HomeMy WebLinkAboutPacket Oct 22 2013WHATCOM CO UNTY CO UNCIL AGENDA BILL NO. 2 013— 3 3 3
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twh
10115113
10122113
Finance
Originator.
Division Head:
Dept. Head:
: Yz •.8 A i i F
Prosecutor:
�� �mcil-
Purchasing/Budget:
r® is 13
Executive:
TITLE OF DOCUMEN utive Louws will provide a brief summary of the mid -biennium budget review.
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.)
Executive Louws will brief Council on the 2014 budget review process.
COMMITTEE ACTION. •
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website
at: www.co.whatcom.wa.us/council.
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-326
CLEARANCES
Initial
Date
Date Received in Council Offilce
Agenda Date
Assigned to:
on ;natore
Ci
(
I`=7 11 l 1!I r' !'°
)1 I_�-_ �� 11-; V [(_� J
�'_ >
1018113
Intro
Division Head:
10122113
Finance
Committee;
208
Council
Dept. Head:
Prosecutor:
� , � i." R
C
COUNCIL
Purchas;n /B:,d et:
AW-UNCI
�6 r
Executive:
TITLE OF DOCUM76, 2013 Supplemental Budget Request #12
ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public !tearing, 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 llte action.)
Supplemental #12 requests funding from the Jail Fund:
1. To appropriate $660,730 to fund extraordinary medical costs from reimbursement proceeds.
Public Utilities Fund.
2. To appropriate $300,000 to fund EDI grant for West Bakerview overpass project.
Equipment Rental and Revolving Fund.
3. To appropriate $80,000 to fund outside repairs and maintenance.
4. To appropriate $400,000 to fund inventory purchases of road oil.
S. To appropriate $40,000 to fund contaminated soil cleanup.
6. To appropriate $8,000 to fund grounds maintenance in and around Central Shop.
COMMITTEE ACTION:
COUNCIL ACTION:
10/08/2013: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 10/8/13
ORDINANCE NO.
AMENDMENT NO. 12 OF 'rHE 2013 BUDGET
WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013-2014
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2013-
2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the
following additional amounts to the 2013 budget included therein:
Expenditures
Revenues
Net Effect
Jail Fund
660,730
660,730
-
Public Utilities Improvement Fund
300,000
(300,000)
-
Equipment Rental and Revolving Fund
528,000
(445,600)
82,400
Total Supplemental
1,488,730
(1,406,330)
82,400
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO F M:
en4_t�'__A
Ci it Deputy Prosecutor
, 2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2013—Suppl\SupplernentaI #12-2013.doc
3
WHATCOM COUNTY
Summary of the 2013 Supplemental Budget Ordinance No. 12
Net Effect to
Increased
Fund Balance
Expenditure
(Increased)
(Increase)
Department/Fund
Description
Decrease
Revenue
Decrease
Jail Fund
To fund extraordinary medical costs from
reimbursement proceeds.
660,730
(660,730)
Public Utilities Improvement Fund
To fund EDI grant for West Bakerview overpass
project.
300,000
(300,000)
Equipment Rental and Revolving Fund
Public Works ER&R
To fund outside repairs and maintenance.
80,000
80,000
Public Works ER&R
To fund inventory purchases of road oil.
400,000
445,600
(45,600)
Public Works ER&R
To fund contaminated soil clean up.
40,000
40,000
Public Works ER&R
To fund grounds maintenance in and around Central
Shop.
8,000
8,000
Total Equipment Rental and Revolving Fund
528,000
(445,600)
82,400
Total Supplemental
1,488,730
(1,406,330)
82,400
M
faw:F1 v
E D
WHATCOM COUNTY SHERIFF'S
MEMORANDUM
S E P 1 "d 2013
TO: Jack Louws, Whatcom County Executive JACK LGOWS
Council Members, Whatcom County Council
FROM.- Wendy Jones, Chief Corrections Deputy, for Sheriff Bill Elfoiil
RE: Supplemental Budget Request #1608 for Spending Authority for
Extraordinary Medical Costs
Please allow this memo to serve as a request for approval of the accompanying budget
supplemental. This supplemental request will provide spending authority for some
extraordinary medical costs tiat were unanticipated during the 2013/2014 budget
preparation.
3
Charges for both of these offenders were filed by the City of Bellingham Police
Department. Under the provision of both the Revised Code of Washington, and our
interlocal agreement with the City, Bellingham will therefore be responsible for
reimbursing the County for all medical expenditures for both of the offender until such
time as their cases are settled.
This request will provide the spending authority within the Corrections Bureau-s budget
to pay all bills associated with these expenses, and will re -coup, each expenditure via
reimbursement by Bellingham.
Chief Wendy Jones is overseeing this process and will be happy to answer any question
you may have. Thank you.
Supplemental Budget Request Status: Pending
Jail
Supp'l ID # 1608 Fund 118 Cost Center 118163 Originator: Wendy Jones
Expenditure Type: One -Time Year 1 2013 Add'I FTE L Add'I Space E Priority 1
Name of Request: Extraordinary Medical Costs
Departm ead Sig ure (Required on Hard Copy Submission) Date
Costs: Object
Object Description
Amount Requested
4369.9001
Miscellaneous Revenues
($660,730)
6140
Overtime
$30 000
..... ... ....... . _ _ -
6210
... ._....-.
Retirement
$2,800
- - --
6230
Social Security
.......... . . ......... . _ _ ........
$2,300
6259
Worker's Comp-Interfund
$630
6630
Professional Services
$40,000
-
6635.007
_... .. .... --...._... _.._..
Health Care Services
-- -----
$20,000
6635
Health Care Services
$500,000
6635.001
St. Joseph Hospital
$65,000
Request Total
$0
la. Description of request:
This supplemental is to obtain spending authority to cover the extraordinary medical costs of 2 offenders
who were seriously injured during the arrest process. Both offenders were arrested by Bellingham Police
Department and therefore the City of Bellingham will be responsible for reimbursement to the County of all
medical and some personnel costs connected with the treatment and guarding of these offenders. The
costs connected with this request include the following:
Treatment at both our local hospital and at Harborview.
Ambulance and Med-flight services
A variety of physicians both locally and in the Seattle area
Physical therapy
Guard detail both locally and via agreement with King County Department of Adult Corrections
Dollar amounts on this supplemental are estimates only, and should costs come in under these
preliminary estimates, the spending authority would not be used for any other purpose.
1b. Primary customers:
City of Bellingham
2. Problem to be solved:
There have been 2 arrest situations that resulted in serious medical issues with the offenders. Current
Jail budget is inadequate to cover these extraordinary expenses. This supplemental will allow all the
resulting medical billing for these two events will be paid out of the Jail's budget, then reimbursed by the
City of Bellingham.
3a. Options /Advantages:
The only other option would be for the City of Bellingham to negotiate directly with each provider, and pay
the bills directly. However, according to RCW 70.48.130 while the Jail has ability to negotiate with
providers to obtain discounts up to the current Medicaid rate, the City of Bellingham does not explicitly
have this ability. The option of having the Jail handle this process is being done to take advantage of the
Thursday, September 26, 2013 Rpt: Rpt Suppl Regular
6
Supplemental Budget Request srarus: Pending
Jail
Supp'l ID 1608 Fund 118 Cost Center 118163 Originator: Wendy Jones
agreements the Corrections Bureau has negotiated over time with providers for discount rates, the
leverage provided by the RCW, and to utilize the services of the Jail's medical billing clerk. This will allow
the greatest cost containment on behalf of the citizens of Bellingham.
3b. Cost savings:
Discounts are unquantifiable at this time but will be tracked by the medical billing clerk.
4a. Outcomes:
NA
4b. Measures:
NA
5a. Other Departments/Agencies:
The City of Bellingham will be responsible for reimbursement of all bills paid under this budget
supplemental.
5b. Name the person in charge of implementation and what they are responsible for.
Bellingham Chief of Police Cook. Chief Cook has already received authorization from the Mayor for these
expenditures.
6. Funding Source:
Reimbursement by the City of Bellingham
Thursday, September 26, 2013 Rpt: Rpt Suppl Regular
7
WHATCOM COUNTY 4G0M co
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108 r
Bellingham, WA 98225-4082
MEMORANDUM
To: Whatcom County Council Members
From: Suzanne Mildner, Grants Coordinator
Subject: Supplemental Budget Request for EDI Program funding
Date: September 23, 2013
Jack Louws
County Executive
Attached is a Supplemental budget request for spending authority on an EDI loan and
grant agreement for which budget authority is required on the grant portion.
The County Council previously approved funding for -the loan portion of City of
Bellingham's West Bakerview Overpass project (early 2012). The EDI loan was paid
out in 2012. At this time, the project is nearing completion and the EDI grant funding is
needed, in accordance with the terms of the Interlocal Agreement.
The Interlocal Agreement with the City of Bellingham was approved and executed in
early 2012. Your approval of this funding will allow the project to continue to
completion. The funding source for this agreement is the Public Utilities Improvement
Fund.
If you have any questions on this matter, please feel free to contact me at ext. 50118.
/Attachment
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-A55
Supplemental Budget Request Status: Pending
Executive
Supp'l io # 1621 Fund 332 Cost Center 332232 Originator: Suzanne Mildner
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: COB West Bakerview Overpass
jab/l3
Department He d Signatur (Required on Hard Copy Submission) Date
Costs: Object _ Object Description - - - - - -- - -- - - Amount Requested
2910.1000 Fund Balance ($300,000)
_.- -----....-- -- ---- -- --...-...
7220 Intergov Subsidies $300,000
......... __ __...... .....
_.__..._. ... ....-_..
Request Total $0
1a. Description of request:
This is a request for EDI Program funding for an EDI Program grant for the City of Bellingham's West
Bakerview Overpass project. In 2011 the City of Bellingham was awarded an EDI Program loan and
grant, and in 2012 the budget authority was approved for the loan portion of funding ($350,000). The
project is now nearing completion and the remaining grant funding, in the amount of $300,000, is needed.
1b. Primarycustomers:
City of Bellingham
2. Problem to be solved:
The City of Bellingham was awarded an EDI grant in the amount of $300,000, which funding will
supplement state and other funding from a variety of sources for the West Bakerview Overpass project.
This project will increase capacity and decrease delays through the I-5 Highway and West Bakerview
Road area.
3a. Options /Advantages:
The EDI Board and County Council previously determined that this project meets the objectives of the EDI
Program project guidelines.
3b. Cost savings:
N/A
4a. Outcomes:
Project completion is estimated to be by December 2013 or early 2014.
4b. Measures:
Final Project report
5a. Other Departments/Agencies:
City of Bellingham
5b. Name the person in charge of implementation and what they are responsible for:
City of Bellingham personnel will submit payment request and final report on project.
6. Funding Source:
Public Utilities Improvement Fund
Wednesday, September 25, 2013 Rpt: Rpt Supp! Regular
9
WHATCOM COUNTY EQUIPMENT SERVICES DIVISION
PUBLIC WORKS DEPARTMENT
901 W. Smith Road
FRANK M. ABART Bellingham, WA 98226-9610
Director Phone (360) 676-6759
Fax (360) 380-8115
QSHI NG�Q
Eric L. Schlehuber, Division Manager
MEMORANDUM
TO: The Honorable Jack Louws, Whatcom County Executive and
Honorable Members of the Whatcom County Council
THROUGH: Frank M. Abart, PW Directo
V
FROM: Eric L. Schlehuber, PW Equipment Services Manage(�j)
RE: 2013 Supplemental Budget Request- ER&R
DATE: September 10, 2013
■ Requested Action
Enclosed for your review and consideration are supplemental budget requests for 2013 (see attached
Supplemental Budget Requests 1580, 1581 and 1585).
■ Background and Purpose
We are submitting a supplemental budget for the following reasons:
Supp'I ID #1580
2013 budget amounts were based on an average of prior year's expenses which
are higher than budgeted in 2013 for outside repairs and maintenance (incl.
drydock) as follows:
Item.. Original budget Budget increase
Repairs & Maintenance $310,000 $80,000
Supp'I ID #1581
■ ER&R procures material and supplies for use/resale to the partner divisions in
Whatcom County such as M&O, Sheriff, Flood, etc. The 2013 and 2014
budgets for road maintenance supplies in M&O were increased for a higher level
of road maintenance activity. Due to an error during the budgeting process, the
budget in ER&R for 2013 and 2014 was not increased accordingly to
accommodate the increased need for road materials and supplies for the M&O
work plan. This action will correct the under -budgeting problem for 2013 and
another supplemental can be anticipated for 2014.
Item.. Original budget Budget increase
Purchases for resale- Road oil $908,000 $400,000
➢ Supp'I ID #1585
■ Unanticipated cost related to the installation of a concrete pad in the last
remaining truck shed with a dirt floor at the Central Shop when contaminated
soils were discovered with remedial costs of:
o Soil disposal- $20,000
o Outside engineering professional services- $9,000
o Hauling of soil and associated dirt work by Road-M&O- $11,000
10
Request Memo — Police Pursuit Vehicle July 29 2011 Page 2 of 2
y Supp'I ID #1602
■ Underbudgeted costs for grounds maintenance (mowing, weedeating, blowing
garbage pickup, etc.) done by the Jail Work crew in and around the Central
Shop of $8,000.
■ Funding Amount and Source
Additional revenue is from increased inventory sales as noted above and fund balance/retained
earnings.
Please contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns
regarding this request.
11
Supplemental Budget Request Status: Pending
Public Works Equipment Services
_.... .__........ .- --__
& cp` ID # 1580 Fund 501 Cost Center 501100 Originator. Eric Schlehuber
Expenditure Type: One -Time Year 1 2013 Add'I FTE Add'I Space ',_.__' Priority 1
Name of Request. Equipment Rental
.......... -6- - - - - - _ -- p _ _ _-------- _.............. _. - _--
r
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
2880.1000 Retained Earnings ($80,000)
7060 Repairs & Maintenance $80,000
Request Total $0
la. Description of request.
Higher than anticipated/under-budgeted outside repairs & maintenance (incl. ferry drydock- Foss
Maritime) $80,000. Original budget of $390,000 for drydock contract AND all other outside repairs &
maintenance for vehicles and equipment. Approved drydock contract approx. $344,000.
?b. Primary customers:
2. Problem to be solved:
Under budgeted for outside repairs & maintenance including drydock contract and all other outside
vehicles and equipment repairs.
3a. Options /Advantages:
N/A
3b. Cost savings:
N/A
4a. Outcomes:
Completion of the annual ferry drydock and outside repairs for all other county vehicles and equipment.
4b, Measures:
N/A
5a. Other Departments/Agencies:
Potentially if there is insufficient budget authority to perform outside repairs & maintenance for all county
fleet vehicles and equipment and have them back in service as soon as feasible.
5b. Name the person in charge of implementation and what they are responsible for.
N/A
6. Funding Source:
Retained earnings/fund balance.
Friday, September 13, 2013 Rpt: Rpt S1�egular
Supplemental Budget Request Status: Pending
Public Works Equipment Services
SuNp', ID A 1 R`t Fund 501 Cost Center 501300 Originator. Eric Schlehuber
Expenditure Type: One -Time Year 1 2013 Add'I FTE I Add'I Space Priority 1
Name of Request: Equipment Rental Central Stores
X d �/3, ?
_gp
Department Head Signature (Required on Hard Copy Submission) Date
Costs; Object Object Description Amount Requested
2880.1000 Retained Earnings $45,600
4348.7000 Sales of Other Merchandi ($445,600)
6480,3421 Purchases For Resale
Request Total
1a. Description of request:
$400,000
$Q
This supplemental budget is necessary for ER&R to procure road oil for use by the Maintenance &
Operations to maintain county roads. Higher than anticipated/under-budgeted inventory purchases for
road maintenance activities - road oil $400,000 (Paramount Petroleum, Contract#201306004 $1.3
million in supplies).
1 b. Primary customers:
Citizens of Whatcom County
2. Problem to be solved:
ER&R procures materials and supplies to sell to Maintenance & Operations throughout the year for road
maintenance. The 2013 budget for road maintenance was increased causing the need for larger amounts
of materials. Due to an error during the budgeting process, a corresponding increase in the ER&R budget
to purchase the materials was not completed to accommodate this increased level of service.
3a. Options / Advantages:
N/A
3b. Cost savings:
N/A
4a. Outcomes:
Sufficient materials will be on hand to meet the increased needs of Maintenance & Operations.
4b. Measures:
The budgeted levels of activity in Maintenance & Operations will be fully supported.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
N/A
6. Funding Source:
ER&R increased revenue from inventory markup on road supplies.
z:. T._ ,.. z-. ..C<, >.,. T;. .ry ,. ,.« u... t. '-N .7t,.. .'_-:tom rfi .ul�. .ifiY�.mx ... A:„ .y.. ,f..., �...., o-t' .�.. _. .,., ..,. .... � .. a:✓..,_s .. ,..� ..
Friday, September 13, 2013 Rpt: Rpt Suppl Regular
13
Supplemental Budget Request Status: Pending
Public Works Equipment Services
Supp'I ID # 1585 Fund 501 Cost Center 501600 Originator. Eric Schlehuber
Expenditure Type: One -Time Year 1 2013 Add'I FTE ! Add'I Space Priority 1
Name of Request: Equipment Rental Facility Division
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description
2880.1000
Retained Earnings
6630
Professional Services
6699,108
Other Services-interfund
6990
Solid Waste
Amount Requested
($40,000)
$9,000
$11, 000
$20,000
Request Total j $0
la. Description of request.
ASR #2013-5015 was approved to install a concrete pad in the last truck shed with a dirt floor at the
Central Shop. Contaminated soils were discovered as part of the prep work for this project and required
that they be dealt with in an environmentally responsible manner. A consultant was brought in for
oversight and the necessary DOE required reporting. These costs were unanticipated as part of the
truck shed concrete pad project and have incurred the following expenses:
Soil disposal at Cemex/Everett - $20,000.
Engineering professional services - $9,000.
Hauling of soil and associated dirt work by the Road Fund - $11,000.
1b. Primary customers:
Road Maintenance & Operations and the citizens of Whatcom County.
2. Problem to be solved:
Removal of contaminated soils with proper disposal in an environmentally and regulatory responsible
and required manner.
3a. Options /Advantages:
N/A
3b. Cost savings:
N/A
4a. Outcomes:
Removal of all contaminated soils with proper disposal per DOE requirements.
4b. Measures:
"Clean" soil test results after removal of all contaminated soils.
5a. Other Departments/Agencies:
N/A
5b. Name the person in charge of implementation and what they are responsible for:
N/A
6. Funding Source:
Fund balance/retained earnings.
Friday, September 13, 2013 Rpt: Rpt Suppl Regular
14
Supplemental Budget Request Status: Pending
Public Works Equipment Services
ScrpN7 _D # �s.2 Fund 501 Cost Center 501600 Originator. Eric Schlehuber
Expenditure Type; One -Time Year 1 2013 Add'I FTE ❑ Add'I Space L, Priority 1
Name of Request. Grounds maintenance in and around Central Shop
) .. �
Department He d Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
j 2880.1000 Retained Earnings ($8,000)
6699.118 _ Other Services-Interfund $8,000
Request Total $0
la. Description of request:
Under budgeted costs for grounds maintenance (mowing, weedeating, blowing garbage pickup, etc.) work
done by the Jail Work Crew @ the Central Shop.
1 b. Primary customers:
All users and customers of the Central Shop.
2. Problem to be solved:
Under budgeted costs for grounds maintenance (mowing, weedeating, blowing garbage pickup, etc.) in
and around the Central Shop.
3a. Options /Advantages:
This is the best option by contracting internally with the Jail Work crew and maintaining county assets at
the Central Shop.
3b. Cost savings:
N/A
4a. Outcomes:
Proper grounds/facility maintenance at the Central Shop.
4b. Measures:
N/A
5a. Other Departments/Agencies:
Increased funding to the Jail Work crew.
5b. Name the person in charge of implementation and what they are responsible for.
N/A
6. Funding Source:
Fund balance/retained earnings.
Friday, September 13, 2013 Rpt: Rpt S I egular
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-327
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator
at
� 2,�, 11 �-
((Z�, I V ---- E-
1. J-j 0Z
10108113
Intro
10122113
Finance Comm;
Division Head
OCT 0 1 2013
WHATCOM COMFY
COUNCIL
Board of Supervisors
Dept. Head:
Prosecutor
Purchasing/Budget:
Executive:
TITLE OFD074UT.- Flood Control Zone District 2013 Supplemental Budget Request #4
ATTACHMENTS. Resolution, Memoranda and Budget Modification Requests
SEPA review required? ) Yes ( x) NO
Should Clerk schedule a hearing? Yes x )NO
SEPA review completed? ) Yes ( x) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you mustprovide the language for use in lite requiredpubfic notice. Be specific and cite RCWor WCC as appropriate. Be
clear in explaining the Intent of the action.)
Supplemental #4 requests funding from the Flood Control Zone District Fund:
1. To appropriate $8,000 to fund WRIA Planning Unit facilitation and meeting support services.
COMMITTEE ACTION.
BOARD OF SUPER VISORS ACTION.
10/8/2013: Introduced
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.uslcouncil.
16
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCTION DATE: 10/8/13
RESOLUTION NO.
(A resolution of the Whatcom County Flood Control Zone District Board of Supervisors)
AMENDMENT NO. 4 OF THE 2013 BUDGET
WHEREAS, the 2013 budget for the Whatcom County Flood Control Zone District and
Subzones was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013 budget;
and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Board of Supervisors,
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone
District Board of Supervisors that the 2013 budget as approved in Resolution 2012-035 is
hereby amended by adding the following additional amounts to the budgets included therein:
Expenditures
Revenues
Net Effect
Flood Control Zone District
8,000
8,000
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPR EED AS TO FORM:
Deputy Prosecutor
2013
WHATCOM COUNTY FCZD
BOARD OF SUPERVISORS
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Board of
Supervisors
I:\BUDGET\SUPPLS\2013_Suppl\FCZDRes#4.doc
17
Flood Control Zone District and Subzones Supplemental #4
Expenditures
Revenues
Fund Balance
To fund WRIA Planning Unit
Flood Control Zone District
facilitation and meeting
support services.
8,000
-
8,000
Total Supplemental
18,000
-
8,000
Me
WHATCOM COUNTY �GOM co
ADMINISTRATION
PUBLIC WORKS DEPARTMENT
clvlc CENTER
322 N.
Commercial Street, Suite 210
FRANK M. ABART
Bellingham, WA 98225-4042
DIRECTOR
�q '�
'to
Telephone: (360) 676-6692
FAX: (360) 738-4561
www. whatcomcounty. us
MEMORANDUM
TO:
The Honorable Jack Louws, Whatcom County Executive and
Honorable Members of the Whatcom County Council
THROUGH:
Frank M. Abart, PW Director
FROM:
�ot
Chris Brueske, PW Assistant Direc r
RE:
2013 Supplemental Budget Request — Flood Control Zone District
DATE:
September 23, 2013
■ Requested Action
Enclosed for your review and consideration is a supplemental budget request for 2013 (see attached
Supplemental Budget Request #1604).
■ Background and Purpose
This budget request is for partial funding for facilitation and meeting support services for the WRIA 1
Planning Unit (PU). The WRIA 1 Joint Board approved funding in the amount of $14,000 for
facilitation services for four (4) meetings of the PU in 2013. However, the cost of the facilitation and
meeting support services contract is approximately $22,000. This request provides for the difference of
$8,000 from the Flood Fund. The PU is a very diverse caucus -based group and has historically utilized
facilitation. Since the decision making on the PU is by consensus, facilitation increases the ability of the
PU to succeed in its work.
■ Funding Amount and Source
Funding is from the Flood Fund balance.
Please contact Chris Brueske at extension 50693, if you have any questions or concerns regarding this
request.
19
Supplemental Budget Request Status: Pending
Public Works Flood Control Zone District
Su p'1 ro 1604 Fund 169 Cost Center 169121 Originator. • Chris Brueske
Expenditure Type: One -Time Year 1 2013 Add'1 FTE ❑ Add'I Space O Priority 1
Name of Request: WRIA Planning Unit
Department Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
2910.1000 Fund Balance ($8,000)
6630 Professional Services $8,000
Request Total $0
la. Description of request.
This budget request is for partial funding for facilitation and meeting support services for the WRIA 1
Planning Unit (PU). The WRIA 1 Joint Board approved funding in the amount of $14,000 for facilitation
services for four (4) meetings of the PU in 2013. However, the cost of the facilitation and meeting support
services contract is approximately $22,000. This request provides for the difference of $8,000 from the
Flood Fund.
1b. Primary customers:
The Whatcom County Council and the citizens of Whatcom County. The County Council requested
reconvening the PU under Resolution 2013-025.
2. Problem to be solved:
The PU is a very diverse caucus -based group and has historically utilized facilitation. Since the decision
making on the PU is by consensus, facilitation increases the ability of the PU to succeed in its work.
3a. Options /Advantages:
Other options considered include:
1) Not using professional facilitation services. This would not lead to productive output from the PU. If the
PU changes into a more traditional advisory committee, as contemplated in Resolution 2013-025, this
option may become more feasible.
2) Conducting the facilitation with in-house staff. Public Works currently does not have capacity or
expertise to conduct this work.
Facilitation will enhance to ability of the PU to produce the two main deliverables anticipated from the four
(4) planned meetings: a report to Council on representation and a work plan/budget for 2014.
3b. Cost savings:
N/A.
4a. Outcomes:
The ideal outcome of this request would be:
1) a report to the County Council on representation on the PU, and
2) a work plan/budget for the PU in 2014.
During the last PU meeting in 2009, a consensus could not be reached on the future role of the PU.
Thursday, September 26, 2013 Rpt: Rpt Suppl Regular
20
Supplemental Budget Request Status: Pending
Public Works Flood Control Zone District
Supp9 (0 # 1604 Fund 169 Cost Center 169121 Originator. Chris Brueske
4b. Measures:
Reports to Council for the two (2) deliverables shown about under Outcomes.
5a. Other Departments/Agencies:
The county Council has requested regular updates from the PU on their work. The PU will also interact
with the WRIA 1 Initiating Governments through the Joint Board.
5b. Name the person in charge of implementation and what they are responsible for,
Chris Brueske, Assistant Director, is currently working on the effort to reconvene the PU.
6. Funding Source:
Flood Fund balance as authorized under RCW 39.34.190.
Thursday, September 26, 20I3 Rpt: Rpt Suppl Regular
21
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-334
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assi ned to:
Finance & Adinin
Originator:
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10110113
10122113
Svcs Committee and
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Council Agenda
Division Head:
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Dept. Head:
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Prosecutor.-
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Purchasing-lBudget:
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Executive:
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TITLE OF DO
2014 Unrepresented Resolution
A TTA CHMENTS.
2014 Unrepresented Resolution
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.)
Proposed changes to Unrepresented Resolution for 2014.
COMMITTEE ACTION. •
COUNCIL A CTION.-
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
2012-039 & 2013-011
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at. www.co.whatconz.waus/counci1.
PROPOSED BY: Executive
INTRODUCTION DATE: October 22. 2013
RESOLUTION NO. 2013 —
A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND
POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES
EFFECTIVE JANUARY 1, 2014
WHEREAS, it is necessary to establish policies and salaries for the unrepresented
employees; and,
WHEREAS, the Whatcom County Council hereby adopts the following policies for
administration of personnel issues affecting unrepresented employees; and,
WHEREAS, it is nonetheless understood that state law may override certain
stipulations set forth herein; and,
WHEREAS, the Whatcom County Council hereby adopts the concept of a salary
matrix as the basis of establishing salaries for a majority of the non -represented positions;
NOW, THEREFORE, BE IT RESOLVED, that the Council intends that the
Administration should follow the policies set forth below and should place non -represented
employees within the proper range and step according to the FTEs contained in the
adopted budget;
AND FURTHER, THEREFORE, BE IT RESOLVED,
1. DEFINITIONS
1.1 "Unrepresented employee" is defined as either elected officials or non -
represented employees.
1.2 "Elected official" is defined as only those officials elected pursuant to the
provisions of the Whatcom County Charter and Washington State Law (except Superior
Court Judges).
1.3 "Non -represented employee" is defined as all other unrepresented
employees who are appointed to a budgeted full-time equivalent position.
1.4 "Full-time equivalent" and "FTE" are both defined as the currently
assigned percentage, not to exceed currently budgeted full-time equivalency of a position,
as authorized by budget ordinance.
2014 Unrepresented Resolution — Page 1 23
2. NON -REPRESENTED SALARY MATRICES — EXHIBITS A THROUGH F
The monthly salaries of non -represented positions shall be established within the
ranges and steps provided in Exhibits A through F. Exhibits A through F shall be effective
on the date listed on the applicable Exhibit and shall remain in place until changed.
Should a range not be available, a new range will be created which is either a partial range
at 2.15% above the previous range or 4.3% above the previous range depending on
circumstances. Monthly salary amounts indicated are for one (1.00) FTE. These amounts
will be pro -rated for Fractional FTEs. Monthly amounts may be converted to an hourly rate
by dividing the monthly amount by 173.33
2.1 Sub -Ranges. Certain sub -ranges (as designated on the appropriate matrix)
were created to address supplemental compensation replacement for employees who
were receiving compensation under Executive Order 2004-03. These sub -ranges are not
applicable to other individuals. The sub -range is in recognition of previously negotiated
compensation based on multiple assignments, varied duties, working far beyond the hours
required in a regular work week, evening meetings, and responding to emergencies in
order to minimize the cost of administration and provide the greatest flexibility for the
County. Employees in sub -ranges 500.1, 510.1, 510.2, 520.1, 520.2 and 525.1 are not
eligible for Interim Assignment Pay (section 4.6), Emergency Response Pay (section 4.10)
or Paid Administrative Leave (section 4.5).
3. Ol'HER NON -REPRESENTED POSITIONS — EXHIBITS G AND H
Other non -represented positions covered by Exhibits G & H shall be paid a monthly salary
effective on the date listed per the appropriate Exhibit, pro -rated for fractional FTEs, unless
otherwise noted.
3.1 Court Commissioners. Court Commissioners are to be paid at a rate
equivalent to a percentage of the comparable state Court Judge salary level. Any changes
in these Judges' salaries will be reflected in the comparable Court Commissioners'
salaries.
% of Comp. Judge Range
Superior Court Commissioner 85% 903
District Court Commissioner 80% 904
3.2 Flat Rate Positions. Amounts listed in Exhibit G are already pro -rated for
FTE listed.
FTE Range
Court Reporter .875 801
Health Officer .60 802
4. COMPENSATION & EMPLOYMENT
4.1 Step Movement. Within the salary matrices contained in Exhibit A through
H, all steps shall be awarded on the basis of successful job performance. A performance
evaluation must have been completed for employees in Exhibits A through D, G and H
within -the last year and the most recent evaluation must be "3.38" or better overall to
2014 Unrepresented Resolution — Page 2 24
advance on the step date to the next step per the time period indicated on the appropriate
Exhibit on the first day of the appropriate month.
4.2 Reclassification or Promotion. If funding is available within the authorized
budget, Department Heads can request a promotion or reclassification so long as it is in
compliance with County policy on reclassifications (AD140000Z) and it receives written
approval of the County Executive. Individuals who are reclassified (because of the
addition of significantly higher -level duties) or promoted into a higher position shall move to
-the step in the new range as follows. The 'top wage step' is defined as the highest step in
a given range which includes an increase in the wage component (as opposed to an
increase in just the Recognition & Retention component) over the preceding step.
• For employees in Exhibits A, B, C, or D, if a 5% increase would place the employee
below the top wage step in the new range, the employee is placed in the new range in the
step providing at least a 5% increase. The reclassification or promotion date becomes the
next step date.
• For employees currently below the top wage step in Exhibits A, B, C, or D, if a 5%
increase would place the employee at or above the top wage step in the new range, the
employee is placed in the top wage step. The reclassification or promotion date becomes
the next step date.
• For employees currently at or above the top wage step in Exhibits A, B, C, or D, if a
5% increase would place the employee at or above the top wage step in the new range,
the employee is placed in the new range at their current step and maintains their current
next step date.
• For Exhibits E, and F, employees are placed in the step in the new range that
provides at least a 5% increase in base salary, not to exceed the top step of the new
range. The reclassification or promotion date becomes the next step date.
• For movement outside the employee's current Exhibit, if a 5% increase would place
the employee below the top wage step in the new range, the employee is placed in the
new range in the step providing at least a 5% increase. The reclassification or promotion
date becomes the next step date. If a 5% increase would place the employee at or above
the top wage step in the new range, the employee is placed in the new range at their
current step and maintains their current next step date.
4.3 Realignment. If funding is available within the authorized budget,
Department Heads can request consideration during the budget process, on the
appropriate form, realignment of positions the following January, which are paid at least
three percent (3.00%) below the average of at least four (4) of the six (6) comparable
counties (all comparable counties where matches exist must be used). Individuals moving
to a new range because of realignment of non -represented positions or ranges shall be
placed in their current step (but no higher than the top step) one range above their current
range. The effective date of the realignment shall become the step increase date.
Positions which are experiencing recruitment and/or retention difficulties may be looked at
during the year if funding is available within the current year's budget for the department.
4.3.1 Additional Considerations. In the administration of section 4.3 —
Realignment, in the event the County identifies a position as one with documented local
recruitment and/or retention difficulties then secondary comparables based on close
geographical location and sociological issues may be considered.
2014 Unrepresented Resolution — Page 3 25
4.4 Position Movement. Individuals moving to a position in a lower range may
have a salary adjustment up or down depending upon individual qualifications for the
position, the nature of the work performed, and internal equity with no change to the next
step increase date.
4.5 Overtime & Compensatory Time Pay. The provisions for overtime
payments and compensatory time (for working over 40 hours in a week) apply only to non -
represented employees who are covered as non-exempt by the Federal Fair Labor
Standards Act (FLSA). Employees requesting compensatory time in lieu of overtime pay
shall have such request granted up to a maximum of twenty-four (24) hours per calendar
year. Additional compensatory time may be mutually agreed to, but an employee may
accrue no more than a maximum of 80 hours of compensatory time at any time. By mutual
agreement, and per written approval of the department head, an employee may cash out
accrued compensatory time at the end of each calendar year.
In recognition of the contributions non -represented employees sometimes make in
working far beyond the hours required in a regular work week, and the fact that FLSA-
exempt employees do not get overtime or compensatory time, the Executive's Office has
authority to award deserving non -represented FLSA exempt employees up to five (5) days
of paid administrative leave per year. These days must be used in the year awarded
unless County business prevents this occurring, in which case they can be carried over
one year. Administrative leave may only be cashed out upon separation.
The Executive is empowered to authorize extra pay for non -represented employees
during a period of extraordinary circumstances (such as emergency conditions, a strike,
etc.).
4.6 Interim Assignment Pay. From time to time, non -represented employees
may be asked to cover all or part of the duties of a higher -level position during periods of
extended absence, vacancy, or for special assignments. In these instances, interim
assignment pay may be awarded. Department heads shall discuss appropriate rate of
interim assignment pay with Human Resources.
4.7 Employment Opportunities. Non -represented employees who wish to
apply for a union position may do so by the posted closing date for union members. Non -
represented applications will be reviewed only if there are no current eligible and qualified
represented employees from the applicable bargaining unit who apply or who are selected
for the opening. The County, at its sole discretion, may or may not at that time select non -
represented employees for any type of opening, or may proceed with a public posting and
include the non -represented employees in the employment process.
4.7.1 Provisional Appointments. The County may make provisional
appointments for employees not fully meeting all requirements and qualifications. Such
employees will be placed in a range lower than the posted position, receiving at least a 5%
promotional increase (in compliance with section 4.2) and will not receive another
promotional increase upon fully meeting posted requirements. They will maintain their
step increase date when moved to the range of the posted position and be placed in the
step closest to but not less than the provisional appointment rate of pay.
2014 Unrepresented Resolution — Page 4 26
4.8 Disciplinary Suspensions. FLSA-exempt employees are not subject to
unpaid disciplinary suspensions except in increments of full work -weeks, unless the
infraction leading to the suspension is for a violation of a safety rule of major significance.
4.9 Employment at Will. Employment for non -represented employees is at will,
which means either the employee or the County can end the employment relationship
without being legally required to give notice or a reason except as stipulated herein, by
County policy, or by law.
4.10 Emergency Response. Non -represented employees authorized in advance
and required to respond in person to extraordinary emergencies, and works anytime
between the hours of 9:00 p.m. and 6:00 a.m., Monday through Friday and any time on
Saturday or Sunday, shall receive a $100 stipend per incident. If an employee is not on a
pre -approved absence, and response to an incident is during normal hours but extends to
hours or days noted above, no stipend is awarded. If the incident extends beyond 24
hours from the first response by employee and additional responses are required during
times or days noted above, depending upon circumstances, an additional stipend may be
awarded. Pre -authorization for extraordinary emergencies eligibility is provided by an
employee's supervisor in advance with written approval of the department head for a
specific incident requested after the incident occurs. Final approval of a specific incident is
provided by the Executive's Office or designee. In the case of department heads, pre -
authorization and final written approval of a specific incident is provided by the Executive
or designee.
4.11 Recognition and Retention Premium. Recognition and Retention Premium
ceased to exist as a separate compensation item for all but Exhibit E as it was rolled into
applicable matrices.
4.12 Probable Cause Compensation. Any attorney in the Prosecuting
Attorney's Office required to appear on a Saturday or Sunday at a scheduled Probable
Cause hearing shall receive $175 for his/her appearance.
4.13 Nomination for Merit Step.
4.13.1 Merit Step. Non -represented employees who are not at the top
wage step of their assigned range may be nominated by -the department head to the
Executive's Office for a one-step adjustment in recognition of documented exemplary
performance. A step adjustment for merit does not impact the step date.
4.13.2 Documentation. Documented exemplary performance for a merit
step shall include a performance evaluation within the last year with an overall rating of at
least "4.00" with no individual elements or sub -elements at or below the "needs
improvement" level. Additional documentation must be in writing and shall include specific
information as to the employee's contribution:
• to achievement of some element or elements of the strategic plan;
• that has organization- or community -wide impact;
to the completion of a specific, significant department project; or
to a similar type of accomplishment.
2014 Unrepresented Resolution — Page 5 27
4.13.3 Timing,. Nomination requests will normally be submitted during the
budget process, but may be submitted any time during the year. Submission requires
funding to be available within the authorized budget for the department.
4.14 Binding Arbitration Adjustment. In recognition of the fact that two
bargaining units within the Sheriff's Office have access to binding interest arbitration,
unrepresented employees in the Sheriff's Office shall receive or be eligible for, on
approximately the same basis as employees directly reporting to them, the following items:
• Pay increases, including retroactivity (non -represented employees only).
