?" If there is not, the question is put to a vote. +41: G. To bring a question to immediate vote, a councilmember may move to close debate. If more than one motion is pending, the motion to close debate should specify the pending motions to which it applies (main motion, motion to amend, etc.). "rhe motion to close debate cannot interrupt a speaker, is not debatable, and requires a two thirds affiFmative-Mete-e€the -eeeneil-an affirmative vote by two- thirds of the councilmembers in attendance. The motion to close debate should be used in moderation, as members cannot be expected to maintain interest in an organization if they are frequently denied the right to participate in its deliberations. (Ord. 2008-004 Exh. A). 2.02.065 Meetings — Powers of the chair. A. The council chair, if present, shall preside as chaiffnaA chairperson at all meetings of the council. In the absence of the council chair, the vice chair shall preside. In the absence of both the council chair and the vice chair, the council shall elect a chair. B. All meetings of the council shall be called to order by the council chair or vice chair. In the absence of both the council chair and the vice chair, the meeting shall be called to order by the clerk of the council for the election of a temporary chair. The roll shall then be called by the clerk, who shall enter in the minutes of the meeting the names of the members present. Four councilmembers shall be in attendance to constitute a quorum. C. The chair shall preserve order and is responsible for controlling and expediting debate. Any ngeFnbeF whe fails or refuses te speak in an eFdeF'y and eeurteeus 419 eewnEiI D. The chair shall determine all points of order, subject to the right of any member to appeal to the council. If any appeal is taken, the question shall be, "Shall the decision of the chair be sustained?" E. The chair shall state all questions submitted for a vote and announce the result. A roll call vote is required for all ordinances and may be taken upon request of a councilmember for all other items. F. The presiding officer may move and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members, and shall not be deprived of any of the rights and privileges of a councilmember by reason of his acting as the presiding officer. (Ord. 2008-004 Exh. A). 2.02.070 Meetings — Annual reorganization and election of officers. A. At its first committee of the whole or regular council meeting in January, the council shall schedule its annual reorganization. At this meeting, the council shall elect 'I the chair, vice chair, the executive pro tempore and the members of all standing committees, each by an affirmative roll -call vote by a majority of the entire council, or by general consent when applicable. Prior to each reorganizational meeting, the council clerk or chairperson shall ask councilmembers to circulate to each other in writing their requests for committee assignments and other offices. No councilmember shall hold the position of chair more than two full consecutive years. B. The chair of the council shall act as executive pro tempore in the absence of the regular executive pro tempore who was selected pursuant to the above procedure. Terms of office shall begin at the conclusion of the reorganizational meeting. C. In the temporary absence of the chairperson, the vice chairperson shall perform the duties and responsibilities of the chairperson. A temporary chairperson shall be elected should both the chairperson and vice chairperson be absent and shall serve during such absence. (Ord. 2008-004 Exh. A). 2.02.075 Standing committees — Established. The following committees are established: A. Finance and Administrative Services. General areas of responsibility for this committee shall be budget, taxation and purchasing issues, personnel policies and union negotiations; B. Planning and Development. General areas of responsibility for this committee shall be zoning, development, stormwater, and fire; C. Public Works and Safety. General areas of responsibility for this committee shall be road construction and vacations, solid waste, new construction, remodeling, public utilities issues, and criminal justice activities and planning; D. Natural Resources. General areas of responsibility for this committee shall be water, forestry, agriculture, fishery and mineral issues; E. Health. General areas of responsibility for this committee shall be health - related issues referred to the committee by the health board, public health advisory board, or health department. (Ord. 2008-004 Exh. A). 420 2.02.080 Standing committees — Membership. A. There shall be three members of all standing committees, membership to be determined by an affirmative vote of the entire council. The committee members shall be responsible for election of a chairperson and its internal organization. B. The time of standing committee meetings shall be determined by the chairperson of each committee. (Ord. 2008-004 Exh. A). 2.02.085 Standing committees — Committee action. A recommendation of any committee shall be agreed to by a majority of the committee in a regularly called meeting before a proposed item is reported out. All actions of a committee pertaining to an ordinance that has been properly introduced, as specified elsewhere in this chapter, will be reported out to the full council for final consideration. A committee report may contain only that information which is approved by a majority vote of the committee; however, minority reports may be presented to the full council after the committee report is presented. A majority recommendation of the committee may be "do pass," "do pass as amended," "do pass the attached substitute ordinance," "do not pass," "no recommendation," "postpone indefinitely" or "withdraw." Minority reports may also be submitted. (Ord. 2008-004 Exh. A). 2.02.090 Membership on required boards, commissions, and committees. Membership of councilmembers on those boards, commissions or committees on which, by law, members of the legislative body are required to sit shall be determined by an affirmative vote by a majority Fe" call vete of the entire council, or by general consent when applicable. Councilmembers who are appointed by the county to any other county governmental boards, commissions or committees, other than ad hoc council committees, shall likewise be determined by a-n9ajeFity r-ell ca++ an affirmative vote by a majority of the entire council, or by general consent when applicable. (Ord. 2008-004 Exh. A). 2.02.095 Appointment of non councilmembers to board smens, and committees. legislative funetien shall be made by the eounty ceuneil in aeeeFd with GhapteF WCG. . 2.02.095 Election of councilmembers as representatives to various boards and committees. (moved here from WCC 2.02) 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). 421 2.02.100 Resolutions — General provisions. The county council may pass resolutions to organize and administer the legislative branch, to make declarations of policy which do not have the force of law, and to request information from any other agency of county government. Resolutions shall not be subject to the veto power of the executive, and the council in passing resolutions need not comply with the procedural requirements for the introduction, consideration and adoption of ordinances. All resolutions shall be filed with the clerk of the council in writing in their entirety and shall be scheduled on the council's agenda as requested and required. (Ord. 2008-004 Exh. A). 2.02.105 Ordinances — General provisions. A. Every legislative act shall be by ordinance. B. The subject of every ordinance shall be clearly stated in the title and no ordinance shall contain more than one subject. C. Ordinances may, by reference, adopt Washington State statutes or any recognized, printed codes or compilations in whole or in part. D. No ordinance shall be amended unless a new ordinance sets forth each amended section or subsection at full length. E. Voting on final passage of all ordinances shall be by roll call vote. (Ord. 2008- 004 Exh. A). 2.02.110 Ordinances — Introduction. A. All proposed ordinances shall be filed with the clerk of the council in their entirety in writing and shall be introduced by a councilmember or by consent of the full council. B. Proposed ordinances shall be introduced on the council's agenda by title, following which the council may refer the proposal to the appropriate standing or special committee, eF te the committee of the whole, or schedule the proposal for public hearing. , Following committee report or public hearing closure, an ordinance that has been properly introduced and scheduled on the agenda may be considered by the full council. C. At least 13 days shall pass between introduction and final passage of every ordinance, except emergency ordinances. (Ord. 2008-004 Exh. A). 2.02.115 Ordinances — Reintroduction. Any ordinance which has been introduced and not acted upon within 120 days of its introduction must be reintroduced, notice of introduction republished, and at least 13 days elapsed before it can come up for final consideration; except, if any such ordinance has been under active consideration by any standing committee, special ad hoc committee, or committee of the whole and has appeared at least twice on such committee's published agenda, it is not subject to this requirement. (Ord. 2008-004 Exh. A). 2.02.120 Ordinances — Publication of proposed and enacted ordinances. Ordinances, or summaries of them, the places where copies are filed, and the times when they are available for inspection shall be published when the ordinances are proposed for introduction and again upon enactment. (Ord. 2008-004 Exh. A). 