• The same basis for calculating Recognition and Retention Premium
(Longevity). Performance evaluation within last year must be 3.38 or better
overall in order to be eligible for the Premium (non -represented employees
only).
• The same annual clothing allowance if they must maintain a dress uniform.
• Medical coverage.
4.15 Ability to Cross Border. Employees must maintain the ability to cross the
Canadian border if they are assigned to a position which may at any time require crossing
the Canadian Border.
5. SCHEDULING
5.1 Work Schedule. The hours of operation may vary between departments
and divisions in order to better serve the public.
5.2 Alternative Schedule. Alternative scheduling allows the hours and the
basic workday or workweek of an employee to be modified from the department standard
to attend to County business or to accommodate a different schedule. Approval of
alternative scheduling for FLSA non-exempt employees shall not allow for greater than
forty (40) hours of compensation in any one work week, shall provide for no reduction in
service to the public, and must not increase the .County's compensation costs. Alternative
scheduling requires the mutual agreement of the employee and the department head and
approval of the Executive's Office or designee. FLSA non-exempt employees may not
accumulate or not take lunch and/or rest breaks in order to shorten the workday or work
week.
5.3 Flex Time. Periodic flex time may be used for personal employee matters,
to make up doctor, vision or dental appointments, to attend meetings or to perform work on
behalf of the County. Approval of flex time for FLSA non-exempt employees shall not
allow for greater than forty (40) hours of compensation in any one work week, shall provide
for no reduction in service to the public, and must not increase the County's compensation
costs. Flex time requires the mutual agreement of the employee and the department head
or designee. FLSA non-exempt employees may not accumulate or not take lunch and/or
rest breaks in order to shorten the workday or work week.
6. LEAVES
6.1 Sick Leave. For -the purpose of sick leave benefits, sick leave shall accrue
to each 1.0 FTE non -represented employee in Exhibits C through H from their date of hire
2014 Unrepresented Resolution — Page 6 28
in the amount of eight (8) hours for each month of employment, if benefits eligibility criteria
are met, to a maximum of nine hundred and sixty (960) hours except as outlined below.
6.1.1 Part -Time Employees' Sick Leave Accrual Rate. Part-time
employees' sick leave accrual rate will be pro -rated per currently assigned, but not more
than their budgeted FTE.
6.1.2 Additional Accrual. A non-LEOFF II employee who has accrued nine
hundred and sixty (960) hours at the end of the last pay period of any year shall be allowed
to accrue up to one thousand and fifty-six (1,056) hours (960 hours + up to 96 hours
annual accrual) of sick leave during the year immediately subsequent. These additional
hours of accrual may not be cashed out. The employee's total accrual reverts back to no
more than nine hundred and sixty (960) hours at the end of the last pay period of the year.
6.1.3 Sick Leave Usage. Eligible employees may request sick leave as
accrued and it may be used in increments of less than one scheduled workday, but not
less than one hour for FLSA exempt employees.
6.1.4 Proof of Illness. Upon request, an employee shall provide the
County with proof of incapacitating illness or injury for themselves and all persons covered
by section 6.1.6.
6.1.5 Excess Sick Leave Contributions. Employees under Exhibits C
through H who have at least 960 hours in their sick leave bank the first and last pay period
of the year (or at the beginning of a calendar year and upon termination in that same year)
will receive a contribution into their Health Savings Account (HSA), if they have one, or if
they do not have an HSA, into a Retirement Health Savings (RHS) plan, based upon a
portion of the hours accrued but not used during the year. Sick leave hours accrued to a
maximum of forty-eight (48) hours will apply to a partial contribution to a Health Savings
Account or Retirement Health Savings Plan if less than forty-eight (48) hours of sick leave
are used that year. Calculation is based on 25% of eligible hours, paid at the rate in effect
at year end.
6.1.6 Sick Leave for Family Care. Sick leave can be used to care for the
child of an employee with a health condition that requires treatment or supervision, or for
the care of an employee's spouse, domestic partner, registered spousal equivalent (up to
forty (40) hours per year), parent, parent -in-law or grandparent with a serious health
condition or an emergency condition. Domestic partners must be registered with the
Washington State Office of the Secretary of State and spousal equivalents must be
registered with AS -Human Resources prior to requesting sick leave usage.
6.1.7 Sick Leave Cashout. A non -represented employee with three (3) or
more years of current, continuous employment with the County shall be entitled to sick
leave cashout upon voluntary separation, layoff or death in the amount of twenty five
(25%) percent, or fifty (50%) percent if hired before May 15, 1984, of accrued hours up to a
maximum of 960 hours. Employees must give at least two (2) weeks' notice prior to
separation to be eligible for sick leave cashout.
6.1.8 Sick Leave Sharing. Sick leave sharing is available to non -
represented employees per the County's Sick Leave Sharing Program. Each employee
may donate up to a maximum of twenty-four (24) hours per calendar year. 29
2014 Unrepresented Resolution — Page 7
6.1.9 LEOFF II Accrual Maximum. LEOFF II non -represented employees
may accrue sick leave up to a maximum of one thousand, four hundred and forty (1,440)
hours. No more than nine hundred and sixty (960) hours shall be used as a base for
calculating sick leave cashout. If any hours are used per section 6.1.5 for partial
contribution to a Health Savings Account, if they have one, or if they do not have an HSA,
into a Retirement Health Savings Plan, any hours used in that calculation will no longer be
available to the employee and will be deducted from the accrual bank.
6.1.10 Sheriff's Office. Non -represented employees in -the Sheriff's Office
(including Emergency Management and the Jail) who have employees directly reporting to
them who receive an additional five (5) days of vacation if they have seventy-five (75) days
of sick leave on December 31 of any year shall receive the same consideration.
6.2 Vacation. Non -represented employees under Exhibits C through H (except
court reporters and superior court commissioners) shall be entitled to vacation accrual
benefits if benefits eligibility criteria are met. Accruals for 1.0 FTE's will be in accordance
with the following schedule with the first employment year being the year hired and
subsequent employment years being the first of the year. Prior regular County
employment may be considered when determining employment year.
During 1 st through 4th employment year accrue 10.00 hours per month
During 5th through 9th employment year accrue 13.34 hours per month
During 10th and subsequent years accrue 16.67 hours per month
Vacation leave may be requested as accrued and approved and may be used in
increments of less than one scheduled workday, but not less than one hour for FLSA
exempt employees. No more than two hundred and forty (240) vacation hours may be
carried forward from one year to the next, otherwise unused vacation in excess of two
hundred and forty (240) hours at the end of the last pay period in any year shall be
forfeited. The express purpose of vacation leave is to allow employees to take time away
from work to relax, recreate and otherwise attend to personal matters. It is the policy of
Whatcom County that non -represented employees shall take the regular vacation time
allocated each year for the good of the employee and the County. If funds exist in the
department's current budget, by mutual written agreement between the non -represented
employee, -the department head and the Executive's Office, vacation anticipated to be
above the 240 hours carryover maximum can be cashed out each calendar year in the
amount of 50% of accrued hours up to a maximum of eighty (80) hours. Upon separation,
accrued vacation hours will be cashed out at 100%.
6.2.1 Part -Time Employees' Vacation. Part-time employees' vacation
accrual rate will be pro -rated per currently assigned, but not more than their budgeted
FTE. FLSA non-exempt employees will receive extra vacation pay, on a quarterly basis,
based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00
FTE).
6.2.2 Compassionate Leave. Employees may donate accrued vacation
leave or paid time off to employees for the serious health condition (as defined by FMLA)
of an employee or as otherwise provided by County policy.
2014 Unrepresented Resolution — Page 8 30
6.3 Holidays. Paid holidays will be available as posted on an annual basis for
non -represented employees (except superior court commissioners) who are in paid status,
or on approved voluntary unpaid furlough, the entire scheduled work day before and after
the holiday.
6.3.1 Personal Holiday. Each non -represented employee under Exhibits C
through G (except court reporters and superior court commissioners) shall receive one (1)
Personal Holiday each calendar year equivalent to their FTE on January 1 or upon hire,
not to exceed eight (8) hours. The Personal Holiday must be used in the year it is earned,
in increments of at least one hour for FLSA exempt employees. Personal Holidays are not
cashed out upon separation.
6.3.2 Working a Holiday. Employees who are required to work, because
state law requires an office to remain open on the December 24t" County holiday
observance, shall receive two days off with pay.
Employees, who are required by their department head to work a paid County
holiday because of an emergency, a project that can only be completed when County
offices are closed, or special directive from the Executive's Office, shall receive two (2)
days off with pay at a mutually agreeable time.
6.3.3 Part -Time Employees' Holiday Pay. Part-time employees will
receive holiday pay based on their currently assigned, but not more than their budgeted
FTE. FLSA non-exempt employees will receive extra holiday pay, on a quarterly basis,
based on extra hours worked above the assigned FTE (not to exceed equivalent of 1.00
FTE).
6.4 Paid Time Off (PTO) Bank. Each non -represented employee on Exhibits A
& B will, in lieu of accruing vacation, sick and personal holiday, accrue time into a Paid
Time Off (PTO) bank.
6.4.1 Accrual. Accrual for 1.0 FTE's will be in accordance with the following
schedule with the first employment year being the year hired and subsequent employment
years being the first of the year. Employees appointed to an eligible unrepresented PTO
position will have their accrued and available vacation and personal holiday hours placed
in a PTO bank. Prior regular County employment may be considered when determining
employment year. Part-time employee's monthly PTO bank accrual rates will be pro -rated
based on FTE.
Exhibit B
During 1st through 4t" employment year
During 5t" and subsequent years
Exhibit A
Upon hire and subsequent years
Accrual Rate/month
21.33 hours
24.67 hours
Accrual Rate/month
26.00 hours
6.4.2 Short -Term Disability (STD) Bank. Each newly eligible employee
will receive a "one-time" deposit of 480 hours into a short-term disability (STD) bank. Part-
time employee's short-term disability bank deposits will be pro -rated based on FTE. The
STD bank can be accessed only after an employee has been absent and used PTO bank
hours to cover three consecutive work days for an illness or injury, for an approved
2014 Unrepresented Resolution — Page 9
Family/Medical Leave, or to provide care for a family member under Family Care or Family
Leave. For each separate intermittent FNILA situation, only one period of three
consecutive work days charged to PTO needs to be met each applicable 12-month period
before gaining access to the STD bank. Access to the STD bank may require a
physician's certification. Deductions from the STD bank must be for one hour or more.
The STD bank is not eligible for cashout at any time.
6.4.3 Sick Leave Bank. Employees appointed to an eligible
unrepresented PTO position will maintain their accrued and available sick leave hours in a
bank, which can be accessed only if the one-time STD bank is depleted. Employees may
be required to provide proof of illness or periodic health care progress reports per sections
6.1.4, 6.8.1, 6.10 and 8.1.1. Upon voluntary separation, layoff or death, the sick leave
bank cashout will be cashed out per section 6.1.7.
6.4.4 Paid Time Off Usage. PTO bank hours may only be requested as
accrued and used as approved. In the event an employee needs PTO for an illness or to
care for a family member, the employee should give his or her supervisor as much notice
as possible. Deductions from the PTO bank must be for one hour or more.
6.4.5 Paid Time Off Bank Carryover/Cashout. No more than 330 PTO
hours at the end of the last pay period in any year can be carried over to the following
calendar year with additional hours forfeited. If funds exist in the department's current
budget, by mutual agreement among the impacted employee, the department head (if
applicable) and the Executive's Office, PTO anticipated to be above the 330 hours
carryover maximum can be cashed out each calendar year in the amount of 50% of
accrued hours up to a maximum of eighty (80) hours. Upon separation, hours in the PTO
bank will be cashed out at 100%.
6.4.5.1 Paid Time Off Bank Cashout — PERS !. No PERS I
employee will be adversely affected by the PTO program relative to excess compensation
impacting retirement income compared to the currently allowed sick and vacation cashout
previously allowed upon separation.
6.5 Jury Duty & Military Leave. Non -represented employees considered
exempt under the Federal Fair Labor Standards Act (FLSA) shall have no deduction in
salary for absences caused by jury duty or annual military leave. Jury duty and military
leave will be provided as described in County Policy, USERRA or state law.
6.6 Bereavement Leave. Bereavement leave shall be provided to non -
represented employees, who suffer a death in the immediate family, of up to five (5) days
off (maximum of forty hours) without loss in pay. Immediate family members include a
spouse or domestic partner, registered spousal equivalent, child or parent (including step)
of either the employee or the employee's spouse. Domestic partners must be registered
with the Washington State Office of the Secretary of State and spousal equivalents must
be registered with AS -Human Resources prior to requesting bereavement leave. Up to
three (3) days off without loss of pay is available for other close family members (including
step): brother, sister, grandchildren or grandparents of either the employee or the
employee's spouse. In the event of a funeral or other memorial occurring as a result of the
death of a current, lawful brother or sister-in-law, the affected employee may have up to
eight (8) hours off without loss in pay to attend the funeral or memorial, if not covered
above. Additional days off without pay or using accrued leave may also be available uST
2014 Unrepresented Resolution — Page 10 :iL
written approval of the department head. Requests for greater than five (5) days of leave
without pay in a calendar year requires Executive Office approval.
6.7 Civil Leave. Civil leave with pay shall be allowed to permit a non -
represented employee to testify in any federal, state or municipal court when a subpoena
compels such testimony and such testimony is on behalf of Whatcom County or is in
connection with a matter in which Whatcom County is a party.
6.8 Family Leave. The County provides unpaid leave to any eligible non -
represented employee covered by this Resolution, consistent with the Washington State
Family Leave Act, Washington State Family Care Act, Washington State Military Family
Leave Law, and the Federal Family and Medical Leave Act (FNILA). Employees are not
required to use accrued vacation time, sick leave, STD bank, or PTO bank before
commencing unpaid family leave, except an employee who has previously used twelve
(12) weeks of unpaid FMLA will, for the following four years, use all but a total of forty (40)
accrued hours (including compensatory time) of allowable vacation, sick, PTO bank, STD
bank, and personal holiday time before beginning unpaid leave during any subsequent
twelve-month FMLA period. If leave pursuant to FMLA stipulations would also qualify as
leave under any other County benefit, policy or type of leave, the period of the FMLA leave
will run concurrently as permitted by law and will apply toward an employee's entitlement
for each type of leave that may be applicable.
6.8.1 Physician Certifications. The County may require physician
certifications in accordance with state and federal guidelines.
6.9 Maternity Leave. Accrued sick leave or STD bank time may be utilized for
maternity/disability leave. In the event sick leave and/or the STD bank is exhausted before
the employee returns to work, any vacation, PTO bank, or other paid leave which has
accrued must be utilized before approval of any leave without pay is considered by the
County, except for leaves falling under the federal Family and Medical Leave Act or
County policy. If leave pursuant to this provision would also qualify as leave under any
federal or state statutes, the period of leave will apply toward the employee's entitlement to
leave under any applicable statute consistent with section 6.8. Unless the birth mother
chooses to invoke FMLA, a birth mother's period of temporary pregnancy -related disability
shall not be deducted from the FNILA leave entitlement.
6.10 Leave for Illness or Iniury. Non -represented employees may request in
writing, with appropriate health care provider verification, leave for major illness or injury
utilizing Family/Medical Leave, accrued leaves, and unpaid leaves, as appropriate and as
approved. Total time for the leave, which will include all time away from work, may be
extended up to a maximum of twelve (12) months with the mutual consent of the
department head and the Executive's Office. An employee who returns to work will be
credited for length of return time within the twelve (12) month limit if the employee must go
back on disability for the same illness/injury. Periodic health care progress reports may be
required.
6.11 Domestic Violence Leave. The County provides leave to employees who
are victims of, or who are family members of victims of domestic violence, sexual assault,
or stalking, consistent with the requirements of the Washington Domestic Leave Law.
2014 Unrepresented Resolution — Page 11 33
6.12 Absence Due to Adverse Weather. FLSA non-exempt employee's absence
due to severe inclement weather or other unusual emergency conditions will be charged to
one of the following in sequential order: compensatory time, vacation leave, paid time off,
personal holiday, or leave without pay, unless an employee who wishes to take leave
without pay notifies his/her payroll preparer before the department's payroll cut-off time.
6.13 Unpaid Furlough. Whatcom County certifies that non -represented employees
taking voluntary unpaid furlough are doing so as an integral part of the employer's
expenditures reduction efforts.
7. ELECTED OFFICIALS
7.1 Wage Adjustments for Elected Officials. Council Members and Executive
Branch Elected Officials shall be compensated per the appropriate Resolution.
7.2 District Court Judges. District Court Judges shall accrue sick leave at the
same rate as non -represented employees per section 6.1. Additionally, pursuant to RCW
3.34.130, District Court Judges will receive thirty (30) days' annual leave each January 1.
Annual leave cannot be carried forward to the next year. When a District Court Judge
vacates office, the total remuneration for annual leave and sick leave shall be granted as
allowed by RCW 3.34.100, and shall not exceed the equivalent of thirty (30) days'
monetary compensation.
8. BENEFITS
8.1 Benefits Eligibility. Non -represented employees must be compensated at
least eighty (80) hours per calendar month and be in at least a .5 FTE position to be
eligible for certain benefits (including, but not limited to, sick leave, holiday, vacation, PTO
bank, STD bank, and health and welfare). Compensation is defined as payment of wages
for work performed, vacation, accrued sick leave, PTO, STD, other paid leave, or income
for industrial injury not to exceed twelve months. County payments of health and welfare
premiums for benefits of non -represented employees are made on behalf of employees.
Compensation earned in one (1) calendar month provides health and welfare benefit
coverage in the following month unless stipulated otherwise in plan documents. Any
elected official or newly hired non -represented employee will be initially eligible for health
and welfare benefits the calendar month following at least 80 hours of compensation in
one (1) calendar month. Waiting period requirements on individual plans must be met for
benefit reimbursement. Due to the nature of elected official positions, they will be eligible
for health & welfare benefits on the same basis as a 1.0 FTE.
8.1.1 Benefits Coverage In Case of Documented Extended Illness or
Injury. If an employee has a health care provider documented extended illness, injury, or
disability, and is unable to work or be compensated at least eighty (80) hours per calendar
month, medical contributions will continue to be paid by the County for full employee and
family coverage for up to twelve (12) months from the date the employee is first ineligible
on account of such illness or injury unless employment is terminated or as adjusted per
section 6.10. This twelve-month period will apply towards the COBRA continuation
coverage period. Dental, vision and life premiums will be paid by the County for the first
three months of ineligibility only. Periodic health care provider reports may be required.
2014 Unrepresented Resolution — Page 12 34
8.1.2 Part -Time Employee's Benefits Coverage. Part-time employees
who fail to receive 80 hours of compensation in a calendar month shall be considered
eligible for all applicable benefits during the month in question when the failure to meet
eligibility requirements is due to a quirk in scheduling and through no fault of the employee.
8.2 Health & Welfare Benefits. All elected officials and eligible non -represented
employees shall be granted the following health and welfare benefits, and the benefits
shall include full premium contribution by the County for the employee, spouse, and
dependent children of the employee, except as noted below.
A) Medical
• Including premium contribution for coverage for domestic partner,
when registered with the Washington State Office of the Secretary of
State.
• Excluding required employee premium contribution for Contributory
Plan
B) Dental
C) Vision
D) Long -Term Disability — employee only
E) Life insurance — employee only - in the face amount of each elected official
or non -represented employee's annual salary to a maximum of $50,000.
8.2.1 Medical Contribution Cap. For 2014, the County will contribute for
each employee up to $1,089.50 per month for medical coverage under the Cap Plan. The
default Cap plan will be recognized as a Qualified High Deductible Health Plan (QHDHP),
with a Contributory Cap Plan and Cap 2000 Plan also provided as options. Employees will
elect their next year's plan choice during an open enrollment period in November.
8.2.1.1 Cap Plan (QHDHP) and Health Savings Account.
Employees electing to participate in the Cap Plan (QHDHP) will be eligible to establish a
Health Savings Account (HSA) if they are otherwise qualified to have such account. The
plan may require modifications to the plan benefits to fall within the County's contribution
level. For 2014, if the projected monthly contribution cost is less than the County's
contribution of "up to $1,089.50," the County will contribute the difference monthly to
qualified employees' HSA's.
8.2.1.1.1 First Time Enrollees. For first time enrollees, the
County will contribute to the HSA a total of $1,250 per employee if signing up as an
employee only OR $2,500 per employee as seed money in 2014 if signing up as an
employee plus dependents. Part-time non -represented employees will receive a pro -rated
contribution based on their budgeted FTE. One half the annual HSA contribution amount
will be funded in January and the balance will be contributed in 11 equal monthly amounts
for the remaining months in 2014. Participating employees are also eligible to contribute to
the HSA.
8.2.1.1.2 New Hires. Employees hired on or after January 1,
2014, and participating in the Cap Plan (QHDHP) will be eligible to establish a HSA, if they
are otherwise qualified to have such account. The County will contribute to the HSA a total
of up to $1,000 for employee only OR up to $2,000 for employee plus dependents as seed
money in 2014. Part-time non -represented employees will receive a pro -rated contribution
based on their budgeted FTE. Fifty percent (50%) will be contributed the calendar month
2014 Unrepresented Resolution — Page 13 35
following eighty (80) hours of compensation in one calendar month and enrolled in the
HSA with monthly contributions of either $45.45 (employee only) or $90.91 (employee plus
dependents) throughout the remaining months in 2014. Participating employees are also
eligible to contribute to the HSA.
8.2.1.2 Contributory Cap Plan. Employees can elect to participate
in the 2014 Contributory Cap Plan which may require modifications to the plan benefits to
fall within the County's contribution level plus employee's contribution, via authorized
monthly payroll deduction, of up to $100.44.
8.2.1.3 Cap 2000 Plan. Employees can elect to participate in the
Cap 2000 Plan which may require modifications to the plan benefits to fall within the
County's contribution level with no payroll deductions.
8.3 Other Benefits
8.3.1 Flex 125. The County will pay set-up costs and ongoing maintenance
costs to allow employees to utilize a Dependent & Health Care Reimbursement Plan.
8.3.2 Retirement Plans. The County provides payment to retirement plans
through the Washington State Department of Retirement Systems (DRS), which also
requires contributions From eligible non -represented employees. Elected officials may
elect, but are not required, to participate in a DRS plan.
8.3.3 Deferred Compensation. The County provides the opportunity for
voluntary employee participation in deferred compensation (457 plans) and 401(a)
programs. The County matches these contributions fifty cents on the dollar, up to a
maximum of 2% of base salary, with County contributions placed in a 401(a) Plan. New
employees, within thirty (30) days of hire, may elect to contribute directly to the 401(a)
plan.
8.3.4 Employee Assistance Program. The County provides confidential
counseling assessment services through an Employee Assistance Program for employees
and their immediate families.
8.3.5 Sheriff's Office Disability Plan. LEOFF II and PERS unrepresented
employees in the Sheriff's Office will be provided the same or substantially equivalent
disability plan as provided to employees directly reporting to them. Such employees are
not eligible to participate in the Long -Term Disability Plan offered under section 8.2.D.
8.3.6 Retirement Health Savings Plan. The County provides a tax-free
Retirement Health Savings Plan (RHS) for tax-free use for qualified medical expenses, in
accordance with IRS regulations. The County will administer the RHS plan consistent with
the County's RHS plan documents. Contribution types, which are mandatory within
identified groupings of employees, may include, but are not limited to: contribution of
excess sick leave; contribution of a percentage of base salary; and contribution of sick
leave, vacation and/or PTO bank cashouts at voluntary separation from County
employment. The County may at its discretion identify additional recognized groupings of
unrepresented employees to have one or more of the existing contribution types applied.
2014 Unrepresented Resolution — Page 14 36
8.3.6.1 Retirement Health Savings. For those non -represented
employees of the Sheriff's Office subject to the Binding Arbitration Adjustment matrices
contained in Exhibits E and F, 3% of base salary provided will be mandatorily paid by the
County to his or her Retirement Health Savings account, with the remaining 97% of base
salary paid through payroll.
8.3.6.1.1 Additional Mandatory Contributions. When any of
the employees on Exhibit E or F separate from employment, sick leave cashout, per
section 6.1.7 and vacation cashout will be mandatorily contributed to his or her Retirement
Health Savings account.
8.3.7 Clothing Repair & Replacement. Employees who, in the course of
pursuing their assignments, suffer a loss or substantial damage to clothing, excluding
normal wear and tear, shall be reimbursed the reasonable cost for the repair or
replacement of like items at a rate commensurate with the condition of the claimed item.
Personal property shall be repaired or replaced up to $35.00 per item.
8.3.8 Electronic Funds Transfer. All newly hired regular employees shall
authorize paycheck deposit by electronic funds transfer (EFT) within thirty (30) days of
employment. Employees may temporarily stop EFT in emergency situations with at least
seven (7) days notice before a scheduled payday, but must restart EFT within three
months.
9. POLICY OR PROVIDER CHANGES
From time to time, the County may change provisions in this resolution or select different
providers of benefits, which may impact plans offered. Nothing in this document shall limit
the County's ability to change any provision in this resolution or to search for the most cost
effective benefit packages, nor shall it commit the County to selecting any specific provider
or plan.
2014 Unrepresented Resolution — Page 15 37
10. EFFECTIVE DATE
All changes in salaries and benefits under this resolution shall become effective on
January 1, 2014 and shall remain in effect until rescinded, except where noted otherwise
and except that any further changes may be retroactively applied as approved by the
County Council.
AND FURTHER,THEREFORE, BE IT RESOLVED, that Resolution Nos. 2012-039
and 2013-011 are hereby rescinded effective January 1, 2014, and this Resolution shall
become effective that same date.
APPROVED this 22"d day of October, 2013,
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Chair
APPROVED as to form:
Chief Civil Deputy Prosecuting Attorney
2014 Unrepresented Resolution — Page 16 38
Exhibit "A" 2014 Department Head Salary Matrix - effective March 31, 2013
12 months of service at each step required to move to next step
36 months of service at each step required to
move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
500.0
$7,912
$8,218
$8,532
$8,863
$9,205
$9,559
$9,927
$10,307
$10,706
$10,724
$10,746
$10,770
$10,793
500.1*
$8,012
$8,318
$8,632
$8,963
$9,305
$9,659
$10,027
$10,407
$10,806
$10,824
$10,846
$10,870
$10,893
510.0
$8,252
$8,570
$8,901
$9,242
$9,597
$9,967
$10,350
$10,747
$11,162
$11,179
$11,202
$11,226
$11,249
510.1*
$8,402
$8,720
$9,051
$9,392
$9,747
$10,117
$10,500
$10,897
$11,312
$11,329
$11,352
$11,376
$11,399
510.2*
$8,452
$8,770
$9,101
$9,442
$9,797
$10,167
$10,550
$10,947
$11,362
$11,379
$11,402
$11,426
$11,449
520.0
$8,605
$8,935
$9,280
$9,638
$10,010
$10,395
$10,793
$11,207
$11,639
$11,657
$11,680
$11,703
$11,726
520.1*
$8,855
$9,185
$9,530
$9,888
$10,260
$10,645
$11,043
$11,457
$11,889
$11,907
$11,930
$11,953
$11,976
520.2*
$9,105
$9,435
$9,780
$10,138
$10,510
$10,895
$11,293
$11,707
$12,139
$12,157
$12,180
$12,203
$12,226
525.0
$8,790
$9,126
$9,479
$9,844
$10,224
$10,617
$11,025
$11,447
$11,887
$11,905
$11,928
$11,952
$11,974
525.1*
$9,190
$9,526
$9,879
$10,244
$10,624
$11,017
$11,425
$11,847
$12,287
$12,305
$12,328
$12,352
$12,374
530.0
$8,979
$9,323 1
$9,682
$10,055 1
$10,442
$10,844
$11,261 1
$11,692
$12,140
$12,158
$12,181
$12,205
$12,228
*Ranges 500.1, 510.1, 510.2, 520.1, 520.2 & 525.1-Supplemental Compensation Replacement
Exhibit "B" 2014 Management Salary Matrix - effective March 31, 2013
12 months of service at each step required to move to next step
36 months of service at each step required to
move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
400
$5,016
$5,211
$5,412
$5,623
$5,840
$6,068
$6,302
$6,547
$6,800
$6,819
$6,841
$6,866
$6,890
405
$5,227
1 $5,434
$5,643
$5,862
$6,090
$6,327
$6,572
$6,825
$7,091
$7,109
$7,132
$7,157
$7,181
410
$5,451
$5,664
$5,883
$6,113
$6,348
$6,594
$6,850
$7,114
$7,391
$7,409
$7,432
$7,457
$7,481
415
$5,684
$5,906
$6,136
$6,374
$6,619
$6,877
$7,142
$7,418
$7,705
$7,724
$7,747
$7,772
$7,795
420
$5,927
$6,158
$6,397
$6,644
$6,904
$7,168
$7,445
$7,732
$8,030
$8,049
$8,071
$8,096
$8,120
425
$6,182
$6,423
$6,671
$6,928
$7,196
$7,475
$7,764
$8,061
$8,374
$8,392
$8,415
$8,440
$8,464
425.1*
$6,432
$6,673
$6,921
$7,178
$7,446
$7,725
$8,014
$8,311
$8,624
$8,642
$8,665
$8,690
$8,714
430 1
$6,446
$6,697
$6,956
$7,224
$7,503
$7,794
$8,094
$8,406
$8,731
$8,749
$8,772
$8,797
$8,821
435
$6,724
$6,983
$7,255
$7,534
$7,825
$8,129
$8,441
$8,765
$9,104
$9,123
$9,146
$9,171
$9,195
440
$7,011
$7,284
$7,565
$7,858
$8,161
$8,474
$8,800
$9,139
$9,491
$9,510
$9,533
$9,558
$9,582
440.1*
$7,261
$7,534
$7,815
$8,108
$8,411
$8,724
$9,050
$9,389
$9,741
$9,760
$9,783
$9,808
$9,832
445
$7,311
$7,594
$7,887
$8,193
$8,507
$8,835
$9,176
$9,528
$9,895
$9,914
$9,937
$9,962
$9,986
450
$7,624
$7,919
$8,225
$8,540
$8,871
$9,213
$9,567 1
$9,936 1
$10,318
$10,336
$10,359
$10,384
$10,408
* Ranges 425.1 & 440.1- Supplemental Compensation Replacement
2014 Unrepresented Resolution - Page 17 39
Exhibit "C" 2014 Professional/Supervisory Salary Matrix - effective March 31, 2013
12 months of service at each step required to move to next step
36 months of service at each step required to
move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
Step 11
Step 12
Step 13
300
$3,629
$3,776
$3,927
$4,080
$4,240
$4,407
$4,579
$4,676
$4,694
$4,704
$4,727
$4,753
$4,776
305
$3,785
$3,939
$4,094
$4,254
$4,421
$4,594
$4,772
$4,957
$5,112
$5,132
$5,155
$5,181
$5,203
310
1 $3,944
$4,107
$4,268
1 $4,436
1 $4,609
$4,791
$4,977
$5,169
$5,330
$5,350
$5,373
$5,399
$5,421
315
$4,115
1 $4,284
$4,451
$4,624
1 $4,805
$4,993
$5,186
$5,386
$5,553
$5,573
$5,596
$5,622
$5,645
320
$4,291
$4,465
$4,640
$4,822
$5,008
$5,207
$5,407
$5,616
$5,790
$5,810
$5,833
$5,858
$5,881
325
1 $4,476
$4,656
$4,838
$5,027
$5,222
$5,428
$5,639
$5,856
$6,039
$6,059
$6,082
$6,108
$6,130
330
$4,666
$4,855
$5,046
$5,241
$5,444
$5,656
$5,877
$6,102
$6,292
$6,312
$6,335
$6,361
$6,384
335
$4,866
$5,064
$5,261
$5,464
$5,677
$5,897
$6,126
$6,363
$6,560
$6,580
$6,603
$6,629
$6,652
340
$5,074
$5,278
1 $5,485
1 $5,697
1 $5,918
$6,150
$6,388
$6,634
$6,839
$6,859
$6,882
$6,908
$6,931
345
$5,292
$5,503
$5,717
$5,939
$6,171
$6,411
$6,657
$6,913
$7,127
$7,147
$7,169
$7,195
$7,218
345.1*
$5,542
$5,753
$5,967
$6,189
$6,421
$6,661
$6,907
$7,163
$7,377
$7,397
$7,419
$7,445
$7,468
350
$5,517
$5,738
$5,963
$6,195
$6,435
$6,684
$6,940
$7,208
$7,430
$7,450
$7,473
$7,499
$7,521
355
$5,753
$5,983
$6,217
$6,457
$6,708
$6,968
$7,237
$7,516
$7,748
$7,767
$7,790
$7,816
$7,839
360
$6,000
$6,241
$6,483
$6,734
$6,993
$7,266
$7,545
$7,835
$8,076
$8,095
$8,118
$8,144
$8,167
365
$6,256
$6,506
$6,759
$7,021
$7,292
$7,575
$7,867
$8,169
$8,420
$8,440
$8,463
$8,489
$8,512
370
$6,525
$6,785
$7,049
$7,322
$7,603
$7,899
$8,203
$8,519
$8,780
$8,800
$8,823
$8,849
$8,872
375
$6,803
$7,077
$7,350
$7,634
$7,929
$8,237
$8,553
$8,881
$9,154
$9,174
$9,197
$9,223
$9,245
* Range 345.1- Supplemental Compensation Replacement
2014 Unrepresented Resolution - Page 18 40
Exhibit "D" 2014 Support Salary Matrix - FLSA non-exempt - effective March 31, 2013
12 months of service at each step required to move to next step
24
mos
of Svc
36 months of service at each step
required to move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step
10
Step
11
Step
12
Step
13
Step
14
200
$2,618
$2,723
$2,837
$2,954
$3,071
$3,195
$3,320
$3,448
$3,584
$3,655
$3,675
$3,697
$3,723
$3,746
210
$2,729
$2,839
1 $2,956
$3,078
$3,199
$3,328
$3,458
$3,595
$3,737
$3,810
$3,830
$3,853
$3,879
$3,902
220
$2,843
$2,959
$3,082
$3,208
$3,334
$3,468
$3,604
$3,744
$3,891
$3,967
$3,987
$4,010
$4,036
$4,059
230
$2,966
$3,087
$3,215
$3,347
$3,477
$3,616
$3,757
$3,904
$4,059
$4,139
$4,158
$4,181
$4,207
$4,230
240
$3,093
$3,220
$3,351
$3,488
$3,624
$3,769
$3,915
$4,067
$4,227
$4,310
$4,329
$4,352
$4,378
$4,401
250
$3,223
$3,356
$3,493
$3,637
$3,779
$3,929
1 $4,082
$4,240
$4,407
$4,494
$4,513
$4,536
$4,562
$4,585
260
$3,361
$3,499
$3,641
$3,789
$3,939
$4,095
$4,255
$4,420
$4,593
$4,684
$4,704
$4,727
$4,753 1
$4,776
270
$3,648
$3,791
$3,945
$4,100
$4,260
$4,429
$4,600
$4,778
$4,966
$5,112
$5,132
$5,155
$5,181 1
$5,203
Exhibit "E" 2014 Sheriff's Binding Arbitration Adjustment Salary Matrix
- effective March 31, 2013
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
620
$5,349
$5,561
$5,781
$6,009
$6,238
$6,476
$6,722
$6,977
$7,236
630
$5,617
1 $5,840
$6,071
$6,310
$6,550
1 $6,799
$7,057
$7,325
$7,596
640
$5,900
$6,133
$6,374
$6,627
$6,878
$7,139
$7,411
$7,692
$7,976
650
$6,194
$6,439
$6,693
$6,957
$7,221
$7,497
$7,781
$8,077
$8,375
660
$6,503
$6,760
$7,027
$7,304
$7,584
$7,870
$8,170
$8,480
$8,795
670
$6,828
$7,099
$7,378
$7,670
$7,961
$8,265
$8,579
$8,904
$9,234
Exhibit "F" 2014 Corrections Binding Arbitration Adjustment Salary Matrix
- effective March 31, 2013
36 months of service at each step
required to move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 10
720
$6,167
$6,457
$6,709
$6,967
$7,231
$7,521
$7,840
$8,176
$8,202
$8,227
740
$6,796
$7,109
1 $7,385
1 $7,668
$7,958
$8,277
1 $8,628
$8,995
$9,021
1 $9,046
2014 Unrepresented Resolution - Page 19 41
Exhibit "G" 2014 Court Reporters & Health Officer Salary Matrix - effective March 31, 2013
12 months of service at each step required to move to next step
36 months of service at each step required to
move to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step
10
Step
11 1
Step
12
Step
13
801
$5,814
$5,820
$5,826
$5,833
$5,839
$5,847
$5,853
$5,860
$5,868
$5,888
$5,910
$5,936
$5,959
802
1 $6,689
1 $6,695
$6,701
1 $6,708
$6,714
1 $6,722
1 $6,728
$6,735
1 $6,743
$6,763
1 $6,785
1 $6,811
1 $6,834
Exhibit "H" 2014 Commissioners Salary Matrix - effective September 1, 2013
12 months of service at each step required to move to next step
36 months of service at each step required to move
to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 30
Step 11
Step 12
Step 13
903
$10,779
$10,785
$10,792
$10,798
$10,804
$10,811
$10,817
$10,823
$10,831
$10,850
$10,872
$10,897
$10,919
904
$9,662
$9,669
$9,675
$9,681
$9,687
$9,694
$9,700
$9,706
$9,714
$9,733
$9,755
$9,780
$9,802
Exhibit "H" 2014 Commissioners Salary Matrix - effective September 1, 2014
12 months of service at each step required to move to next step
36 months of service at each step required to move
to next step
Range
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
Step 8
Step 9
Step 30
Step it
Step 12
Step 13
903
$11,102
$11,109
$11,116
$11,122
$11,128
$11,135
$11,142
$11,148
$11,156
$11,176
$11,198
$11,224
$11,247
904 1
$9,952
$9,959
$9,965
$9,971
$9,978
$9,985
$9,991
$9,997
$10,005
$10,025
$10,048
$10,073
$10,096
2014 Unrepresented Resolution - Page 20 42
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-335
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Paula Cooper
XV f
(�J
10/22/13
Finance,
`/
:-
Council
Division Head;;,
as
Chris Brueske
i� �= = r ;y k-
t * g
Dept. Head:
a
Frank Abaft
- C (h," l (301JU
Prosecutor:
�
Daniel L. Gibson
ks
lb ei�l
Purchasing/Budget:
Executive:
TITLE OF DOCUMINY
Whatcom County System -Wide Improvement Framework (SWIF) Project Agreement with the Puget Sound Partnership
ATTACHMENTS:
Cover 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 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 Puget Sound Partnership Project Agreement provides $300,000 in state funding to develop a System -Wide
Improvement Framework (SWIF). The SWIF will address the deficiencies identified for the Nooksack River levees
by the US Army Corps of Engineers in a manner that considers environmental issues and reduces risk and will enable
the levees to remain eligible for rehabilitation in the Public Law (PL) 84-99 program.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
43
WHATCOM COUNTY
PUBLIC WORKS DEPT.