2.02.125 Ordinances — Effective date. Every ordinance which passes the council must be presented to the county executive. If the executive approves and signs the ordinance, it shall take effect 10 days after the date it is signed by the county executive, or otherwise enacted, or at a later date if stated in the ordinance. If the executive does not either sign or veto 422 an ordinance within 10 days, Saturdays, Sundays, and holidays excepted, after presentation of the ordinance by the council, it shall become law without the executive's signature. (Ord. 2008-004 Exh. A). 2.02.130 Ordinances — Veto message — Overriding. If an ordinance is not approved by the executive, the entire ordinance shall be vetoed and returned with the executive's written objections, which shall be attached to the ordinance, placed in the council's agenda bill file, and distributed to all councilmembers. If, within 30 days after being returned to the council, the ordinance receives the a ffiF.....ative • ete of twe thiFd . of the entire eeunek an affirmative roll -call vote by two-thirds of the entire council, it shall become law. (Ord. 2008-004 Exh. A). 2.02.135 Emergency ordinances. An emergency ordinance necessary for the immediate preservation of the public peace, health, safety, or support of the county government and its existing institutions may be passed by a twe thiFds vete ef the county eeuneil an affirmative roll -call vote by two-thirds of the entire council. An emergency ordinance shall be effective immediately when approved by the county executive. The specific emergency and the facts creating it shall be clearly stated in the ordinance. All emergency ordinances, except those making appropriations from an emergency reserve of borrowing money for 120 days or less, shall expire as of the sixty-first day following the date on which the ordinance became law. (Ord. 2008-004 Exh. A). 2.02.140 Signature on documents. All official documents issued by order of the council shall be signed by the chairperson and attested by the clerk of the council, except as otherwise provided by the Charter. (Ord. 2008-004 Exh. A). 2.02.145 Requests for ordinances or legal opinions. A. Any member of the county council may forward a request to the county executive to have proposed legislation prepared for placement on an upcoming agenda. B. Any member of the county council may request written legal opinions, relating to county business, from the county prosecuting attorney or designee. C. Any member of the council may, for purposes of inquiry, request verbal opinions or advice on county legal matters directly from the council's assigned attorney. (Ord. 2008-004 Exh. A). 2.02.150 Duties of the chair. The chairperson shall supervise the clerk of the council, the planning and pelfiey and other personnel selected by the County Council; provided, however, that such powers shall be exercised at the direction of the council. (Ord. 2008-004 Exh. A). 2.02.155 Clerk. A. The county council shall employ and supervise the clerk of the county council, who shall function as the administrative department director with the responsibility for the operation of the council office and the council clerk's staff. The clerk shall serve at the will of the council and will consult the council on major policy or procedural matters. B. The clerk of the council shall supervise, hire and have full disciplinary authority over assigned staff. An employee may seek review by the council's finance and administrative services committee of a disciplinary action taken by the clerk of the council; provided further, that such review shall take place in executive session with both the clerk and the employee requesting the review present. 423 C. The clerk will prepare and justify the department budget, monitor all fiscal operations of the department, and approve all departmental expenditures. The clerk will provide planning leadership and direction for assigned staff. The clerk will develop policy recommendations concerning county -wide programs, and will develop and implement departmental policies and procedures. D. The duties of the clerk of the county council shall include, but not be limited to, those statutory powers, responsibilities and duties specified in RCW 36.22.010(6), 36.22.020, 36.32.135 and 36.32.140. E. The duties of the clerk of the county council shall be increased or decreased consistent with future enactments of the state legislature. F. The clerk of the county council shall file with the county auditor, at such time as they may be microfilmed, all original documents presented to the county council along with a notation of the council's official action securely appended for secure disposition of all such official records. G. All tort liability claims Filed against Whatcom County shall first be served upon the clerk of the county council or designee. (Ord. 2008-004 Exh. A). 2.02.160 Hearing examiner. The county council shall administer an annual contract for hearing examiner services. The duties of the hearing examiner are established in Chapter 20.92 WCC. (Ord. 2008-004 Exh. A). 2.02.165 Planning and pellicy anallyst Other staff selected by the County Council. If additional staff members are selected by the county council, planning and peliey analyst they shall be employed as ae independent staff members reporting to the eeanty council, and sbaR would be responsible for such duties as may be assigned by the eewntyR council by an affirmative vote of two- thirds of the council. (Ord. 2008-004 Exh. A). 2.02.170 Correspondence requirements. Upon approval by a majority of the entire council, it shall be the responsibility of the council chairperson to respond to any correspondence on behalf of the council. Communications requesting council action shall be placed on the appropriate council committee agenda for consideration and recommendation to the full council. A copy of all council -initiated correspondence shall be kept in the council office. (Ord. 2008-004 Exh. A). 2.02.175 Requests of the executive branch. The county council, its staff, and individual councilmembers shall not interfere in the day-to-day operations of the executive branch, nor shall they give orders to or direct, either publicly or privately, any officer or employee of the executive branch. Requests for detailed information and attendance by executive staff at any council committee or full council meeting shall be submitted to the county executive's office for handling. Requests for documents that are readily available to the public may go directly to a specific department without seeking approval of the county executive. (Ord. 2008-004 Exh. A). 2.02.180 Handling complaints and concerns. A. The duty and responsibility for receiving and addressing complaints and concerns that are not related to the council's legislative responsibility or matters before the council or one of its committees are delegated to the county administration and the various executive official and department heads by the county charter. 424 B. Councilmembers shall refer all complaints and concerns which are not county policy or legislative matters to the administration, various elected officials or department heads, as circumstances dictate, for resolution before any council action is initiated, after which the county council, council committees, or individual councilmembers may address such issues with the administration before deciding if legislative action by the council is appropriate. (Ord. 2008-004 Exh. A). 2.02.185 Travel and expense approval. A. All councilmember expense claims shall be subject to approval by the chair of the council or authorized designee; B. Expense claims made by the chair shall be approved by the vice chair or authorized designee; C. Expense claims shall be submitted in detailed account citing date, place, and business purpose in accordance with procedures established by and forms approved by administrative services finance; D. Original receipts prepared and issued by the service provider or copies of endorsed checks are required whenever this policy provides for actual cost reimbursement; and E. Itemized expense claims shall be submitted to the deputy clerk of the council after obtaining written approval from the chair or vice chair, as appropriate. (Ord. 2008-004 Exh. A). 2.02.190 Suspension of rules. The rules and procedures set forth in this chapter may be suspended in specific instances by an ..ff;......a ell earl . ete „f at least twe thiFd . e f the members „F the eeun an affirmative roll -call vote by two-thirds of the entire council. (Ord. 2008-004 Exh. A). 425 WHATCOM COUNTY COUNCIL AGENDA BILL NO. Q R2'n In-14i i= Cdj) CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Page Two of Agenda bill Originator: 811012010 Special COTW Division Head: 9 / 2 8 / 2010 Introduction Dept. Head: 10/12/2010 Council Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT. Ordinance amending WCC 2.03, Boards and Commissions ATTACHMENTS: 118110 Memorandum to County Council 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 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 COMMITTEE ACTION. COUNCIL ACTION: 7/27/2010: Held 9/28/2010: Introduced 8/10/2010: Amended. Ordinance to be drafted for Introduction in September Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2010-143 & AB2010-143A AB2010-143C 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. 426 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 B CLEARANCES Initial Date D ve in Council Office Agenda Date Assigned to: Originator: Mann 3/24/2010 E D MAR 2 4 2010 3/30/2010 COTW/Introduction Division Head: 4/13/2010 COTW Dept. Head. tJ ��VHATCOM COUNTY 5 / 11 / 201' 0 i COTW Prosecutor: t'+Ip COUNCIL 5 25 2010 COTW 6/08/2010 COTW Purchasin Bud et: 6/22/2010 COTW 7/13/2010 COTW Executive: 7/27/2010 COTW TITLE OF DOCUMENT. Ordinance amending WCC 2.03, Boards and Commissions ATTACHMENTS: 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 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. 7/13/2010: Not discussed,held to a later date. 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. 