322 North Commercial, Suite 120
Bellingham, WA 98225-4042
MEMORANDUM
Frank Abart
R E E I V,
OCT 11 20I3
TO: Whatcom County Flood Control Zone District Board of Supervisors
THROUGH: Frank Abart, Public Works Direct
FROM: Paula J. Cooper, P.E., River and FlooT_ager
��Z
Chris Brueske, P.E., Assistant Direct
RE: Whatcom County SWIF Project Agreement
DATE: October 9, 2013
Enclosed are two (2) originals of the Whatcom County System -Wide Improvement
Framework (SWIF) Project Agreement between the Whatcom County Flood Control Zone
District (FCZD) and the Puget Sound Partnership (PSP) for your review and signature.
■ Background and Purpose
The FCZD has initiated the development of a SWIF to address the deficiencies identified for
the Nooksack River levees by the US Army Corps of Engineers (USAGE). The SWIF must
be submitted to the USACE by June of 2015 for the levees to remain eligible for
rehabilitation in the Public Law (PL) 84-99 program. The funding associated with the PSP
Project Agreement will be used to develop the SWIF through a stake -holder -driven process
with representatives from the resource agencies, USACE, diking districts and subzones.
■ Funding Amount and Source
The project agreement provides $300,000 in state funding through the PSP with no local
match required. Consultant agreements for technical support for the project will be
forthcoming in the near future.
Please contact Paula Cooper at extension 50625, if you have any questions or concerns
regarding the terms of this agreement,
Encl.
MA
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No. c� 0 / 3 too /
Originating Department:
Public Works
Contract or Grant Administrator:
Paula J. Cooper
Contractor's / Agency Name:
Puget Sound Partnership
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes No
Yes X No If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes X No
Is this a grant agreement?
Yes X No If yes, grantor agency contract number(s) _2014-27 CFDA #
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? Contract
Yes _ No X If yes, RFP and Bid number(s) Cost Center: 713001
Is this agreement excluded from E-Verify? No Yes x_ If no, include Attachment D Contractor Declaration
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
■ Interlocal Agreement (between Govt's) ❑ Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$ 300 000
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope:
This Puget Sound Partnership Project Agreement provides $300,000 in state funding to develop a System -Wide
Improvement Framework (SWIF). The SWIF will address the deficiencies identified for the Nooksack River levees by
the US Army Corps of Engineers in a manner that considers environmental issues and reduces risk and will enable the
levees to remain eligible for rehabilitation in the Public Law (PL) 84-99 program.
Term of Contract: I
Expiration Date: June 30, 2015
Contract Routing Steps & Signoff. Lien or initial] [indicate date transmitted]
1. Prepared by: Paula Cooper Date 10-9-2013 _ [electronic]
2. Attorney reviewed: Daniel L. Gibson Date 10109113 [electronic]
3. AS Finance reviewed:�.Date /P // /_S [electronic]
4. IT reviewed if IT related Date [electronic]
5. Corrections made: Date [electronic] hard copy printed
6. Attorney signoff: Daniel L. Gibson,. �.Date_10/09/13
7. Contractor signed: Date
8. Submitted to Exec Office Date 18 -1/ - / [summary via electronic; hardcopies]
9. Council approved (if necessary)
10. Executive signed:
11. Contractor Original Returned to dept;
12. County Original to Council
Date
Date
Date
Date
45
noM
CONT
Interagency Agreement mm j
Pug.,,-,,-,-tSouad Partnership Agreement Number: 2014-27
Title: Floodplains - Whatcom/Nooksack SWIF
This agreement is made and entered into by and between the state of Washington, Puget Sound
Partnership (PSP), and the below named governmental entity, hereinafter referred to as "CONTRACTOR.
CONTRACTOR INFORMATION
Project Manager
Whatcom County Flood Control Zone
Paula J. Cooper
UBI: 600358208
District
322 N. Commercial
pcooper@co.whatcom.wa.us
EIN: 91-6001383
Bellingham, WA 98225-4042
(360) 676-6876 x 50625
DUNS: 060044641
Type:
Government
PSP INFORMATION
Project Manager
PUGET SOUND PARTNERSHIP
Scott Williamson
326 EAST D STREET
Scott.williamson@psp.wa.gov
TACOMA, WA 98421-1801
(360) 464-2003
PURPOSE
The purpose of this agreement is to fund technical analyses and facilitation to support
community/stakeholder-driven System -Wide Improvement Framework (SWIF) process in Whatcom County.
As one of two pilot projects in the Puget Sound region, this SWIF project in the Nooksack River watershed
will provide an example of how to address deficiencies in a levee system, while reducing flood risk and
supporting environmental outcomes that contribute to progress toward the Puget Sound Partnership's
Ecosystem Recovery Target for floodplains.
PERIOD OF PERFORMANCE
The period of performance under this agreement will be from the date of execution ( )
through June 30, 2015. No work shall commence under this agreement until it has been fully
executed by both parties.
COMPENSATION AND PAYMENT
Total compensation payable to CONTRACTOR for satisfactory performance of the work under this
agreement shall not exceed Three Hundred Thousand Dollars ($300,000). CONTRACTOR'S
compensation for services rendered shall be in accordance with the Budget attached as Exhibit D.
TERMS AND CONDITIONS
All rights and obligations of the parties to this contract shall be subject to and governed by the Terms and
Conditions contained in the following exhibits, herein incorporated by reference. In the event of an
inconsistency in this agreement, the inconsistency shall be resolved by giving precedence in the following
order:
1. Applicable Federal and State of Washington Statutes and regulations
2. This contract cover sheet
3. Exhibit A — General Terms and Conditions
4. Exhibit B — Statement of Work
5. Exhibit C — Budget
6. Exhibit D — Whatcom County SWIF Plan Development
7. Any other provision, term or material incorporated herein by reference or otherwise incorporated
AGREEMENT NO. 2014-27
Page 1 of 11
M
ENTIRE AGREEMENT
This agreement, including referenced exhibits and any other provision, term or material expressly
incorporated by reference, represents all the terms and conditions agreed upon by the parties. No other
statements or representations, written or oral, shall be deemed a part hereof.
APPROVAL
This agreement shall be subject to the written approval of the AGENCY'S authorized representative and
shall not be binding until so approved. The agreement may be altered, amended, or waived only by a
written amendment executed by both parties.
This agreement is executed by the persons signing below, who warrant they have the authority to execute
the agreement..
Whatcorn County Flood Control Zone District
A•
Daniel L. Gibson Date
Whatcom County Chief Civil Dep. Pros. Atty.
Puget Sound Partnership
Marc Daily
Interim Executive Director
Date
AGREEMENT NO. 2014-27
Page 2 of 11
47
WHATCOM COUNTY:
Recommended for App of
Department Director Date
Approved as to form:
Prosecuting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
ss
COUNTY OF WHATCOM )
On this day of , 20 _, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County,
who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
CONTRACTOR INFORMATION:
(Type in Name of Contractor/Firm)
(Type in Name & Title of Signatdry Authorized by Firm Bylaws, if applicable)
Address:
Mailing Address:,.`
Contact Name:
Contact Phone:
FAX:
Email:
Contract for Services Agreement
[Insert more specific appellation]
Page 2, .
48
v 1.0
EXHIBIT A -
GENERAL TERMS AND CONDITIONS
Title: Floodplains - Whatcom/Nooksack SWIF
DEFINITIONS
As used throughout this contract, the following terms shall have the meaning set forth below:
A. "AGENCY" shall mean the Puget Sound Partnership (PSP) of the State of Washington, any division,
section, office, unit or other entity of the AGENCY, or any of the officers or other officials lawfully
representing that AGENCY.
B. "AGENT" shall mean the Director, and/or the delegate authorized in writing to act on the Director's
behalf.
C. "CONTRACTOR" shall mean that firm, provider, organization, individual or other entity performing
service(s) under this contract, and shall include all employees of the CONTRACTOR.
D. "SUBCONTRACTOR" shall mean one not in the employment of the CONTRACTOR, who is
performing all or part of those services under this contract under a separate contract with the
CONTRACTOR. The terms "SUBCONTRACTOR" and "SUBCONTRACTORS" means
SUBCONTRACTOR(s) in any tier.
E. "SUBRECIPIENT" shall mean a non-federal entity that spends federal awards received from the
Puget Sound Partnership to carry out a federal program. Recipients of grants funded with Federal
dollars from the Puget Sound Partnership are typically subrecipients. The subrecipient determination
is documented on this agreement cover sheet.
AMENDMENT
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising under this Agreement, is not
assignable or delegable by either party in whole or in part, without the express prior written consent of the
other party, which consent shall not be unreasonably withheld.
ASSURANCES
The parties agree that all activity pursuant to this Agreement shall be in accordance with all applicable
federal, state and local laws, rules, and regulations as they currently exist or as amended.
CONTRACT MANAGEMENT
The contract manager for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Agreement.
DISPUTES
In the event that a dispute arises under this Agreement, either of the parties may request intervention by
the Governor, as provided by chapter 43,17.330 RCW, in which event the Governor's process will control.
The cost of resolution will be borne as allocated by the Dispute Board or the Governor.
DUPLICATION OF BILLED COSTS
Whatcom County shall not bill the Agency for services performed under this contract, and the Agency
shall not pay Whatcom County, if Whatcom County is entitled to payment or has been or will be paid by
any other source, including grants, for that service.
FUNDING CONTINGENCY
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after
the effective date of this Agreement and prior to completion of the work in this Agreement, the Agency
may:
AGREEMENT NO. 2014-27
Page 3 of 11
•
Exhibit A
General Terms and Conditions
Title: Flood plains — Whatcom/Nooksack SW IF
Terminate this Agreement with 15 days advance notice. If this Agreement is terminated, the parties shall
be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement
prior to the effective date of termination.
Renegotiate the terms of the Agreement under those new funding limitations and conditions,
After a review of project expenditures and deliverable status, extend the end date of this Agreement and
postpone deliverables or portions of deliverables, or
Pursue such other alternative as the parties mutually agree to writing.
GOVERNING LAW AND VENUE
This Agreement shall be construed and interpreted in accordance with the laws of the state of
Washington and the venue of any action brought under this Agreement shall be in Superior Court for
Thurston County.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
MAINTENANCE OF RECORDS
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of
the service(s) described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor,
and federal officials so authorized by law, All books, records, documents, and other material relevant to
this Agreement will be retained for six years after expiration of agreement. The Office of the State Auditor,
federal auditors, and any persons duly authorized by the parties shall have full access and the right to
examine any of these materials during this period.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved.
Records and other documents, in any medium, furnished by one party to this Agreement to the other
party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will
not disclose or make available any confidential information to any third parties without first giving notice to
the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable
security procedures and protections to assure that records and documents provided by the other party
are not erroneously disclosed to third parties. However, the parties acknowledge that State Agencies are
subject to chapter 42.56 RCW, the Public Records Act.
ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable
statute or rule, the inconsistency shall be resolved by giving precedence in the following order:
Applicable state and federal statutes, and local laws, rules and regulations;
Statement of Work;
Exhibits and Appendices — list separately; and
Any other provisions of the agreement, including materials incorporated by reference.
RESPONSIBILITIES OF THE PARTIES
Each party to this Agreement hereby assumes responsibility for claims and/or damages to persons and/or
property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents.
Neither party assumes any responsibility to the other party for the consequences of any claim, act, or
omission of any person, agency, firm, or corporation not a part to this Agreement.
AGREEMENT NO. 2014-27 Page 4 of 11
50
Exhibit A
General Terms and Conditions
Title: Floodplains — Whatcom/Nooksack SWIF
SEVERABILITY
If any term or condition of this Agreement is held invalid, such invalidity shall not affect the validity of the
other terms or conditions of this Agreement.
SITE SECURITY
While on Agency premises, the (State Agency Abbreviation), its agents, employees, or Subcontractors
shall comply with the Agency security policies and regulations.
SUBCONTRACTING
"Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or
part of those services under this Agreement under a separate contract with a party to this Agreement.
The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier.
Except as otherwise provided in the Agreement, Whatcom County shall not subcontract any of the
contracted services without the prior approval of the Agency. Whatcom County is responsible to ensure
that all terms, conditions, assurances and certifications set forth in this Agreement are included in any
and all Subcontracts. Any failure of Whatcom County or its Subcontractors to perform the obligations of
this Agreement shall not discharge Whatcom County from its obligations under this Agreement.
TERMINATION FOR CAUSE
If for any cause either party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the
other party written notice of such failure or violation. The responsible party will be given the opportunity to
correct the violation or failure within 15 working days. If the failure or violation is not corrected, this
Agreement may be terminated immediately by written notice of the aggrieved party to the other.
TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement upon 30 calendar days' prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or
costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement. Waiver of any default or breach shall not be deemed to be a waiver of any subsequent
default or breach. Any waiver shall not be construed to be a modification of the terms of this Agreement
unless stated to be such in writing and signed by personnel authorized to bind each of the parties.
AGREEMENT NO, 2014-27 Page 5 of 11
51
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WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 - 332
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Ju al,.
10/14/2013
10/22/2013
Finance/Council
Division Head:
Dept. Head:
� � -._
10 ` 3
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT. -
Economic Dev. Investment Board, EDI Board recommendaton to modify guidelines
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this itent is an ordinance or requires a public
hearing, you must provide 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.)
Economic Development Investment Program, EDI Board recommendation to modify guidelines to add single and multi -family home construction as an
allowable use.
COMMITTEE A CTION.
COUNCIL ACTION.
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
AB 2012-2 28
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.
71
�GOM co
COUNTY COURTHOUSE ��P `yA COUNCILMEMBER
311 Grand Avenue, Suite #105 w"' ` Kathy Kershner
Bellingham, WA 98225-4038
Phone: (360) 676-6690 O�
TTY: (360) 738-4555 �SH1NG�
WHATCOM COUNTY COUNCIL
FROM THE DESK OF COUNCILMEMBER KATHY KERSHNER
MEMORANDUM
DATE: October 15 2013
TO: Whatcom County Council Members a
FROM: Kathy Kershner, Whatcom County Council President
RE: Economic Development Investment Board - Funding Recommendation Update
I ask for your support for the recommendation to improve an EDI-funded project by
making rental construction eligible for assistance. Here is an update:
The EDI Board re -reviewed this idea and renewed their prior recommendation: change the
allowable uses in the current EDI-funded program, "Housing Affordable for the Work
Force", to make rental housing construction projects eligible. The EDI Board's September
2012 meeting notes include the statements of support made there by EDI Board Members
Zoro, Bromley, Linville and Jones.
The EDI Board is recommending that the EDI-funded program be modified to add sin le
and multi -family rental home construction as an allowable use, with deferred loan
repayment no later than 20 years, or sooner than 20 years if the property leaves its
affordable housing program status.
The Small City Caucus has stated its continued support for the proposal made by the City
of Ferndale on behalf of this county -wide program. The Small City Caucus voted
unanimously again in February to ask Mayor Bromley to convey to the County the
Caucus's continuing support for revising the project guidelines. Mayor Bromley's letter is
attached. We can also continue to rely on the City of Ferndale, with the City staff ready to
implement the proposed change in the program.
No additional funds are being sought for this program change. This EDI-funded project
received $1,200,000 in EDI funding approval for the first time in 2011, and limiting the
allowable uses to homeownership construction. Since then, approximately $240,000 has
been invested in homeownership construction, with an additional $200,000 about to be
used. The remaining amount, approximately $750,000, would be made available to both
rental and ownership projects that apply to the program.
If you have any questions or concerns regarding this matter, please let our staff and the
County Executive's Office know of your questions or concerns.
Thank you.
KK:mb
Attachments: EDI Board September 24, 2012 meeting notes and recommendation Small City
Caucus Chairperson letter of support
C: Jack Louws, Whatcom County Executive
72
WHATCOM COUNTY
SMALL CAUCUS
Blaine • Everson • Ferndale • Lynden • Nooksack • Sumas
October 8, 013
Whatcom County Council
311 Grand Avenue, Suite 105
Bellingham, WA 98225
Re: Use of EDI to support affordable rental construction
Dear County Council Members:
The Small City Caucus supports the use of EDI funding for public facility costs related to affordable rental
construction and supports the change in the program previously approved by the County Council.
At the February 19, 2013, Small City Partnership meeting, we discussed the proposed change in the
program: adding rental to the previously approved eligible use for homeownership construction.
After our discussion, a motion in support of the change was made by Mayor Korthuis and unanimously
approved, asking me to send this letter of support for the change, to allow rental construction projects
to be eligible.
Previously, the Small City Caucus had supported the original proposal put forward by the City of
Ferndale in 2010 and approved by the Council in 2011, resulting in $1,225,000 being approved for public
facility costs related to affordable housing construction: The original proposal had addressed the need
for both rental homes and homeownership, and I would like to encourage you to support both.
As you know, there's a huge need for affordable rental housing for people who live and work in
Whatcom County, and the Small City Caucus askes the County Council to move forward with the EDI
Board's recommendation and approve this change in the program.
Thank you for your consideration.
Sincerel
yor Bo romley
On Behalf of the Whatcom County Small City Caucus
Cc: County Executive
73
Notes of EDI Board Meeting
September 24, 2012, 10:00 a.m.
Board Members present at Meeting:
Jack Louws, County Executive
Peggy Zoro, NW Economic Council
Kelli Linville, Mayor, City of Bellingham
Aubrey Stargell, Timber Industry
Scott Korthuis, Mayor, City of Lynden
Bob Bromley, Mayor, City of Sumas
Dave Franklin, At -Large appointee
Jim Kyle, Fishing Industry
Stephen A. Jones, Agricultural Industry
Board Members absent:
Jim Jorgensen, Port of Bellingham Ken Oplinger, Chamber of Commerce
Kathy Kershner, County Council Jeff McLure, Public Utility District #1
Staff present:
Dewey Desler (Executive Office), Suzanne Mildner (Board Clerk, Executive Office)
Guests present:
Stephen Jilk (PUD); Paul Schissler (Housing Advocate); Dodd Snodgrass (Port of
Bellingham); Greg Young (City of Ferndale).
1. Welcome and Introductions
Board Chair, Executive Jack Louws called the meeting to order and introductions were made.
2. EDI Fund Review — Status as of 7/31/12
A review of the Public Utilities Improvement/EDI Fund was given as of 7/31/12. Executive
Louws asked Mr. Desler to review the fund balance report distributed to all board members.
Current revenues bring in approximately $245,000 a month, or about $2.8M annually. This
spreadsheet is dated from July 31", so the adjusted fund total as of today's date would not be
the negative figure shown, but rather approximately zero (when monthly revenues are taken into
account).
3. Foothill Broadband Project - Status
Executive Louws invited Steve Jilk to address the group regarding recent changes for this
project. Mr. Jilk referred to the handout which explains that the project application was originally
submitted with Noanet's grant covering approximately 70% of project costs, and EDI dollars
covering about 30%. Last spring Noanet pulled the grant funding, and now the PUD and the
private investors are requesting that the EDI dollars remain committed to the completion of the
project. When asked how long before the project would be operational, Mr. Jilk said it would be
about a year (with construction starting as early as this winter or spring.) The PUD would
develop a scope of work for a design/build bid packet. Discussion continued. Mr. Stargell
asked where the 70% funding would now come from. Mr. Jilk explained that the original project
budget included items set up by Noanet to meet their technological requirements (ie, based on
the use of hard fiber, rather than wireless). The PUD can get the system built for much less
cost, and the private sector would also be involved. Mayor Korthui.s moved that the EDI Board
allow the PUD to proceed with the project under a modified EDI application, with the funding to
remain intact at $217,500.00. Mayor Bromley seconded the motion. Executive Louws called for
a vote on the motion, which was taken. Motion passed unanimously 9-0.
4. Proposal to expand Housing Affordable Impact Fee Loan Program - discussion
Paul Schissler addressed the board and gave a brief review of recent events surrounding the
consideration of this proposal: the EDI Board recommendation to the county council that the
existing program be expanded to include single and multi -family rental properties. Mr. Schissler
74
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-336
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator.
66
I:?. I( "^', ��.::!% :.,, IJ 10
10122113
Finance/Council
Division Head.
Dept. Head:
Prosecutor:
A !, r . - 9 �g�a�;
I" i iI1V �r�,rsM �e�.SUN T Y
Purchasing/Budget:
OUNC
COUNCIL
Executive:
3
TITLE OF DO elfWNT.
Resolution Ordering the Cancellation of Warrants More than a Year Old
ATTACHMENTS:
Proposed resolution and list of unredeemed warrants.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMA R Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the requiredpublic notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
This resolution orders the cancellation of warrants that are over a year old and have not been presented for
payment. The total amount to be cancelled is $5356.88.
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.
75
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Brad Bennett, Finance Manager
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Brad Bennett, Finance Manager PP
DATE: October 11, 2013
SUBJECT: Resolution to Cancel Warrants
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite #503
Bellingham, WA 98225-4082
OCT 11 ?1 1
i4r%w �q3 ,za;�—
Attached is a proposed resolution to cancel unredeemed warrants that are over a year old. Every
year, as per RCW 36.22.100, with Council authorization, we cancel warrants that have not been
redeemed. These warrants are stale dated but after we cancel them a payee can still request the
warrant to be reissued. If you have any questions regarding this request, please contact Kristin
Frank at extension 50790. Thank you.
76
SPO]VSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: October 22, 2013
RESOLUTION NO.
ORDERING THE CANCELLATION OF WARRANTS
MORE THAN A YEAR OLD
WHEREAS, the Revised Code of Washington, Section 36,22.100, states
the County legislative authority shall cancel county warrants not presented within one
year of the date of their issue; and,
WHEREAS, Administrative Services has provided a list of warrants that
were issued prior to July 1, 2012 but never presented.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County
Council that Administrative Services Finance and the Treasurer's Office are directed
pursuant to RCW 36.22.100 to cancel the warrants listed in Exhibit A which will adjust
the funds as if such warrants had never been drawn.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair
APPROVED as to form:
Civil Deputy Prosecutor
77
EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD
(Warrants issued before July 1, 2012)
,o rvarrant Pu. i�ate txpianavon
1!_. 869799_. 11/01/11 11/01/11tARAMARK WWU $ (350.00
.. 0
11 8707881 11/15/111 11/15/11 LPL ANE LAW FIRM LC $ (73.00
1i
76311 01/24/12.iLL 01/24/12jLARSEN, RON_L __.. __... .____"_.... ._.._ .
1 i 291890 09/09/11 09/09/11 "DUDLE
I Y, REX
}
1 866900 - 09/20/11._.___._....09/20/11 LANE LAW FIRM PLLC..___...._...._.._._______.__...._.._._..__ $.(53.00
1 872302# 11/29/11 11/29/11 [LANE LAW FIRM PLLC $ (53 00
1 i 884034j 04/24/12 04/24/12 LANE LAW FIRM,PLLC $ (51.08
.
1 02/07/12` 02/07/12 STANBRO DEREK R $ (50.00
_.._ _.. 1 �882958 04/10/12104/10/12 ST_RATTON_LE_ON B(48.86
1' 885112' 05/08/12; 05/08/12DAVES, RHONDA J_�_ _ $ (46.64
. D --D
R
1 886263� _ 05/15/12 _ 05/15/12'WILLIAMS, DOUGLAS E _ _. $ _ . (46.64
t
1' 863991, 08/09/11 _ 08/09/11kWILSON, DEANNAJ $ (42.04
1 885114 05/08/12 05/08/12 DAVIS BRENDA H $ (39.99
1 I 863166 08/01/11 08/01/11 fDIGBY INA $ (38.00
11 8860761 05/15/121 05/15/12jMCCOLLUM, MICHAEL T $ _ (37.76
876938 01/31/121 01/31/12 BOON RYAN J ~ $Y (34 98
1 879111 02/21/121 02/21/12JUNGQUIST JEREMY L $ (31.09
1 888703 06/19/121 T 06/19/12'TADDONIO, FRANK M $ 30.50
1 8708961 11/15/11; 11/15/11;CAUFIELD, KINIBERLYA $ 3020
_ . .... _...... _. (_....0
1 I 886079 05/15/12z 05/15/121MELLAND, LINDA L $ (28.88
1; 882851 u M04/10/12 04/10/12'JENSEN, RICHARD J $ (28.87
11 866321 09/13/11 09/13/11PARRIS, MISTY $__._ _ (27 85
1 886198 05/15/12 05/15/12STREAMS, SHARON A $ (27.78
11 884400 04/24/121 04/24/12 SLACK, THOMAS L $ (26 66
872564"..,11/29/11; 11/29/11KLEE CHRISTINA P
1 293267, 12/30/11 12/30/11;WOLSEY, RYANN M. $ (26 39
1 I 884345` 04/24/12 04/24/121PATTERSON, KEISHA M $ (25.56
1 _8_710_52 11/15/11 ` 11/15/11 KNUDSEN, CRAIG S
1 J,p 888592 06/19/12 _._____._._06/19/12€MCKAY ^ROSEMARIE..............____.____.__V_ _...._(25.30
1 864209 08/16/11 08/16/11 RICHARDSON, ALISSA $ (25 10
1 8883811 06/19/12 06/19/12AUGUST ROGER L $_. _,.__..._ (24.08
1; 88593& 05/15/12 05/15/12 DAVES RHONDA J
1 i 8792641 02/21/12 02/21/12;WEDDLE, ALISA M - $ (22.22
..__._..._._...__.j_�02/21/12,WILLIAMS, GLENN_.._._._..___.._.___._ $ (22.21
11 885939€ 05/15/12 05/15/121DAVIES BEVERLEY M $ (22.21
11 866343 09/13/11( 09/13/11--SCARBOROUGH JERRY L
1 871256( 11/15/11 11/15/11 TYLER, TERES' $ (22.04
C
_.- __ ....... ....... 03/06/12ESTES, _ _....._
1' 880129 JAMES _.. $ _....(2124
1 871135' 11/15/11 11/15/11 OLSON BARBARAJ _ _ �21_22
1 877229 01/31/12; 01/31/12RODRlGUEZ, CONSUELO $ (21 10
1--- 8859581 05/15/12 05/15/121DUNCAN, DANIEL S_ $ (21.10
1 ! 869088;, . 10/25/11 .. 10/25/11 RAUM BHAJAN .... ........ ........ _ _ ..............E $. (20 00
1 872502,(21.02
11/29/11 11/29/11 FREY ERICA L
1._.. . 880633 03/13/12i 03/13/12 BRIONES, RAINN ..................____. _.w......_..,_____..._. _ _(20..00
1 884403; 04/24/121 04/24/121SMITH MATHEW K $ (19.44
_.____._....._....,._�11
__..__..._._887380.=06/05/12'`.06/05/12;WINCHESTER, JAREDm$(18.88;
1 876330 01/24/12 01/24/12MYETTE, STACEY E $ (18.33
1; 885073 05/08/12 05/08/12 ANDERSON, ROBERT L $ _. (18.33
1 872542 11/29/11 11/29/11 �IHLY, NICHOLAS G
1 872583 11/29/11 11/29/11 _LOWERY, CRYSTAL I $ (17.65
__.__. __.... i.� "880098 .___ 03/06/12 y 03/06/12 CLINE, ALIESHA _....._..... $ _ ___ (116.66
it--l-
_ .._.._.._ ___...._�_._. _ _...__
1..__._...___..._8800991 03/06/12; Ym (16.66
11 888476 06/19/12 06/19/12!ESCOBAR, LISA N $ (16 32
1 863770 08/09/11, 08/09/11 HOPKINS, ANNE M $ (16 12'
1 i 887379j 06/05/121 06/05/12 WINCHES it - GLEN
_ .
08/09/11, 08/09/11 SMALL BRIAN T $ (15.10
III
.....
11/15/11 11/15/11 WICKLINE, PATRICK J ___ ...... __ . $ (15.10'
EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD
(Warrants issued before July 1, 2012)
Fund Warrant No. Warrant Date G/L Date Explanation Amount
1 872418 11/29/11 11/29/11 CAUFIELD, KIMBERLY A
1 864121 08/16/11 : 08/16/11 HASKELL, EVAN $ (14 OE
1 880175 03/06/12 03/06/12 LINGBLOOM, MEGAN $ (14 08
..
1 81 559 06/19/12 06/19/12 KRIEGER, JUDITH $ (14 08
_ _...
1 863271 08/01/11 1 08/01/11 jSTORM, KELSEY $ (14.00
1 868883 10/18/11 10/18/11 gSOLOMON, JAMES A $ (13.57
1 88073603/13/12 03/13/12;MASER, DAVID P $ (13.3 ,
1 882750� _ 04/10/12, 04/10/12 BEATTIGER, ARON C ; $ (13.33
1864189 _.........._08/16/1_1?.__ 08/16/11;PARKER, T_ROY.F _-_... _-_ $ (13.06
1 j 882966` 04/10/12= 04/10/12 THOMPSON, BRICE
05/08/
1 885285 05/08/f ___ ____ 12OH__ ! .V._._..__...._.___..._..-___._-.........._..._.._..,._.
r S, JACOB N I $ �1278
1 886205 05/15/12; 05/15/12 TAYLOR, DANIEL ' $ 12.7E
m rt 1„ M 871196_ 11/15/11 r 11/15/11'SANDERSON, CAROL L
1 i 879005 02/21/121 02/21/12 BRESSERS, PETER T ?_$ (12:22
08/09/11K __.__.___08/09/11 WEIDENBACHER, TREVOR S w _r $ (11.52
(11.53 1 871077 11/15/11 i 11/15/11MACKENZIE, JOHN R_....-....____...-____.__,_.._._..___.._...__....._...___.__
11
_._m...._..__...____.__..._. ._. .. __.._.._.._._..._.___._.._8_8_4232-04/24/1_0_4/24/12,GREGORY, SKE
24N _ __ _-___$ll 8842681 04/24/12 412rKIM, ADAM
1
1 8851541 05/08/12= 05/08/12,JACOBSEN, TEODOR J ; $ (11.11
1 j 885983 05/15/12 05/15/12aFUHR, GEORGE A
_..._. _.__ _ _._._...w.____------
.
18711205 11/15/11 11/15/11 `NICHOLS, ANDREW C j $ (11.02
_. _ .
1 8727321 � 11/29/11 11/29/11 TYLER, TERESA $ (102
11 884117) 04/24/12 04/24/121BISHOP JACOB L $ (10.56
11 887317 06/05/12 06/05/12iGLYZINSKI, GAVIN J i $ (10 00
1 869985 11/01/11 a 11/01/11,STURGILL, TRACY $ (5 00
1 884391 04/24/12, 04/24/12`SEITZ, CAROLE J $ (2.78
w ..._.... _;... _.. _._._. _... _ ... _ - ._.... _....... ........
11 888696 V _ 06/19/12 06/1....... B. .w_..... ,....... ....... ,_,.,.__...,...,..._._...
!Total General Fund $ (2,307.93
1.08294101z 03/09/12 03/09/12WHEELER, JAYaµ __. ` $ (2.13
jTotal Road Fund $ (2.13
114 866920 09/20/11 09/20/11 VETERANS - FARMERS INSURANCE $ (81.20
__.._..............._.__...__.__._.__._.. ;Total Veteran's Relief Fund i $ (81.20
_._._. _..,. _._4441.. 294093`_.._....._._...03/09/12r.._._.__.. 03/09/12;RUPP, JANETYVONNEN (165.53
' Total Ferry System Fund I $ 165.53
i
Total County Funds ; $ (2,556.79
606 291740 08/31/11 08/31/111TAYLOR OCHOA, BRENDA J. 4 $ (84.80
'Total Cemetery District No 6 1 $ (84.80
607 1
8778817I 02/21/12; 02/21/121WA ST OFFICE STATE PROCURENIENT $ (600.00
607 9474 10/25/111 10/25/11IJOHNFD_EERE FINANCIAL I $ (556.50
607 88658605%22/12 05/22/121FERNDALE READY MIX & GRAVEL �� $ (13.37
607 869471 10/25/11 10/25/11 FERNDALE TRUE VALUE HARDWARE $ (4.28
_.._.__...._....__v._a....._..
ITotal Cemetery District No. 7 _ $ (1,174.16
- _,__
672 _ M 881892 03/27/12_...03/27/12'DIETZ RICHARD C.
$- - (29.28
672 867253 09/27/11I 09/27/11 BRA_SKET, LINDA $ 27.50
(
_._. Total ~NWRC � 3 $ (56.78
701 292358 10/31/11I 10/31/11 ANDERSON, DONALD J. $ 361.35
_.._.-.._.._.._..____._._. _ _ _ _ .. ...,._._ _. v..
` _--._-__.....-_.Total Fire District No. 1 _.....__.__._._.._...._-... 7d61.35
EXHIBIT A: CANCELLATION OF WARRANTS OVER ONE YEAR OLD
arrants issued before July 1, 201
7041
8668361
09/20/11 1
09/20/111 HORIZON BANK - VISA _
Total Fire District No 4
__...m _ _ . _..,.
i
7071
7
294658
04/30/12
1(
MOREAU CASEY E.
_9,4/30/121
Total Fire District No 7
708;
2921261
.. .. ... ........
09/30/111
.... ........../1 ,1._
_09/30/11'CROY WALLACE W
...,.. .....,. ._.._. ,. ,....... ...».._ ... »..,. ,.. _.... .., ._....._
708;
291825
08/31 /111
08/31 /11 , STEWART, I1I, THOMAS A
708i
292136�
09/30/11 `
Op/30/1 11 STEWART III, THOMAS A
_ ... 7081
294682
Tym04/30/12
.....»... 04/30/121CROY WALLACE W...._..__._......,.._._...._....w_v_.
708i
C.
295320`
06/29/12�
06/29/121CROY,
WALLACE W.
_._......_708.._ .._..,__._294304
-.......-.
_ 03/30/12_
03/30/12,CLINE,
MARK S.__...»_._____....___..._____.._.......»_.__..........__
Total Fire District No. 8
714
292089£
09/30/11
09/30/11WILLIAMSON DANIEL G
�_4
01/31/12j
TROY.AA.
_._._._... _...._ ._...,.-_„__,293531„
714
2
_ 04/30/121
_-.._......_-01/31/12=13AISDEN,
__._...
_.._._.._._._.._...._.._......._.....
04/30/12:BAISDEN TAMMY K.
`m
9530714
/121
M..,._.......
MY
01/31/12;BAISDENTAKw
_...__.._.....
..._.._..__._...__...---..
Total Fire District 14
7171
883420
04/17/12
04/17/12iCOLIMA DESIGN
s_..
Total Fire District 17
_... .-.._ _.., _.._ ._,. ._., _,_,... ,...... ... ,...... _ _ ...
..,... ... -_._..
{.
.,,.
..
,... .., ,. ..., ,.
11 /22/11 FUTRELLE ETHAN
_
718 j
883893
04/22/11
/24/12`
04/24/12,BRENNAN, MICHAEL
. .
4
Total Fire District 18
-.
752
874114
12/20/11
_ ._ .. .. . ........... i.._.._..__....
.
12/20/11 PEEPLES JR JAMES Y.
7521
I_.._
294712
04/30/12
.._
04/30/12 BROWN VINCEIVT S.
_ _. _. _ , ____._,____._____ _
752
292525'
10/31/11
10/31/111COALLIER, ROBERT R.
752€
2947093
04/30/12
04/30/12iBAUMAN, CARMELLAA.
j
752;
_____..-_w__f____
888240
06/19/12
._..._.__..._
06/19/12BOYD, EVAN W.
_.__..,..._...._.-752--µ292527=10/31/11
752E
883479
04/17/12
_.....___10/31/111FARLOW,DEVIN_R_..__...,_.,.,.---._.
......... ___.
04/17/12'CARLS MOWER &SAW INC
'Total SWFA
1
i
Total District Funds
TOTALFUNDS
$
(33.42
i
.... -.,... _. _.. _.... _. _,. _
$
. .. ........ ................
(25AE
$
(26.46
$
(98.07
$
(;98 05
$
(98 05
..(98.05
$
(14.01
1 $
(504.28
$
(47.17
is
(20.76
(11.33
$
(9.43
(88.69
i
i $
(37.96
$..
(92 _��).
$ (9.63
$ (101.63
$ (42,46)
$ ro (32.00) [
$._ __. (21.23)
$ (7.74)�
$ (331.56) I
$ (2,800.09)
$ (5,356.88)
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-337
CLEARANCES
Initial
Date
Date Received in Council Of ,rice
Agenda Date
Assigned to:
Originator:
F 11
10122113
Finance/Council
Division Head.-
Dept Head.-
tom"
V%TAi
I]"COM rt
IJ
C 0 C'l L
Prosecutor,,
Purchasing/Budget:
Executive:
TITLE OF DOc-6rU
Resolution Orde=e Cancellation of Accounts Receivable More than a Year Old
A TTA CHMENTS:
Proposed resolution and list of uncollectible accounts receivable.
SEPA review required? ) Yes ) NO
Should Clerk schedule a hearing? Yes NO
SEPA review completed? )Yes ) NO
Requested Date:
S UMMAR Y S TA TEMENT OR LEGAL NOTICE LANG U4 GE.* (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 RCWor WCCas appropriate. Be
clear in explaining the intent of the action.)
This resolution orders the cancellation of accounts receivable for parking violations that are over a year old and
are uncollectible. The total amount to be cancelled is $315,00.
COMMITTEEACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.w(i.iisleoiincil.
WHATCOM COUNTY
ADMINISTRATIVE SERVICES
Brad Bennett, Finance Manager
MEMORANDUM
TO: Jack Louws, County Executive
FROM: Brad Bennett, Finance Manager
DATE: October 11, 2013
FINANCE/ACCOUNTING
Whatcom County Courthouse
311 Grand Avenue, Suite #503
Bellingham, WA 98225-4082
COUNTYT. .�;.
IVE
SUBJECT: Resolution to Cancel Accounts Receivable for Parking Violations
Attached is a proposed resolution to cancel uncollected accounts receivable for parking
violations that are over a year old. We are unable to send to collections parking violations that
are five dollars or less. As per RCW 36,32.120, with Council authorization, we would like to
cancel these accounts receivable. If you have any questions regarding this request, please contact
Kristin Frank at extension 50790. Thank you.
:i
SPONSORED BY: Consent
PROPOSED BY: Executive
INTRODUCTION DATE: October 22, 2013
RESOLUTION NO.
ORDERING THE CANCELLATION OF ACCOUNTS
RECEIVABLE MORE THAN A YEAR OLD
WHEREAS, the Revised Code of Washington, Section 36.32.120, states
the County legislative authority shall audit the collection of money belonging to the
County; and,
WHEREAS, Administrative Services has provided a list of parking
violation accounts receivable that were incurred prior to September 1, 2012 and are
uncollectible.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County
Council that Administrative Services Finance is directed to write off as uncollectible
accounts receivable listed in Exhibit A.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Council Chair
APPROVED as to form:
Civil Deputy Prosecutor
Parking Violations Accounts Receivable Over One Year Outstanding (Invoice date before 911112)
EXHIBIT A: CANCELLATION OF PARKING VIOLATION ACCOUNTS RECEIVABLE
Invoice Date
Fund
Customer No. Customer Name
Invoice No. Description
Amount
( 11/30/111
507
105179iWASTASSNCOUNTIES
16302 ;VIOL# 3937 LIC# 681XYR
5.00
11/30/111
507
399111,HOLMES, JAN ICE E
1 16337 MOL# 3946 LIC# 775ZAL
5.00
08/31/12;
507
467292 1 SEA -MAR CHC - CENTRAL BILLING
j 17825!PKG VIOL# 4215 LIC# 687YAL
!
5.00 ;
05/31/12i
507
8224343BRIDGES, ROBERT & CASSANDRA
17314!PKG VIOL#4136 LIC# 198UWJ
5.00
03/31/121
507
940748 STICKEL, KERI A
( 170001PKG VIOL#4072 LIC#AEG5274
!
5.00 j
02/29/08
507
1405608!STALLING, JEFFREY A.
i 9796!VIOL# 2371 LIC# 081 HKX
5.00
08/31/121
50,/
1566178`SCOVIL, NICOLE
I 17798'PKG VIOL#4205 LIC#030WDU
j
5.00
01/31/12'.
507
1721504MAGANA,CONNIE
I 16599!VIOL#4002LIC# 941ZSF
5.00
01/31/09'
507
18252071BASS, MICHELLE L.
f 11491IVIOL#2739 LIC#486RPA
i
5.00
t 08/31/10;
507
1825207 BASS, MICHELLE L.
14557IVIOL# 3648 LIC# ABC2094
5.00 1
s 04/30/091
507
190338311OFFMAN, CYNTHIA M.
#2
12028;VIOL890 LIC# 625WMR
i,
5.00
11/30/091
507
1903383'HOFFMAN, CYNTHIA M.
! 13137!VIOL# 3177 LIC# 625WMR
5.00
06/30/12i
507
1934850BROWN, NIKKI
174641 PKG VIOL# 4160 LIC#294YSQ
{
5.00 1
11/30/111
507
1986027MADDEN, JANE
' 16384;VIOL# 3954 I_IC# ADD5713
5.00
12/31/11
507
21945741ANTCZAK, ROBERT & EWA
' 16387,VIOL# 3959 LIC# ADD5463
}
5.00
69/30/11 ;
507
2235575iBUCKLEY-WO2NIZK, CRYSTAL A
16009 MOL# 3872 LIC# AEG4757
(
5.00
09/30/11 !
507
2235655?LYON, KATRINA
16013'VIOL# 3877 LIC# B76606G
5.00 j
09/30/11;
507
2235663 GAYLORD, JASON C
16014!VIOL# 3878 LIC# 603YBN
i
5.60
09/30/11
507
2235954CAMPOS, JOSEPH A
i 16050IVIOL# 3880 LIC# 196TEB
1
5.00
,
i 10/31/11
507
2236332'TAYLOR, STEFAN CA
16104!VIOL# 3893 LIC# 916XAM
5.00
12/31/11:
507
2236332:'TAYLOR, STEFAN CA
16459 tVIOL# 3973 LIC# 916XAM
I
5.00
10/31/111,
507
2238135;DOUGLAS, JOSH J
! 16117!VIOL# 3904 LIC# B67371K
5.00
10/31/11
5-07
2238194'REEVES, HERBERT & BARBARA SANDAHL
i 161481VIOL# 3912 LIC# 491WHI
;
5.00
10/31/11 i
507
2238426'GRUMCO
16193€VIOL# 3918 LIC# 062YNW
5.00
11/30/11 }
507
2239189'ROBERTS PHYLLIS C
i 16198VIOL# 3925 LIC# ZME
795
5.00
11/30/11i
507
22392851SLIGAR, TERESA M
I 162014VIOL# 3930 LIC# 561 UCS
!
5.00 `
11/30/111
507
2239453'•,HUBBARD, MATTHEW
j 16301 jVIOL# 3936 LIC# B93422R
i
5.00
11/30/11 i
507
2240526'SCOTT, JAMES W
16304MCI-# 3940 LIC# 697TBZ
?
5.00
11/30/111
507
2240833iBOSSCHER, KENNETH C
16335!VIOL# 3944 LIC# B99307N
5.00
11 /30/111
507
2240868,SLONE, ATALIE G
16334fVIOL# 3943 LIC# ADD3729
5.00
11/30/11'
507
2241182iABBOTT, TIMOTHY R
; 16383'VIOL# 3953 LIC# 172XHQ
5.00
12/31/11
507
2241220 CLARK, COLEEN L
16391 ;VIOL# 3964 LIC# 412TXE
#
5.00
12/31/111
507
2241297;ROSENGRANT, ROBERT H JR
i 16456!VIOL# 3969 LIC# 974WLH
5.00
12/31/11
507
2241318,SMITH, EBONY
i 16457 VIOL# 3970 LIC# 9969UDK
1261/11
507
2241887;MAYES, GREGORY A
t 16583;VIOL# 3961 LIC# 222WLL
!
5.00
01/31/12;
507
2241932"GEORGE, ELSA
16589IVIOL#3989 LIC#AAE0176
5.00 j
12/31/11
507
2241959iRIGGLE, DANIEL D
165851VIOL#3984 LIC#548XNK
i
5.00
01/31/12;
507
2242548:CRAWFORD, CHARISSA A
! 16591iVIOL#3991 LIC#ACR9994
`
5.00
01/31/12'
507
2243541 iKRObH,TIMOTHY L
16693VIOL#4033 LIC# 380ZKB
;
5.00
01/31/12'
507
2243858IPIO,ANGELICA &REINALDOMARTINEZ
16739`PKGVIOL#4041LIC# AGR6429
(
5.00
01/31/12
507
2243891!SZABO, MICHAEL L
16742'PKG VIOL# 4044 LIC# 047TVJ
[
5.00
02/29/12
507
2245280iHURTUBISE,REBECCA&JAMES
i 16880 I PKG VIOL# 4011 LIC# B99629L
y
5.00I
02/29/12'
507
2245941 BECKER, BRAD & ALEX
16888 i PKG VIOL# 4023 LIC# 942X5X
5.00 ,
02/29/12'
507
2245950; FRIESEN, MICAH
16890:PKGVIOL#4026LIC# AC70170
5.00
03/31/12'
507
2246371;BAGLEY, JULIE L
16931 IPKG VIOL#4056 LIC# 152XIV
5.00
03/31/12!
507
2246469;NAGRA,DALJITS
16976iPKGVIOL#4061LIC# 531VHE
5.00
04/04/121
507
2249230!KILGORE, KAI_ISKA E
j 170841PKG VIOL# 4082 LIC# 932XXY
;
5;00
04/30/12(
507
2250652MARTIN, MICHAEL W
17151 jPKG VIOL#4090 LIC#AGS4009
j
5.00 j
05/31/12'
507
2252172 RIANDA, JEFFREY
j 17308jPK6 VIOL# 4129 LIC# 941VBU
5.00
05/31/121
507
2252404`BEDE, ELISABETH A
I w 17311'PKG VIOL# 4133 LIC# 570VBR
5.00
05/31/12:
507
2252471 GETZ, LYNN T
I 17328sPKG VIOL#4152 LIC#ACC8392
5.00
1 05/31/121
507
2252818HALE, KIRC & FRIEDA
17307:`,PKG VIOL# 4112 LIC#ACE3182
5.00
06/30/121
507
22545141RASMUSSEN, JEFFREY & GLORIA
I 17459 PKG VIOL# 4154 LIC# 981 WUD
5.60
06/30/121
507
2254611;JUNGQUIST, JEREMY L
j 174631PKG VIOL# 4159 LIC#AHP9061
j
5.00
06/30/12j
507
2255867 SHKURAT, PAVEL P
17494iVIOL#4166 LIC#AAA6155
5.00 j
06/30/12'
507
2255891 `;HANLINE, CHRISTOPHER B
17491PKG VIOL# 4162 LIC# 077YZF
;
5.00
06/12
/30
507
2257230LONGORIA, ALFREDO
17598 PKG VIOL# 4186 LIC#AIA7465 '
5.00
06/30/121
507
2257248;SOREN, ANNA
175971PKG VIOL# 4185 LIC# 096VL0
5.00
06/30/12
507
2257934 ALLARD, ZACHARY J
175931PKG VIOL# 4181 LIC# ACR9906
5.00
07/31/12
507
2258419;POLINDER, JANE C
' 17668;PKG VIOL# 4188 LIC# ACC8307
5.60
07/31/12'
507
2258558;POLLETTA, DANIEL J
17675PKG VIOL# 4197 LIC# 152ZRF
5.00 1
08/31/12'
507
2259542;BRUCE COX IMPORTS
17829�PKG VIOL#4222 LIC#AGZ8264
i
5.00
08/31/12;
507
2259551;LOGAN, JOHN W
j 17819PKG VIOL# 3836 LIC# 314XAM
5.00
315.00
0 r% 1 1) 1) 1) 0
WHAT CUM
CUUIVI'Y
CUUIVCIL A ULIVUA BILL NO. `VL-J--J-ju
CLEARANCES
initial
Date
Date Received in Council 9fLice
A enda Date
Assi ned to:
Originator
DeeF
10109113
10/22/13
Finance
Division Head.-
10/22/13
Council
Dept. Head:
1"",
16 V -,?6 13
OC IT
I
Prosecutor
A-6-
q-30
1// /0/
Purchasing/Budget:
'A
COUNCIL -
Executive:
i C- I P.YI13
TITLE OF DOCCAENT.- Interlocal agreement between the City of Bellingham and Whatcom County
A TTA CHMENTS.
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 RCWor WCC as appropriate. Be
clear in explaining the intent of the action)
This Interlocal agreement is for the City of Bellingham to provide up to $20,000 for Emergency Repairs to Sun
Community Services House; remodel of the front porch and ADA ramp. Sun Community House is located at
515 E Chestnut Street, Bellingham WA. The property is owned by Whatcom County and is leased to Sun House
for housing to very low income persons.
COMMITTEE ACTION:
COUNCIL A CTION.-
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 websiteat. www.co.whatconi.wa.uslcouiicil.
EM
WHATCOM COUNTY
ADMINISTRATIVE SEVICES
Whatcom County Courthouse
311 Grand Ave, Suite 108
Bellingham, WA 98225-4083
MEMO TO- Jack Louws, County Executive
Whatcom County Councilmembers
FROM: Michael Russell, Facilities Manager,,,
DATE: October 11, 2013
R E., Interlocal Agreement
FACILITIES MANAGEMENT
316 Lottie Street
Bellingham, WA 98225-4010
Phone: 360.676.6746
Fax: 360.676,6789
Facilities@co.whatcom.wa.us
MICHAEL RUSSELL
Facilities Manager
MAW
OCT 11 Z013
Attached is the proposed Interlocal Agreement between Whatcom County and City of
Bellingham, for the purpose of repairs to Sun House; that needs for your review and
signature.
- Background and Purpose
This agreement is for Emergency Repairs to Sun House located at 515 E Chestnut Street,
Bellingham. Sun Community Services House is a housing facility that provides assistance to
very low-income persons. Repairs which include a Front Porch Remodel and ADA Ramp are
necessary and long overdue, and Sun House staff has approached City of Bellingham for
housing levy funding for these repairs.
Funding Amount and Source
This agreement provides a Reimbursement from the City of Bellingham Housing Levy Fund
to Whatcorn County for an amount up to $20,000.00. AS Facilities has submitted a
Supplemental Budget request to provide for these fundings from the City of Bellingham.
- Differences from Previous Contract
This project is a one-time agreement.
If you have any question, please do not hesitate to contact me at x5O575.
Once signed, please contact our office at x50566 and we will be happy to come and pick it
up.
M113097
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
093909�
Originating Department:
Facilities Management
Contract or Grant Administrator:
Michael Russell
Contractor's / Agency Name:
Ci of Bellingham
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ❑ No ❑
Is this a grant agreement?
Yes[-] No ® If yes, grantor agency contract number(s) CFDA #
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? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center:
Is this agreement excluded from E-Verify? No ® Yes ❑ If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$20,000
• Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$20,000
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of Scope: This Interlocal Agreement is between Whatcom County and the City of Bellingham, the agreement is
for a reimbursement up to $20,000 for Emergency Repairs to Sun Community Services House, 515 E Chestnut Street,
Bellingham, WA. Remodel to Front Porch and ADA Ramp
Term of Contract:60 days I
Expiration Date: 60 days from NtProceed
Contract Routinz Steps & Si-noff Sign or Initial Indicate date transmitted
1. Prepared by:
Date:
2. Attorney reviewed:
Date:
9/;ol + '3
3. AS Finance reviewed:
Date:
/®
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date:
6. Attorney signoff:
Date:
3 o2 r 3
7. Contractor signed:
Date:
8. Submitted to Exec Office:
Date:
/®-/o -/ 3
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
La8trdited 7/24/13
s.
�..,�Nya.__,
INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM
AND WHATCOM COUNTY REGARDING EMERGENCY REPAIR FOR SUN HOUSE
This Interlocal Agreement by and between the City of Bellingham (hereinafter, the City) and
Whatcom County (hereinafter, the County) is entered into pursuant to the provisions of Chapter
39.34 RCW, for the purposes of repairs to Sun House, a housing facility that provides
assistance to very low-income persons.
WHEREAS, Sun House, located at 515 East Chestnut ("Sun House"), provides housing
to very low-income persons;
WHEREAS, the wheelchair ramp at Sun House is in need of immediate repair;
WHEREAS, Sun House is owned by the County and leased to Sun Community
Services, a non-profit public benefit corporation organized under the laws of the State of
Washington;
WHEREAS, the City has funds from the 2012 Housing Levy that can assist in the repair
of affordable housing within the city limits;
NOW, THEREFORE IT IS AGREED THAT the City of Bellingham will provide a
recoverable grant, as defined in Section 301 of the 2012 Housing Levy Guideline and Procedure
Handbook, to repair the wheelchair ramp as set forth below:
Section 1. Fundinq and City Responsibilities
Upon presentation of an invoice from the County, the City will reimburse Whatcom County no
more than $20,000 for emergency repairs at Sun House.
Section 2. County Proiect Responsibilities
The County agrees to be the project manager for the construction repairs and will ensure
compliance with all state and local laws regarding such work, including but not limited to:
(a) Applicable bidding laws and procedures;
(b) Washington State Prevailing Wage requirements if applicable;
(c) Americans with Disabilities Act; and
(d) Building and other permits as required.
Section 3. Housing Affordability Requirements
The County agrees that the property at 515 East Chestnut will be made available for those
persons or households that earn less than 50% of Area Median Income (AMI) for five years from
project completion, or December 31, 2018, whichever is later. In the event that the County does
not provide the affordable housing for this period, the County will reimburse the City for the
funds that were provided for this emergency repair within sixty (60) days of request from the
City.
Page 1 of 4
88
Section 4. Administrative Responsibilities
The City administrative officer for the purpose of this Agreement is:
David Stalheim, Block Grant Programs Manager
City of Bellingham Planning and Community Development Department
210 Lottie Street
Bellingham, WA 98225
The County representative for the purpose of this Agreement is:
Mike Russell, Facilities Manager
Whatcom County Facilities Management
316 Lottie Street
Bellingham, WA 98225
Section 5. Effective Date, Duration, Amendment and Termination
This agreement shall be effective five (5) days after its approval and signature by the City and
the County and shall remain in effect until December 31, 2018. This agreement can be
terminated, amended or extended by mutual agreement of the two parties.
Section 6. Relationships of the Parties
The parties agree that they are each an independent entity operating pursuant to the terms and
conditions of this Agreement. No agent, employee, or representative of any party shall be
deemed to be an agent, employee, or representative of any other party for any purpose. Each
party shall be solely and entirely responsible for the acts of its agents and employees during the
term of this Agreement.
Section 7. Indemnification
Each party, as an indemnitor, agrees to protect, defend, hold harmless and indemnify the other
party from and against all claims, suits, and actions arising from the intentional or negligent acts
or omissions of such indemnitor, its agents, or employees in the performance of this Agreement.
Section 8. Extent of Agreement
This Agreement contains all of the terms and conditions agreed upon by the parties. The
parties agree that there are no other understandings, oral or otherwise, regarding the subject
matter of this Agreement.
IN WITNESS THEREOF, the parties have signed this agreement, effective on the date indicated
below.
Page 2 of 4
89
Whatcom County
By
Jack Louws, Executive
Date
Approved as to form:
Whatcom ounty rosecutor
STATE OF WASHINGTON )
) ss
County of Whatcom )
On this _ day of , 2013, before me personally appeared JACK
LOUWS, to me known to be the EXECUTIVE OF WHATCOM COUNTY, and who executed the
above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of
Washington residing at Bellingham.
My appointment expires:
Page 3 of 4
CITY OF BELLINGHAM
By:
Kelli Linville, Mayor
Attest:
Approved as to Form:
Finance Director
Office of City Attorney Jeffrey B. Thomas, Director of Planning & Community
Development
STATE OF WASHINGTON )
) sse
COUNTY OF WHATCOM )
I certify that I know or have satisfactory evidence that KELLI LINVILLE is the person who appeared
before me, and said person acknowledged he signed this instrument on oath stated he was authorized to
execute the instrument and acknowledged it as the Mayor of the CITY OF BELLINGHAM to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Signature of Notary Public
Name Printed
My Appointment Expires:
Page 4 of 4
91
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
20l2-229
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Division Head:
V41i-VU GO Ad COUNTY
COUNCIL
Dept. Head:
Prosecutor:
9'1;
Purchasing/Budget:
10
Executive:
1111131
TITLE OF DOCU Emergency Solutions Grant Agreement with Washington Department of Commerce
1. Memo
2. Info Sheet
3. 2 copies of Grant Agreement
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 grant provides homelessness prevention assistance to households who would otherwise become
homeless and to provide assistance to rapidly re -house persons who are experiencing homelessness.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
R lated 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
92
WHATCOM COUNTY
Health DEBT.
509 Girard St.
Bellingham, WA 98225
TO:
FROM:
RE:
DATE:
MEMORANDUM
Jack Louws, County Executive
Regina A. Delahunt, Director#
Regina A. Delahunt
Director
OCT 3m 2013
WA Department of Commerce, Emergency Solutions Grant
October 2, 2013
I MR
Enclosed are two (2) originals of a grant agreement between the Washington Department of
Commerce and Whatcom County for your review and signature.
■ Background and Purpose
The purpose of the Emergency Solutions Grant (ESG) is to provide homelessness prevention
assistance to households who would otherwise become homeless and to provide assistance to
rapidly re -house persons who are experiencing homelessness. The Emergency Solutions Grant
replaces the Emergency Shelter Grant program which previously was disbursed directly to local
non -profits providing emergency shelter services. The program has been renamed, expanded to
include homelessness prevention and rapid rehousing elements and the County is now the lead
agency. This is a federal formula grant program.
We plan on passing this funding through to the Whatcom Homeless Service Center to be spent on
homelessness prevention and rapid rehousing. The funds will be spent on security deposits, utility
payments, last month's rent, short or medium term rental assistance, etc.
Budget authorization will be requested for the 2014 budget through the mid -biennium adjustment
process.
■ Funding Amount and Source
This grant provides $160,207 in funding to be utilized 1/1/14 to 12/31/14. Council approval is
required because this is a new revenue source.
■ Differences from Previous Contract
This is new grant funding that has not previously been awarded to the County. The
allowable activities and expected outcomes fit well within the County's plan to end
homelessness.
Please contact Gail deHoog at extension 30693, if you have any questions regarding this
agreement.
Encl.
93
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County
Contract No.
,201 /000
Originating Department:
Health
Contract or Grant Administrator:
Gail deHoog
Contractor's / Agency Name:
Washington Department of Commerce
Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑
Yes® No ❑ If Amendment or Renewal, Original Contract #
Does contract require Council Approval? Yes ® No ❑
Is this a grant agreement?
Yes® No ❑ If yes, grantor agency contract number(s) 14-46107-012 CFDA # 14.231
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? Contract
Yes ❑ No ® If yes, RFP and Bid number(s) Cost Center: 12-2.'!�00
Is this agreement excluded from E-Verify? No ❑ Yes ❑ If no, include Attachment D Contractor Declaration form.
If yes, indicate exclusion(s) below:
❑ Professional services agreement for certified/licensed professional ❑ Contract work is for less than 120 days
❑ Contract less than $100,000. ❑Contract for Commercial off the shelf items (COTS)
❑Contract work is all performed outside U.S. ❑Work related subcontract less than $25,000.
® Interlocal Agreement (between Govt's) ❑Public Works - Local Agency/Federally Funded FHWA
Contract Amount:(sum of original contract amount and
Contracts that require Council Approval (incl. agenda bill & memo)
any prior amendments)
• Professional Services Agreement above $20,000.
$160,207
. Bid is more than $40,000.
This Amendment Amount:
. Amendments that have either an increase greater than 10% or
$
provide a $10,000 increase in amount (whichever is greater)
Total Amended Amount:
$
RENEWALS: Council approval is not required when exercising an
option to renew that is provided in the original contract.
Summary of scope: The purpose of the Emergency Solutions Grant (ESG) is to provide
homelessness prevention assistance to households who would otherwise become homeless
and to provide assistance to rapidly re -house persons who are experiencing homelessness.
Term of Contract:1 Year
Expiration Date: 12/31/2014
Contract Routing Steps & Signoff Sign or Initial Indicate date transmitted
1. Prepared by: Pi
Date: 9/25/13
2. Attorney reviewed:
Date: 9 J `W/ 1
3. AS Finance reviewed:
Date: p
-z
4. IT reviewed, if IT related:
Date:
5. Corrections made:
Date: 0130 1 3
6. Attorney signoff:
Date:
7. Contractor signed:
Date:
$. Submitted to Exec Office:
Date:
9. Council Approved (if required):
Date:
10. Executive signed:
Date:
11. Contractor original returned to Dept.:
Date:
12. County original to Council:
Date:
RAT, COM COUNTY
C 0 U NTY 0 N A L, CONTRACT NO�
Department of Commerce
Ininovation i s ou r r. at u re.
Grant Agreement with
For
Whatcom County
through
The Emergency Solutions Grant (ESG)
The purpose of ESG is to provide homelessness prevention
assistance to households who would otherwise become homeless
and to provide assistance to rapidly re -house persons who are
experiencing homelessness.
Under the Department of Housing and Urban Development
(HUD) Homeless Emergency Assistance and Rapid
Transitions to Housing Act of 2009 (HEARTH Act)
Start date: January 1, 2014
Washington State Department of Commerce
www.COMMERCE.wa.gov
95
Special Terms and Conditions........................................................................................1
FaceSheet............................................................................................................1
1. Acknowledgement of Federal Funding..............................................2
2. Grant Management..................................................................................2
3. Compensation..........................................................................................2
4. Billing Procedures and Payment.............................................................. 2
5. Insurance................................................................................................. 2
6. Order of Precedence................................................................................ 3
General Terms and Conditions.......................................................................................5
1.
Definitions................................................................................................5
2.
Access to Data........................................................................................
5
3.
Advance Payments Prohibited.................................................................
5
4.
All Writings Contained Herein..................................................................5
5.
Amendments...........................................................................................
5
6.
Americans With Disabilities Act(ADA).....................................................
5
7.
Assignment..............................................................................................6
8.
Attorney's Fees........................................................................................6
9.
Audit........................................................................................................
6
10.
Certification Regarding Debarment, Suspension or Ineligibility and
Voluntary
Exclusion.................................................................................................
7
11.
Confidentiality/Safeguarding of Information ..............................................
8
12.
Conflict of Interest....................................................................................8
13.
Copyright Provision..................................................................................9
14.
Disputes..................................................................................................
9
15.
Duplicate Payment.................................................................................10
16.
Governing Law and Venue....................................................................10
17.
Indemnification......................................................................................10
18.
Independent Capacity of the Contractor.................................................10
19.
Industrial Insurance Coverage...............................................................10
20.
Laws......................................................................................................10
21.
Licensing, Accreditation and Registration..............................................12
22.
Limitation of Authority............................................................................12
23.
Noncompliance With Nondiscrimination Laws........................................12
24.
Political Activities...................................................................................13
25.
Procurement Standards for Federally Funded Programs .......................13
26.
Publicity.................................................................................................14
27.
Recapture..............................................................................................14
28.
Records Maintenance............................................................................14
29.
Registration With Department of Revenue.............................................14
30.
Right of Inspection......................................................................14
31.
Savings..................................................................................................14
32.
Severability............................................................................................15
33.
Site Security..........................................................................................15
34.
Subcontracting.......................................................................................15
35.
Survival..................................................................................................15
36.
Taxes....................................................................................................15
37.
Termination for Cause...........................................................................15
•e
38. Termination for Convenience.................................................................16
39. Termination Procedures........................................................................16
40. Treatment of Assets...............................................................................17
41. Waiver...................................................................................................17
Attachment A, Scope of Work
Attachment B, Budget
97
FACE SHEET
Contract Number: 14-46107-012
Washington State Department of Commerce
Community Services and Housing Division
Housing Assistance Unit
Emergency Solutions Grant (ESG)
1. Grantee
2. Grantee Doing Business As (optional)
Whatcom County Health Department
509 Girard St
Bellingham, WA 98225
3. Grantee Representative
4. COMMERCE Representative
Gail de Hoog
Nick Mondau PO Box 42525
360-676-672400693
Program Manager 1101 Plum Street SE
Fax: 360-676-6771
(360) 725-3028 Olympia, WA 98504-2525
gdehoog@co.whatcom.wa.us
(360) 586-5880
nick.mondau@_commerce.wa.gov
5. Grant Amount
6. Funding Source
7. Start Date
8. End Date
$160,207
Federal: ® State: ❑ Other: ❑ N/A: ❑
January 1, 2014
December 31, 2014
9. Federal Funds (as applicable) Federal Agency: CFDA Number
HUD 14.231
10. Tax ID #
11. SW V #
12. UBI #
13. DUNS #
SW V0004245
14. Grant Purpose
The purpose of ESG is to provide homelessness prevention assistance to households who would otherwise become homeless and to
provide assistance to rapidly re -house persons who are experiencing homelessness. The funds under this program are intended to
target individuals and families who would be homeless but for this assistance. The funds will provide for a variety of assistance,
including: short-term or medium -term rental assistance, housing search and placement, and housing stability case management.
COMMERCE, defined as the Department of Commerce, and the Grantee, as defined above, acknowledge and accept the terms of
this Grant and attachments and have executed this Grant on the date below to start as of the date and year referenced above. The
rights and obligations of both parties to this Grant are governed by this Grant and the following other documents incorporated by
reference: Grantee Terms and Conditions including Attachment "A" — Scope of Work, Attachment `B" — Budget, Guidelines for
Emergency Solutions Grant (ESG) and ESG Application. In addition, HUD Interim Rule entitled HEARTH: ESG Program and
Consolidated Plan Conforming Amendment of 24 CFR Parts 91 and 576, Docket No. FR-5474-I-01, RIN 2506-AC29 is
incorporated by reference.
FOR GRANTEE
FOR COMMERCE
Diane Klontz, Assistant Director
Si t
'`�
Community Services and Housing Division
Date
Print Name and Title
Ig- 7 1
APPROVED AS TO FORM ONLY
Date
BY ASSISTANT ATTORNEY GENERAL
••
DEPARTMENT APPROVAL
Anne Deacon, Human Services Manager
WHATCOM COUNTY
JACK LOUW S
County Executive
STATE OF WASHINGTON )
COUNTY OF WHATCOM
Date
On this day of , 2013, before me personally appeared Jack
Louws, to me known to be the Executive of Whatcom County and who executed the above instrument and who
acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for
the State of Washington,
residing at Bellingham.
My Commission expires:
APPROVED AS TO FORM
d-e4�_ A - q i 3o ?.3
Elizabeth L. Gal ry, Civi Deputy Attorney
Date
99 .
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. ACKNOWLEDGEMENT OF FEDERAL FUNDING
The Contractor agrees that any publications (written, visual, or sound) but excluding press releases,
newsletters, and issue analyses, issued by the Contractor describing programs or projects funded in
whole or in part with federal funds under this Contract, shall contain the following statements:
"This project was supported by Grant No. E13-DC-53-0001 awarded by the Department of
Housing and Urban Development (HUD). Points of view in this document are those of the
author and do not necessarily represent the official position or policies of the HUD. Grant
funds are administered by the Housing Assistance Unit in the Community Services and
Housing Division, Washington State Department of Commerce."
2. GRANT MANAGEMENT
The Representative for each of the parties shall be responsible for and shall be the contact person for
all communications and billings regarding the performance of this Grant.
The Representative for COMMERCE and their grant information are identified on the Face Sheet
of this Grant.
The Representative for the Grantee and their contact information are identified on the Face Sheet
of this Grant.
3. COMPENSATION
COMMERCE shall pay an amount not to exceed the approved Budget — Attachment B for the
performance of all things necessary for or incidental to the performance of work as set forth in the
Guidelines for Emergency Solutions Grant (ESG) — Attachment C.
4. BILLING PROCEDURES AND PAYMENT
COMMERCE will pay Grantee upon acceptance of services provided and receipt of properly
completed invoices, which shall be submitted to the Representative for COMMERCE monthly.
Payment shall be considered timely if made by COMMERCE within thirty (30) calendar days after
receipt of properly completed invoices. Payment shall be sent to the address designated by the
Grantee.
COMMERCE may, in its sole discretion, terminate the Grant or withhold payments claimed by the
Grantee for services rendered if the Grantee fails to satisfactorily comply with any term or condition of
this Grant.
No payments in advance or in anticipation of services or supplies to be provided under this
Agreement shall be made by COMMERCE.
Duplication of Billed Costs
The Grantee shall not bill COMMERCE for services performed under this Agreement, and
COMMERCE shall not pay the Grantee, if the Grantee is entitled to payment or has been or will be
paid by any other source, including grants, for that service.
Disallowed Costs
The Grantee is responsible for any audit exceptions or disallowed costs incurred by its own
organization or that of its subgrantees.
5. INSURANCE
The Grantee shall provide insurance coverage as set out in this section. The intent of the required
insurance is to protect the state should there be any claims, suits, actions, costs, damages or
2
100
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
expenses arising from any loss, or negligent or intentional act or omission of the Grantee or
Subgrantee/subcontractor, or agents of either, while performing under the terms of this Grant.
The insurance required shall be issued by an insurance company authorized to do business within
the state of Washington. Except for Professional Liability or Errors and Omissions Insurance, the
insurance shall name the state of Washington, its agents, officers, and employees as additional
insureds under the insurance policy. All policies shall be primary to any other valid and collectable
insurance. The Grantee shall instruct the insurers to give COMMERCE thirty (30) calendar days
advance notice of any insurance cancellation, non -renewal or modification.
The Grantee shall submit to COMMERCE within fifteen (15) calendar days of the Grant start date, a
certificate of insurance which outlines the coverage and limits defined in this insurance section.
During the term of the Grant, the Grantee shall submit renewal certificates not less than thirty (30)
calendar days prior to expiration of each policy required under this section.
The Grantee shall provide insurance coverage that shall be maintained in full force and effect during
the term of this Grant, as follows:
Commercial General Liability Insurance Policy. Provide a Commercial General Liability
Insurance Policy, including contractual liability, written on an occurrence basis, in adequate
quantity to protect against legal liability arising out of Grant activity but no less than $1,000,000
per occurrence. Additionally, the Grantee is responsible for ensuring that any
Subgrantee/subcontractor provide adequate insurance coverage for the activities arising out of
su bg rants/subcontracts.
Automobile Liability. In the event that performance pursuant to this Grant involves the use of
vehicles, owned or operated by the Grantee or its Subgrantee/subcontractor, automobile liability
insurance shall be required. The minimum limit for automobile liability is $1,000,000 per
occurrence, using a Combined Single Limit for bodily injury and property damage.
Professional Liability, Errors and Omissions Insurance. The Grantee shall maintain
Professional Liability or Errors and Omissions Insurance. The Grantee shall maintain minimum
limits of no less than $1,000,000 per occurrence to cover all activities by the Grantee and
licensed staff employed or under contract to the Grantee. The state of Washington, its agents,
officers, and employees need not be named as additional insureds under this policy.
Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf
of the Grantee for the purpose of receiving or depositing funds into program accounts or issuing
financial documents, checks, or other instruments of payment for program costs shall be insured
to provide protection against loss:
A. The amount of fidelity coverage secured pursuant to this Grant shall be $100,000 or the
highest of planned reimbursement for the Grant period, whichever is lowest. Fidelity
insurance secured pursuant to this paragraph shall name COMMERCE as beneficiary.
B. Subgrantees/subcontractors that receive $10,000 or more per year in funding through this
Grant shall secure fidelity insurance as noted above. Fidelity insurance secured by
Subgrantee/subcontractors pursuant to this paragraph shall name the Grantee as beneficiary.
C. The Grantee shall provide, at COMMERCE's request, copies of insurance instruments or
certifications from the insurance issuing agency. The copies or certifications shall show the
insurance coverage, the designated beneficiary, who is covered, the amounts, the period of
coverage, and that COMMERCE will be provided thirty (30) days advance written notice of
cancellation.
6. ORDER OF PRECEDENCE
In the event of an inconsistency in this Grant, the inconsistency shall be resolved by giving
precedence in the following order:
• Applicable federal and state of Washington statutes and regulations
3
101
SPECIAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
• Special Terms and Conditions
• General Terms and Conditions
• Attachment A — Scope of Work
• Attachment B — Budget
• Guidelines for Emergency Solutions Grant (ESG), as revised
• ESG Application, as revised
• HEARTH ESG Interim Rule
4
102
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
1. DEFINITIONS
As used throughout this Grant, the following terms shall have the meaning set forth below:
A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to
act on the Director's behalf.
B. "Grantee" shall mean the entity identified on the face sheet performing service(s) under this
Grant, and shall include all employees and agents of the Grantee.
C. "COMMERCE" shall mean the Department of Commerce.
D. "Personal Information" shall mean information identifiable to any person, including, but not limited
to, information that relates to a person's name, health, finances, education, business, use or
receipt of governmental services or other activities, addresses, telephone numbers, social
security numbers, driver license numbers, other identifying numbers, and any financial identifiers.
E. "State" shall mean the state of Washington.
F. "Subgrantee/subcontractor" shall mean one not in the employment of the Grantee, who is
performing all or part of those services under this Grant under a separate Grant with the Grantee.
The terms "subgrantee/subcontractor" refers to any tier.
G. "Subrecipient" shall mean a non-federal entity that expends federal awards received from a pass -
through entity to carry out a federal program, but does not include an individual that is a
beneficiary of such a program. It also excludes vendors that receive federal funds in exchange for
goods and/or services in the course of normal trade or commerce.
H. "Vendor" is an entity that agrees to provide the amount and kind of services requested by
COMMERCE; provides services under the grant only to those beneficiaries individually
determined to be eligible by COMMERCE and, provides services on a fee -for -service or per -unit
basis with contractual penalties if the entity fails to meet program performance standards.
2. ACCESS TO DATA
In compliance with RCW 39.29.080, the Grantee shall provide access to data generated under this
Grant to COMMERCE, the Joint Legislative Audit and Review Committee, and the Office of the State
Auditor at no additional cost. This includes access to all information that supports the findings,
conclusions, and recommendations of the Grantee's reports, including computer models and the
methodology for those models.
3. ADVANCE PAYMENTS PROHIBITED
No payments in advance of or in anticipation of goods or services to be provided under this Grant
shall be made by COMMERCE.
4. ALL WRITINGS CONTAINED HEREIN
This Grant contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Grant shall be deemed to exist
or to bind any of the parties hereto.
5. AMENDMENTS
This Grant may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authorized to bind each of the parties.
6. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to
as the "ADA" 28 CFR Part 35
The Grantee must comply with the ADA, which provides comprehensive civil rights protection to
individuals with disabilities in the areas of employment, public accommodations, state and local
government services, and telecommunications.
103
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
7. ASSIGNMENT
Neither this Grant, nor any claim arising under this Grant, shall be transferred or assigned by the
Grantee without prior written consent of COMMERCE.
8. ATTORNEYS' FEES
Unless expressly permitted under another provision of the Grant, in the event of litigation or other
action brought to enforce Grant terms, each party agrees to bear its own attorneys' fees and costs.
9. AUDIT
A. General Requirements
Grantees are to procure audit services based on the following guidelines.
The Grantee shall maintain its records and accounts so as to facilitate the audit requirement and
shall ensure that Subgrantee/subcontractors also maintain auditable records.
The Grantee is responsible for any audit exceptions incurred by its own organization or that of its
Subg rantee/subcontractors.
COMMERCE reserves the right to recover from the Grantee all disallowed costs resulting from
the audit.
As applicable, Grantees required to have an audit must ensure the audits are performed in
accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing
Standards (the Revised Yellow Book) developed by the Comptroller General.
Responses to any unresolved management findings and disallowed or questioned costs shall be
included with the audit report. The Grantee must respond to COMMERCE requests for
information or corrective action concerning audit issues within thirty (30) days of the date of
request.
B. Federal Funds Requirements - OMB Circular A-133 Audits of States, Local Governments
and Non -Profit Organizations
Non-profit and governmental Grantees expending $500,000 or more in a fiscal year in federal
funds from all sources, direct and indirect, are required to have an audit conducted in accordance
with Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local
Governments, and Non -Profit Organizations." Revised OMB A-133 requires the Grantee to
provide the auditor with a schedule of Federal Expenditure for the fiscal year(s) being audited.