427 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 Civil Deputy Prosecutor Page 1 Sam Crawford, Council Chair ❑ Approved ❑ Denied Pete Kremen, County Executive - Ordinance amending, 2.03, Exhibit A, for Sept. 14 intro EXHIBIT A (Ordinance amending WCC 2.03) CHAPTER 2.03 BOARDS AND COMMISSIONS Sections: eemmitteea-. (move to WCC 2.02) 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. ee tees. Lmove to WCC 2.021 Fepresentatives whe shall seFve until the next annual n9eeting te the vaFieUs beaF B. This annual elleetion fOF one year- ter-fns shall begin in januaFy, 1981. A. Each yeaF at its annual meeting, the eeunty ceuneil shall eleet its 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 expiFe en December 31�' ef the speeified year, except feF these balanee of that teFH9-. C. The terms of all appointments to boards, committees and commissions of non- councilmembers made by the council shall expire on January 315t 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. G D. 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)). 429 Ordinance amending, 2.03, Exhibit A, for Sept. 14 intro 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 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. "rhe 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. . . For appointment by the council of non -council members 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 and possible vote to appoint are scheduled to occur. Councilmembers shall make nominations from the list of applicants at this same regularly scheduled council meeting. 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. 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)). 430 Ordinance amending, 2.03, Exhibit A, for Sept. 14 intro 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 n9ajeFity Fell eall v 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. 431 Ordinance amending, 2.03, Exhibit A, for Sept. 14 intro 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)). 432 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 143 C CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 9/20/2010 (7 9/28/2010 Introduction Division Head: 10/12/2010 Council Head: - Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Resolution Amending WCC 100.02 & 100.06, Advisory Committees ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR YSTA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution of the Whatcom County Flood Control Zone District Board of Supervisors to amend Whatcom County Code (WCC) 100.02, Flood Control Zone District Advisory Committee, and WCC 100.06, Subzone Advisory Committees to amend term expiration to January 31, change term limits, and clarify application process COMMITTEEACTION.• COUNCIL ACTION. 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution AB2010-143-AB2010-143B Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcontwa.uslcouncil. 433 2010 Res Amend WCC 100.02 and 10.061 SPONSORED BY: Consent PROPOSED BY: Consent .INTRODUCTION DATE: RESOLUTION NO. AMENDING WHATCOM COUNTY CODE (WCC) 100.02, FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE, AND WCC 100.06, SUBZONE ADVISORY COMMITTEES (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHEREAS, Whatcom County Code Sections 100.02 and Section 100.06 set forth the guidelines for the terms of office and vacancy procedures for the Whatcom County Flood Control Zone District Advisory Committee and all Subzone Advisory Committees; and WHEREAS, Whatcom County Code 2.03 was recently amended for all other boards, committees, and commissions to: allow re -appointment after two consecutive full terms, establish a January 31 term expiration date, and modify the guidelines to include an application deadline and to clarify the appointment process; and WHEREAS, amendments to Whatcom County Code Sections 100.02 and 100.06 are necessary to be consistent with the recent amendments to WCC 2.03 regarding a term of office expiration date for all appointments and to clarify the rules for appointment and re -appointment of non -council members to boards, committees, or commissions. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Whatcom County Code 100.02 and 100.06 are hereby amended as indicated in Exhibit A to this ordinance. APPROVED this day of , 2010 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT BOARD OF SUPERVISORS ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APR ED AS TO FO ivil Deputy Prosecutor Page 1 Sam Crawford, Board of Supervisors Chair 434 Exhibit A Chapter 100.02 FLOOD CONTROL ZONE DISTRICT ADVISORY COMMITTEE Sections: 100.02.010 100.02.020 100.02.030 100.02.040 100.02.050 100.02.060 100.02.070 100.02.080 100.02.090 100.02.110 Flood control zone district advisory committee. Duties of the flood control zone district advisory committee. Membership. Term of office. Meetings - Quorum. Committee staffing. Bylaws and election of officers. Vacancies. Public meetings and records. Effective date. 100.02.010 Flood control zone district advisory committee. The Whatcom County flood control zone district board of supervisors hereby creates a flood control zone district advisory committee. (Res. 2009-027 Exh. A; Res. 2001- 046; Res. 92-015 (part). Formerly 2.92.010). 100.02.020 Duties of the flood control zone district advisory committee. The advisory committee is an integral part of the operations and management of the flood control zone district and is charged with the following duties and responsibilities: A. Provide advice on flood hazard management and other water resources plan development and implementation; B. Discuss and recommend budget appropriations and supplemental budget appropriations from the funds of the district; C. Advise the board of supervisors on issues the board may refer to it from time to time; D. Act as a liaison between the board of supervisors and the public, and as requested, have hearings or public meetings on behalf of the board of supervisors. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-015 (part). Formerly 2.92.020). 100.02.030 Membership. The advisory committee will consist of 15 voting members and one ex of iicio nonvoting member, each of whom resides in Whatcom County, to be appointed by the board of supervisors, as follows: 435 A. Two members representing special districts, such as drainage and diking districts or flood control district subzones; B. Two members representing cities impacted by flooding; C. Two members, one member representing each of the two federally recognized Indian Tribes, after consideration of the recommendation of the Nooksack Tribe and Lummi Nation governing bodies; D. Nine members who collectively represent a diversity of flood control zone district stakeholder interests and geographic areas throughout the county, whenever possible; E. One nonvoting ex officio member to be selected by the board of supervisors from its own members. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-029 (part); Res. 92-015 (part). Formerly 2.92.030). 100.02.040 Term of office. A. The term of office for the nine members representing stakeholder interests and geographic areas within Whatcom County shall be four years. A member may be appointed to serve up to two consecutive four-year terms, regardless of whether that member has served a first term of less than four years. B. The members appointed to represent special districts, the cities, the ex officio member and the Indian Tribes shall each serve for a one-year term. These representatives may serve consecutive terms. C. No member representing stakeholder interests or a geographic area shall serve more than two consecutive full terms; however, after serving two consecutive full terms, a citizen may become eligible for re -appointment after a one-year period of separation from the advisory committee. D. The terms of all appointments shall expire on January 315t of the specified year. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 94-001; Res. 92-029 (part); Res. 92- 015 (part). Formerly 2.92.040). 100.02.050 Meetings — Quorum. The advisory committee shall meet once monthly or as its members shall determine, but not less frequently than once every three months. A majority of the appointed voting members of the advisory committee shall constitute a quorum for the transaction of business. Any actions taken by the advisory committee must be passed by a majority of the appointed voting members. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 98-032; Res. 92-015 (part). Formerly 2.92.050). 100.02.060 Committee staffing. Pursuant to the terms of an interlocal agreement, Whatcom County will provide limited staffing for the advisory committee, recording and producing minutes and 436 providing agendas and other technical support as requested and available. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-015 (part). Formerly 2.92.060). 100.02.070 Bylaws and election of officers. At its initial meeting each year, the advisory committee will elect a chairperson and vice -chairperson. The chairman shall preside over each meeting of the advisory committee. The vice -chairperson shall have the power to perform all duties of the chairperson in his or her absence. The advisory committee may adopt bylaws to govern the conduct of their meetings, but any such bylaws shall be consistent with this chapter. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-015 (part). Formerly 2.92.070). 100.02.080 Vacancies. When a vacancy occurs as the result of a completed term, or due to the death, resignation, or unexcused absence from two consecutive regular meetings of the advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors. Any person interested in serving on the advisory committee may be appointed by the board of supervisors to a list of alternate members for a period of six years. Alternate members shall be notified of each meeting of the advisory committee and encouraged to attend when possible. When a mid-term vacancy occurs, the board may choose to solicit additional applications, or it may decide to fill the vacancy from the alternate list without soliciting additional applications if it determines that an alternate can fill the vacancy while maintaining the desired geographic and stakeholder diversity or the appropriate governmental representation on the committee. When a vacancy occurs following a completed term, the board will solicit applications for the vacancy from the community as well as considering appointment from the alternate list. The Whatcom County flood control zone district board of supervisors 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 and possible vote to appoint are scheduled to occur. Board members shall make nominations from the list of applicants and list of alternate members at this same regularly scheduled meeting. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire board. In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. (Res. 2009-027 Exh. A; Res. 2001-046; Res. 92-029 (part). Formerly 2.92.080). 437 100.02.090 Public meetings and records. Written notice of the time and place of any meeting shall be sent to each member of the committee and each appointee to the alternate list at least five days prior to each meeting. The board of supervisors intends that the advisory committee shall give public notice of its meetings consistent with the Washington Open Public Meetings Act, hold meetings open to the public, and record the proceedings of any meeting, including those instances in which the Open Public Meetings Act itself may not apply. The advisory committee shall not take any action or make any recommendation to the flood control zone district board of supervisors except through recorded decisions made at properly noticed public meetings. Records of the advisory committee shall be retained by the river and flood division of the Whatcom County public works department, unless otherwise provided for by agreement between Whatcom County and the Whatcom County flood control zone district. (Res. 2009-027 Exh. A). 100.02.110 Effective date. The rules relating to membership and vacancies shall apply to vacancies and appointments that occur on or after April 14, 2009, allowing members seated at that time to complete their terms. All other provisions shall become effective upon signature of the chair of the board of supervisors following adoption by the board of supervisors or 10 days after adoption by the board of supervisors, whichever occurs first. (Res. 2009-027 Exh. A). Chapter 100.06 SUBZONE ADVISORY COMMITTEES Sections: 100.06.010 Subzone advisory committees. 100.06.020 Subzone advisory committees - Duties. 100.06.030 Membership. 100.06.040 Term of office. 100.06.050 Meetings - Quorum. 100.06.060 Committee staffing. 100.06.070 Election of officers. 100.06.080 Vacancies. 100.06.090 Public meetings and records. 100.06.010 Subzone advisory committees. The Whatcom County flood control zone district has established advisory committees for the following subzones: A. Acme/VanZandt; B. Sumas/Nooksack/Everson; C. Lynden/Everson; and D. Birch Bay watershed and aquatic resources management district. (Res. 2008-054 Exh. A). 100.06.020 Subzone advisory committees - Duties. Each subzone advisory committee shall advise the Whatcom County flood control zone district board of supervisors on subzone operations and plans within that subzone's respective geographic area. (Res. 2008-054 Exh. A). 100.06.030 Membership. Each advisory committee shall consist of five members, each of whom resides in the respective subzone, and who collectively represent a diversity of geographic areas and stakeholder interests from within the subzone whenever possible. (Res. 2008-054 Exh. A). 100.06.040 Term of office. The term of office for each member shall be four years; provided, that the initial members of an advisory committee shall have staggered terms so that two members are appointed for two years, two members are appointed for three years, and one member is appointed for four years. A member may be appointed to serve up to two consecutive four-year terms, regardless of whether that member has served a first term of less than four years; however, after serving two consecutive full terms, a citizen may become eligible for re -appointment after a one-year period of separation from the advisory committee. The terms of all appointments shall expire on January 31" of the specified year. (Res. 2008-054 Exh. A). 439 100.06.050 Meetings — Quorum. The advisory committee shall meet once monthly or as its members shall determine, but not less frequently than once every six months. Three members of the advisory committee shall constitute a quorum for the transaction of business. (Res. 2008-054 Exh. A). 100.06.060 Committee staffing. Pursuant to the terms of an interlocal agreement, Whatcom County may provide limited staffing for the advisory committee, providing agendas and other technical support as requested and available. (Res. 2008-054 Exh. A). 100.06.070 Election of officers. At its initial meeting, the advisory committee will elect a chairperson, vice chairperson and recording secretary. The vice chairperson shall have the power to perform all duties of the chairperson in his or her absence. The recording secretary shall have the duty to take roll, ensure the presence of a quorum, and record the minutes of each meeting. Thereafter, at its first meeting of each calendar year, the advisory committee shall organize by electing a chairperson, vice chairperson and recording secretary to serve for a period of one year. (Res. 2008-054 Exh. A). 100.06.080 Vacancies. When a vacancy occurs as the result of a completed term, or due to the death, resignation, or unexcused absence from two consecutive regular meetings of an advisory committee, or if for any other reason a member is unable to fulfill the duties of membership, the vacancy will be filled by appointment of the Whatcom County flood control zone district board of supervisors. The Whatcom County flood control zone district board of supervisors 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 and possible vote to appoint are scheduled to occur. Board members shall make nominations from the list of applicants and list of alternate members at this same regularly scheduled meeting. Appointment of the nominees shall occur by an affirmative roll -call vote by a majority of the entire board. In the case of only one applicant/alternate member for a given vacancy, nomination and appointment by general consent may occur. If a position has remained vacant for more than 90 days due to a lack of qualified applications having been received, an applicant who has previously served on the advisory committee may be appointed to serve an additional term, notwithstanding any other provisions of this title. (Res. 2008-054 Exh. A). 100.06.090 Public meetings and records. Written notice of the time and place of any meeting shall be sent to each member of the committee at least five days prior to each meeting. While the subzone advisory committees are not agency -governing bodies subject to the Washington State Open Public Meetings Law, the board of supervisors intends that the subzone advisory committees give public notice of their meetings consistent with that statute, hold meetings open to the public, and record the proceedings of any meeting. No advisory committee shall take any action or make any recommendation to the flood control zone district advisory committee or the board of supervisors except through recorded decisions made at properly noticed public meetings. Records of the subzone advisory committees shall be provided to the river and flood division of the Whatcom County public works department, which shall retain them unless otherwise provided for by agreement between Whatcom County and the Whatcom County flood control zone district. (Res. 2008-054 Exh. A). 441 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010-342 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: S Tan qIr o �D i5 9281DOriginator: Introduction Division Head: ly i` 05ID 1 10112/10 at.Resources/ J. Hutchins SEA' 2 1 2010 Council Dept. Head: g Is- F. Abart 'iV�I�TCOM COUNTY Prosecutor: / 09/I5I/� D. Gibson C O U N C I L Purchasing/Budget.• rn B. Bennett V_ Executive: P. Kremen TITLE OF DOCUMENT: Ordinance Amending Whatcom County Code 16.20 Whatcom County Shellfish Protection Districts ATTACHMENTS: Memorandum, ordinance, and related exhibits SEPA review required? ( ) Yes (X) 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.) The attached ordinance extends the sunset date for the Drayton Harbor, Portage Bay, and Birch Bay Shellfish Protection Districts to December 31, 2012. Public Works - Natural Resources staff recommends the continuation of the shellfish protection districts and feels the work of these groups are vital in identifying and addressing pollution sources that are affecting nearshore marine environments. These districts are also essential to the reclassification of downgraded shellfish areas to approved status and to protecting threatened shellfish areas from future downgrades. COMMITTEE ACTION. COUNCIL ACTION: 9/28/2010: Introduced Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 95-036, 98-069, 2000-028, 2002-069, 2004-061, 2007-003, 2008-055, 2009-245 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. Ordinance: Amending WCC 16.20 Whatcom County Shellfish Protection District 442 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT FRANK M. ABART Director MEMORANDUM TO: The Honorable Pete Kremen, County Executive The Honorable Members of the Whatcom County Council THROUGH: Frank Abart, Director Public Works 7K 'r°'< F04-• FROM: Jon Hutchings, Assistant Director Public Works Scarlet Tang, Senior Planner- Marine Resources RE: Shellfish Protection District Ordinance DATE: September 15, 2010 NATURALRESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 676-6876 FAX: (360) 738-2468 www. whatcomcounty. us Enclosed for your review is a draft ordinance to extend the sunset date of the three shellfish protection districts in Whatcom County to December 31, 2012. Background and Purpose "rhe current sunset date for the three Shellfish Protection