When state funds are also to be paid under this Agreement a Schedule of State Financial
Assistance must also be included. Both schedules include:
Grantor agency name
Federal agency
Federal program name
Other identifying contract numbers
Catalog of Federal Domestic Assistance (CFDA) number (if applicable)
Grantor contract number
Total award amount including amendments (total grant award)
Current year expenditures
If the Grantee is a state or local government entity, the Office of the State Auditor shall conduct
the audit. Audits of non-profit organizations are to be conducted by a certified public accountant
selected by the Grantee in accordance with OMB Circular A-110 "Uniform Administrative
Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and
Other Non -Profit Organizations."
The Grantee shall include the above audit requirements in any SUBGRANTS/subcontracts.
In any case, the Grantee's financial records must be available for review by COMMERCE.
6
104
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
C. Documentation Requirements
The Grantee must send a copy of any required audit Reporting Package as described in OMB
Circular A-133, Part C, Section 320(c) no later than nine (9) months after the end of the Grantee's
fiscal year(s) by sending a scanned copy to auditreview0commerce.wa.gov or a hard copy to:
Department of Commerce
ATTN: Audit Review and Resolution Office
1011 Plum Street SE
PO Box 42525
Olympia WA 98504-2525
In addition to sending a copy of the audit, when applicable, the Grantee must include:
• Corrective action plan for audit findings within three (3) months of the audit being
received by COMMERCE.
• Copy of the Management Letter.
10. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND
VOLUNTARY EXCLUSION —PRIMARY AND LOWER TIER COVERED TRANSACTIONS
A. Grantee, defined as the primary participant and it principals, certifies by signing these General
Terms and Conditions that to the best of its knowledge and belief that they:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from covered transactions by any Federal department or agency.
2. Have not within a three-year period preceding this Contract, been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public or private
agreement or transaction, violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, receiving stolen property, making false claims, or obstruction of
justice;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (1)(b) of federal Executive Order 12549; and
4. Have not within a three-year period preceding the signing of this Contract had one or
more public transactions (Federal, State, or local) terminated for cause of default.
B. Where the Grantee is unable to certify to any of the statements in this Contract, the Grantee shall
attach an explanation to this Contract.
C. The Grantee agrees by signing this Contract that it shall not knowingly enter into any lower tier
covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily
excluded from participation in this covered transaction, unless authorized by COMMERCE.
D. The Grantee further agrees by signing this Contract that it will include the clause titled
"Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier
Covered Transaction," as follows, without modification, in all lower tier covered transactions and
in all solicitations for lower tier covered transactions:
LOWER TIER COVERED TRANSACTIONS
a) The lower tier Grantee certifies, by signing this Contract that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participation in this transaction by any Federal department or agency.
b) Where the lower tier Grantee is unable to certify to any of the statements in this Contract,
such contractor shall attach an explanation to this Contract.
7
105
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
E. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction, person, primary covered transaction, principal, and voluntarily excluded, as
used in this section, have the meanings set out in the Definitions and Coverage sections of the
rules implementing Executive Order 12549. You may contact COMMERCE for assistance in
obtaining a copy of these regulations.
11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION
A. "Confidential Information" as used in this section includes:
1. All material provided to the Grantee by COMMERCE that is designated as "confidential" by
COMMERCE;
2. All material produced by the Grantee that is designated as "confidential" by COMMERCE;
and
3. All personal information in the possession of the Grantee that may not be disclosed under
state or federal law. "Personal information" includes but is not limited to information related to
a person's name, health, finances, education, business, use of government services,
addresses, telephone numbers, social security number, driver's license number and other
identifying numbers, and "Protected Health Information" under the federal Health Insurance
Portability and Accountability Act of 1996 (HIPAA).
B. The Grantee shall comply with all state and federal laws related to the use, sharing, transfer, sale,
or disclosure of Confidential Information. The Grantee shall use Confidential Information solely for
the purposes of this Grant and shall not use, share, transfer, sell or disclose any Confidential
Information to any third party except with the prior written consent of COMMERCE or as may be
required by law. The Grantee shall take all necessary steps to assure that Confidential
Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of
Confidential Information or violation of any state or federal laws related thereto. Upon request,
the Grantee shall provide COMMERCE with its policies and procedures on confidentiality.
COMMERCE may require changes to such policies and procedures as they apply to this Grant
whenever COMMERCE reasonably determines that changes are necessary to prevent
unauthorized disclosures. The Grantee shall make the changes within the time period specified
by COMMERCE. Upon request, the Grantee shall immediately return to COMMERCE any
Confidential Information that COMMERCE reasonably determines has not been adequately
protected by the Grantee against unauthorized disclosure.
C. Unauthorized Use or Disclosure. The Grantee shall notify COMMERCE within five (5) working
days of any unauthorized use or disclosure of any confidential information, and shall take
necessary steps to mitigate the harmful effects of such use or disclosure.
12. CONFLICT OF INTEREST
Notwithstanding any determination by the Executive Ethics Board or other tribunal, COMMERCE
may, in its sole discretion, by written notice to the GRANTEE terminate this Grant if it is found after
due notice and examination by the COMMERCE that there is a violation of the Ethics in Public
Service Act, Chapter 42.52 RCW; or any similar statute involving the GRANTEE in the procurement
of, or performance under this Grant.
In the event this Grant is terminated as provided above, the COMMERCE shall be entitled to pursue
the same remedies against the GRANTEE as it could pursue in the event of a breach of the Grant by
the GRANTEE. The rights and remedies of COMMERCE provided for in this clause shall not be
exclusive and are in addition to any other rights and remedies provided by law. The existence of
facts upon which COMMERCE makes any determination under this clause shall be an issue and may
be reviewed as provided in the "Disputes" clause of this Grant.
8
106
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
13. COPYRIGHT PROVISIONS
Unless otherwise provided, all Materials produced under this Grant shall be considered "works for
hire" as defined by the U.S. Copyright Act and shall be owned by COMMERCE. COMMERCE shall
be considered the author of such Materials. In the event the Materials are not considered "works for
hire" under the U.S. Copyright laws, the Grantee hereby irrevocably assigns all right, title, and interest
in all Materials, including all intellectual property rights, moral rights, and rights of publicity to
COMMERCE effective from the moment of creation of such Materials.
"Materials" means all items in any format and includes, but is not limited to, data, reports, documents,
pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes,
and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the
ability to transfer these rights.
For Materials that are delivered under the Grant, but that incorporate pre-existing materials not
produced under the Grant, the Grantee hereby grants to COMMERCE a nonexclusive, royalty -free,
irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce,
distribute, prepare derivative works, publicly perform, and publicly display. The Grantee warrants and
represents that the Grantee has all rights and permissions, including intellectual property rights, moral
rights and rights of publicity, necessary to grant such a license to COMMERCE.
The Grantee shall exert all reasonable effort to advise COMMERCE, at the time of delivery of
Materials furnished under this Grant, of all known or potential invasions of privacy contained therein
and of any portion of such document which was not produced in the performance of this Grant. The
Grantee shall provide COMMERCE with prompt written notice of each notice or claim of infringement
received by the Grantee with respect to any Materials delivered under this Grant. COMMERCE shall
have the right to modify or remove any restrictive markings placed upon the Materials by the Grantee.
14. DISPUTES
Except as otherwise provided in this Grant, when a dispute arises between the parties and it cannot
be resolved by direct negotiation, either party may request a dispute hearing with the Director of
COMMERCE, who may designate a neutral person to decide the dispute.
The request for a dispute hearing must:
• be in writing;
• state the disputed issues;
• state the relative positions of the parties;
• state the Grantee's name, address, and Contract number; and
• be mailed to the Director and the other party's (respondent's) Grant Representative within
three (3) working days after the parties agree that they cannot resolve the dispute.
The respondent shall send a written answer to the requestor's statement to both the Director or the
Director's designee and the requestor within five (5) working days.
The Director or designee shall review the written statements and reply in writing to both parties within
ten (10) working days. The Director or designee may extend this period if necessary by notifying the
parties.
The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding.
The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial
tribunal.
Nothing in this Grant shall be construed to limit the parties' choice of a mutually acceptable alternate
dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above.
9
107
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
15. DUPLICATE PAYMENT
The AGENCY shall not pay the GRANTEE, if the GRANTEE has charged or will charge the
State of Washington or any other party under any other Grant, subgrant/subcontract, or
agreement, for the same services or expenses.
16. GOVERNING LAW AND VENUE
This Grant shall be construed and interpreted in accordance with the laws of the state of Washington,
and the venue of any action brought hereunder shall be in the Superior Court for Thurston County.
17. INDEMNIFICATION
To the fullest extent permitted by law, the Grantee shall indemnify, defend, and hold harmless the
state of Washington, COMMERCE, agencies of the state and all officials, agents and employees of
the state, from and against all claims for injuries or death arising out of or resulting from the
performance of the contract. "Claim" as used in this contract, means any financial loss, claim, suit,
action, damage, or expense, including but not limited to attorneys' fees, attributable for bodily injury,
sickness, disease, or death, or injury to or the destruction of tangible property including loss of use
resulting therefrom.
The Grantee's obligation to indemnify, defend, and hold harmless includes any claim by Grantee's
agents, employees, representatives, or any subgrantee/subcontractor or its employees.
GRANTEE expressly agrees to indemnify, defend, and hold harmless the State for any claim arising
out of or incident to GRANTEE'S or any subgrantee's/subcontractor's performance or failure to
perform the Grant. GRANTEE'S obligation to indemnify, defend, and hold harmless the State shall
not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents,
agencies, employees and officials.
The Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend
and hold harmless the state and its agencies, officers, agents or employees.
18. INDEPENDENT CAPACITY OF THE CONTRACTOR
The parties intend that an independent contractor relationship will be created by this Grant. The
Contractor and its employees or agents performing under this Contract are not employees or agents
of the state of Washington or COMMERCE. The Contractor will not hold itself out as or claim to be
an officer or employee of COMMERCE or of the state of Washington by reason hereof, nor will the
Contractor make any claim of right, privilege or benefit which would accrue to such officer or
employee under law. Conduct and control of the work will be solely with the Contractor.
19. INDUSTRIAL INSURANCE COVERAGE
The Grantee shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the
Grantee fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf
of its employees as may be required by law, COMMERCE may collect from the Grantee the full
amount payable to the Industrial Insurance Accident Fund. COMMERCE may deduct the amount
owed by the Grantee to the accident fund from the amount payable to the Grantee by COMMERCE
under this Contract, and transmit the deducted amount to the Department of Labor and Industries,
(L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from
the Grantee.
20. LAWS
The Grantee shall comply with all applicable laws, ordinances, codes, regulations, and policies of
local, state, and federal governments, as now or hereafter amended, including, but not limited to:
United States Laws, Regulations and Circulars (Federal)
A. Audits
10
108
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local
Governments, and Non -Profit Organizations."
B. Labor and Safety Standards
Convict Labor, 18 U.S.C. 751, 752, 4081, 4082.
Drug -Free Workplace Act of 1988, 41 USC 701 et seq.
Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq.
Work Hours and Safety Act of 1962, 40 U.S.C. 327-330 and Department of Labor Regulations, 29
CFR Part 5.
C. Laws against Discrimination
Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101-07, 45 CFR Part 90
Nondiscrimination in Federally Assisted Programs.
Americans with Disabilities Act of 1990, Public Law 101-336.
Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375
and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60.
Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102.
Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29
U.S.C.793.
Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504,
29 U.S.C. 794.
Minority Business Enterprises, Executive Order 11625, 15 U.S.C. 631.
Minority Business Enterprise Development, Executive Order 12432, 48 FIR 32551.
Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a).
Nondiscrimination in benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42
U.S.C. 2002d et seq, 24 CFR Part 1.
Nondiscrimination in employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352.
Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42
U.S.C. 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60.
Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR
570.607(b)).
D. Office of Management and Budget Circulars
Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part
225.
Cost Principles for Nonprofit Organizations, OMB Circular A-122 (if the Contractor is a nonprofit
organization).
Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102 (if
the Contractor is a local government or federally recognized Indian tribal government).
Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher
Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110.
E. Other
Anti -Kickback Act, 18 U.S.C. 874; 40 U.S.C. 276b, 276c; 41 U.S.C. 51-54.
Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal
Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989.
11
109
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
Hatch Political Activity Act, 5 U.S.C. 1501-8.
Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352. (Byrd Anti -Lobbying
Amendment). 31 U.S.C. 1352 provides that Contractors who apply or bid for an award of
$100,000 or more must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing
or attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining
any Federal contract, grant or other award covered by 31 U.S.C. 1352. Each tier must disclose
any lobbying with non -Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient.
Non -Supplanting Federal Funds.
Section 8 Housing Assistance Payments Program.
F. Privacy
Privacy Act of 1974, 5 U.S.C. 552a.
Washington State Laws and Regulations
A. Affirmative action, RCW 41.06.020 (1).
B. Boards of directors or officers of non-profit corporations — Liability - Limitations, RCW 4.24.264.
C. Disclosure -campaign finances -lobbying, Chapter 42.17 RCW.
D. Discrimination -human rights commission, Chapter 49.60 RCW.
E. Ethics in public service, Chapter 42.52 RCW.
F. Office of minority and women's business enterprises, Chapter 39.19 RCW and Chapter 326-02
WAC.
G. Open public meetings act, Chapter 42.30 RCW.
H. Public records act, Chapter 42.56 RCW.
I. State budgeting, accounting, and reporting system, Chapter 43.88 RCW.
21. LICENSING, ACCREDITATION AND REGISTRATION
The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and
registration requirements or standards necessary for the performance of this Contract.
22. LIMITATION OF AUTHORITY
Only the Agent or Agent's delegate by writing (delegation to be made prior to action) shall have the
express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of
this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or
condition of this contract is not effective or binding unless made in writing and signed by the Agent
23. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS
During the performance of this Grant, the Contractor shall comply with all federal, state, and local
nondiscrimination laws, regulations and policies. In the event of the Contractor's non-compliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Grant may be rescinded,
canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further
Grants with COMMERCE. The Contractor shall, however, be given a reasonable time in which to
cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure
set forth herein.
12
110
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
24. POLITICAL ACTIVITIES
Political activity of Contractor employees and officers are limited by the State Campaign Finances
and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508.
No funds may be used for working for or against ballot measures or for or against the candidacy of
any person for public office.
25. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS
A Contractor which is a local government or Indian Tribal government must establish procurement
policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative
Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this
Contract.
A Contractor which is a nonprofit organization shall establish procurement policies in accordance with
OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit
Agencies, for all purchases funded by this Contract.
The Contractor's procurement system should include at least the following:
1. A code or standard of conduct that shall govern the performance of its officers, employees, or
agents engaged in the awarding of contracts using federal funds.
2. Procedures that ensure all procurement transactions shall be conducted in a manner to
provide, to the maximum extent practical, open and free competition.
3. Minimum procedural requirements, as follows:
a. Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative
items.
b. Solicitations shall be based upon a clear and accurate description of the technical
requirements of the procured items.
c. Positive efforts shall be made to use small and minority -owned businesses.
d. The type of procuring instrument (fixed price, cost reimbursement) shall be determined by
the Contractor, but must be appropriate for the particular procurement and for promoting
the best interest of the program involved.
e. Contracts shall be made only with reasonable subgrantees/subcontractors who possess
the potential ability to perform successfully under the terms and conditions of the
proposed procurement.
f. Some form of price or cost analysis should be performed in connection with every
procurement action.
g. Procurement records and files for purchases shall include all of the following:
1) Contractor selection or rejection.
2) The basis for the cost or price.
3) Justification for lack of competitive bids if offers are not obtained.
h. A system for contract administration to ensure Contractor conformance with terms,
conditions and specifications of this Contract, and to ensure adequate and timely follow-
up of all purchases.
4. Contractor and Subgrantee/subcontractor must receive prior approval from COMMERCE for
using funds from this Contract to enter into a sole source contract or a contract where only
one bid or proposal is received when value of this Contract is expected to exceed $5,000.
Prior approval requests shall include a copy of proposed contracts and any related
procurement documents and justification for non-competitive procurement, if applicable.
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
26. PUBLICITY
The Grantee agrees not to publish or use any advertising or publicity materials in which the state of
Washington or COMMERCE's name is mentioned, or language used from which the connection with
the state of Washington's or COMMERCE's name may reasonably be inferred or implied, without the
prior written consent of COMMERCE.
27. RECAPTURE
In the event that the Grantee fails to perform this Grant in accordance with state laws, federal laws,
and/or the provisions of this Grant, COMMERCE reserves the right to recapture funds in an amount
to compensate COMMERCE for the noncompliance in addition to any other remedies available at law
or in equity.
Repayment by the Grantee of funds under this recapture provision shall occur within the time period
specified by COMMERCE. In the alternative, COMMERCE may recapture such funds from payments
due under this Grant.
28. RECORDS MAINTENANCE
The GRANTEE shall maintain books, records, documents, data and other evidence relating
to this Grant and performance of the services described herein, including but not limited to
accounting procedures and practices that sufficiently and properly reflect all direct and
indirect costs of any nature expended in the performance of this Grant.
GRANTEE shall retain such records for a period of six years following the date of final
payment. At no additional cost, these records, including materials generated under the
Grant, shall be subject at all reasonable times to inspection, review or audit by the
AGENCY, personnel duly authorized by the AGENCY, the Office of the State Auditor, and
federal and state officials so authorized by law, regulation or agreement.
If any litigation, claim or audit is started before the expiration of the six (6) year period, the
records shall be retained until all litigation, claims, or audit findings involving the records
have been resolved.
29. REGISTRATION WITH DEPARTMENT OF REVENUE
If required by law, the Grantee shall complete registration with the Washington State Department of
Revenue.
30. RIGHT OF INSPECTION
The GRANTEE shall provide right of access to its facilities to the AGENCY, or any of its officers, or to
any other authorized agent or official of the state of Washington or the federal government, at all
reasonable times, in order to monitor and evaluate performance, compliance, and/or quality
assurance under this Grant.
31. SAVINGS
In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way
after the effective date of this Grant and prior to normal completion, COMMERCE may terminate the
Grant under the "Termination for Convenience" clause, without the ten calendar day notice
requirement. In lieu of termination, the Grant may be amended to reflect the new funding limitations
and conditions.
14
112
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
32. SEVERABILITY
The provisions of this Grant are intended to be severable. If any term or provision is illegal
or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of
the remainder of the Grant.
33. SITE SECURITY
While on AGENCY premises, GRANTEE, its agents, employees, or subcontractors shall conform in
all respects with physical, fire or other security policies or regulations.
34. SUBGRANTING/SUBCONTRACTING
Neither the Grantee nor any Subgrantee/subcontractor shall enter into
subgrants/subcontracts for any of the work contemplated under this contract without
obtaining prior written approval of COMMERCE. In no event shall the existence of the
subgrant/subcontract operate to release or reduce the liability of the Grantee to commerce
for any breach in the performance of the grantee's duties. This clause does not include
Grants of employment between the Grantee and personnel assigned to work under this
Grant.
Additionally, the Grantee is responsible for ensuring that all terms, conditions, assurances
and certifications set forth in this agreement are carried forward to any
subgrants/subcontracts. Grantee and its subgrantees/subcontractors agree not to release,
divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal
information without the express written consent of the agency or as provided by law.
35. SURVIVAL
The terms, conditions, and warranties contained in this Grant that by their sense and context are
intended to survive the completion of the performance, cancellation or termination of this Grant shall
so survive.
36. TAXES
All payments accrued on account of payroll taxes, unemployment contributions, the Grantee's income
or gross receipts, any other taxes, insurance or expenses for the Grantee or its staff shall be the sole
responsibility of the Grantee.
37. TERMINATION FOR CAUSE
In the event COMMERCE determines the Grantee has failed to comply with the conditions
of this Grant in a timely manner, COMMERCE has the right to suspend or terminate this
Grant. Before suspending or terminating the Grant, COMMERCE shall notify the Grantee in
writing of the need to take corrective action. If corrective action is not taken within 30
calendar days, the Grant may be terminated or suspended.
In the event of termination or suspension, the Grantee shall be liable for damages as
authorized by law including, but not limited to, any cost difference between the original Grant
and the replacement or cover Grant and all administrative costs directly related to the
replacement Grant, e.g., cost of the competitive bidding, mailing, advertising and staff time.
COMMERCE reserves the right to suspend all or part of the Grant, withhold further
payments, or prohibit the Grantee from incurring additional obligations of funds during
15
113
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERALFUNDS
investigation of the alleged compliance breach and pending corrective action by the
GRANTEE or a decision by COMMERCE to terminate the Grant. A termination shall be
deemed a "Termination for Convenience" if it is determined that the Grantee: (1) was not in
default; or (2) failure to perform was outside of his or her control, fault or negligence.
The rights and remedies of COMMERCE provided in this Grant are not exclusive and are, in
addition to any other rights and remedies, provided by law.
38. TERMINATION FOR CONVENIENCE
Except as otherwise provided in this Grant, COMMERCE may, by ten (10) business days written
notice, beginning on the second day after the mailing, terminate this Grant, in whole or in part. If this
Grant is so terminated, COMMERCE shall be liable only for payment required under the terms of this
Grant for services rendered or goods delivered prior to the effective date of termination.
39. TERMINATION PROCEDURES
Upon termination of this Grant, the AGENCY, in addition to any other rights provided in this
Grant, may require the GRANTEE to deliver to the AGEIVCY any property specifically
produced or acquired for the performance of such part of this Grant as has been terminated.
The provisions of the "Treatment of Assets" clause shall apply in such property transfer.
The AGENCY shall pay to the GRANTEE the agreed upon price, if separately stated, for
completed work and services accepted by the AGENCY, and the amount agreed upon by
the GRANTEE and the AGENCY for (i) completed work and services for which no separate
price is stated, (ii) partially completed work and services, (iii) other property or services that
are accepted by the AGENCY, and (iv) the protection and preservation of property, unless
the termination is for default, in which case the AGENT shall determine the extent of the
liability of the AGENCY. Failure to agree with such determination shall be a dispute within
the meaning of the "Disputes" clause of this Grant. The AGENCY may withhold from any
amounts due the GRANTEE such sum as the AGENT determines to be necessary to protect
the AGENCY against potential loss or liability.
The rights and remedies of the AGENCY provided in this section shall not be exclusive and
are in addition to any other rights and remedies provided by law or under this contract.
After receipt of a notice of termination, and except as otherwise directed by the AGENT, the
GRANTEE shall:
1. Stop work under the Grant on the date, and to the extent specified, in the notice;
2. Place no further orders or subgrants/subcontracts for materials, services, or facilities
except as may be necessary for completion of such portion of the work under the Grant
that is not terminated;
3. Assign to the AGENCY, in the manner, at the times, and to the extent directed by the
AGENT, all of the rights, title, and interest of the GRANTEE under the orders and
subgrants/subcontracts so terminated, in which case the AGENCY has the right, at its
discretion, to settle or pay any or all claims arising out of the termination of such orders
and subgrants/subcontracts;
4. Settle all outstanding liabilities and all claims arising out of such termination of orders
and subcontracts, with the approval or ratification of the AGENT to the extent AGENT
may require, which approval or ratification shall be final for all the purposes of this
clause;
16
114
GENERAL TERMS AND CONDITIONS
GENERAL GRANT
FEDERAL FUNDS
5. Transfer title to the AGENCY and deliver in the manner, at the times, and to the extent
directed by the AGENT any property which, if the Grant had been completed, would
have been required to be furnished to the AGENCY;
6. Complete performance of such part of the work as shall not have been terminated by the
AGENT; and
7. Take such action as may be necessary, or as the AGENT may direct, for the protection
and preservation of the property related to this Grant, which is in the possession of the
GRANTEE and in which the AGENCY has or may acquire an interest.
40. TREATMENT OF ASSETS
Title to all property furnished by the AGENCY shall remain in the AGENCY. Title to all property
furnished by the GRANTEE, for the cost of which the GRANTEE is entitled to be reimbursed as a
direct item of cost under this Grant, shall pass to and vest in the AGENCY upon delivery of such
property by the GRANTEE. Title to other property, the cost of which is reimbursable to the
GRANTEE under this Grant, shall pass to and vest in the AGENCY upon (i) issuance for use of such
property in the performance of this Grant, or (ii) commencement of use of such property in the
performance of this Grant, or (iii) reimbursement of the cost thereof by the AGENCY in whole or in
part, whichever first occurs.
A. Any property of the AGENCY furnished to the GRANTEE shall, unless otherwise provided herein
or approved by the AGENCY, be used only for the performance of this Grant.
B. The GRANTEE shall be responsible for any loss or damage to property of the AGENCY that
results from the negligence of the GRANTEE or which results from the failure on the part of the
GRANTEE to maintain and administer that property in accordance with sound management
practices.
C. If any AGENCY property is lost, destroyed or damaged, the GRANTEE shall immediately notify
the AGENCY and shall take all reasonable steps to protect the property from further damage.
D. The GRANTEE shall surrender to the AGENCY all property of the AGENCY prior to settlement
upon completion, termination or cancellation of this Grant
All reference to the GRANTEE under this clause shall also include GRANTEE'S employees,
agents or SUBGRANTEES/SUBCONTRACTORS.
41. WAIVER
Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or
breach. Any waiver shall not be construed to be a modification of the terms of this Grant unless
stated to be such in writing and signed by Authorized Representative of COMMERCE.
17
115
Attachment A
Scope of Work
The Grantee will use the funds awarded under this contract for administering grant activities per the
Guidelines for Emergency Solutions Grant (ESG) per the Budget as outlined in Attachment B.
18
116
Attachment B
Budget
1/1/2014—12/31/2014
Prevention/Rapid Re -Housing
Admin
TOTAL
$148,192*
$12,015
*Grantee is allowed to spend up to $59,276 on Prevention activities as defined in the Guidelines for
Emergency Solutions Grant (ESG).
19
117
............ . ...... ...... ....... .. .......... ......
... .......... .. ........ ...................... .. . ............. .......... ................ ............. ..........
................. ........ .........
.. .... ............... .............. .... ......... . .... . . ................. ...... ....
t .... ........... . ..... 0A• In "U
...........
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW
.........
i:. ge.A. if .........
Whatcom County, Washington
Washington Counties Risk Pool
Attn- Terri Zeinel, Legal Assistant
2558 R.ik. Johnson Road SW, Suite 106
311 Grand Avenue
Tumwater, Washington 98512-6103
Bellingham, AIA 98225
THIS IS TO CERTIFY THAT THE LIABILITY POLICY LISTED BELOW HAS BEEN ISSUED TO THE PARTICIPATING MEMBER
FLAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR
CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN, THE COVERAGES AFFORDED BY THE POLICY DESCRIBED HEREIN IS SUBJECT TO ALL
THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICY,
POLICY NUMBER: 20132014-RISYPOOL-WCCO
POLICY EFFECTIVE DATE: October 1, 2013
POLICY EXPIRATION DATE: October 1, 2014
LIMITS OF LIABILITY EACH OCCURRENCE
BI AND I'D COMBINED: $10,000,000.00
TYPES OF INSURANCE AFFORDED:
General Liability
Including: Bodily tnJury
Personal Injury
Property Damage
Errors and Orarnissions,'Professional
Advertising Injury
Contractual
Automobile Liability
Including: Owned, nonowned and hired autos
g
...................... ... .. ..... ..... ......
............ ...
........ ................
SHOULD THE ABOVE DESCRIBED POLICY BE CANCELED
BEFORE THE EXPIRATION DATE THEREOF, rHE ISSUER WILL
Community Services and Housing Division
ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TOTTIE
Housing Assistance Unit Ernergency Solutions Grant
CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY FIND
UPON THE ISSUER, OR ITS AGENTS OR REPRESENTATIVES,
During the policy period 10/0 1/13-10/0 U14
.::::CERT- INCAT
................
... ... ......
... . ..... ............. .... ........ .......
..... . .... .. ... ....... ........ I ...... ....
.. ......... . . .... .............
... ...F31 . ..... I ........... ................... . ..... .....
......... .. ....... ... .......
....... ....... ....
Authoriz,ui Representative
Dept, of Commerce
P.O. Box 42525
1101 Plum Street SE
Cal
Olympia, WA 98504-2425
Z�
Claims Assistant
118
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-340
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
SM
8120113
Oct. 22, 2013
Finance
Originator:
r : ` !r is _= i
Council
Division Head:
Dept. Head:
OCT 15 ;t�, ,
Prosecutor:
-i�
yy gq ypy
C d" J �a- A4„ tl
Purchasing/Budg
?b��
&i3
G-'0UN C 1
et:
A k
Executive:
/)��i
c= 1 c °1 /t 3
TITLE OF DOCUME Lease agreement between the County and Sun Community Services for
the property at 515 E. Chestnut Street in Bellingham, WA. 98225
ATTACHMENTS. Lease Agreement
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 speeifc and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
The County as Lessor is not requesting remuneration from Sun Community Services. Sun Community
Services provides the home as housing for adults recovering from mental illness. The County Executive
requests that County Council authorize the county to enter into said lease.
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.
119
WHATCOM COUNTY GOM ca Pete Kremen
County Executive's Office °yam County Executive
311 Grand Ave., Suite 108
Bellingham, WA 98225-4082
9SH1NG
MEMORANDUM
TO: Whatcom County Council Membrs�E
FROM: Jack Louws, County ExecutivL�.
RE: Lease with Sun Community Services
DATE: October 11, 2013
Enclosed are two (2) originals of a lease agreement between Sun Community Service and
Whatcom County for your review and approval.
■ Background and Purpose
In 1982 the County agreed to sponsor Sun Community Service for special state funding with
which the County acquired transitional housing for adults recovering From mental illness.
The County has been leasing this building to Sun Community Services since that time. The
building is still being used for the same purposes, and a new lease needs to be executed.
Also, the City of Bellingham is providing the County, under a separate agreement, a housing
levy grant for emergency repairs to the porch and ADA ramp. One of the conditions of the
grant is that the property must continue being available for use as low-income housing for
the next Five years.
■ Funding Amount and Source
There are no funds committed or received under this lease.
■ Differences from Previous Contract
This lease has been revised to include language that will provide for greater responsibility
on 'the Lessee for providing adequate maintenance of the premises. Further, a provision
has been added that provides the county with -the option of imposing monthly rent after 5
years if it is determined that adequate maintenance has not been fulfilled by the Lessee.
Please contact me if you have any questions or concerns regarding the terms of this
agreement.
Encl.
120
WHATCOM COUNTY CONTRACT
INFORMATION SHEET
Whatcom County Contract No.
-2)C-2131001
Originating Department:
Executive
Contact Person:
Suzanne Mildner
Contractor's Name:
Sun Community Service
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 #
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? Contract
Yes No _X_ If yes, RFP and Bid number(s) Cost Center:
Is this contract excluded from E-Verify? No Yes _�_ If no, include Attachment D Contractor Declaration Form
If yes, indicate qualified exclusion(s) below:
v' Contract less than $100,000. _ Professional services agreement for certified/licensed professional
Work is for less than 120 days _ Contract for Commercial off the shelf items (COTS)
Interlocal Agreement (between Govt.) , Public Works Dept. - Local Agency/Federally Funded FHWA
Contract Amount:(sum of orig contract amt and any prior
If a Professional Services Agreement is more than $15,000 or a Bi
amendments)
more than $35,000, please submit an Agenda Bill for Council appr
$--()-
and a supporting memo. Any amendment that provides either a 10
This Amendment Amount:
increase in amount or more than $10,000, whichever is greater, mu
$
also go to Council and will need an agenda bill and supporting me
Total Amended Amount:
less than these thresholds, just submit to Executive with supporting
$
memo for approval.
Scope of Services: 5 year lease agreement for the property located at 515 East Chestnut Street, Bellingham, WA. 98225
Term of Contract: 5 years, commencing 7-01-14
1 Expiration Date: 6/30/19
Renewal Option Yes X No
Last Renewal Expires:
or
1. Prepared by: S.
2. At �r,�4 Aviewed:
3. Gs made:
4. Attorney signoff.• _
5. Contractor signed:
6. Submitted to Exec Office ,!
7. Reviewed by DCA
8. Council approved (if necessary)
9. Executive signed:
10. Contractor Original
Returned to dept;
11. County Original
to Council
D te_8120113 [electronic]
Date >®(�- [electronic]
Date 1005 [electronic] hard copy grin
Date
Date
Date to -J11-13 [summary via electronic; har
Date
Date
Date
Date
Date
ted
dcopies]
this form may need to expand to more than one page
121
Whatcom County Contract No.
LEASE AGREEMENT
Sun Community Service Lease for 515 E. Chestnut Street, Bellingham, WA 98225
THIS LEASE is made and entered into by and between WHATCOM COUNTY, a municipal corporation, hereinafter referred to as "County" or
"Lessor", and SUN COMMUNITY SERVICE, a Washington corporation, hereinafter called "Lessee". The Lessee and Lessor agree and contract
as set forth in this Agreement, including:
General Conditions, pp. 3 to 8.
Exhibit A (Certificate of Insurance).
Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein.
Regardless of the date(s) of signature herein, the term of this Agreement shall commence on the 1st day of July, 2014, and shall, unless
terminated or renewed as elsewhere provided in the Agreement, terminate on the 30th day of June, 2019.
The general purpose or objective of this Agreement is to: Lease property at 515 E. Chestnut Street, Bellingham, WA, owned by the County of
Whatcom, to Sun Community Service, as more fully and definitively described in Paragraph 0.2.
The maximum consideration for the initial term of this Agreement or shall not exceed $00.00.
Lessee acknowledges and by signing this lease agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 32.1, and 34.3, if
included, are totally and fully part of this lease and have been mutually negotiated by the parties.
IN WITNESS WHEREOF, the parties have executed this Agreement this
LESSEE:
Sun Community Service
Denise Rosenstein
Executive Director
STATE OF WASHINGTON )
) ss.
COUNTY OF Whatcom )
day of October , 2013.
On this _ day of , 2013, before me personally appeared DENISE ROSENSTEIN to me known to be the Executive Director of SUN
COMMUNITY SERVICE and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof.
NOTARY PUBLIC in and for the State of Washington, residing at
. My commission expires
Lease Agreement
Sun Community Service
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v 1.0
WHATCOM COUNTY:
Recommended for Approval:
Approved as to form:
� � f
Prosecuting Attorney Date
Approved:
Accepted for Whatcom County:
By:
Jack Louws, Whatcom County Executive
STATE OF WASHINGTON )
) ss
COUNTY OF WHATCOM )
On this day of , 2013, before me personally appeared Jack Louws, 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
LESSEE INFORMATION:
Sun Community Service
Denise Rosenstein
Address:
515 E. Chestnut Street
Bellingham, WA 98225-5155
Mailing Address:
515 E. Chestnut Street
Bellingham, WA 98225-5155
Contact Name: Denise Rosenstein
Contact Phone: (360) 392-1324
Contact FAX:
Contact Email:
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GENERAL CONDITIONS
Series 00-09: Provisions Related to Scope and Nature of Lease
0.1 Nature of Lease & Background
In 1979 legislation designated as Referendum 37 was enacted by the State of Washington which provided funding for land acquisition,
construction or renovation of buildings, and purchase of equipment for the care, training and rehabilitation of persons with sensory,
physical or mental handicaps. Sun Community Service (Lessee) developed a project utilizing these funds, and On September 4, 1980
the Whatcom County Council, by Resolution No. 80-54, agreed to accept the rights and responsibilities of sponsorship in accordance
with Chapter 275 —150 WAC, and pursuant to the provisions of S. H. B. 740 and H. B. 1483. This document provides for the lease of
said facility. No documentation can be found for the original lease dating back to 1982; this is a renewal of the 6 year lease entered into
in January, 2001, and designated as Whatcom County Contract #200102010; and the subsequent renewal by way of a 5-year lease
entered into in August 2008, and designated as Whatcom County Contract #200808012,
0.2 Property Description:
Lessor, in consideration of the covenants and conditions herein set forth to be performed by Lessee, does hereby demise and let unto
Lessee, all of the follow -described property: The Southeasterly 70 feet of Lots 9 and 10, Block 93, "Map of the Town of New Whatcom",
according to the plat thereof, recorded in Volume 1 of Plats, Page 24, in the Auditor's Office of said county and state. Commonly
known as 515 E. Chestnut Street, Bellingham, WA. 09225. Lessor is fee simple title owner of this property.
0.3 Condition of Property:
Lessee has inspected the above -described property and accepts the premises in the condition prevailing on the date of the execution of
this lease.
0.4 Use of Premises
Lessee, in consideration of the granting of this lease by Lessor for the benefit of the citizens of Whatcom County, hereby understands
and agrees that the only type of use or activity to be conducted upon the leased premises by Lessee shall be that of a community home
for adults recovering from mental illness. Failure of Lessee to perform this type of business on the property, or cessation of such
services, or carrying on other uses or activities without first obtaining a lease modification with Lessor's written approval, shall constitute
cause for default under the terms of this lease.
As further consideration for the granting of this lease, Lessee hereby agrees to properly and fairly serve the public, provide reasonable
hours of operation, suitable services and tariff charges in keeping with recognized standards of the trade. Failure of Lessee to so serve
the public shall be considered a breach of this clause and thereby constitute a cause for default.
By this Lease, the parties acknowledge and understand that Lessor leases this property to Lessee as a non-profit organization and that
Lessee is not a residential tenant of said premises. It is acknowledged and understood by the parties that the Lessee will provide
temporary shelter and/or transitional housing to homeless individuals, however the County Lessor has no residential landlord -tenant
relationship with the Lessee or any occupying parties under this Lease Agreement. Lessee is required to comply with all Federal,
State, municipal and local laws, regulations, licensing and permit requirements which apply to operating a shelter/transitional housing
facility.
Series 10-19: Provisions Related to Term and Termination
10.1 Term:
Under the provisions of the Referendum 37 Funding Grant, the previous lease of the property was for a fixed term of years sufficient to
amortize the State's interest in the facility. This facility has been occupied since 1982. This lease shall commence on July 1, 2014 and
terminate June 30, 2019 unless sooner terminated according to this agreement.
10.2 Extension:
The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year at a time, and
for a total of no longer than five years. At the end of this Lease term, the County may modify the terms of this Lease, including the
current monthly rent of $0.00 to charge a monthly rent up to a fair market value, if the County determines, in its sole discretion, that the
Lessee has not maintained the property in good condition, has otherwise not complied with the terms of this Lease, or determines it is
in the best interests of the County.