Districts (Drayton Harbor, Portage Bay, and - Birch Bay) is December 31, 2010. It is necessary to continue the work of these districts as we still have not achieved enough improvements in water quality in Drayton Harbor to see a complete upgrade of the shellfish growing area, Portage Bay water quality is beginning to decline again, and Birch Bay recovery actions are still in their initial stages. Following is a brief history of how and why the districts were created. RCW 90.72 requires the legislative authority of a county to create a shellfish protection district within 180 days of the State Department of Health closing or downgrading a shellfish growing area due to the degradation of water quality from ongoing non -point source pollution. The regulations also require that a shellfish protection program be developed to identify and address the causes of the pollution. The legislative authority is the governing body of the district, but can appoint a local advisory committee to advise them on issues related to the shellfish protection program. The shellfish program should contain elements that deal with non -point pollution that affects the shellfish growing areas, and "may include but not be limited to, requiring the elimination or decrease of contaminants from stormwater runoff, establishing monitoring, inspection, and repair elements to ensure that on -site sewage systems are adequately maintained and working properly, assuring that animal grazing and manure management practices are consistent with best management practices, and establishing educational and public involvement programs to inform citizens on the causes of the threatening non -point pollution and what they can do to decrease the amount of such pollution." The Whatcom County Council created a shellfish protection district for Drayton Harbor in July 1995, for Portage Bay in March 1998, and for Birch Bay in May 2009. These actions were required as a result of closures and downgrades in these areas due to pollution. Advisory committees were formed for all districts to assist the Council, by helping to identify and address the various pollution sources that could be affecting the shellfish growing areas. Ordinance: Amending WCC 16.20 Whatcom County Shellfish Protection District 443 Initial closure response strategies were developed for the three districts, identifying potential pollution sources in each one. An updated shellfish recovery plan was adopted for Drayton Harbor in 2007. The advisory committees use these documents to help address these areas of concern and to help track progress being made in reducing or eliminating the various pollution sources. Significant work has been done in the Drayton and Portage districts to address the various pollution sources, with similar tasks beginning in Birch Bay. A few examples include: • Water quality monitoring programs to identify priority drainages • On -site sewage system surveys and increased education on maintenance • Nutrient management plans for dairy farms • Cornlmunity outreach and development of farm plans for small farms • Repairs and upgrades to municipal sewer systems We have seen some improvements in water quality in both the marine and freshwater systems, to the extent where at least partial upgrades have occurred in the Drayton and Portage shellfish districts. However, additional work is needed. Public Works staff recommends the continuation of the three shellfish protection districts. The work of these entities is vital in identifying and addressing pollution sources that are affecting nearshore marine environments. These districts are also essential if we wish to see downgraded shellfish areas reclassified to approved status and threatened shellfish areas protected from future downgrades. If you have any questions or concerns regarding the ordinance for extension of the sunset dates for the shellfish protection districts, please contact Erika Stroebel at extension 50692 or Scarlet Tang at 50638. Encl. Ordinance: Amending WCC 16.20 Whatcom County Shellfish Protection District A I Ninth Drayton Harbor/Portage Bay/Birch Bay Shellfish Ord. 2009 SPONSORED BY: Consent 2 PROPOSED BY: Public Works 3 :INTRODUCED: 9/28/10 4 5 6 ORDINANCE NO. 2010- 7 8 AMENDING WHATCOM COUNTY CODE 16.20 9 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT 10 11 WHEREAS, on July 18, 1995, the Whatcom County Council adopted 12 Ordinance 95-036, creating the Drayton Harbor Shellfish Protection District, with a 13 sunset date of December 31, 1998; and 14 WHEREAS, on March 24, 1998, the Whatcom County Council amended the 15 Whatcom County Code Chapter 16.20 to create the Portage Bay Shellfish Protection 16 District; and 17 WHEREAS, on May 26, 2010, the Whatcom County Council amended the 18 Whatcom County Code Chapter 16.20 to create the Birch Bay Shellfish Protection 19 District; and 20 WHEREAS, the Whatcom County Council subsequently adopted Ordinances 98- 21 069, 2000-028, 2002-069, 2004-061, 2007-003, and 2008-55, each extending the 22 sunset date for the Drayton Harbor and Portage Bay Shellfish Protection Districts by two 23 years; and 24 WHEREAS, numerous efforts have occurred in the Drayton Harbor, Portage Bay, 25 and Birch Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the 26 shellfish beds, through improved partnerships, cooperative efforts and increased 27 , community involvement; and 28 WHEREAS, work needs to continue to ensure that approved shellfish harvest 29 areas maintain "approved" status, and remaining closed areas are reopened, and 30 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 31 sunset dates for the Drayton Harbor Shellfish Protection District, the Portage Bay 32 Shellfish Protection District, and the Birch Bay- Shellfish Protection District shall be 33 extended to December 31, 2012, as indicated in Exhibit A to this Ordinance. 34 ADOPTED this day of 12010. 35 36 WHATCOM COUNTY COUNCIL 37 ATTEST: WHATCOM COUNTY, WASHINGTON I:\MARINE\Shelifish\Ordinances\9th SPD ordinance.doc 1 445 38 39 40 41 42 43 44 45 46 47 48 49 50 Clerk of the Council APPROVED AS TO FORM: Daniel L. Gibson Senior Civil Deputy Prosecuting Attorney Sam Crawford, Council Chair ( ) Approved ( ) Denied Pete Kremen County Executive I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 2 446 51 Chapter 16.20 52 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS 53 Sections: 54 16.20.010 Establishment and authority of district. 55 16.20.015 Purpose. 56 16.20.016 Establishment of program. 57 16.20.020 District boundaries. 58 16.20.040 Revenue authority. 59 16.20.045 Collection of charges or rates and exemptions. 60 16.20.050 Sunset date and dissolution of district. 61 16.20.060 Relationship with other entities. 62 16.20.065 Advisory groups. 63 16.20.090 Severability. 64 16.20.010 Establishment and authority of district. 65 There is hereby established the Drayton Harbor, Portage Bay, and Birch Bay shellfish 66 protection districts under the authority of Chapter 90.72 RCW, Shellfish Protection 67 Districts. (Ord. 2009-245; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord..2004-061; 68 Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036). 69 16.20.015 Purpose. 70 The purpose of these districts is to provide services to citizens experiencing nonpoint 71 pollution of surface water drainages and coastal waters and to implement those 72 portions of the Drayton Harbor, Portage Bay, and Birch Bay closure response strategies 73 necessary to allow removal of the Drayton Harbor, Portage Bay, and Birch Bay 74 downgrades. (Ord. 2009-245; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004- 75 061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036). 76 16.20.016 Establishment of program. 77 The Birch Bay Initial Closure Response Strategy, dated April 28, 2009, is hereby 78 adopted as the Birch Bay shellfish protection program. The Portage Bay Initial Closure 79 Response Strategy, dated February 10, 1998, is hereby adopted as the Portage Bay 80 shellfish protection program. (Ord. 2009-245; Ord. 2008-055 Exh. A; Ord. 2007-003 81 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. Q. 82 16.20.020 District boundaries. I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 3 447 83 The Drayton Harbor shellfish protection district shall be the approximate area included 84 in the Drayton Harbor watershed and contained within the boundaries that are declared 85 as follows: 86 Commencing on the forty-ninth parallel at the point dividing the American and Canadian 87 territory in the Gulf of Georgia; thence easterly along said international boundary line to 88 the intersection of Markworth Road; thence southerly along the centerline of Markworth 89 Road to the intersection of Badger Road; thence easterly along the centerline of Badger 90 Road to the intersection of Glendale Road; thence southerly along the centerline of 91 Glendale Road to the intersection of Loomis Trail Road; thence westerly along the 92 centerline of Loomis Trail Road to the intersection of Bob Hall Road; thence southerly 93 along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road; 94 thence westerly along the centerline of Birch Bay Lynden Road to the intersection of 95 Woodland Road; thence southerly along the centerline of Woodland Road to the 96 intersection of Harksell Road; thence easterly along the centerline of Harksell Road to 97 the intersection of Enterprise Road; thence southerly along the centerline of Enterprise 98 Road to the intersection of Aldergrove Road; thence westerly along the centerline of 99 Aldergrove Road to the intersection of Olson Road; thence northerly along the 100 centerline of Olson Road to the intersection of Grandview Road; thence westerly along 101 the centerline of Grandview Road to the intersection of Valley View Road; thence 102 northerly along the centerline of Valley View Road to the intersection of Bay Road; 103 thence westerly along the centerline of Bay Road to the intersection of Kickerville Road; 104 thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay 105 Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the 106 intersection of Blaine Road; thence northerly along the centerline of Blaine Road to the 107 intersection of Lincoln Road; then westerly along the centerline of Lincoln Road to 108 where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo 109 Parkway to the intersection of Drayton Harbor Road; thence following a line running 110 off -shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to 111 follow existing boundaries of land parcels. 112 The Portage Bay shellfish protection district shall be the approximate area included in 113 the Nooksack watershed and contained within the boundaries that are declared as 114 follows: 115 Commencing on the forty-ninth parallel at the intersection of Markworth Road; thence 116 easterly along said international boundary line to -the easterly section line of Township 117 41 North, Range 3 East, Section 35; thence southerly along said section line to the 118 intersection of Halverstick Road; thence westerly along the centerline of Halverstick 119 Road to the easterly section line of Township 40 North, Range 3 East, Section 3; thence 120 southerly along said section line to the northerly line of Township 40 North, Range 3 121 East, Section 11; thence easterly along said section line to the easterly section line of 122 Township 40 North, Range 3 East, Section 11; thence southerly along said section line 123 to the intersection of East Badger Road; thence easterly along the centerline of East I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 4 448 124 Badger Road to the intersection of Trap Line Road; thence southerly along the 125 centerline of Trap Line Road to the intersection with the City Limits of Everson; thence 126 proceeding easterly along the City Limits of Everson to the intersection with the City 127 Limits of Nooksack; thence proceeding along the City Limits of Nooksack to the easterly 128 section line of Township 40 North, Range 4 East, Section 31; thence southerly along 129 said section line to the northerly section line of Township 39 North, Range 4 East, 130' Section 5; thence easterly along said section line to the intersection with Nooksack 131 Road; thence southerly along the centerline of Nooksack Road to the intersection with 132 Hopewell Road; thence easterly along the centerline of Hopewell Road to the 133 intersection with Lawrence Road; thence southerly along the centerline of Lawrence 134 Road to the northerly section line of Township 39 North, Range 4 East, Section 21; 135 thence easterly along said section line to the westerly section line of Township 39 136 North, Range 4 East, Section 13; thence northerly along said section line to the 137 northerly section line of Township 39 North, Range 4 East, Section 1; thence easterly 138 along said section line to the westerly section line of Township 40 North, Range 5 East, 139 Section 31; thence northerly along said section line to the northerly section line of 140 Township 40 North, Range 5 East, Section 31; thence easterly along said section to the 141 westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along 142 said section line to the northerly line of Township 40 North, Range 5 East, Section 4; 143 thence easterly along said section line to the westerly section line of Township 41 144 North, Range 5 East, Section 34; thence northerly along said section to the 49th 145 parallel; thence easterly along the 49th parallel to the easterly section line of Township 146 41 North, Range 5 East, Section 36; thence southerly along said section line to the 147 northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly 148 along said section line to the easterly section line of Township 40 North, Range 6 East, 149 Section 5; -thence southerly along said section to the northerly section line of Township 150 40 North, Range 6 East, Section 9; thence easterly along said section line to the 151 National Forest Boundary; thence proceeding southerly along said National Forest 152 Boundary to the boundary between Whatcom County and Skagit County; thence 153 westerly along said County boundary to the westerly section line of Township 37 North, 154 Range 5 East, Section 34; thence northerly along said section line to the southerly 155 section line of Township 37 North, Range 5 East, Section 21; thence westerly along said 156 section line to the westerly section line of Township 37 North, Range 5 East, Section 157 21; thence northerly along said section line to the southerly section line of Township 37 158 North, Range 5 East, Section 17; thence westerly along said section line to the westerly 159 section line of Township 37 North, Range 4 East, Section 13; thence northerly along 160 said section line to the southerly section line of Township 37 North, Range 4 East, 161 Section 11; thence westerly along said section line to the westerly section line of 162 Township 37 North, Range 4 East, Section 11; thence northerly along said section line 163 to the southerly section line of Township 38 North, Range 4 East, Section 15; thence 164 westerly along said section line to the westerly section line of Township 38 North, 165 Range 4 East, Section 17; thence northerly along said section line to the southerly 166 section line of Township 38 North, Range 4 East, Section 7; thence westerly along said 167 section line to the westerly section line of Township 38 North, Range 4 East, Section 7; I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 5 449 168 thence northerly along said section line to the intersection of East Smith Road; thence 169 westerly along the centerline of East Smith Road to the easterly section line of 170 Township 39 North, Range 3 East, Section 31; thence southerly along said section line 171 to the intersection of Kelly Road; thence westerly along the centerline of Kelly Road to 172 the intersection of Guide Meridian; thence southerly along the centerline of Guide 173 Meridian to the southerly section line of Township 38 North, Range 2 East, Section 1; 174 thence westerly along said section line to the easterly section line of Township 38 175 North, Range 2 East, Section 11; thence southerly along said section to the southerly 176 line of Township 38 North, Range 2 East, Section 11; thence westerly along said section 177 to the easterly section line of Township 38 North, Range 2 East, Section 16; thence 178 southerly along said section line to the intersection with Bellingham Bay; thence 179 recommencing at the westerly section line of Township 38 North, Range 2 East, Section 180 20 in the Nooksack Delta; thence northerly along said section line to the northerly 181 section line of Township 38 North, Range 2 East, Section 17; thence easterly along said 182 section line to the centerline of the Nooksack River; thence following the centerline of 183 the Nooksack River to the intersection with the City Limits of Ferndale; thence westerly, 184 proceeding along the City Urnits of Ferndale to the intersection with Mt. View Road; 185 thence westerly along the centerline of Mt. View Road to the intersection with the City 186 Limits of Ferndale; thence northerly, proceeding along the City Limits of Ferndale to the 187 intersection with Church Road; thence northerly along the centerline of Church Road to 188 the intersection of Aldergrove Road; thence easterly along the centerline of Aldergrove 189 Road to the intersection of Enterprise Road; thence northerly along the centerline of 190 Enterprise Road to -the intersection of Harksell Road; thence westerly along the 191 centerline of Harksell Road to the intersection of Woodland Road; thence northerly 192 along the centerline of Woodland Road to the intersection of Birch Bay-Lynden Road; 193 thence easterly along the centerline of Birch Bay-Lynden Road to the intersection of 194 Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the 195 intersection of Loomis Trail Road; thence easterly along the centerline of Loomis Trail 196 Road to the intersection of Glendale Road; thence northerly along the centerline of 197 Glendale Road to the intersection of West Badger Road; thence westerly along the 198 centerline of West Badger Road to the intersection of Markworth Road; thence northerly 199 along the centerline of Markworth Road to the forty-ninth parallel, POB. 200 The Birch Bay shellfish protection district shall be the approximate area of the Birch Bay 201 watershed and contained within the boundaries that are declared as follows: 202 The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions 203 of Sections 10, 11, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, and 36, Township 40 204 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, and 24, Township 39 North, 205 Range 1 West, Sections 2 through 18, 21,22,23, 24, and 28, Township 39 North, Range 206 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of 207 Willamette Meridian; said Sub Flood Zone boundary more particularly described as 208 follows: (For the purposes of this description Section, Township, and Range may be I:\MARINE\Shellf'ish\Ordinances\9th SPD ordinance.doc 6 450 209 abbreviated as Section #, T # N., R # E. or, W. and abbreviations NE for Northeast, NW 210 for Northwest, SW for Southwest, and SE for Southeast may be used.) 211 Commencing at the point of intersection of the Line of Ordinary High Tide of 212 Semiahmoo Bay with the Southwesterly line of Tract A, Plat of Boundary Ridge in 213 Section 10, T. 40 N., R. 1 W., said point being the True Point of Beginning; Thence 214 Southeasterly along said Southwesterly line of Tract A, and the Southeasterly extension 215 thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence 216 generally Southerly along the centerline of Semiahmoo Parkway 1.5 miles, more or less, 217 to the North -South Center Section Line of Section 14, T. 40 N., R. 1 W.; Thence 218 Northeasterly 750 feet, more or less, to a point 350 feet due South of the most 219 Westerly corner of Lot 65, Saint Andrew's