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11.1 Termination for Default:
If the Lessee defaults by failing to perform any of the obligations of the Lease or becomes insolvent or is declared bankrupt or commits
any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the County may, by depositing written notice to
the Lessee in the U.S. mail, first class postage prepaid,or by personal service, give 30 days notice that the Lease is terminated. .
Notice of Termination of the Lease shall be effective upon Lessee's receipt of the written notice, or within three (3) days of the mailing
of the notice, whichever occurs first. If the Lease is terminated for default, the Lessee shall not be entitled to receive any
compensation from the County under the Lease . Any extra cost or damage to the County resulting from such default(s) shall be owed
to the County and paid by the Lessee.. The Lessee shall bear any extra expenses incurred by the County and all damage sustained,
or which may be sustained by the County by reason of such default.
11.3 Termination for Public Convenience:
The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such
termination is in the interests of the County. Termination of this Agreement by the County at any time during the term, whether for
default or convenience, shall not constitute breach of contract by the County.
11.4 Termination of Lease:
This lease shall terminate as follows:
A. At the expiration of the term of this lease.
B. Upon the failure of Lessee to correct violations of any condition of this lease after 30 days written notice from Lessor.
C. In all other respects this lease shall not be cancellable nor subject to forfeiture except as such may be provided for under the
Referendum 37 Grant Program and the laws and regulations pertaining thereto,
D. Lessee has breached the lease and the breach is substantial
Series 20-29: Provisions Related to Consideration and Payments
20.1 Accounting and nd Payment for Contractor Services: Not Applicable.
21.1 Taxes:
The Lessee agrees to pay all taxes and assessments levied against the premises during the term of this lease.
22.1 Withholding Payment: Not Applicable
23.1 Labor Standards: Not Applicable
Series 30-39: Provisions Related to Administration of Agreement
30.1 Independent Contractor: Not Applicable.
30.2 Assignment and Subcontracting_
The performance of all activities contemplated by this agreement shall be accomplished by the Lessee. No portion of this contract may
be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County.
30.3 No Guarantee of Employment: Not Applicable.
31.2 Patent/Copyright Infringement: Not Applicable
32.1 Confidentiality:
The Lessee, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the
County or acquired by the Lessee in performance of this Agreement, except upon the prior written consent of the County or an order
entered by a court after having acquired jurisdiction over the County. Lessee shall immediately give to the County notice of any judicial
proceeding seeking disclosure of such information. Lessee shall indemnify and hold harmless the County, its officials, agents or
employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting
from Lessee's breach of this provision.
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33.1 Right to Review:
This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and
monitor the financial and service components of this program by whatever means are deemed expedient by the County Administrative
Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site
inspection by County agents or employees, inspection of all records or other materials which the County deems pertinent to the
Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The
Lessee shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three
(3) years after Lease termination, and shall make them available for such review, within Whatcom County, State of Washington, upon
request. Lessee also agrees to notify the County Administrative Officer in advance of any inspections, audits, or program review by any
individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no
advance notice is given to theLessee , then the Lessee agrees to notify the County Administrative Officer as soon as it is practical.
33.2 Records and Reports:
Lessee shall maintain all records, books, documents, reports and other evidence of accounting procedures and practices which
sufficiently and properly reflect all direct and in -direct costs of any nature expended and performed under the Referendum 37 grant. All
books, records, documents, reports and other data shall be subject to inspection review or audit by the County, the Office of the State
Auditor, and other governmental officials authorized by law.
34.1 Proof of Insurance:
A Certificate of Insurance is Attached hereto as Exhibit A, which shall provide the following coverage:
The Contractor shall carry for the duration of this Agreement insurance coverage hereinafter outlined:
General liability and property damage insurance with the following minimums:
Property Damage per occurrence - $500,000.00 General Liability & Property Damage for bodily injury- $1,000,000.00
General Aggregate - $2,000,OOOA Certificate of Insurance, that identifies the County as an additional insuredThis insurance shall be
considered as primary and shall expressly waive all rights of subrogation by the Insurance Company and by the Lessee. The County
insurance shall be noncontributory.
Professional Liability - $1,000,000. per occurrence
Fire and Casualty Insurance, including coverage for property damage, theft, destruction, malicious mischief and vandalism to the
physical structures, buildings and property on leased premises, in an amount not less than $500,000.00.
A Certificate of Insurance must be provided annually to the County. Lessee must immediately notify the County of any claims made
against their insurance or any change of insurance carrier.
34.2 Industrial Insurance Waiver: not applicable in this lease agreement
34.3 Defense & Indemnity Agreement:
The Lessee agrees to defend, indemnify and save harmless the County, its appointed and elective officers and employees, from and
against all loss or expense, including, but not limited to, judgments, settlements, attorneys' fees and costs by reason of any and all
claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury,
including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including
loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Lessee, its subcontractors, its
successor or assigns, or its agents, servants, or employees, the County, its appointed or elected officers, employees or their agents,
except only such injury or damage as shall have been occasioned by the sole negligence of the County or its appointed or elected
officials or employees.
It is further provided that no liability shall attach to the County by reason of entering into this lease, except as expressly provided herein.
35.1 Non -Discrimination in Employment:
The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and
employees without regard to race, color, creed, religion, national origin, sex, age, marital status, disability, or veteran status. The
Lessee 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.
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Furthermore, in those cases in which the Lessee is governed by such laws, the Lessee 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, sexual
orientation, age, marital status, 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 Lessee shall state that all qualified applicants will
receive consideration for employment without regard to race, color religion, sex or national origin.
During the performance of this lease, Lessee agrees that no person shall, on the grounds of race, creed, color, national origin, sex,
sexual orientation, marital status, age, religion, or in the presence of any sensory, mental or physical handicap, veteran status, be
excluded from full employment rights or client services with Lessee.
35.2 Non -Discrimination in Client Services:
The Lessee shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital
status, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an
individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other
benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this
Agreement.
36.1 Waiver of Noncomoetition: Not Applicable
36.2 Conflict of Interest:
If at any time prior to commencement of, or during the term of this Agreement, Lessee or any of its employees involved in the
performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict
with the County's interest, then the Lessee shall immediately notify the County of the same. The notification of the County shall be
made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be
compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Lessee to take
reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for
termination.
37.1 Administration of Lease:
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 Lessee also agrees to comply with applicable federal, state, county or municipal
standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals.
The County hereby appoints, and the Lessee hereby accepts, the Whatcom County Executive, and his or her designee, as the County's
representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement,
including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this
Agreement. The Administrative Officer for purposes of this agreement is:
Mike Russell, Facilities Manager, Whatcom County Facilities Management, 316 Lottie Street, Bellingham, WA 98225
(360)676-6746
37.3 Assignment of Lease:
Lessee shall not assign this lease, or sublease any portion of the premises, without the prior written consent of Lessor. No rights
hereunder shall pass by operation of law or other judicial process or through insolvency proceedings. The rights and obligations of this
lease shall extend to and be binding upon all successors, representatives and assigns as the case may be. Lessee shall furnish Lessor
with copies of all such sublease documents. For the purposes of this lease, any change of ownership including sale, liquidation or other
disposition of corporate stock shall be considered an assignment.
37.4 Laws, Permits, and Regulations:
Lessee agrees to comply with all applicable federal, state, county or municipal standards for licensing, certification and operation of
facilities and programs, and accreditation and licensing of individuals. Lessee agrees to obtain and comply with all necessary permits
for any leasehold improvement. Lessee agrees to conform to and abide by all lawful rules, codes, laws and regulations in connection
with its use of said premises and the construction of improvements and operation of Lessee's business thereon and not to permit said
premises to be used in violation of any lawful rule, code, law, regulation or other authority.
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Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes
40.1 Modifications:
Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall
be in writing and signed by both of the parties.
40.3 Disposition of Improvements at end of lease
Lessee shall have the right to remove all equipment and personal property which may have been placed uponthe premises during the
period of this lease provided that the same are removed before the lease is terminated and while the lease is in good standing.
Any improvements not removed from the premises at the conclusion of the lease shall revert to the Lessor. Leased premises
shall be restored by Lessee to conditions prevailing at the time of commencement of the lease, normal wear excepted.
40.4 Off-street Parking:
Lessee agrees to provide space for the parking of vehicles in the number necessary to comply with applicable regulations and
otherwise to accommodate its normal business requirements on the property included within this lease; and shall not rely upon any
public streets, rights -of -way or other properties not included in this lease for the parking of said vehicles.
40.5 Utilities:
Lessee shall arrange for normal utilities (water, sewer, gas, garbage, electricity and telephone). Lessee shall arrange and pay for all
utility connections and services and distribution of such utilities within the leased premises.
40.6 Maintenance of Facilities:
Maintenance of the leased premises and all improvements thereon shall be the responsibility of Lessee.
1. Lessee takes the premises "as is" and shall make all repairs, improvements, or replacements to said premises as are necessary,
and maintain the premises in a safe, sanitary, operable, habitable and usable manner at all times.
2. Lessee agrees to maintain, repair and replace when reasonable necessary, all portions of the property, including but not limited to:
roof and gutters, lighting and electrical system, plumbing and drainage, heating and HVAC system (including annual maintenance,
duct cleaning and filter changes), interior and exterior stairs, railings, ramps and decks, yard work, parking lot and walkway
surfaces.
3. Use of a wood burning fireplace is prohibited; No portable electric heaters are allowed; Smoking is not allowed inside premises
and any smoking allowed must be in a designated area with extinguishing receptacles;
4. Lessee must comply with all laws of fire and safety codes, which requires the installation and maintenance of smoke and fire
alarms, carbon monoxide detectors, fire extinguishers and must conduct monthly checks for battery replacement and operable.
Lessee is required to have annual fire and health code inspections.
Not later than, and by December 315t of each year, Lessee shall prepare and submit to Lessor, a written report of the
maintenance, repair and replacement work performed during the preceding 12 months, and any such work scheduled for the
ensuing year.
40.7 Access:
Lessor reserves the right of access to the premises for the purpose of securing compliance with the terms of this lease.
40.8 Commit No Waste:
Lessee agrees not to allow conditions of waste and refuse to exist on the above -described premises and to keep the premises in a
neat, clean and orderly condition and to be responsible for all damages caused to the leased premises by Lessee, its agents or any
third party on the premises at the instance of Lessee.
41.1 Severability:
If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall
not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this
end, the terms and conditions of this contract are declared severable.
41.2 Waiver:
Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or
condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties
hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to
exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such,
or any other covenants or agreements, but the same shall be and remain in full force and effect.
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128
42.1 Disputes:
a. General: Differences between the Lessee and the County, arising under and by virtue of the Contract Documents, shall be brought to
the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly
taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the
records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive.
43.1 Venue and Choice of Law:
In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the
venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement
shall be governed by the laws of the State of Washington.
44.1 Survival:
The provisions of paragraphs 10.211.1, 11.2, 11.3 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.1,34.2, 34.3, 36.1, 37.1, 37.4, 40.2, 40.5,
40.6, 41.1, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason.
45.1 Entire Agreement:
This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement
between the parties and supersedes any prior oral statements, discussions or understandings between the parties.
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129
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-341
CLEARANCES
Initial
Date
Date Received in Council O nce
Agenda Date
Assigned to:
Originator.
AO
10/14/13
r
(-_> 10
10/22/13
Finance
Division Head:
U11 ,1.�
Sea 4�
10/22/13
Council
Dept Head:
Prosecutor:
p��p^^qqy p Gy
:,..d i.. N'T !J
......,, ._.-_
Purchasin /Bud et:
10/14/13
d
C,0'L. atoE� "GIw
Executive:
yy
r C 8 B y Id J
TITLE OF DOC6VJPVward Bid 13-74 Police Pursuit Vehicles
ATTACHMENTS: Memos from Finance and Public Works
SEPA review required? ( ) Yes ( x ) NO
Should Clerk schedule a hearing ? ( ) Yes ( x) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC
as appropriate. Be clear in explaining the intent of the action.)
Public Works Equipment Services is requesting approval to award bid 13-82 for the supply five 2014 Ford
Utility Police Interceptor AWD pursuit vehicles to the sole responsive bidder, Diehl Ford Inc.. The total cost is
$187,353.74. This is a planned purchase and adequate funds are available in their current budget.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number.
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at: www.co.whatcom.wa.us/council.
130
�C,om co
WHATCOM COUNTY \$ FINANCE/ACCOUNTING
ADMINISTRATIVE SERVICES \ Whatcom County Courthouse
0� 311 Grand Avenue, Suite #503
Bellingham, WA 98225-4082
Phone — (360) 676-6734
Brad Bennett, Finance Manager Fax - (360) 738-4553
DATE: October 14, 2013
TO: Jack Louws, County Executive
FROM: Brad Bennett, Administrative Services Finance Manager
SUBJECT: Award of Bid 13-82 Police Pursuit Vehicles
■ Background & Purpose
Bids were duly advertised for the supply of five 2014 Ford Utility Police Interceptor AWD
for the Sheriff's Department. One bid was received on Tuesday, October 1.
�—
' Sales
Vendor
Model
Price
fax_,
Total
5-2014 Ford Utility Police
Diehl Ford
Interceptor AWD
172,042.00
15,311.74
187,353.74
Public Works ER&R is requesting approval to award to the sole bidder, Diehl Ford in the
amount of $187,353.74.
0 Funding
This is a planned expenditure and funds for this purchase were approved in the current
Equipment Rental budget. I concur with this request.
Admin. Services Finance Manager
Date
131
EQUIPMENT SERVICES DIVISION
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360) 676-6759
Fax (360) 380-8115
Eric L. Schlehuber, Division Manager
TO: Brad Bennett, AS Finance Manager
A
THROUGH: Frank M. Abart, PW Director
FROM: Eric L. Schlehuber, PW Equipment Services Manag
T:V)
RE: Bid 13-82, Police Pursuit Vehicles
DATE: October 8, 2013
■ Requested Action
After researching the cost for a midsize pursuit utility vehicle AWD, I am requesting Executive and
Council approval to purchase five 2014 Ford Utility Police Interceptor AWD to replace the following:
DEPT
REPLACE UNIT
MAKE I MODEL
EST. MILEAGE j
SHF
6073
1999 Ford Crown Victoria
101,915.0
SHF
6145
2004 Ford Crown Victoria
115,800.0
SHF
6156
2005 Ford Crown Victoria
124,161.0
SHF
61571
2005 Ford Crown Victoria
1 142,098.0
SHF
6177
1 2007 Ford Crown Victoria totaled
63,547.0
■ Background and Purpose
These units were approved as replacements in the 2013-2014 Equipment Rental and Revolving
Capital Equipment Budget. The Sheriff's Office will use these units in the performance of county
business in maintaining public safety. Bids were duly advertised for these police pursuit vehicles.
One bid was received on Tuesday, October 1, 2013. Listed below is the detailed bid tabulation for the
sole responsive bid that meets specific minimum specifications:
VENDOR
MAKE 1 MODEL
QTY
PRICE EACH
SALES TAX
EXTENDED TOTAL
(INCLUDING OPTIONS)
($,9%)
1
$ 36,005.00
$ 3,204.45
$ 39,209.45
3
$ 34,587.00
$ 9,234.73
$ 112,995.73
Diehl Ford, Inc.
2014 Ford Utility Police
Interceptor AWD
1
$ 32,276.00
$ 2,872.56
$ 35,148.56
Total
$ 187,353.74
■ Funding Amount and Source
This amount has been budgeted during in the 2013-2014 Budget process. I am requesting Executive
and Council approval to purchase these units from Diehl Ford, Inc. in Bellingham, Washington for the
total amount of $187,353.74.
132
Bid 13-82 Police Pursuit Vehicles October 8, 2013 Page 2 of 2
Please approve this purchase and forward to the Executive and the Whatcom County Council for
approval at the October 22, 2013 Whatcom County Council Meeting. Please contact Eric L.
Schlehuber at extension 50607, if you have any questions or concerns.
133
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-342
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator
10/14/13
OCT 1 5 2013
p— r, 0
A U �, A L;
•"A "'OUN'TY
10/22/13
Finance
Division Head:
10/22/13
Council
Dept. Head:
Prosecutor
PurchasinglBudget:
10/14/13
01J N'C'l L
Executive.-
A
t C4 I -Y 1/3
TITLE OF nOCUIO-E#f/Purchase of ER&R replacement vehicles for the Sheriff's Department - six 2013
Chevrolet Tahoes
ATTACHMENTS: Memo from Finance
SEPA review required? Yes x) NO
Should Clerk schedule a hearing ? Yes ( x ) NO
SEPA review completed? Yes (x ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (if this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC
as appropriate. Be clear in explaining the intent of the action.)
Public Work Equipment Services is requesting approval to use the Washington State Contract to purchase six
2013 Chevrolet Tahoe FFV utility vehicles for the Sheriff's Department. The total cost is $194,853.36. This
is a planned purchase and adequate fundsare available in their current budget.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and
printing on the County's website at: www.co.whatcom.wa.uslcouncil.
134
0M cod
WHATCOM COUNTY ��� �� FINANCE/ACCOUNTING
ADMINISTRATIVE SERVICES f 1 Whatcom County Courthouse
311 Grand Avenue, Suite #503
�ySHBPeG10 Bellingham, WA 98225-4082
Phone — (360) 676-6734
Brad Bennett, Finance Manager Fax — (360) 738-4553
DATE: October 14, 2013
TO: Jack Louws, County Executive
FROM: Brad Bennett, AS Finance Manager
SUBJECT: Approval to Purchase Replacement Sheriff's Department Utility Vehicles
BACKGROUND
Public Works Equipment Services is requesting approval to purchase six replacement
Sheriff's Department utility vehicles. They would like to use the Washington State
Contract. The vendor is Bud Clary Auto Dealership and the replacement vehicles are
2013 Chevrolet Tahoe FFV utility vehicles, the total price for this purchase is
$194,853.36,
FUNDING
This is a planned purchase and adequate funds are available in their current budget
recommend approval.
AS Finance Manager
Approved as recommended. -
County Executive
Date
135
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
FRANK M. ABART
Director
MEMORANDUM
TO: Brad Bennett, AS Finance Manager
THROUGH: Frank M. Abart, PW Director-1— , �,
,:
FROM: Eric L. Schlehuber, PW Equipment Services Manager
EQUIPMENT SERVICES DIVISION
901 W. Smith Road
Bellingham, WA 98226-9610
Phone (360)676-6759
Fax (360) 380-8115
Eric L. Schlehuber, Division Manager
RE: State Bid Contract 03711 (2013 Utility/Crossover Vehicle)
DATE: October 8, 2013
■ Requested Action
After researching the cost for a full-size sport utility vehicle, I am requesting Executive and Council
approval to purchase six 2013 Chevrolet Tahoe FFV from the Washington State Bid Procurement List
to replace the following:
DEPT
REPLACE UNIT
MAKE / MODEL
EST. MILEAGE
SHF
6049
2003 Ford Expedition 4x4
149,740.0
SHF
6141
2004 Ford Expedition 44
124,462.0
SHF
6142
2004 Ford Expedition 4x4
183,574.0
SHF
6143
2004 Ford Expedition 4x4
171,961.0
SHF
6148
2005 Ford Expedition 44
154,221.0
SHF
6149
2005 Ford Expedition 44
1 157,923.0
■ Background and Purpose
These units were approved in the 2013-2014 Equipment Rental and Revolving Capital Equipment
Budget. The Sheriff's Office will use these units in the performance of county business in maintaining
public safety. Bids were duly advertised under Bid 13-82, Police Pursuit Vehicles. No bids were
received on Tuesday, October 1, 2013 for this particular vehicle type.
VENDOR
MAKE I MODEL
QTY
PRICE EACH
(Including Options)
SALES TAX
(8,3%)
EXTENDED TOTAL
Bud Clary Auto
Dealership
2013 Chevrolet
Tahoe FFV
4
$ 29,887.00
$2,480.62
$ 129,470.48
1
$ 30,460.00
$2,528.18
$ 32,988.18
1
$ 29,912.00
$2,482.70
$ 32,394.70
Total
1 $ 194,853.36
136
03711, 2013 Utility/Crossover Vehicle October 8, 2013 Page 2 of 2
■ Funding Amount and Source
This amount has been budgeted during the 2013-2014 Budget process. I am requesting Executive
and Council approval to purchase these units from Bud Clary Auto Dealership in Longview,
Washington for the total amount of $194,853.36 as there were no bids received under Whatcom
County Bid 13-82.
Please approve this purchase from the state contract and forward to the Executive and the Whatcom
County Council for approval at the October 22, 2013 Whatcom County Council Meeting. Please
contact Eric L. Schlehuber at extension 50607, if you have any questions or concerns.
137
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-344
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Public Works
Originator:
JPR
101712013
-�
1012212013
Committee & Intro.
Public
Division Head:
JPR
101712013
OCT 152013
k' ? 4
1111212013
Hearing/Adoption
Dept. Head:
Prosecutor:
I U /I D /13
Purchasing/Budget:
Executive:
TITLE OF DO T.
2014 Annual Road Construction Program Resolution.
ATTACHMENTS:
1. Memo to County Executive and Council 3. 2014 Annual Construction Program
2. Resolution 4. Summary Sheets or Projects Funded in 2014
SEPA review required? ( ) Yes ( X) NO
Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date: 1111212013
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.)
Resolution adopting the Whatcom County 2014 Annual Construction Program. The Annual Construction
Program is an integral part of the County budget process and reflects the first year of the adopted 2014-2019
Six Year Road Capital Construction Program.
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.
138
WHATCOM COUNTY oM Joseph P. Rutan, P.E.
PUBLIC WORKS DEPARTMENT r�%^oy� County Engineer/Assistant Director
322 N. Commercial Street, Ste 301
Frank M. Abart\z Bellingham, WA 98225-4042
ps� iN G �O Phone: (360) 715-7450
Director R E vio)
IE. D
UC1IIM3
Memorandum JACK L
COUNTYC
To: The Honorable Jack Louws, Whatcom County Executive, and
Honorable Members of the Whatcom County Council
Through: Frank M. Abart, Director-1�-,
!
From: Joseph P. Rutan, P.E., County Engineer/Assistant Director,",
Date: October 7, 2013
Re: 2014 Annual Construction Program
Requested Action:
Public Works Committee work session and Introduction on October 22, 2013, followed by a Public
Hearing and adoption on November 12, 2013.
Background and Purpose:
RCW 36.81.130 requires the adoption of the Annual Construction Program (ACP). Adoption of this
program is an element of the County budget process.
This ACP is identical to the Is'year of the Six Year Transportation Improvement Program (STIP)
approved on September 24, 2013.
Information:
A proposed resolution is enclosed for your consideration. In addition, each project that has funding
available in 2014 has a project summary sheet for your review.
If you have questions or require additional information, please contact me at the number provided
above.
139
SPONSORED BY: Consent
INTRODUCED: 10/22.12013
RESOLUTION NO.
APPROVING THE WHATCOM COUNTY
2014 ANNUAL CONSTRUCTION PROGRAM
WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the
Whatcom County Council a recommended plan for laying out, construction, maintenance and
special maintenance of County roads for the fiscal year of 2014; and,
WHEREAS, the Whatcom County Council held a public meeting on the 24th day of
September, 2013, and has considered the testimony given as well as the recommended plan;
and,
WHEREAS, the Whatcom County Council had determined that said plan is necessary as
nearly as practicable to the Whatcom County 2014-2019 Six -Year Transportation Program,
approved by Resolution 2013-029 on September 24, 2013.
NOW, THEREFORE, BE IT RESOLVED that the 2014 Whatcom County Annual
Construction Program is hereby approved as shown on the attachment hereto; and
BE IT FURTHER RESOLVED that no changes be made in the program without the
unanimous vote of the Whatcom County Council; and
BE IT FINALLY RESOLVED that the 2014 Annual Construction Program be filed with the
Director of Highways of the State of Washington.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council
APPROVED AS TO FORM:
9a,�,�i
Dan Gibson, Civil Deputy Prosecutor
Kathy Kershner, Chair of the Council
140
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142
Whatcom County Public Works Project Narrative
Birch Bay-Lynden Road/Portal Way - Signalization/Improvements
CRP #901011
Construction Funding Year(s): 2014 / 2015
Project Narrative:
This project is located south of Blaine and west of 1-5, in Section 22, T401% R'I E. Proposed improvements include
signalization, rhannelization and illumination of the intersection with minor changes to the vertical and horizontal
alignment. Stormwater treatment and detention will also be implemented into this project. This project is listed #1 on the
2014-2019 Six -Year Transportation Improvement Program.
Project Status:
The Preliminary Engineering has been completed and all ROW has been acquired. Construction is planned to be in two
phases with working days in late summer 2013 and spring 2014.
Total Estimated Project Cost: $4,300,000
Expenditures to Date: $1,000,000
Funding Sources:
Federal $3,250,000 STP(R)
State $ 750,000 RAP
Local $ 300,000
Environmental
SEPA, Corps of Engrs, CLR/CAO,
Permitting
HPA
Right -of -Way
$125,000
Acquisition Estimate
County Forces
N/A
(Estimate)
$ Saao
jto°
j Zell Rd, u
hAannual road construction program\2014 acp\2014 project narratives\01 bb Iynden.portal way.docx 143
Whatcom County Public Works
Project Narrative
Rural Road Safety Program
CRP #911017
Construction Funding Year(s): 2013 / 2014
Project Narrative:
In 2011 the County received a total of $1,325,000 in Federal Grant funds to address county -wide road safety
improvement in two (2) distinct areas — intersection safety and run -off -the -road crashes. The main elements of the
program focus on the installation of centerline and edge rumble strips, bridge freeze indicators, bridge approach guardrail
improvements and selected intersection upgrades. The type and locations of the federally approved modifications are
detailed below. This project is listed #2 on the 2014-2019 Six -Year Transportation Improvement Program.
Project Status:
Design, Permitting, Right -of Way (if needed) and Construction to be finalized in 2014.
Total Estimated Project Cost: $1,314,000
Expenditures to Date: $ 269,000
Funding Sources:
Federal
$1,299,000
State
$ 0
Local
$ 15,000 (STIP 2013)
Environmental Permitting
ECS, BA, SEPA, CLR/CAO, Corps of Engrs
Right -of -Way Acquisition (Estimate)
$15,000
County Forces (Estimate)
N/A
Project Elements
Estimated Costs
Shoulder & centerline rumble strips with new centerline paint and recessed pavement markers $288,000
Hannegan Rd — 4.8 Miles — Hemmi Road to Polinder Road
Birch Bay-Lynden Rd — 10.3 Miles — SR 548 (Blaine Rd) to Lynden city limits
Smith Rd (west & east) - 10.5 Miles - Waschke Rd to SR 542 (Mt. Baker Hwy)
Everson -Goshen Rd - 6.08 Miles - SR 542 (Mt. Baker Hwy) to SR 544 (Pole Rd)
Slater Road - 6.2 Miles — Lk Terrell Road to the BNSF Railroad crossing (near Interstate 5)
Bridge Freeze Indicators $ 51,000
22 bridge approaches and 4 road locations (Lake Whatcom Blvd, Hannegan, Birch Bay-Lynden,
Slater, Hampton, Mosquito Lake Marine Drive, Everson -Goshen, Loomis Trail, Portal Way, Rock,
West Badger, South Pass, N. Telegraph, North Pass, Rathbone)
Guardrail Upgrades $513,800
8 bridge approaches and 4 road sites (Aldrich, W. Laurel, Kickerville, Northwood, Goodwin, Pangborn,
Ten Mile (2), Stadsvold, Lake Louise, Lake Whatcom Blvd, Hannegan/Laurel)
Intersection Improvements
West Smith Rd / Aldrich Rd - left turn lanes
Birch Bay-Lynden Rd / Berthusen Rd - signage updates and additions
$ 451,200
10,000
$ 1,314,000
144
Whatcom County Public Works
Project Narrative
Birch Bay Drive and Pedestrian Facility
CRP #907001
Construction Funding Year(s): 2016 / 2017
Project Narrative:
This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31,
T40N, R1 E, and Sections 24 and 25, T40N, R1 W. This is a 1.58 mile separated berm with pathway to encourage
pedestrian use along Birch Bay Drive to support safety while improving non -motorized mobility. In addition, the project
will provide mitigation for both beach erosion and roadway protection. This project is listed #3 on the 2014-2019 Six -Year
Transportation Improvement Program.
Project Status:
Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was
completed in 2007, and updated in spring of 2013. Preliminary Enginnering will begin in late 2013, RW acquition in
2014/2015 and construction in 2016/2017. Additional funding sources will be pursued as they become available.
Total Estimated Project Cost: $11,450,000
Expenditures to Date: $150,000
Funding Sources:
Federal
$ 872,639
State
$0
Local
$10,427,631
Environmental Permitting
Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE;
Sec 404 Clean Water Act
Right -of -Way Acquisition (Estimate)
TBD
County Forces (Estimate)
N/A
145
Whatcom County Public Works
Project Narrative
Lake Whatcom Boulevard
Pavement Rehabilitation and Stormwater Improvements
CRP #913002
Construction Funding Year(s): 2017/2018
Project Narrative:
This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve
stormwater and roadway improvements to a 1.6 mile section of Lk Whatcom Blvd between Cable Street and Strawberry
Point, including: addressing stormwater quality issues, pavement rehabilitation down to subgrade, upgrades to pavement
markings and signage. This project is listed #4 on the 2014-2019 Six -Year Transportation Improvement Program.
Project Status:
Survey work with associated base map and R/W research will begin in 2014. Preliminary design will be initiated to
evaluate RNV needs, permit requirements and overall project costs. Construction time frame will be contingent on
addressing funding needs along with resolution of permitting and RNV issues.
Total Estimated Project Cost: $6,000,000
Expenditures to Date: $ 0
Funding Sources:
Federal
$0
State
$0
Local
$6,000,000 (Grant funding will be sought)
Environmental Permitting
SEPA, CLR/CAO, Shorelines
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
$50,000
146
Whatcom County Public Works
Project Narrative
Slater Road and Northwest Drive
CRP # 914001
Construction Funding Year(s): TBD
Project Narrative:
The intersection of Slater and Northwest Roads in in Section 2 of T38N, R2E. This three legged intersection currently
experiences delays due to the lack of channelization and stop control for left -turn movements. The first phase of this
project is to analyze a range of solutions as well as their associated benefits, limitations and costs. This project is listed #5
on the 2014-2019 Six -Year Transportation Improvement Program.
Project Status:
Traffic counts and warrants completed. Alternatives analysis in 2014. Design, permitting, R/W and construction time
frames would be contingent on alternatives chosen.
Total Estimated Project Cost: $ Unknown
Expenditures to Date: $0
Funding Sources:
Federal
$0
State
$0
Local
$50,000 (STIP 2014)
Environmental Permitting
ECS, BA, SEPA, CLR/CAO, Corps of Engrs
Right -of -Way Acquisition (Estimate)
TBD
County Forces (Estimate)
N/A
4 �
I
o
Lai
® 2 m
Sunset
Q
Ave.
Slater Rd.
Slater Rid
i
kR�yhorst ��
M
Rd. cmc Shay
.�- a�. Marieita Av.
r!'
69 m o Lost Lk. ✓V
C� �� !
'C)� J v_, ,
i Skagit U
� I � � Bellingham ,:
on RC
E. Smith R
Q,o
Larson tRd.--x 2
Kelly Rd. a
6 Bed TremontAve
.—
v on Rd. E Horton R
a
., o _.._fin Wyck R
CON p Q
O Q
Stuart Rd
�y Bonney St
147
Whatcom County Public Works
Pm
'ect Narrative
Lummi View Drive Bank Stabilization
CRP # 908001
Construction Funding Year(s): TBD
Project Narrative:
This project is located in Section 2,T37N, R1 E. This project is listed #6 on the 2014-2019 Six -Year Transportation
Improvement Program. This project will consist of repair and stabilization of a ocean bluff failure that threatens a section
of Lummi View Drive.
Project Status: Survey and preliminary cost scoping to be performed in 2014.
Total Estimated Project Cost: $ Unknown
Expenditures to Date: $
Funding Sources:
Federal
$0
State
$
Local
$10,000 (STIP 2014)
Environmental Permitting
SEPA, CLR/CAO
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
r)
Lummi Pt.
n Pt. 139 N
38 N
t,
f W Centerview Rd.
J er Wy.
A
age Pt. Le9pe.Bay Rd.
l_egoe Bay �
,00seber
Pt.
The F
JY27S
O•
Whatcom County Public Works
Project Narrative
Gooseberry Point Pedestrian Project
CRP #912017
Construction Funding Year(s): 2014
Project Narrative:
The Gooseberry Point Pedestrian Project is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in
fulfillment of the ferry lease obligation, involves the construction of pedestrian facilities such as sidewalks, separated
paths, and /or shared -use shoulders, in addition to other non -motorized improvements. This project is listed #8 on the
2014-2019 Six -Year Transportation Improvement Program.
Project Status:
Survey work has begun and selection of an engineering consultant for Alternatives Analysis & preliminary plans
completed. Projects funds will be available for expenditure when funds of equal or greater value are matched by the
Lummi Nation.
Total Estimated Project Cost: $4,000,000
Expenditures to Date: $0
Funding Sources:
Federal
$0
State
$0
Local
$4,000,000
Environmental Permitting
N/A
Right -of -Way Acquisition (Estimate)
N/A
County Forces (Estimate)
N/A
.d
��d• r I
m� r
� I
�' or
s� Cagey Rd. Fish Pt.
f
C�
$hPr@ .
x f LUMMI NATION °odLn
Pt. Migley �r rich
°'•°Smokehouse Rd.
JF f
s' Lummi Pt. c¢e�
Fem Pt. Gooseberry
,38 N
`• \.," Genterview Rd.
,i 1131
149
Whatcom County Public Works
Project Narrative
Point Roberts Transportation Improvements
CRP # 910002
Construction Funding Year(s): 2014 / 2015
Project Narrative:
Point Roberts is located in T40N and T41 N, RM. The proposed improvements would be specific to area needs and the
development of a project to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #9 on the
2014-2019 Six -Year Transportation Improvement Program.
Project Status:
The Point Roberts Transportation Benefit District Advisory Committee has requested improvements to the shoulder of
Gulf Road to provide non -motorized access between Lighthouse Park and Tyee Drive. Project scope and engineering in
2014, with construction in 2014 and 2015.
Total Estimated Project Cost: $300,000
Expenditures to Date: $0
Funding Sources:
Federal
$0
State
$0
Local
$300,000 (STIP 2014)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
150
Whatcom County Public Works
Project Narrative
Slater Road Intersections
CRP # 910003
Construction Funding Year(s): 2015
Project Narrative:
This Slater Road project is located between Imhoff Road and Ferndale Road in Sections 31 and 32 of T39N, R2E. The
work involves the additions of turn lanes on Slater Road at Imhoff and Ferndale Roads, as well as widening the half mile
roadway section to current standards between the intersections. This project is listed #11 on the 2014-2019 Six -Year
Transportation Improvement Program.
Project Status:
Design, permitting and R/W to begin in 2014 with construction to be completed in 2015.
Total Estimated Project Cost: $2,740,000
Expenditures to Date: $0
Funding Sources:
Federal
$1,120,000 (STP)
State
$0
Local
$1,620,000
Environmental Permitting
ECS, BA, SEPA, CLR/CAO, Corps of Engrs
Right -of -Way Acquisition (Estimate)
$200,000
County Forces (Estimate)
N/A
0° Ulrick Rd.
c
Lampman Rd.
c
»g
TennantF-1
°Of d —
Q�
o
n�
mi
Slater Rd.
LO
Rayhorst
Q
Rd.
cam'
c� ..S._ (y
z
r
C
0
Marietta Av.
-6
Lost Lk.
I
Sunset Av
Slater
151
Whatcom County Public Works
Project Narrative _
East Smith Road & Hannegan Road
CRP # 914002
Construction Funding Year(s): TBD
Project Narrative:
The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is
listed #12 on the 2014-2019 Six -Year Transportation Improvement Program. This intersection currently experiences
delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of
solutions as well as their associated benefits, limitations, and costs.
Project Status:
Traffic counts and warrants completed. Alternatives analysis in 2014. Design, permitting, RW, and construction time
frames would be contingent on alternative(s) chosen
Total Estimated Project Cost: $ Unknown
Expenditures to Date: $0
Funding Sources:
Federal.
State $
Local $50,000 (STIP 2014)
Environmental Permitting
SEPA, ESA
Right -of -Way Acquisition (Estimate)
N/A
County Forces (Estimate)
N/A
W. Axton Rd, E. IAxton Rd,._,__,
c _ d _ M U
b� Bellinger Rd. a _ o — �9.2
U _.. L w
LX
g uJ
E. Smith Rd. o I *E. Smith Rd.
Qp 1 w I
r
✓ ' Larson Rd. �t oJo
$
Harmony Rd.
r
— —
Kelly Rd. a Z o
�....,
113,
Tr. ontAve Kline Rd. -Rd� E Horton Rd �ta .Lee Wy.
Van Wyck Rd fan Wyck Rd. VAN WYCK
Q ualicC%t' S<
Stuart Rd KING MTN. Squatkcurn
&� 5 e 1
Substation
152
Whatcom County Public Works
Project Narrative
Larrabee Road Flood Prevention — Flood Prevention and Stream Restoration
CRP # 914003
Construction Funding Year(s): 2014
Project Narrative:
This project is located near the -Bellingham city limits in Section 11, T38N, R2E. This is a project to provide fish passage,
restore habitat, and reduce chronic flooding along a tributary to Bear Creek. This project is listed #22 on the 2014-2019
Six Year Transportation Improvement Program.
Project Status:
Project site is monitored routinely. Project scoping and design scheduled to begin in 2014 pending results of the ongoing
monitoring program.
Total Estimated Project Cost: TBD
Expenditures to Date: $ 0
Funding Sources:
Federal
$
State
$
Local
$50,000 (STIP 2014)
Environmental Permitting
To be determined
Right -of -Way Acquisition (Estimate)
To be determined
County Forces (Estimate)
To be determined
------ �? -._ _ Kelly Rd. r ['
v` s Slater Rd.
Kli
`Sha Be ne
0 -?—
= n.
3-
h
N 9� qn Rd:
IN
p r s C
MON—r etta Av. 1 n
fm Lost Lk.,..
KING MTN.
_y
.w
Skagit 3,(
�.._
a I ., Bellingham
mt�l �' `kelb99 Rd
.1-..
Airport - - —
3
is cN
BCountry Ln. Rj
w-Rd: Bkervie. a
aB`
--
X
Hai; Q McLeod
Rd.
AID
r ! ri Fooda Ave. �. 71IN-1,
4 e .
��e �'Oaa�G cI Squabum Cr��
v ti 1;._,......_
� � 5
etD�
153
Whatcom County Public Works
Project Narrative
Potter Road - South Fork Bridge No. 148 Replacement
CRP #998027
Construction Funding Year(s): 2013 / 2014
Project Narrative:
This bridge replacement project is located in Sections 17 & 18, T38N, RSE. The existing single -lane bridge (14.5' wide &
243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a 360' two -span, pre-
stressed and post -tensioned concrete girder bridge. Access will be maintained throughout construction as this is the only
public access to the residential, agricultural and tribal community west of the river. The project is listed #23 on the 2014-
2019 Six -Year Transportation Improvement Program.
Project Status:
Design and construction funds have been secured. Final design phase is at 85% complete. The Nooksack Tribe has
agreed to submit for $1 - 1.5 million in additional BIA construction funds, which would lower the required Local Fund
match if secured. Construction is proposed to start in 2013 depending on permitting and right-of-way acquisition. The
construction duration is estimated at 2 + years due to fish windows and size of the project.
Total Estimated Project Cost: $9,600,000
Expenditures to Date: $1,150,000
Funding Sources:
Federal
$7,700,000 BRAC
State
$0
Local
$1,900,000
Environmental Permitting
BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR
Right -of -Way Acquisition (Estimate)
$100,000
County Forces (Estimate)
IV/A
h:\annual road construction program\2014 acp\2014 project narratives\23 potter rd brldge.docx 154
Whatcom County Public Works
Project Narrative
Mosquito Lake Road / Canyon Creek Bridge No. 334 Rehabilitation
CRP # - 913004
Construction Funding Year(s): TBD
Project Narrative:
This project is located on Mosquito Lake Road at Canyon Creek in Section 27, T39N, R5E. This is a rehabilitation and
sediment management project to reduce chronic flooding and debris accumulation at Bridge No. 334. The project is listed
#24 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
Final sediment transport study completed in May 2012. Conceptual design and alternative analysis ongoing. _
Total Estimated Project Cost: TBD
Expenditures to Date: $30,000
Funding Sources:
Federal
$0
State
$0
Local
$50,000 (STIP 2014)
Environmental Permitting
HPA, SEPA
Right -of -Way Acquisition (Estimate)
TBD
County Forces (Estimate)
N/A
C` J 1R
V0,
_w ye
I
-
I J`i
� :P
f
1
I
c.
i u\a`1'", Kenncr.
ey.
l�ac9 RACEHORSE(
i o -WELCOME C.
j t'
1
—�,.CanyonlLk.
5 A:y
Mt f3e� DEMING�'
i ' \ ar5h?�\\
; I
r
-------------------
w
155
Whatcom County Public Works
Project Narrative
Slater Road / Nooksack River Bridge No. 512 Painting
CRP # - 913005
Construction Funding Year(s): 2015
Project Narrative:
This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is a painting project to
sandblast and repaint the 1957 steel truss bridge. In addition, the potential of an over -height vehicle detection and
warning system will be analyzed. Additional funding may be sought for its installation. The project is listed #25 on the
2014-2019 Six Year Transportation Improvement Program.
roject Status:
he project was awarded BRAC funding in 2013. Construction scheduled to begin in 2015.
Total Estimated Project Cost: $1,810,000
Expenditures to Date: $0
Funding Sources:
Federal
$1,810,000 (pending BRAC award)
State
$0
Local
$0
Environmental Permitting
HPA, NEPA, County Shorelines
Right -of -Way Acquisition (Estimate)
None Required
County Forces (Estimate)
N/A
glas Rd. I I / !S0
00 Ulrick Rd. Te ant ,M
o_..... L
y
o �
_ , ! i
0
pman Rd. I E
Rd.25
I
�,e� i
_..._........ ___.'_ _..._...._,_. I Slater Rd.
C C }s
[Y
I� I Lw Rayhorst' C'
t D
fi m
rRd• Sor U'QedFtrve��d
k 0 r �¢
,--. V a
J
I �
Kwina Rd.
NCO
LC_ I
0 Sunset Ave.
Slater Rd:
16-riet6 Av.
Lost -Lk.
1
a;
Bellingham
Air!nfl
� port
Country Ln.
._...._...__....._ _...__,.
156
Whatcom County Public Works
Project Narrative
Hannegan Road / Nooksack River - Bridge No. 252 Scour Mitigation
CRP #911002
Construction Funding Year(s): 2015
Project Narrative:
This project is located just south of the Lynden city limits in Section 20, T40N, R3E. This is a rehabilitation project to
mitigate scour on the existing bridge. This project is listed #27 on the 2014-2019 Six Year Transportation Program.
Project Status:
BRAC funding acquired. Design and permitting underway. Construction scheduled for 2015.
Total Estimated Project Cost: $274,000
Expenditures to Date: $ 40,000
Funding Sources:
Federal
$234,000 (BR)
State
$
Local
$
Environmental Permitting
HPA, SEPA, SEC 404, NEPA, County Shorelines
Right -of -Way Acquisition (Estimate)
None Required
County Forces (Estimate)
None
E. Badge
e f
�.._ .,,,... �.
Co
S
% 1 ...
Et M'a'in St` F
, ._ f S�
w
•t_YNDEN Ka h
Hamptoi
UTrom Rd
----_J
Rd. Kok Rd;. _;I y
)
g
-Y
F1
IZ U�)
Poliru e Rd.
,Gc27
"r0
�OQ Abbot Rd. Qf- _
� sr �
c � Cko R iVE,,,�
_
Y gcFot<'Ditch Nolte Rd.
_ -- V n Dyk . C:
Co
0
Rd. _ ,�� �� Rd. ;9-
103 jr 7,
157
Whatcom County Public Works
Project Narrative
South Pass Road / Saar Creek - Bridge No. 212 Replacement
CRP #911004
Construction Funding Year(s): 2014
Project Narrative:
This project is located southeast of Sumas in Section 17, T40N, R5E. This is a project to replace the existing 31 foot
bridge with a 40 foot voided slab bridge. This project is listed #28 on the 2014-2019 Six Year Transportation
Improvement Program.
Project Status:
To be completed by County Forces in 2014.
Total Estimated Project Cost: $250,000
Expenditures to Date: - 0 -
Funding Sources:
Federal
$
State
$
Local
$250,000 (STIP 2014)
Environmental Permitting
HPA, SEPA, SEC 404, County Shorelines
Right -of -Way Acquisition (Estimate)
None Required
County Forces (Estimate)
$120,000
Gc•
CHillview
Bishop Rd.�`z
4 7
t fib•
i �pa�5
� �pJ
I
I,
cridg�Cc.
i r
r
0 So.
ne Rd.
RI
158
Whatcom County Public Works
Project Narrative
Portal Way / Dakota Creek - Bridge No. 500 Seismic Retrofit
CRP #910001
Construction Funding Year(s): 2014
Project Narrative:
This project is located south of Blaine in Section 8, T40N, R1 E. This is a seismic retrofit project to mitigate the risk of
failure in the event of a seismic event. This project is listed #29 on the 2014-2019 Six Year Transportation Improvement
Program.
Project Status:
Design is complete. BRAC funding acquired. Permitting is ongoing. Construction scheduled for 2014.
Total Estimated Project Cost: $3,000,000
Expenditures to Date: $300,000
Funding Sources:
Federal
$2,800,000
State
$0
Local
$200,000
Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines
Right -of -Way Acquisition (Estimate) None Required
County Forces (Estimate) None
Park t i „ , J i.., ....... -
H. Street Rd.
I4-4
BLAINE : "Ju? ` Bo�tt�St
Marina ,OI I T S 75
��..._. g Pipeline Rd. ?
For
Sweet�Rd.ID
Y' •�.. '-- Oat . D+
DRAYTONrHARBOR
`•• Hoi Rd. HaN.
Halls West Rd.
McGee Rd
CBeh
v
`44 t
a w 9
Lincoln Rd.�� Loomis Trail Rd.�
a Rd• -2 Fleet Rd.
p: :-�
Anderson Rd,
1. •,�._.._..,r,-.. _..� .. ,..;,.. i , io e.+-..,'a, i;:a
159
Whatcom County Public Works
Pmject Narrative
N. Lake Samish Road / Lake Samish - Bridge No. 107 Rehabilitation
CRP # 913006
Construction Funding Year(s): TBD
Project Narrative:
This project is located on Lake Samish in Section 27, T37N, R3E. This is a project to rehabilitate the deteriorating timber
deck on the existing 250-foot bridge. This project is listed #33 on the 2014-2019 Six Year Transportation Improvement
Program.
Project Status:
Project will be submitted for funding during the next BRAC grant cycle (estimated 2014)
Total Estimated Project Cost: TBD
Expenditures to Date: $ 0
Funding Sources:
Federal
$0
State
$0
Local
$50,000 (STIP 2014)
Environmental Permitting
To be determined
Right -of -Way Acquisition (Estimate)
None required
County Forces (Estimate)
To be determined
I
te
CHUCKANUT MTN.
aj
Cedar -Lk.
tl
.4 5
4�
Rd.
0 ^r l
NCO I@ t
rl
i WHATCOM COUNTY
BLANCHARD MTN
`s
1
I rare
5 ,
A
t
I
N c�
Xa
A
160
Whatcom County Public Works
Project Narrative
Hannegan Road / Ten Mile Creek - Bridge No. 236 Replacement
CRP # 913007
Construction Funding Year(s): TBD
Project Narrative:
this project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a
project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the
volume of truck traffic present on the Hannegan Road. This project is listed #34 on the 2014-2019 Six Year
Transportation Improvement Program.
Project Status:
Project design will be completed in 2013. Construction funding will be sought once the design is complete.
Total Estimated Project Cost: TBD
Expenditures to Date: $ 0
Funding Sources:
Federal
$0
State
$0
Local
$20,000 (STIP 2014)
Environmental Permitting
To be determined
Right -of -Way Acquisition (Estimate)
None required
County Forces (Estimate)
None
'. King Tut Rd.
/[ t v
�l M
... � JV9S
Cn
cc
.-Hemmi Rd.177 "- E. Hemmi f
LAUREL
aurel Rd.
W. Axton Rd. c E.iAWon
TM"
pe
Bea
`05
m
u1
. Pole Rd.
Green.t
U
Ten Mile Rd.
W
E. Laurel Rd.
o0i
Bellinger Rd.
E. Hemmi
161
Whatcom County Public Works
Project Narrative
Refurbish / Upgrade of the Whatcom Chief
CRP #910012
Construction Funding Year(s): TBD
Project Narrative:
This project involves the upgrade and preservation of the current ferry to Lummi Island, IVI/V Whatcom Chief. The project
definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry.
This project is listed #38 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
Opportunities for project funding will be reviewed as they become available.
Total Estimated Project Cost: TBD
Expenditures to Date: $2,000
Funding Sources:
Federal
$0
State
$0
Local
$10,000 (STIP 2014-2015)
Environmental Permitting
None Required
Right -of -Way Acquisition (Estimate)
None Required
County Forces (Estimate)
N/A
M/V Whatcom Chief
162
Whatcom County Public Works
Project Narrative
Ferry Dock Improvements
CRP #914004
Construction Funding Year(s): 2014 - 2019
Project Narrative:
This project includes improvements to the ferry docks This project is listed #39 on the 2014-2019 Six Year Transportation
Improvement Program.
roject Status:
esign, permitting, and construction activities are ongoing
Total Estimated Project Cost: $1,500,000
Expenditures to Date: N/A
Funding Sources:
Federal
$
State
$
Local
$1,500,000 (STIP 2014-2019)
Environmental Permitting
HPA, SEPA, CORPS 404, COUNTY SHORELINES
Right -of -Way Acquisition (Estimate)
None Required
County Forces (Estimate)
N/A
�Q,
�'4 r
a�
Lummi Pt. ae�e�
Fern Pt. Gooseberry ,
Pt.
N
�t
2
Centerview
Rd,..
JVYS t der W-V
s
c `
oeBay-'Rd. ° 4
Village Pt. Le _ . . , _ c939
Legoe Bay
The Portag(
L�
, A 'p r
N
163
Whatcom County Public Works
Project Narrative
Various Bridges Rehabilitation / Replacement
CRP #914005
Construction Funding Year(s): 2014 - 2019
Project Narrative:
This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #41 on the 2014-
2019 Six Year Transportation Improvement Program.
Project Status:
Design and construction to occur as necessary.
Total Estimated Project Cost: $1,200,000
Expenditures to Date: N/A
Funding Sources:
Federal
$
State
$
Local
$1,200,000 (STIP 2014-2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times.
h:\annual road construction program\2014 acp\2014 project narratives\41 various brdge rehab repl.docx 164
Whatcom County Public Works
Project Narrative
Right of Way Acquisition
CRP # 914006
Construction Funding Year(s): 2014-2019
Project Narrative:
Fhis item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate
action. This project is listed #44 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
N/A
Total Estimated Project Cost: $120,000 / Yr
Expenditures to Date:
Funding Sources:
Federal
$0
State
$0
Local
$120,000/year (STIP 2014 - 2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
N/A
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\44 right of way acquisition.docx 165
Whatcom County Public Works
Project Narrative
Unanticipated Site Improvements
CRP # 914007
Construction Funding Year(s): 2014
Project Narrative:
This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that
require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant
availability and other issues not related to an existing program project. This project is listed #45 on the 2014-2019 Six
Year Transportation Improvement Program.
Project Status:
Design and construction will be completed in 2014.
Total Estimated Project Cost: $1,800,.000
Expenditures to Date:
Funding Sources:
Federal
$0
State
$0
Local
$1,800,000 (STIP 2014 thru 2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
N/A
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\45 unanticipated site improvements 1 Qc
Whatcom County Public Works
Project Narrative
Roadway Frost Depth Detectors
CRP # 913014
Construction Funding Year(s): 2014 - 2015
Project Narrative:
f his item provides funding to address replacement of the County's aging network of roadway frost depth detectors.
These detectors are critical for implementing appropriate roadway restrictions to prevent structural damage following
periods of deep frost. It is listed #46 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
Design and construction to occur in 2014 - 2015.
Total Estimated Project Cost: $100,000
Expenditures to Date: N/A
Funding Sources:
Federal
$
State
$
Local
$100,000 (STIP 2014-2015)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in
2014.
h:\annual road construction program\2014 acp\2014 project narratives\46 roadway frost depth detectors.docx
167
Whatcom County Public Works
Project Narrative
Stormwater Quality Improvements
CRP # 914008
Construction Funding Year(s): 2015
Project Narrative:
This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This
project is listed #47 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
Design and construction will be completed in 2015.
Total Estimated Project Cost: $500,000
Expenditures to Date:
Funding Sources:
Federal
$0
State
$0
Local
$500,000 (STIP 2014-2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\47 stormwater quality improvements.docx
168
Whatcom County Public Works
Project Narrative
Non -motorized Transportation Improvements
CRP # 914009
Construction Funding Year(s): 2014
Project Narrative:
This program item addresses the need to identify and prioritize non -motorized projects for future consideration. Projects
would include pedestrian and bike facilities (eg: sidewalks, trails, shoulder widening) in various locations around the
county. This project is listed #48 on the 2014-2019 Six Year Transportation Improvement Program.
Project Status:
Design and construction will be completed in 2014.
Total Estimated Project Cost: $600,000
Expenditures to Date:
Funding Sources:
Federal
$0
State
$0
Local
$600,000 (STIP 2014 - 2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\48 non -motorized transportation.do,cK
Whatcom County Public Works
Project Narrative
Railroad Crossing Improvements
CRP # 914010
Construction Funding Year(s): 2014
Project Narrative:
Locations to be determined. Identification and prioritization to be addressed. This project is listed #50 on the 2014-2019
Six Year Transportation Improvement Program.
Project Status:
Design and construction will be completed in 2014.
Total Estimated Project Cost: $300,000
Expenditures to Date: - 0 -
Funding Sources:
Federal
$0
State
$0
Local
$300,000 (STIP 2014 - 2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\50 railroad crossing improve ments.docx
170
Whatcom County Public Works
Project Narrative
Neighborhood Traffic Calming
CRP # 914011
Construction Funding Year(s): 2014
Project Narrative:
Locations to be determined. Identification and prioritization to be addressed. This project is listed #51 on the 2014-2019
Six Year Transportation Improvement Program.
Project Status:
Design and construction will be in 2014.
Total Estimated Project Cost: $300,000
Expenditures to Date: - 0 -
Funding Sources:
Federal
$0
State
$0
Local
$300,000 (STIP 2014-2019)
Environmental Permitting
To Be Determined
Right -of -Way Acquisition (Estimate)
To Be Determined
County Forces (Estimate)
To Be Determined
Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate
time.
h:\annual road construction program\2014 acp\2014 project narratives\51 neighborhood traffic calming.docx
171
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013 114
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
10/22/2013
Public Works/Coun
Division Head:
De t. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT.
Resolution approving the Columbia Valley Water District Water Comp. Plan Update
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( X ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Resolution approving the Columbia Valley Water District's 2013 Water System Comprehensive Plan Update
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.wa.us/council.
172
Columbia Valley Water System Plan Update
PROPOSED BY: Consent
SPONSORED BY: Consent
INTRODUCED: October 22, 2013
RESOLUTION NO.
APPROVING THE COLUMBIA VALLEY WATER DISTRICT`S
2013 WATER SYSTEM COMPREHENSIVE PLAN UPDATE
WHEREAS, the Columbia Valley Water District has submitted a proposed update to its
Comprehensive Water System Plan to Whatcom County for review and approval; and
WHEREAS, the District's proposed update complies with the criteria set forth in RCW
57.16.010; and
WHEREAS, RCW 57.16.010 requires that all comprehensive water and sewer system
plans and plan amendment be either approved, conditionally approved, or rejected by the
legislative authority of the county in which the district is located; and
WHEREAS, as required by RCW 57.16.010, the Whatcom County Health Department has
reviewed the proposed plan update and submitted a letter of approval to the County Council; and
WHEREAS, as required by RCW 57.16.010, the Whatcom County Public Works
Engineering Division has submitted a letter of approval to the County Council, with the following
notations:
APPROVAL CONDITIONS:
1. In the event of any conflict between Plan Update Appendix F Drawing Nos
W-01 & W-03 and the 2012.09.25 versions of Whatcom County Standard
Drawings Nos 512.F-1 & 512.F-2 that pertain, respectively, to trench
repairs and pavement overlays on County maintained public (i.e., not
private) roads, the County drawings shall apply; and
2. The 2012.09.25 version of Whatcom County Standard Drawing No 512.D-1
that pertains to standard utility locations within County maintained public
road prisms shall apply.
APPROVAL CLARIFICAITONS:
1. The District will coordinate its planned water system facilities construction
program with the County's planned road construction program.
2. All work that the District performs in a County right-of-way requires a
Revocable Encroachment Permit as a prerequisite.
3. Depending on the scope of work on any given District planned water
system facilities project, the County might also require:
a. Other permits (e.g., building, conditional use, land
disturbance, shoreline) as a prerequisite to project execution.
b. Stormwater management related documentation, with possible
consequent engineered stormwater management system design.
1 173
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the
Columbia Valley Water District's 2013 Water System Comprehensive Plan Update, dated
March 27, 2013, is hereby approved as presented.
APPROVED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
2 174
Wilson
S U R V E Y/ E N G I N E E R I N G
June 10, 2013
Whatcom County Council
311 Grand Avenue, Suite 105
Bellingham, WA 98225
Re: Columbia Valley Water District
2013 Water System Comprehensive Plan Update
Review by County Council — RCW 57.16.010
Dear Council Members:
ti IFIATCCM COUNTY
COUNCIL
Enclosed is a copy of the Columbia Valley Water District's 2013 Water System Comprehensive
Plan Update. In accordance with RCW 57.16.010, the attached comprehensive plan must be
reviewed and approved by the Whatcom County Engineer, the Whatcom County Health Director
and the Whatcom County Council. Copies of the plan have been forwarded to the County Health
Department, the County Engineering Department and the County Planning Department for their
review. The plan has been approved by the County Engineer and the County Health Department
and we have received comments from County Planning (see attached). In accordance with the
referenced RCW, we are providing the enclosed Water System Comprehensive Plan Update for
approval by the County Council.
The plan was also forwarded to WA State Department of Health for review and approval. Their
approval letter is attached.
Pursuant to WAC 197-11-340, Columbia Valley Water District has issued a SEPA Determination of
Non -Significance (DNS) for this non -project report. The DNS and SEPA checklist are included in
the plan at the back of the report. The SEPA review period for this determination is complete.
If you have any questions or require any additional information, please contact our office. We
look forward to receiving Council approval within the next ninety days (RCW 57.16.010(6)).
Sincerely,
Melanie M. Mankamyer, P.E.
Wilson Engineering LLC
Encl.: Columbia Valley Water District, 2013 Water System Comprehensive plan Update
RCW 57.16.010
Whatcom County Health Department Approval Letter
Whatcom County Engineer Approval Letter
Whatcom County Planning Comment Letter
Washington State Department of Health Approval Letter
cc: Beth Morgan, Columbia Valley Water District (w/o enclosure)
WILSON ENGINEERING, LLC 805 Dupont Street, Suite 7, Bellingham, WA 98225 T (360) 733-6100 F (360) 647-9061 www.wilsonengi� ering.com
RCW 57.16.010: General comprehensive plan of improvements —Approval of engineer,... Fage 1 of 2
RCW 57.16.010
General comprehensive plan of improvements — Approval of engineer, director of health, and city, town, or county —
Amendments.
Before ordering any improvements or submitting to vote any proposition for incurring any indebtedness, the district
commissioners shall adopt a general comprehensive plan for the type or types of facilities the district proposes to provide. A
district may prepare a separate general comprehensive plan for each of these services and other services that districts are
permitted to provide, or the district may combine any or all of its comprehensive plans into a single general cumpieliensive
plan.
(1) For a general comprehensive plan of a water supply system, the commissioners shall investigate the several portions
and sections of the district for the purpose of determining the present and reasonably foreseeable future needs thereof; shall
examine and investigate, determine, and select a water supply or water supplies for such district suitable and adequate for
present and reasonably foreseeable future needs thereof; and shall consider and determine a general system or plan for
acquiring such water supply or water supplies, and the lands, waters, and water rights and easements necessary therefor, and
for retaining and storing any such waters, and erecting dams, reservoirs, aqueducts, and pipe lines to convey the same
throughout such district. There may be included as part of the system the installation of fire hydrants at suitable places
throughout the district. The commissioners shall determine a general comprehensive plan for distributing such water
throughout such portion of the district as may then reasonably be served by means of subsidiary aqueducts and pipe lines,
and a long-term plan for financing the planned projects and the method of distributing the cost and expense thereof, including
the creation of local improvement districts or utility local improvement districts, and shall determine whether the whole or part
of the cost and expenses shall be paid from revenue or general obligation bonds.
(2) For a general comprehensive plan for a sewer system, the commissioners shall investigate all portions and sections of
the district and select a general comprehensive plan for a sewer system for the district suitable and adequate for present and
reasonably foreseeable future needs thereof. The general comprehensive plan shall provide for treatment plants and other
methods and services, if any, for the prevention, control, and reduction of water pollution and for the treatment and disposal of
sewage and industrial and other liquid wastes now produced or which may reasonably be expected to be produced within the
district and shall, for such portions of the district as may then reasonably be served, provide for the acquisition or construction
and installation of laterals, trunk sewers, intercepting sewers, syphons, pumping stations or other sewage collection facilities,
septic tanks, septic tank systems or drainfields, and systems for the transmission and treatment of wastewater. The general
comprehensive plan shall provide a long-term plan for financing the planned projects and the method of distributing the cost
and expense of the sewer system and services, including the creation of local improvement districts or utility local
improvement districts; and provide whether the whole or some part of the cost and expenses shall be paid from revenue or
general obligation bonds.
(3) For a general comprehensive plan for a reclaimed water system, the commissioners shall investigate all portions and
sections of the district and select a general comprehensive plan for a reclaimed water system for the district suitable and
adequate for present and reasonably foreseeable future needs thereof. The general comprehensive plan must provide for
treatment plants or the use of existing treatment plants and other methods and services, if any, for reclaiming water and must,
for such portions of the district as may then reasonably be served, provide for a general system or plan for acquiring the lands
and easements necessary therefor, including retaining and storing reclaimed water, and for the acquisition or construction and
installation of mains, transmission mains, pumping stations, hydrants, or other facilities and systems for the reclamation and
transmission of reclaimed water throughout such district for such uses, public and private, as authorized by law. The general
comprehensive plan must provide a long-term plan for financing the planned projects and the method of distributing the cost
and expense of the reclaimed water system and services, including the creation of local improvement districts or utility local
improvement districts; and provide whether the whole or some part of the cost and expenses must be paid from revenue or
general obligation bonds.
(4) For a general comprehensive plan for a drainage system, the commissioners shall investigate all portions and sections
of the district and adopt a general comprehensive plan for a drainage system for the district suitable and adequate for present
and future needs thereof. The general comprehensive plan shall provide for a system to collect, treat, and dispose of storm
water or surface waters, including use of natural systems and the construction or provision of culverts, storm water pipes,
ponds, and other systems. The general comprehensive plan shall provide for a long-term plan for financing the planned
projects and provide for a method of distributing the cost and expense of the drainage system, including local improvement
districts or utility local improvement districts, and provide whether the whole or some part of the cost and expenses shall be
paid from revenue or general obligation bonds.
(5) For a general comprehensive plan for street lighting, the commissioners shall investigate all portions and sections of the
district and adopt a general comprehensive plan for street lighting for the district suitable and adequate for present and future
needs thereof. The general comprehensive plan shall provide for a system or systems of street lighting, provide for a long-term
plan for financing the planned projects, and provide for a method of distributing the cost and expense of the street lighting
system, including local improvement districts or utility local improvement districts, and provide whether the whole or some part
of the cost and expenses shall be paid from revenue or general obligation bonds.
176
htta://aaas.le v.wa. vov/rcw/default.asox?cite=57.16.010 6/ 10/2013
RCW 57.16.010: General comprehensive plan of improvements — Approval of engineer, ... Page 2 of 2
(6) The commissioners may employ such engineering and legal service as in their discretion is necessary in carrying out
their duties.
(7) Any general comprehensive plan or plans shall be adopted by resolution and submitted to an engineer designated by
the legislative authority of the county in which fifty-one percent or more of the area of the district is located, and to the director
of health of the county in which the district or any portion thereof is located, and must be approved in writing by the engineer
and director of health, except that a comprehensive plan relating to street lighting shall not be submitted to or approved by the
director of health. The general comprehensive plan shall be approved, conditionally approved, or rejected by the director of
Health and by the designated engineer within sixty days of their respective receipt of the plan. However, this sixty-day time
limitation may be extended by the director of health or engineer for up to an additional sixty days if sufficient time is not
available to review adequately the general comprehensive plans.
Before becoming effective, the general comprehensive plan shall also be submitted to, and approved by resolution of, the
legislative authority of every county within whose boundaries all or a portion of the district lies. The general comprehensive
plan shall be approved, conditionally approved, or rejected by each of the county legislative authorities pursuant to the criteria
in RCW 57.02.040 for approving the formation, reorganization, annexation, consolidation, or merger of districts. The resolution,
ordinance, or motion of the legislative body that rejects the comprehensive plan or a part thereof shall specifically state in what
particular the comprehensive plan or part thereof rejected fails to meet these criteria. The general comprehensive plan shall
not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Nothing in
this chapter shall preclude a county from rejecting a proposed plan because it is in conflict with the criteria in RCW 57.02.040.
Each general comprehensive plan shall be deemed approved if the county legislative authority fails to reject or conditionally
approve the plan within ninety days ofthe plan's submission to the county legislative authority or within thirty days of a hearing
on the plan when the hearing is held within ninety days of submission to the county legislative authority. However, a county
legislative authority may extend this ninety -day time limitation by up to an additional ninety days where a finding is made that
ninety days is insufficient to review adequately the general comprehensive plan. In addition, the commissioners and the county
legislative authority may mutually agree to an extension of the deadlines in this section.
If the district includes portions or all of one or more cities or towns, the general comprehensive plan shall be submitted also
to, and approved by resolution of, the legislative authorities of the cities and towns before becoming effective. The general
comprehensive plan shall be deemed approved by the city or town legislative authority if the city or town legislative authority
fails to reject or conditionally approve the plan within ninety days of the plan's submission to the city or town or within thirty
days of a hearing on the plan when the hearing is held within ninety days of submission to the county legislative authority.
However, a city or town legislative authority may extend this time limitation by up to an additional ninety days where a finding
is made that insufficient time exists to adequately review the general comprehensive plan within these time limitations. In
addition, the commissioners and the city or town legislative authority may mutually agree to an extension of the deadlines in
this section.
Before becoming effective, the general comprehensive plan shall be approved by any state agency whose approval may be
required by applicable law. Before becoming effective, any amendment to, alteration of, or addition to, a general
comprehensive plan shall also be subject to such approval as if it were a new general comprehensive plan. However, only if
the amendment, alteration, or addition affects a particular city or town, shall the amendment, alteration, or addition be subject
to approval by such particular city or town governing body.
[2009 c 253 § 4; 1997 c 447 § 18; 1996 'c 230 § 501; 1990 1 st ex.s. c 17 § 35; 1989 c 389 § 10; 1982 c 213 § 2; 1979 c 23 § 2;
1977 ex.s. c 299 § 3; 1959 c 108 § 6; 1959 c 18 § 6. Prior: 1939 c 128 § 2, part; 1937 c 177 § 1; 1929 c 114 § 10, part; RRS §
11588. Cf. 1913 c 161 §10.1
Notes:
Finding -- Purpose --1997 c 447: See note following RCW 70.05.074.
Part headings not law -- Effective date --1996 c 230: See notes following RCW 57.02.001.
Severability -- Part, section headings not law --1990 1st ex.s. c 17: See RCW 36.70A.900 and
36.70A.901.
177
http://apps.leg.wa.gov/rcw/default.aspx?cite=57.16.010 6/10/2013
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FULL PLAN ON FILE AND AVAILABLE FOR REVIEW
IN THE COUNCIL OFFICE
(APPROXIMATELY 500 PAGES, INCLUDING NUMEROUS COLORED MAPS)
178
Leading the community in promoting health
and preventing disease.
April 8, 2013
Melanie Mankamyer, P.E.
Wilson Engineering, LLC
805 Dupont Street #7
Bellingham, WA 98225
Dear. Ms. Mankamyer,
Regina A. Delahunt
D i recta r
Greg Stern, M.D.
Health Officer
Pursuant to RCW 57.16.01(7), the Whatcom County Health Department has reviewed
and hereby approves the Columbia Valley Water District's 2013 Water System Plan
Update as submitted.
If you have any questions, please feel free to contact me.
Sincerely,
1:11V11U11111G11L-d1 r1t al L11 1VidilagG1
Cc: Dana Brown -Davis -County Council
509 Girard Street 1500 North State Street
Bellingham, WA 98225-4005 PUIBILICBellingham, WA 98225-4551
(360) 676-6724 HLT1160 AT06 6U14TY (360) 676-4593
FAX (360) 676-6771 www.whatcomcounty.us/health FAX (360) 676-6772
179
PUBLIC WORKS DEPARTMENT
FRANK M. ABART ��`oM �O�z
DIRECTOR `
�`SH IN G4
Ms Melanie Mankamyer, PE
Wilson Engineering, LLC
805 Dupont Street
Suite 71
Bellingham, WA 98225
ENGINEERING SERVICES
JOSEPH P. RUTAN, P.E.
County Engineer/Assistant Director
5280 Northwest Drive
Bellingham, WA 98226-9098
Phone: 360.676.•6730
Fax: 360.676.6558
May 24, 2013
Subject: Columbia Valley Water District 2013 Water System Plan Update
Reference: (a) Your 2013.04.01 and 2013.04.24 letters same subject
(b) RCW 57.16.010(6)
Dear Ms Mankamyer:
In reply to reference (a) letters, and in accordance with reference (b) RCW, I hereby
conditionally approve subject Columbia Valley Water District 2013 Water System Plan Update.
My two approval conditions follow:
1. In the event of any conflict between Plan Update Appendix F Drawing Nos W-01 & W-03
and the 2012.09.25 versions of Whatcom County Standard Drawing Nos 512.F-1 &
512.F-2 (copies attached) that pertain, respectively, to trench repairs and pavement
overlays on County maintained public (i.e., not private) roads, the County drawings shall
apply, and
2. The 2012.09.25 version of Whatcom County Standard Drawing No 512.D-1 that pertains
to standard utility locations within County maintained public road prisms (copy
attached) shall apply.
Please also note the following related to this approval:
I am pleased to see that Plan Update Section 8.1 on page 69 specifically mentions that
the District will coordinate its planned water system facilities construction program with
the County's planned road construction program.
All work performed in a County public road right-of-way requires a Revocable
Encroachment Permit (which Plan Update Appendix F Drawing No W-01 Note No 3
refers to as a "right-of-way use permit") as a prerequisite. See Whatcom County Code
(WCC) 12.16 for additional information. Gary Johnson, 360.676.6730, is the County's
Revocable Encroachment Permit coordinator.
\\co..whatcom..wa..us\root\DeptShaie\EN\DEVELOPMENT\Projects\Comprehensive Plan Reviews\Columbia Valley Water District\2013 Upda 0
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WHATCOM COUNTY
Planning & Development Services
5280 Northwest Drive
Bellingham, WA 98226-9097
360-676-6907, TTY 800-833-6384
360-738-2525 Fax
May 21, 2013
Columbia Valley Water District
C/O Melanie Mankamyer, PE
Wilson Engineering
805 Dupont St., Suite 7
Bellingham, WA 98225
Dear Ms. Mankamyer:
�GOM COV
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J.E. "Sam" Ryan
Director
Thank you for submitting the Columbia Valley Water District 2013 Water System
Plan Update for review on April 2, 2013. Whatcom County Long Range Planning
Division Manager Mark Personius and I appreciate the time that Commissioner
Richard Banel, District Manager Beth Morgan and you spent with us discussing the
Water System Plan on May 13, 2013.
As you know, the Growth Management Act (GMA) requires a high level of
coordination between capital facility planning and land use planning. It is our goal
that water system planning will be consistent with the Growth Management Act
(GMA), the Whatcom County Comprehensive Plan and the Foothills Subarea Plan,
and support planned urban land uses in the Columbia Valley Urban Growth Area
(UGA).
Planning and Development Services, was pleased to see the level of professionalism
and detail in the Water System Plan update. We appreciate the District's water
planning efforts. We also recognize a need to coordinate land use and utility
planning as the County undertakes a multi -year process to update the Whatcom
County Comprehensive Plan and conduct the UGA review by the June 30, 2016.
Service Area Boundary
The service area shown on Figure 1-3 (p. 5) and other maps in the District's Water
System Plan does not match the service area boundary in the Coordinated Water
System Plan (CWSP). We -request that the District review the procedures outlined
in Exhibit 4-3 of the CWSP and submit the "Declaration of Water Utility Service
Area," which is Exhibit 4-2 in the CWSP, in order to revise the service area
boundary (Exhibits 4-2 and 4-3 are attached). This declaration should be
submitted to Larry Kwiatkowski at Planning & Development Services. This should
be accomplished in conjunction with the 2013 Water System Plan update.
183
As we discussed, it may be appropriate to amend the Water System Plan in 2016 to
coordinate with the County's land use planning efforts. We have provided
comments below that relate to a potential 2016 amendment to the Water System
Plan.
1. Water System Plan Purpose
We would like to see the following text, shown with underlining, added to the first
paragraph in Chapter 1:
"... The Water System Plan (Plan) was prepared in accordance with
Washington State Department of Health (DOH) requirements. The Plan was
also prepared to provide water service to the portion of the Columbia Valley
Urban Growth Area that is within the District's boundaries, in accordance with
the Growth Management Act and Whatcom County Comprehensive Plan."
2. Planning Horizon Year
The current Whatcom County Comprehensive Plan has a planning horizon year of
2029. The planning horizon year for the new Water System Plan is 2030.
As mentioned, the Growth Management Act requires the County to update the
Comprehensive Plan by June 2016. At that time, we will have a. new planning
horizon year extending to 2036. It would be ideal to coordinate adoption of a
Water System Plan amendment with the Comprehensive Plan update process so
that both documents have the same 2036 planning horizon.
3. Household Projections
The Water System Plan update does not include population projections, but does
include a 2030 projection of equivalent residential units (ERUs). The Water System
Plan projects that there will be a total of 1,242 ERUs in the District by 2030 (p. 36).
As we discussed, it appears that this consists of:
• Residential: 1 J49
• Recreational: 45 (p.37)
• Light Industrial: 44 (p. 30)
• Other (Church/Dist. Office): 4 (p. 301
Total 1,242
The current Whatcom County 20-Year Capital Facilities Plan "Appendix 1 Growth
Estimates by Special District" contains a projection of households in 2029. Because
the service area has been reduced in size in the updated Water System Plan, these
numbers are not directly comparable. However, in the next update, we need to
ensure that the growth projections in the Water System Plan are consistent with the
projections in the Whatcom County Comprehensive Plan.
4. 20-Year Capital Facilities Plan
The GMA, at RCW 36.70A.070(3), requires a capital facilities plan to include a
forecast of future needs, proposed improvements and at least a six -year plan that
will finance capital facilities within projected funding capacities and clearly identifies
sources of public money for such purposes. These GMA requirements apply to the
entire County (rural areas, resource lands and UGAs). However, because some
provisions in the GMA apply to UGAs but not to other areas (i.e. RCW 36.70A.110),
the Growth Management Hearings Board has required a plan for the entire 20-year
planning period for UGAs. Specifically, the Growth Management Hearings Board:
. has long held that these two requirements [RCW 36.70A.070(3)(b) and
36.70A.110(3)] read together obligate counties and cities to include in the
comprehensive plan's capital facilities element the proposed locations,
capacities, and funding for the 20-year planning period covered by the
comprehensive plan... (Skagit County Growthwatch v. Skagit County, Case
No. 07-2-0002, Final Decision and Order, Aug. 6, 2007).
The Water System Plan update has a "Ten Year Capital Improvement Program"
through the year 2022 (Chapter 8, Fig. 8-2). Based upon the Growth Board's
ruling, we request that the next amendment to the Water System Plan extend the
capital improvement program through the up -coming 20-year planning period
(through the year 2036).
Additionally, while the GMA requires a six -year financing plan, the Growth
Management Hearings Board has required a funding plan for the 20-year planning
period. Whatcom County e-mailed the State Department of Commerce on April 23,
2013 asking for guidance relating to what level of detail is needed to demonstrate
"funding for the 20-year planning period." We have not yet received guidance from
the State on this issue.