Green Division IV — Phase A; Thence 220 Southeasterly 2000 feet, more or less, to the 1/4 Section Corner common to Sections 13 221 and 14, T. 40 N., R. 1 W.; Thence Southeasterly 1360 feet, more or less, to the SE 222 corner of the North 10 acres of the West 1/2 of the SW 1/4of said Section 13; Thence 223 Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW 224 1/4 of the SE 1/4 of said Section 13; Thence Southeasterly 2380 feet, more or less, to the 225 NE Corner of Section 19, T. 40 N., R. 1 E.; Thence Southeasterly 1000 feet, more or 226 less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of 227 Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of 228 Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to 229 the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said 230 Harborview Estates and Lincoln Green, Division No. 1; Thence Easterly 1015.73 feet 231 along the centerline of said Bayshore Drive to the center of the cul-de-sac at the 232 Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to 233 the NW corner of the SW 1/4of the NE 1/4 of said Section 19; Thence Southeasterly 234 2820 feet, more or less, to the NW corner of the South 330 feet of the SW 1/4of the NW 235 1/4 of Section 20, T. 40 N., R. 1 E.; Thence Southeasterly 2750 feet, more or less, to the 236 NE corner of Crofts Short Plat; Thence Easterly 440 feet, more or less, to the NE corner 237 of the SE 1/4 of the SW 1/4 of said Section 20; Thence Southeasterly 1554 feet, more or 238 less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N., R. 1 239 E., 500 feet Westerly of the NE corner of the NW 1/4 of the NE 1/4 of said Section 29; 240 Thence Southwesterly 1554 feet, more or less, to the SW corner of said NW 1/4 of the 241 NE 1/4 of said Section 29; Thence Southeasterly 1/4 mile, more or less to the SE corner 242 of Lot 92, plat of Double RR Ranch; Thence Southeasterly 875 feet, more or less, to the 243 NE corner of Lot 46, said Plat of Double RR Ranch; Thence Southerly 700 feet, more or 244 less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence Southwesterly 245 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch; 246 Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double 247 RR Ranch; Thence Southeasterly 962 feet, more or less, to the center of the SE 1/4 of 248 the SE 1/4 of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on 249 the North line of Section 32, T. 40 N., R. 1 E. 397 feet Westerly of the NE Corner of said 250 Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW 1/4 of 251 Section 33, T. 40 N., R. 1 E.; Thence Easterly along the East-West centerline of said NW I:\MAPINE\Shellfish\Ordinances\9th SPD ordinance.doc 7 451 252 1/4 660 feet, more or less to the Northwesterly right-of-way line of the GNRR (BNSF) 253 Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right-of- 254 way line to the Section Line common to said Section 32 and Section 5, T. 39 N., R 1 E.; 255 Thence Southeasterly 1458 feet, more or less to the NW corner of the SW 1/4 of the NW 256 1/4 of the NW 1/4 of Section 4, T. 39 N., R 1 E.; Thence Southeasterly 1476 feet, more or 257 less, to the NW corner of the SE 1/4 of the NW 1/4 of said Section 4; Thence Easterly 258 1320 feet, more or less, to the NE corner of said SE 1/4 of the NW 1/4; Thence 259 Southeasterly 3300 feet, more or less, to the NE corner of the SE 1/4 of the NE 1/4 of the 260 SE 1/4 of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner 261 of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N., R 1 E.; Thence East 262 1320 feet, more or less, to the North -South Center Section Line of said Section 3; 263 Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW 1/4 of the SW 264. 1/4 of Section 2, T. 39 N., R 1 E.; Thence Southeasterly 2800 feet, more or less, to the 265 most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2; Thence 266 Southeasterly ,1050 feet, more or less, to a point on the East-West Center Section Line 267 of Section 11, T. 39 N., R 1 E., 1 rod Westerly of the NE corner of the NW 1/4 of the SE 268 1/4 of said Section 11; Thence Southwesterly 677 feet, more or less, to the midpoint of 269 the South line of the North 1/2 of the East 1/2 of the East 1/2 of said NW 1/4 of the SE 1/4; 270 Thence Southeasterly 841feet, more or less, to a point on the South line of the NE 1/4 of 271 the SE 1/4 of said Section 11, 355.71 feet Easterly of the SW corner of said NE 1/4 of the 272 SE 1/4; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the 273 center of the SE 1/4 of the SE 1/4 of said Section 11; Thence East 105 feet to said center 274 of the SE 1/4 of the SE 1/4; Thence Southeasterly 933 feet, more or less, to the NE 275 Corner of said Section 13, T. 39 N., R 1 E.; Thence Easterly 240 feet along the North 276 line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner 277 of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a 278 point on the South line of the West 1/2 of the NE 1/4 of the NW 1/4 of said Section 13, 279 trod Westerly of the SE corner of said West 1/2; Thence Southeasterly 1483 feet, more 280 or less, to the Center of said Section 13; Thence Southeasterly to the SE corner of Lot 281 126, Plat of Pacific Highlands Division No. 4; Thence generally Southerly following along 282 the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence 283 Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I, 284 Thence Southerly along the West line of said Plat 38.51 feet; Thence Southerly 275 285 feet, more or less, to a point on the South line of said Section 13, 285.5 feet West of 286 the SE corner of the SW 1/4 of the SE 1/4 of said Section 13; Thence Southeasterly 1325 287 feet, more or less, to a point on the South line of the NW 1/4 of the NE 1/4 of Section 24, 288 T. 39 N., R 1 E., 165 feet Westerly of the SE corner of said NW 1/4 of the NE 1/4; Thence 289 Westerly 495 feet, more or less, along the South line of said NW 1/4 of the NE 1/4 to the 290 SW corner of the SE 1/4 of said NW 1/4 of the NE 1/4; Thence Southwesterly to a point on 291 the North -South Center Section Line of said Section 24, 300 feet Southerly of the NE 292 corner of the SE 1/4 of the NW 1/4 of said Section 24; Thence Southwesterly 1063 feet, 293 more or less, to a point on the South line of said SE 1/4 of the NW 1/4, 300 feet Westerly 294 of the SE corner of said SE 1/4 of the NW 1/4; Thence Northwesterly 1072 feet, more or 295 less, to a point on the West line of said SE 1/4 of the NW 1/4, 330 feet Northerly of the I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 8 452 296 SW corner of said SE 1/4 of the NW 1/4; Thence Northerly 990 feet, more or less, along 297 the West line of said SE 1/4 of the NW 1/4 to the center of the NW 1/4 of said Section 24; 298 Thence"Northwesterly 738 feet, more or less, to the center of the South 1/2 of the NW 299 1/4 of the NW 1/4 of said Section 24; Thence Northwesterly 467 feet, more or less, to a 300 point on the South line of the North 1/2 of said NW 1/4 of the NW 1/4, 330 feet Easterly of 301 the SW corner of said North 1/2; Thence Northwesterly to a point on the North line of 302 said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence 303 Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39 304 N., R. 1 E., 400 feet Northerly of the SW corner of said Section 13; Thence West 200 305 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section 306 14, T. 39 N., R. 1 E., 200 feet Westerly of the SE corner of said Section 14; Thence 307 Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/4 of the NW 308 1/4 of the NE 1/4 of Section 23, T. 39 N. R. 1 E.; Thence Southerly 660 feet, more of less, 309 to the center of the NE 1/4 of said Section 23; Thence Northwesterly 1361 feet, more or 310 less, to the Northwest corner of the South 330 feet of the West 1/2 of the NW 1/4 of the 311 NE 1/4 of said Section 23; Thence Northerly 330 feet, more or less, to the Northwest 312 corner of the SW 1/4 of said NW 1/4 of the NE 1/4; Thence Northwesterly 933 feet, more 313 or less, to the Northwest corner of the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section 314 23; Thence Westerly 2280 feet, more or less, along Section Line common to said 315 Sections 14 and 23, and Sections 15 and 22, T. 39 N., R 1 E. to a point 300 feet 316 Westerly of the Northeast Corner of said Section 22; Thence Southerly 1980 feet, more 317 or less, parallel with the East line of said Section 22, to the North line of the South 1/2 318 of the SE 1/4 of the NE 1/4 of said Section 22; Thence Southwesterly 752 feet, more or 319 less, to the midpoint of the North line of the NE 1/4 of the SE 1/4 of said Section 22; 320 Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said 321 NE 1/4 of the SE 1/4; Thence Southwesterly 955 feet, more or less, to a point on the 322 West line of said NE 1/4 of the SE 1/4 and 300 feet Northerly of -the SW corner of said NE 323 1/4 of the SE 1/4; Thence Southwesterly 1063 feet, more or less to a point on the North 324 line of the SW 1/4 of the SE 1/4 300 feet Easterly of -the NW corner of said SW 1/4 of the 325 SE 1/4; Thence Southwesterly 424 feet, more or less, to a point on the West line of said 326 SW 1/4 of the SE 1/4 300 feet Southerly of the NW corner of said SW 1/4 of the SE 1/4; 327 Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short 328 Plat; Thence Southwesterly 738 feet, more or less, to the SW corner of Lot A, Lake 329 Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of 330 'the South 1/2 of the SW 1/4 of the SW 1/4 of said Section 22; Thence West 400 feet; 331 Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21, 332 T. 39 N., R. 1 E. and 600 feet Westerly of the SE corner of said Section 21; Thence 333 Southwesterly 725 feet, more or less, to a point on the North line of the South 1/2 of the 334 NE 1/4 of the NE 1/4 of Section 28, T. 39 N., R. 1 E. and 900 feet Westerly of the East 335 line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 336 660 feet, more or less, to the North line of the SE 1/4 of the NE 1/4 of said Section 28; 337 Thence Southeasterly 725 feet, more or less, to a point on the North line of the South 338 1/2 of the SE 1/4 of the NE 1/4 of said Section 28 and 600 feet Westerly of the East line of 339 said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 9 453 340 line of said NE 1/4 and 1000 feet Westerly of the East line of said Section 28; Thence 341 Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly, 342 parallel with the East-West Center Section Line of said Section 28, 500 feet; Thence 343 Southwesterly 665 feet, more or less, to the midpoint of the East line of the West 1/2 of 344 the NW 1/4 of the SE 1/4 of said Section 28; Thence Southwesterly 675 feet, more or 345 less, to a point on the North -South Center Section Line of said Section 28 and 800 feet 346 South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less, 347 to the Northwest corner of the East 1/2 of the NE 1/4 of the SW 1/4 of said Section 28; 348 Thence Northwesterly 1476 feet, more or less, to the center of -the NW 1/4 of said 349 Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line 350 of said Section 28 and 1245 feet Westerly of the North 1/4 Corner of said Section 28; 351 Thence Northeasterly 1/4 mile, more or less, to the point of intersection of the centerline 352 of Rainbow Road with the East-West centerline of the SW 1/4 of Section 21, T. 39 N., R. 353 1 E.; Thence Northwesterly 0.4 miles, more or less, along said centerline of Rainbow 354 Road to the South line of the North 1/2 of the SW 1/4 of the NW 1/4 of said Section 21; 355 Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the 356 West 1/2 of said SW 1/4 of the NW 1/4; Thence Northerly 1320 feet, more or less, parallel 357 with the West line of said Section 21, to North Line of said Section 21; Thence 358 Northeasterly 1650 feet, more or less, to the center of the SW 1/4 of Section 16, T. 39 359 N., R. 1 E.; Thence Northeasterly 1361 feet, more or less, to a point on the East-West 360 Center Section Line of said Section 16 and 990 feet Westerly of the Center of said 361 Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot 362 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to 363 a point on the South Line of Section 9, T. 39 N., R. 1 E. and 208 feet Westerly of the SE 364 corner of the SW 1/4 of the SE 1/4 of the SW 1/4 of said Section 9; Thence Northwesterly 365 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the 366 North 3/4 of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 9; Thence 367 Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9; 368 Thence Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the 369 NE 1/4 of the NE 1/4 of Section 17, T. 39 N., R. 1 E.; Thence Southwesterly 1325 feet, 370 more or less, to a point on the North -South Center Section Line of said Section 17 and 371 1100 Southerly of the North 1/4 Corner of said Section 17; Thence Southwesterly 696 372 feet, more or less, to the midpoint of the South line of the NE 1/4 of the NW 1/4 of said 373 Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of 374 said NE 1/4 of the NW 1/4 and 1100 feet Southerly of the NW corner of said NE 1/4 of the 375 NW 1/4; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of 376 said Section 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence 377 Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39 378 N., R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13; Thence 379 Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line 380 of Section 24, T. 39 N., R. 1 W. to the Line of Ordinary High Tide of the Strait of 381 Georgia; Thence generally Northerly, following along the Line of Ordinary High Tide of 382 the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the 383 True Point of Beginning. I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 10 454 384 (Ord. 2009-245; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 385 2002-069; Ord. 98-019 Att. C; Ord. 95-036). 386 16.20.040 Revenue authority. 387 The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the 388 discretion of the board of supervisors, which shall be the county council for the 389 operation of these districts. (Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004- 390 061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036). 391 16.20.045 Collection of charges or rates and exemptions. 392 Property owners within these shellfish protection districts may be assessed charges or 393 rates as allowed by Chapter 90.72 RCW to finance the shellfish protection programs. 394 The owner of any property within a shellfish protection district which is exempt from 395 charges or rates because such property is subject to the National Pollution Discharge 396 Elimination System as specified in RCW 90.72.070 shall demonstrate such exemption 397 annually to the county assessor. If evidence of exemption is not provided, the property 398 will automatically convert from exempt status and the property will be subject to 399 charges or rates. Land exempt from charges and rates as specified in RCW 90.72.070 400 because of its forest land classification will automatically convert from exempt status if 401 the land classification changes and will be subject to charges or rates. (Ord. 2009-245; 402 Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 98- 403 019 Att. Q. 404 16.20.050 Sunset date and dissolution of district. 405 The Drayton Harbor shellfish protection district shall be dissolved on December 31, 406 2&102012, unless specifically extended by ordinance of the county legislative authority, 407 or upon the removal of the downgrade. The Portage Bay shellfish protection district 408 shall be dissolved and this chapter repealed on December 31, 2 1-02012, unless 409 specifically extended by ordinance of the county legislative authority, or upon the 410 removal of the downgrade. The Birch Bay shellfish protection district shall be dissolved 411 and this chapter repealed on December 31, 291-02012, unless specifically extended by 412 ordinance of the county legislative authority, or upon the removal of the downgrade. 413 These districts may also be dissolved by the county legislative authority by ordinance. 414 The county legislative authority shall review the continued need for these districts four 415 months prior to their sunset dates. (Ord. 2009-245; Ord. 2008-055 Exh. A; Ord. 2007- 416 003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 2000-028; Ord. 98-069; Ord. 98-019 417 Att. C; Ord. 95-036). 418 16.20.060 Relationship with other entities. 419 No program or activity proposed by the district shall replace or consolidate existing 420 activities performed by cities or other non -County provided water -related special I:\MARINE\Shellfish\Ordinances\9th SPD ordinanc,.d. 11 455 421 purpose districts without their consent. In formulating new programs, consultation and 422 coordination shall occur with cities and other water -related special districts. (Ord. 2009- 423 245; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004-061; Ord. 2002-069; Ord. 424 98-019 Att. C; Ord. 95-036). 425 16.20.065 Advisory groups. 426 The board of supervisors shall appoint advisory committees of not more than 11 427 members to advise on the overall operations of these districts. Two of the 11 members 428 will represent tribal interests of the Nooksack Tribe and Lummi Nation. In establishing 429 district advisory committees, all members shall have a direct interest in the district. 430 (Ord. 2009-245 Att. C; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; Ord. 2004-061; 431 Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036). 432 16.20.090 Severability. 433 If any provision of this chapter is found to be invalid, all remaining provisions shall 434 continue in effect. (Ord. 2009-245 Att. C; Ord. 2008-055 Exh. A; Ord. 2007-003 Exh. A; 435 Ord. 2004-061; Ord. 2002-069; Ord. 98-019 Att. C; Ord. 95-036). I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 12 456 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 264 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: County Cou 6/28/2010 10/12/2010 County Council Division Head: Dept. Head: Prosecutor: Purchasin Bud et: Executive: TITLE OF DOCUMENT. Appointment to the Solid Waste Advisory Committee ATTACHMENTS: Application SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Application of Marjorie Ann Leone to public interest group representative of Solid Waste Advisory Committee, representing ReStore. 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.whatcomwa.uslcouncil. 457 PETE KREMEN County Executive SEP 2 7 2010 COUNCILMEMBERS: Barbara E. Brenner Sam Crawford Kathy Kershner Bill Knutzen Ken Mann L. Ward Nelson Carl Weimer WHATCOMNCCOUNTY APPLICATION FOR APPOINTMENT TO WHATCOM COUNTY BOARDS AND. COMMISSIONS Name of board or committee -please see reverse: IDrnm.tf£� Which position on this board are you applying for (if applicable)? 11V �U%(.�C. lv� n4- C Yvup Which Council district do you reside in? .K One ( ) Two ( ) Three Are you a US citizen? M yes ( ) no Are you a registered voter? M yes ( ) no Name: Karx Qr1 L &V-" 1_.l°,yinC2 Date: �12� � L O Street Address 2-913 -;raa-A City: Zip Code: Mailing Address (if different from street address): wt� Day Telephone: 3W) -'9 15 Evening Telephone: 3(oO - (oil _ to(o Z-0 Fax Number: 3&1) - _115- 9434 E-mail address: Occupation (If retired, please indicate former occupation): FeAA AAzLn"cp kc R- S-0r�_ Professional/Community Activities: Foiryry� saki fi,-, kos lase vj?J*-,s Education: 'FA 1Eg4k�S>., fW►-� ti--Q, Of- aaS lt4t_ca:� Qualifications related to position: 12 uPar,� e"04 yonni al 104. ADYLTi,/.be�mz, por. Describe why you are. interested in serving on this board or commission: tkat -AA 111h�-v Oc.ISO Itid I C-J,)to I an ("bA'J_ 1'�_Up_ ORt\dY-6 t,-7fM OV14rS 0Y1 J�t Uro,'4Ce. Do you or ydur 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): lwr+ isr✓lcur 5&0 - S6 ­{33-7 -1�)c F—A MdS7— (oi b - 10129- eV-t, 5091 �j 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.