5. Water Service to the Planned Light Impact Industrial Designation
As you know, the Foothills Subarea Plan designated a planned light impact
industrial area north of Limestone Rd., in the UGA. The interlocal agreement
between Whatcom County and the Columbia Valley Water District (2010) indicates
that the District will plan for water service to this area. We appreciate the fact that
the Water System Plan provides a projection of ERUs for this industrial area (p. 30)
and the Ten Year Capital Improvement Program includes a new main line to the
future north service area (Chapter 8, Figure 8.2).
The GMA, at RCW 36.70A.070(3), requires a capital facilities plan to show the
proposed locations and capacities of expanded or new capital facilities. The Growth
Management Hearings Board has interpreted this to be over the 20-year planning
period. While we understand that no industrial uses are proposed at the current
time, we would like to see at least a conceptual plan showing how a water line
could be extended to the planned light impact industrial land use designation within
the UGA. You indicated at our meeting on May 13 that the "flow velocity" lines on
Figure 1-7A (p. 16) indicate a schematic representation of locations of future water
lines. The planned water lines should be explicitly labeled as such in the next
update.
6. Sewer Service Feasibility
We appreciate the reference to the future sewer service feasibility study (p. 12) in
accordance with section 4 of the Interlocal Agreement between Whatcom County
and Columbia Valley Water District (2010).
185
3
7. Miscellaneous Comments
The following comments should also be addressed in the next amendment to the
Water System Plan:
a, We request that you modify p. 11 of the Water System Plan as follows
"Whatcom County Comprehensive Plan, updated NevernbeF 2909." The
Comp Plan is typically updated every year. Therefore, we request that you
delete the reference to 2009.
b. The appeal process on p. 20 of the Water System Plan omits the reference in
Section 9.2 of the Coordinated Water System Plan (CWSP) to the Water
Utility Coordinating Committee. Section 9.2 of the CWSP is specifically
referenced in WCC 20.92.210(17) relating to final decisions by the hearing
examiner. Please note that the CWSP may be updated prior to the next
Water System Plan amendment. If this occurs, we would need to review the
Water System Plan update for consistency with the appeals process in the
updated CWSP.
The Whatcom County Planning and Development Service Department appreciates
the work of the District's Commissioners and engineers to plan water service in the
portion of the Columbia Valley UGA within the District's service area. We look
forward to coordinating with the District on a possible amendment to the Water
System Plan, if needed, to address changes to growth planning that occur with the
2016 update.
Thank you for sending the State Department of Health approval letter (dated April
29, 2013) and County Health Department approval letter (dated April 8, 2013) in
your e-mail of May 6, 2013. As we discussed, the Water System Plan must also be
reviewed and approved by County Engineering and the County Council pursuant to
RCW 57.16.010(7).
We appreciate the District's willingness to sit down and talk about these issues and
we look forward to coordinating land use and utility planning in the future.
Sincerely,
Matt Aa.mot
Senior Planner
CC: Richard Banel, Columbia Valley Water District Commissioner
Beth Morgan, Columbia Valley Water District Manager
Mark Personius, Whatcom County Planning Division Manager
Kyle Dodd, Whatcom. County Health Department
Planning Division\Long Range Planning\Capital Facilities\Columbia Valley\water\pds-comments-c -water-dist-plan-20130521
4 186
STATE OF WASHINGTON
DEPARTMENT OF HEALTH
NORTHWEST DRINKING WATER REGIONAL OPERATIONS
20425 72nd Avenue South, Suite 310, Kent, Washington 98032-2388
April 29, 2013
Board of Commissioners
Columbia Valley Water District
6229 Azure Way
Maple Falls, WA 98266
RE: Columbia Valley Water District, ID#66110
Whatcom County
Water System Plan —2013
Submittal # 12-0614
Dear Commissioners:
The Columbia Valley Water District (the District) water system plan (WSP), received in this office
on June 1, 2012, with a subsequent submittal on April 3, 2013 and April 29, 2013, have been
reviewed and in accordance with the provisions of WAC 246-290-100, is hereby APPROVED.
Approval of this WSP is valid as it relates to current standards outlined in Washington
Administrative Code (WAC) 246-290 revised March 18, 2012, WAC 246-293 revised September
1997, RCW 70.116, and is subject to the qualifications herein. Future revisions in the rules and
statutes maybe more stringent and require facility modification or, corrective action. An approved
update of this WSP is required on or before April 29, 2019, unless ODW requests an update or plan
amendment pursuant to WAC 246-290-100(9).
APPROVED NUMBER OF CONNECTIONS
The analysis provided in this WSP shows the water system has sufficient capacity to meet the growth
projections during this planning period. The District's water system can support an "unspecified"
designation for its approved number of connections. A specific number of approved connections will
not be applied at this time. Development may occur in compliance with the schedule and
information provided in this WSP., This designation may be rescinded (and replaced with a specified
number of approved connections) if ODW determines that the WSP is no longer representative of
system activities.
LOCAL GOVERNMENT CONSISTENCY
This document meets local government consistency requirements for WSP approval pursuant to
RCW 90..03.386 and RCW 43.20,
Columbia Valley Water District
April 29, 2013
Page 2
SERVICE AREA AND DUTY TO SERVE
Pursuant to RCW 90,03.386(2), the service area identified in this WSP service area map may now
represent expanded "place of use" for this system's water rights. Changes in service area should be
made through a WSP amendment.
The District has a duty to provide new water service within its retail service area. This WSP
includes service policies to describe how your system plans to provide new service within your retail
service area.
CONSTRUCTION WAIVERS
Standard Construction Specifications for• distribution main extensions in this WSP are approved..
Consistent with WAC 246-290-125(2), this system may proceed with the installation of distribution
main extensions provided this system completes and keeps on file the enclosed construction
completion report form in accordance with WAC 246-290-125(2) and WAC 246-290-120(5) and
makes it available for review upon request by ODW.
WATER RESOURCES
Below is the general regulatory language that applies to all water system approvals;
This approval does riot Provide airy guarantee and should not be considered to provide any guarantee
concerning legal use of water or subsequent water rights decisions by the Department of Ecology. Questions
concerning water rights should be directed to the Department of Ecology.
Thank you for your cooperation. Whatcom County is being notified of the terms and requirements of
this approval and the determination of the approved number of connections.. If you have any
questions or wish to check our records, you may contact either of us at the numbers listed below.
Since )y,
I , .
Richard Rodriguez ,
Regional Planner
(253) 395-6771
Encl: Construction Completion Report
John Thielemann, P.E.
Regional Engineer
(253)395-6761
cc: Larry Kwiatkowski, Whatcom Co. Planning & Development Services
Whatcom County Health Dept._
Jacque K1ug,.WSDOE, NWRO
Melanie Mankamyer, P.E:, Wilson Engineering
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 201
CLEARANCES
Ini ial
D e
Date Received in Council Office
Agenda Date
Assi ned to:
1 -7
10/22/13
PW/Council
Originator:
0C T �
Division Head:
y�i ��
Dept. Head:NA
p_U trS O ty j A,
Prosecutor:.,
33 Z�
Purchasin /Bud et:
Executive:
TITLE OF DOCU NT: A Resolution to Consider Vacating a Portion of Glendale Drive
ATTACHMENTS. 1. Cover Memo
2. Resolution
3. Neighboring Land Owner's Petition
4. Map of Site
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 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 Resolution to Consider Vacating a Portion of Bridgewater Street (Shipyard Road) and
Dearborn Avenue is submitted per RCW 58.17 & 36.87 and WCC 12-20.
Adoption of this resolution will trigger the County Engineer to report on the proposed vacation at a future
Council meeting. Once the County Engineer's report is submitted the road vacation will be considered by
Council under a separate resolution and a public hearing will need to be scheduled.
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.
We
WHATCOM COUNTY �GOM co
PUBLIC WORKS DEPARTMENT
A CIVIC CENTER
FRANK M. ABART 322 N. Commercial Street, Suite 210
DIRECTOR Bellingham, WA 98225-4042
�gsH�NG�0 Telephone: (360) 676-6876
F 38-2468
E C C: -, 11 - - " V- - MLM��6��c n .us
OCT 11 2013
M E M O R A N D U M JACK L
OUWS
COUNTY CI
To: The Honorable County Executive Jack Louws and Honorable Members o e
County Council
Through: Frank M. Abart, Directo'
From: Andrew Hester, Public Works Real Estate Coordinator r "
Date: October 7, 2013
Re: A Resolution to Consider Vacating a Portion of Glendale Drive
The attached petition asks for vacation of approximately 6,600 square feet of right of way, more
or less, of Glendale Drive.
Recommended Action
The attached petition for vacation meets all statutory requirements. It is recommended that the
County Council direct the County Engineer to investigate and report his findings to the County
Council.
Please contact me at extension 50571 if you have any questions regarding this action.
Encl.
190
I SPONSORED BY:
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE:
4 RESOLUTION NO.
5
6 A RESOLUTION TO CONSIDER VACATING A PORTION OF GLENDALE DRIVE
7
8 WHEREAS, on July 16, 2013; Tyler Lankhaar, Tyler Ryan, and Aretha Ryan, submitted a petition for
9 the vacation of a portion of Glendale Drive lying within the unincorporated area of Whatcom County,
10 accompanied by the penal sum of $790.00, and,
11 WHEREAS, as described in RCW 36.87.010, when a county road or any part thereof is considered
12 useless the Whatcom County Council may declare its intention to formally consider vacation, by
13 resolution.
14 NOW, THEREFORE, BE IT RESOLVED that it is the intention of the Whatcom County
15 Council to consider vacation of the following described right of way:
16
17 All that portion of Glendale Drive abutting Lots 56 and 55, "Plat of Harborview Estates"
18 according to the plat thereof, recorded in Volume 14 of Plats, Pages 62, 63, and 64 records of
19 Whatcom County, Washington.
20
21 Subject to and/or together with all easements, covenants, restrictions and/or agreements
22 of record or otherwise. Also subject to Whatcom County retaining an easement the
23 length of the area to be vacated for utilities and drainage.
24
25 AND BE IT FURTHER RESOLVED that the County Engineer investigate and report to the County
26 Council on the matter of the proposed vacation of said portion of Glendale Drive so that the Council
27 may set a public hearing on the matter.
28 APPROVED this day of 12013
29
30 ATTEST:
31
32
33 Dana Brown -Davis, County Clerk
34
35
36 APPROVED AS TO FORM:
37
38
39 Chief Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
191
BEFORE THE WHATCOM COUNTY COUNCIL
IN THE MATTER OF VACATION OF )
THE COUNTY ROAD KNOWN AS )
G Ieve MQ ) PETITION FOR VACATION
OF PLATTED ROAD
Petitioned for by: ) (RCW 58.17 AND 36.87)
f )
�4ter 5 Lon k�oor
et.a� 1.�' )
Pursuant to Whatcom County Ordinance No. 1-72, dated February 14, 1972, the undersigned and those
signing attached petition, which bears signatures and property descriptions of five land owners residing in
the vicinity of said road, request vacation of the county road hereinafter described, and agree with the
statements below:
1. Petitioners are residents of Whatcom County and owners of real property in the vicinity of the road
sought to be vacated.
2. The road sought to be vacated is legally described as follows: A! S
j G ierljo q
3. The pertinent facts in uppo of this petition are: I X e e �l i i hh C fn r %►�" ��� ���� � ,
and ik (a►�� w171 be mot"-VA;nec� 7-)r la,,(J ;w5 Lojk5 r►►�c1 �; mes_S i willbe-
4. The road to be vacated is useless as a part of the County road system and the public will benefit by its 61ec,,j cc '
vacation and abandonment. UP
5. Petitioners will pay all costs and expenses incurred by the Count in examination, report, notice and
proceedings pertaining to this petition.
6. A bond in the penal sum of ($®, payable to Whatcom County Treasurer, accompanies this petition.
7. The application fee accompanies this petition.
WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a
hearing take place on this report, and that an order be entered vacating and abandoning said road.
CONTACT PERSON:5
i Tcalc� 5 L
aoa Scafni r Tr
BtGl^e q 1?a 3o
360 CIS 6 3 55
Signed this _� day of X ,I, 20 J 3.
Page 1 of 2
192
WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a
hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A
minimum of five signatures is required by law; see statement near the beginning of page l ).
PETITIONERS' NAMES: Property owned by petitioner (Hart of sec. or name of plat, see (lot), TWP,
(Blk) Range):
A map of the road proposed to be vacated and surrounding properties, with each of the above signed
petitioners properties indicated thereon, shall be attached to this petition in order for it to be accepted
in the County Council Office.
Page 2 of 2
1ARecotds Assistant\WEB FOLDER\Road Vacation Petition 2013.doc
193
Loi A ,
c-at57
Lu'54
M
WHEREFORE, petitioners request the County Road Engineer to report upon this petition, that a
hearing take place on this report, and an order be entered vacating and abandoning said road. (NOTE: A
minimum of five signatures is required by law; see statement near the beginning of page 1).
PETITIONERS' NAMES: Property owned by petitioner apart of sec, or name of plat, see (lot), TWP,
(Blk) Ranae):
-�Zld
A map of the road proposed to be vacated and surrounding properties, with each of the above signed
petitioners properties indicated thereon, shall be attached to this petition in order for it to be accepted
in the County Council Office.
Page 2 of 2
194
195
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WHATCOM COUNTY, WASHINGTON
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197
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-328
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
Gary Davis
6AO
1018/2013
Introduction
C�� r� a ��-
I_� I_L"__, Il [ L��j
�.-'
P&D/Council
Division Head:
c,
1 ZS '��,7
10/22/2013
Mark Personius�
OCT Q Ids°
Dept. Head:
Sam Ryan
G p
Prosecutor:
Royce Buckingham
®
WHA O COUNTY
COUNCIL
Purchasing/Budget:
Executive:
Jack Louws
4U#fNT.-
TITLE OF DO
Title 20 Update
ATTACHMENTS:
1. Proposed Ordinance, including draft amendments and Findings of Fact and Reasons for Action
2. Staff Report
3. Memorandum from Title 20 Review Advisory Committee
4. Findings of the Planning Commission
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? (X t) Yes O NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date
'The Council must hold a hearing ifthey want to take action that differs from the
Planning Commission's recommendation WCC2.160.100(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.)
A proposed ordinance to amend the Whatcom County Code Title 20 (Zoning) to correct errors and provide clarification to various
sections throughout Title 20, affecting WCC Chapters 20.13 Wireless Communication Facilities, 20.20 Urban Residential District,
20.22 Urban Residential Medium Density District, 20.32 Residential Rural District, 20.34 Rural Residential Island District, 20.35 Eliza
Island District, 20.36 Rural District, 20.37 Point Roberts Transitional Zone District, 20.40 Agriculture District, 20.42 Rural Forestry
District, 20.44 Recreation and Open Space District, 20.59 Rural General Commercial District, 20.60 Neighborhood Commercial Center
District, 20.61 Small Town Commercial District, 20.62 General Commercial District, 20.63 Tourist Commercial District, 20.64 Resort
Commercial District, 20.65 Gateway Industrial District, 20.66 Light Impact Industrial District, 20.67 General Manufacturing District,
20.68 Heavy Impact Industrial, 20.69 Rural Industrial and Manufacturing District, 20.70 Airport Operations District, 20.71 Water
Resources Protection Overlay District, 20.72 Point Roberts Special District, 20.73 Mineral Resource Lands Special District, 20.78
Transportation Concurrency Management, 20.80 Supplementary Requirements, 20.83 Nonconforming Uses and Parcels, 20.84
Variances, Conditional Uses, Administrative Approval Uses and Appeals, 20.85 Planned Unit Development, 20.90 Amendments, and
20.97 Definitions.
COMMITTEE ACTION.•
COUNCIL ACTION.
10/8/2013: Introduced
Related County Contract #:
Related File Numbers:
-T
Ordinance or Resolution Number:
PLN2012-00011
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.
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO.
ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING, TO
CORRECT ERRORS AND PROVIDE CLARIFICATION
WHEREAS, the Whatcom County Code Title 20 (Zoning) contains passages
that can cause confusion due to unclear wording or outdated references; and
WHEREAS, a citizens advisory committee has assisted Whatcom County
Planning and Development Services staff in identifying and these passages and
developing code amendments to correct them; and
WHEREAS, legal notice requirements have been met; and
WHEREAS, the County Council. finds the Zoning Code amendments in the
interest of the public health, safety, and welfare, based on the following findings
and conclusions:
FINDINGS OF FACT:
1. The County Executive appointed a Title 20 Review Advisory Committee to
work with Planning and Development Services staff to correct errors and
eliminate inconsistencies in the County's Zoning Code.
2. The committee and staff met eight times in early 2013 and forwarded a
memorandum to the Executive in July, 2013 outlining its recommendations,
including the proposed amendments.
3. A State Environmental Policy Act (SEPA) determination of non -significance
(DNS) was distributed on August 26, 2013.
4. The proposed amendment was posted on the County website August 22,
2013.
5. Notice that the proposal had been posted on the County website was sent to
citizen, media and other groups on the County's e-mail list August 22, 2013.
6. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on August 1, 2013.
7. Notice of the Planning Commission hearing for the subject amendment was
published in the Bellingham Herald on August 30, 2013.
199
Title 20 Update Ordinance September 26, 2013
8. Notice of the Planning Commission hearing for the subject amendment was
posted on the County's website on August 22, 2013.
9. The Planning Commission held a public hearing on the subject amendment
on September 12, 2013.
10. In order to approve the text amendment, the County must find that is
consistent with the Growth Management Act. Additionally, the County must
find that the zoning amendment is consistent with and implements the
Whatcom County Comprehensive Plan.
CONCLUSIONS
1. The subject zoning amendment complies with the Growth Management Act.
2. The subject zoning amendment is consistent and implements the Whatcom
County Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council
that:
Section 1. The Whatcom County Official Zoning Code is hereby amended as shown
in Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of
this Ordinance shall not affect or impair the validity of the Ordinance as a whole or
any part thereof other than the part so declared to be invalid.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROV D as to form:
vl Deputy Prosecutor
2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
01
Kathy Kershner, Council Chair
( ) Approved( ) Denied
Jack Louws, Executive
Date:
200
EXHIBIT A
Whatcom County Code Title 20 Zoning
Amendments
Chapter 20.13
WIRELESS COMMUNICATIONS FACILITIES
20.13.110 Special exceptions.
When adherence to all development standards of this chapter would result in a
physical barrier which would block signal reception or transmission or prevent effec-
tive communication in all permissible locations, a special exception may be permit-
ted provided criteria outlined below are met. Exceptions do not apply to variations
from the current code as adopted and amended per Whatcom County Code, Title
15, Buildina & Construction. UnifeFm Building Ce A variance pursuant to Chapter
20.84 WCC is required for variations from applicable zoning regulations not de-
scribed in this section.
Chapter 20.20
URBAN RESIDENTIAL (UR) DISTRICT
.135 Reserved. One private, noncommercial, recreational vehicle or park model
trailer and one accessory guest RV per lot within pre-existing recreational subdivi-
sions of the Foothills Subarea, as listed in WCC 20.97.337;provided, that the fol-
lowing minimum requirements and standards are met and/or followed:
(1) All recreational vehicles that remain on the site for more than 14 consecutive
days shall be connected to a permitted on -site sewage system or public sewer.
(2) Maximum length of occupation of a recreational vehicle shall not exceed 120
days per calendar year; provided, that no accessory guest recreational vehicle shall
stay on the lot for more than 14 consecutive days nor more than 30 days total per
calendar year.
201
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(3) All recreational vehicles shall be screened from neighboring properties not using
RVs and from public roads. Such screening may consist of landscaped buffer areas,
suitable native vegetation or a fence.
(4) Lots shall not be leased or rented out on a daily or overnight basis for recrea-
tional use.
(5) Accessory structures shall be limited to storage, shop, garage, carport and/or
similar personal use only and shall not exceed a total of 200 square feet in floor ar-
ea per lot; provided, that the 200-square foot limitation shall not apply to that por-
tion of a carport covering the RV. -
(6) The locations of parked RVs on vacant lots shall observe normal building set-
back standards for a single-family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper
jacks, and not be fastened to accessory structures.
Chapter 20.22
URBAN RESIDENTIAL — MEDIUM DENSITY (URM) DISTRICT
20.22.656 Driveways.
(1) In the Bellingham Urban Growth Area, the city of Bellingham's design and
development standards and guidelines shall apply (see WCC 20.22.665).
(2) Consistent with WCC 20.80.640, driveway plans shall be reviewed by the
county engineer or State Department of High vayysTransportation.
Chapter 20.32
RESIDENTIAL RURAL (RR) DISTRICT
.135 Cottage industries employing no more than two people on -site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.G8-7089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
2
202
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
20.32.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.1
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to re-
duce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of aes-
thetic values including view corridors, and preservation of potential trail and recrea-
tion areas.
20.32.310 Design standards. (Adopted by reference in WCCP Chapter 2.1
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In urban growth areas and urban growth area reserves, interi-
or streets shall be designed to allow access to the "reserve tract" for the purpose of
future approved development in urban growth areas and urban growth area re-
serves.
20.32.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.1
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
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open space purposes. All "reserve tracts" created through the subdivision process
shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this chapter, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The "reserve tract' may be further subdivided only through the long subdivision
process and only under the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.32.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
the original developer or a third party, no property owner within the original subdi-
vision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract.
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the orig-
inal subdivision will be significantly adversely affected or suffer a substantial de-
crease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat. The
number of developable building sites remaining (if any) with the original parcel of
record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective purchas-
ers of building lots or "reserve tracts." Any remaining density beyond the number
of lots created on the plat may be assigned to either the lots or the reserve tract,
but future subdivision shall not reduce the size of the reserve area below the mini-
mum percentage of the original parent parcel required in WCC 20.32.253.
(5) The above requirements in subsections (2) to (4) of this section shall be rec-
orded as a deed restriction at the time of filing of the final plat or short plat, and
shall constitute an agreement between Whatcom County and the owner of record.
Said deed restriction may be amended by mutual agreement between said parties
after review for consistency and compliance with the Official Whatcom County Zon-
ing Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom Coun-
ty Comprehensive Plan.
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September 12, 2013 Planning Commission Recommendation
20.32.450 Lot coverage. (Adopted by reference in WCCP Chapter 2.1
No structure or combination of structures shall occupy or cover more than 5,000
square feet or 20 percent, whichever is greater, of the total area, not to exceed
25,000 square feet. Buildings used for livestock or agricultural products shall be ex-
empt from this lot coverage requirement.
20.32.656 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
Chapter 20.34
RURAL RESIDENTIAL -ISLAND (RR -I) DISTRICT
20.34.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.134 Cottage industries employing no more than two people on -site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.087089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed eight square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
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September 12, 2013 Planning Commission Recommendation
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
20.34.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.�
(1) The purpose of lot clustering is to preserve the rural character of Lummi Island
and to provide an alternative method of creating economical building lots with spa-
tially efficient sizes. Clustering is intended to reduce development cost and increase
energy efficiency and reserve areas of land which are suitable for agriculture, for-
estry, or open space in accordance with the adopted zoning density requirements,
as applied to the entire subdivision or short subdivision.
(2) The clustering option is also intended to help preserve open space and reduce
total impervious surface area thereby reducing runoff while assuring continued via-
ble undeveloped natural vegetated corridors for wildlife habitat, protection of wa-
tersheds, preservation of wetlands, preservation of aesthetic values including view
corridors, and preservation of potential trail and recreation areas.
20.34.310 Design standards. (Adopted by reference in WCCP Chapter 2.1
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features, and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract."
20.34.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.1
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
open space purposes which does not exceed adopted zoning density requirements,
as applied to the entire subdivision or short subdivision. All "reserve tracts" created
through the subdivision process shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
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September 12, 2013 Planning Commission Recommendation
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The reserve tract is created and is unbuildable beyond any building density re-
maining at the time of land division. This is intended to ensure that the reserve
tract open space will remain in the same location adjacent to the clustered lot it
serves.
(4) The purpose of the reserve tract as stated in subsections (1), (2), and (3) of
this section shall be communicated in writing on the face of the plat or short plat;
also, the number of developable building sites remaining (if any) with the original
parcel of record, based on the assigned density, shall also be prominently displayed
on the plat or short plat. Whatcom County shall make every effort to assist all
agents in communicating clearly such information to all purchasers and prospective
purchasers of building lots or "reserve tracts." Any remaining density beyond the
number of lots created on the plat may be assigned to either the lots or the reserve
tract, but future subdivision shall not reduce the size of the reserve area below the
minimum percentage of the original parent parcel required in WCC 20.34.252.
(5) That the above stated requirements in subsections (2), (3), and (4) of this
section shall be recorded as a deed restriction at the time of filing of the final plat
or short plat, and shall constitute an agreement between Whatcom County and the
owner of record. Said deed restriction may be amended by mutual agreement be-
tween said parties after review for consistency and compliance with the official
Whatcom County Zoning Ordinance, the Whatcom County Subdivision Ordinance
and the Whatcom County Comprehensive Plan.
20.34.659 Drainage. (Adopted by reference in WCCP Chapter 2.1
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
Chapter 20.35
ELIZA ISLAND (EI) DISTRICT
20.35.130 Administrative approval uses.
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September 12, 2013 Planning Commission Recommendation
.132 Cottage industries employing no more than two people on -site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.9877089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
1,250 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre; provided, that a smaller par-
cel may be approved by the hearing examiner by conditional use.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed four square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
Chapter 20.36
RURAL (R) DISTRICT
20.36.150 Conditional uses.
Items indicated by an *" are not allowed outside rural communities and short-
term planning areas unless the applicant can demonstrate that there is a need to
locate outside those areas in order to comply with legal requirements or standards;
or that the proposed location is the most efficient place for the proposed use with
respect to providing needed services to the public.
.161 Cottage industries employing no more than four people on -site, other than
family members residing on the premises, conducted in a structure(s) other than
the dwelling unit; provided, that in addition to the criteria found in WCC 20.84.220
and 20.97.G8-7089:
(1) The hearing examiner, at his discretion, may place limitations on the square
footage used in an existing or new structure used for a cottage industry and con-
struction of new buildings to house said activity shall not, in any case, exceed 2,500
square feet of total floor area. The total land area used for buildings and outside
storage or uses related to the cottage industry shall not exceed one acre or 25 per-
cent of the site, whichever is less.
(2) In the event materials will be stored outdoors, the hearing examiner shall re-
quire adequate landscaping, screening or other devices in order that the material
will not be visible by surrounding uses or roads.
(3) One nonilluminated freestanding sign, visible from the road, and not exceed-
ing six feet in height, may be permitted. One additional nonilluminated sign may be
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
attached to the building for a maximum total signage of 16 square feet. No portion
of any sign shall extend above the lowest portion of the roof.
(4) In the R-10A zone, where the cottage industry involves production or pro-
cessing of forestry or agricultural related products on parcels larger than 10 acres,
the maximum number of employees outside the family may be increased at the
rate of one additional employee for each additional 10 acres to a maximum of 10
employees outside the family. In the event that the property is reduced in size be-
low the acreage used to qualify for additional employees under this section, the
number of employees shall be proportionately reduced.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
170 Bed and breakfast ledgi igsinns.
20.36.305 Lot clustering. (Adopted by reference in WCCP Chapter 2.)
(1) The purpose of lot clustering is to provide an alternative method of creating
economical building lots with spatially efficient sizes. Clustering is intended to re-
duce development cost and increase energy efficiency and reserve areas of land
which are suitable for agriculture, forestry, or open space.
(2) The clustering option is also intended to help preserve open space and the
character of areas and reduce total impervious surface area thereby reducing runoff
while assuring continued viable undeveloped natural vegetated corridors for wildlife
habitat, protection of watersheds, preservation of wetlands, preservation of aes-
thetic values including view corridors, and preservation of potential trail and recrea-
tion areas.
(3) Lot clustering is required for residential developments on parcels 10 acres or
greater when the property is located within an urban growth area reserve.
20.36.310 Design standards. (Adopted by reference in WCCP Chapter 2.1
The creation of new building lots, pursuant to this section, shall be governed by the
following recommended design standards:
(1) Clustered building lots may be only created through the subdivision or short
subdivision process.
(2) Building lots shall be designed and located to the fullest extent possible to be
compatible with valuable or unique natural features, as well as physical constraints
of the site.
(3) The majority of building sites shall be arranged in a cluster or concentrated pat-
tern to be compatible with physical site features and have no more than two com-
mon encroachments on existing county roads. The arrangement of clustered build-
ing lots is intended to discourage development forms commonly known as linear,
straight-line or highway strip patterns.
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September 12, 2013 Planning Commission Recommendation
(4) Common access to clustered building lots shall be provided by short length
roads or loop roads. In addition, interior streets shall be designed to allow access to
the "reserve tract" for the purpose of future approved development in urban growth
areas and urban growth area reserves.
(5) Where the boundaries of a proposed cluster subdivision includes land in more
than one rural zone designation (R2-A, R-5A and R-10A) the following shall apply:
(a) The total number of units permitted shall be computed by separately cal-
culating the number of lots allowed in each zone district based on the amount of
land area within the district. The number of lots allowed in each district shall be to-
taled to arrive at the total number of lots.
(b) Lot clusters may be distributed or arranged on property(s) covered by the
subdivision such that density from an R-5A or R-10A portion of a subdivision may
be transferred to an adjacent portion of the subdivision with a different rural zoning
designation (R-2A, R-5A or R-10A); provided, the total number of lots for the entire
subdivision does not exceed the number calculated in subsection (5)(a) of this sec-
tion; and provided further, that the lot design is consistent with subsections (1)
through (4) of this section. Density from R-2A portions of the subdivision may not
be transferred to R-5A or R-10A portions of the subdivision.
(6) 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 separation between
any new clusters, except when the cluster subdivision is located on a parcel or con-
tiguous parcels in the same ownership, greater than 20 acres.
20.36.320 Reserve tract. (Adopted by reference in WCCP Chapter 2.)
For the purposes of this section, "reserve tract" is defined as that portion of a pro-
posed subdivision or short subdivision which is intended for agricultural, forestry, or
open space purposes. All "reserve tracts" created through the subdivision process
shall be subject to the following provisions:
(1) After a site is initially subdivided pursuant to this section, the "reserve tract"
may be retained by the subdivider, conveyed to residents of the subdivision or con-
veyed to a third party.
(2) The "reserve tract" may be considered as a building lot; provided, that such lot
is included in the overall density calculation of the original parcel of record and that
development within a "reserve area" easement is consistent with the uses permit-
ted in reserve areas in this chapter.
(3) The "reserve tract" may be further subdivided only through the long subdivision
process and only under one of the following circumstances:
(a) The county finds that in developing adjacent tracts it would help to further the
objectives listed in WCC 20.36.305(2) by dividing the reserve tract and increasing
the area of reserve proportionately on the adjacent land being subdivided so that
there is no net reduction in reserve area; and when the reserve tract is owned by
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September 12, 2013 Planning Commission Recommendation
the original developer or a third party, no property owner within the original subdi-
vision will be significantly adversely affected or suffer a substantial decrease of
property value as a result of dividing the reserve tract; or
(b) When the Comprehensive Plan and zoning have been updated as part of the
normal process (other- than a revision initiated by the private sector or done for a
specific area) and the public process has been gone through, subject to findings
that there is no adverse impact to critical areas and development is in compliance
with rural land use Comprehensive Plan policies, and when the reserve tract is
owned by the original developer or a third party, no property owner within the orig-
inal subdivision will be significantly adversely affected or suffer a substantial de-
crease of property value as a result of dividing the reserve tract.
(4) The purpose of the reserve tract as stated in subsections (1), (2) and (3) of this
section shall be communicated in writing on the face of the plat or short plat; also,
the number of developable building sites remaining (if any) with the original parcel
of record, based on the assigned density, shall also be prominently displayed on the
plat or short plat. Whatcom County shall make every effort to assist all agents in
communicating clearly such information to all purchasers and prospective purchas-
ers of building lots or "reserve tracts." Any remaining density beyond the number of
lots created on the plat may be assigned to either the lots or the reserve tract, but
future subdivision shall not reduce the size of the reserve area below the minimum
percentage of the original parent parcel required in WCC 20.36.253.
(5) The requirements of subsections (2) to (4) of this section shall be recorded as a
deed restriction at the time of filing of the final plat or short plat, and shall consti-
tute an agreement between Whatcom County and the owner of record. Said deed
restriction may be amended by mutual agreement between said parties after review
for consistency and compliance with the Official Whatcom County Zoning Ordi-
nance, the Whatcom County Subdivision Ordinance and the Whatcom County Com-
prehensive Plan.
20.36.450 Lot coverage. (Adopted by reference in WCCP Chapter 2.1
No structure or combination of structures shall occupy or cover more than 5,000
square feet or 20 percent, whichever is greater, of the total area, not to exceed
25,000 square feet. Buildings used for livestock or agricultural products shall be ex-
empt from this lot coverage requirement.
20.36.656 Drainage. (Adopted by reference in WCCP Chapter 2.1
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.37
POINT ROBERTS TRANSITIONAL ZONE (TZ) DISTRICT
20.37.655 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted. No project permit shall be issued prior to meeting the
stormwater requirements of this title and Chapter 2 of the Whatcom County Devel-
opment Standards.
Chapter 20.40
AGRICULTURE (AG) DISTRICT
20.40.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.135 Cottage industries employing no more than two people on -site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.G8-7089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
2,500 square feet of total floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed 16 square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
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September 12, 2013 Planning Commission Recommendation
.155 A cottage industry employing no more than four persons on -site, other than
family members residing on the premises, and which may be conducted in struc-
tures other than the dwelling unit; provided, that in addition to the criteria set forth
in WCC 20.84.220 and 20.97.58-7089, the hearing examiner shall find that the cot-
tage industry satisfies the criteria of WCC 20.36.161(1) through (5).
Chapter 20.42
RURAL FORESTRY (RF) DISTRICT
20.42.130 Administrative approval uses.
The following uses are permitted subject to administrative approval pursuant to
WCC 20.84.235.
.135 Cottage industries employing no more than two people on -site, other than
family members residing on the premises; provided, that in addition to the criteria
found in WCC 20.84.220 and 20.97.G8-7089:
(1) The zoning administrator, at his or her discretion, may place limitations on
the square footage in an existing or new structure used for a cottage industry and
construction of new buildings to house said activity shall not, in any case, exceed
2,500 square feet of total Floor area. The total land area used for buildings and out-
side storage or other uses related to the cottage industry shall not exceed 10,000
square feet or 25 percent of the site, whichever is less.
(2) The parcel size shall not be less than one acre.
(3) In the event materials will be stored outdoors, the zoning administrator shall
require adequate landscaping, screening, or other devices in order that the material
will not be visible by surrounding uses or roads.
(4) One nonilluminated sign, not to exceed 16 square feet in size, mounted on
the property, is permitted. A larger sign up to 32 square feet may be approved by
the hearing examiner as a conditional use.
(5) Seasonal employees working less than 21 days per year will not be counted
as employees if they are engaged in work directly related to agriculture or forestry.
.164 Cottage industries as defined by WCC 20.97.G87089, excluding those al-
lowed in WCC 20.42.135, and which employ not more than four people outside the
family conducted in structure(s) other than the dwelling unit. Such activities will
comply with all other provisions of WCC 20.36.161(1) through (5).
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.44
RECREATION AND OPEN SPACE (ROS) DISTRICT
20.44.652 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.44.653 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High veysTransportation, as applicable.
Chapter 20.59
RURAL GENERAL COMMERCIAL (RGC) DISTRICT
20.59.100 Accessory uses.
.106 One one-story detached accessory storage building per lot; provided, that
the floor area shall not exceed the exempt criteria stated in the current code as
adopted and amended per Whatcom County Code, Title 15, Buildina & Construc-
tion.adepted editien of the internatienal Building Cede,, and shall only be used for
personal storage and not for habitation or business; and provided further, that the
storage building shall contain no indoor plumbing but may be served with electrical
power for lighting.
20.59.600 Buffer area. (Adopted by reference in WCCP Chapter 2.1
.601 When a parcel situated within this district adjoins an Agriculture, Rural or
Residential Rural District, or county or state roads designated as or proposed for
improvements to principal arterial status, setbacks from property lines adjoining
these districts shall be increased to 25 feet. Unless adjoining an Agriculture Zoning
District, said area shall be landscaped consistent with the requirements of WCC
20.80.345.
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September 12, 2013 Planning Commission Recommendation
20.59.704 Drainage. (Adopted by reference in WCCP Chapter 21
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.59.705 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High wiaysTransportation, as applicable.
Chapter 20.60
NEIGHBORHOOD COMMERCIAL CENTER (NC) DISTRICT
20.60.550 Buffer area. (Adopted by reference in WCCP Chapter 2.1
.551 When parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Rural or Residential Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named district. Unless adjoining an Agriculture Zoning District, said area
shall be landscaped consistent with the requirements of WCC 20.80.345.
.552 When parcels situated within this district are between an interstate highway
and a Residential Rural or Rural District, the setback on sides adjoining the Resi-
dential Rural or Rural Districts and paralleling the interstate shall be increased to
100 feet. This buffer shall not be altered from existing dense natural vegetation or,
where vegetation is lacking, shall be landscaped so as to provide a dense vegeta-
tive screen.
20.60.655 Drainage. (Adopted by reference in WCCP Chapter 2.1
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.60.656 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High %3y-sTransportation, as applicable.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.61
SMALL TOWN COMMERCIAL (STC) DISTRICT
20.61.600 Buffer area. (Adopted by reference in WCCP Chapter 2.)
.601 Where parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Residential Rural or Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named districts. Unless adjoining an Agriculture Zoning District, said ar-
ea shall be landscaped consistent with the requirements of WCC 20.80.345.
20.61.704 Drainage. (Adopted by reference in WCCP Chapter 2.)
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted. No project permit shall be issued prior to meeting sub-
mittal requirements relating to stormwater management in the appropriate chap-
ters of the Whatcom County Development Standards.
20.61.705 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of HighwayysTransportation, as applicable.
Chapter 20.62
GENERAL COMMERCIAL (GC) DISTRICT
20.62.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High %3ys ransportation, as applicable.
Chapter 20.63
TOURIST COMMERCIAL (TC) DISTRICT
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20.63.550 Buffer area. (Adopted by reference in WCCP Chapter 21
.551 When parcels situated within this district adjoin an Agriculture, Urban Resi-
dential, Urban Residential Medium Density, Rural or Residential Rural District, side
and rear yard setbacks shall be increased to 25 feet along the property line(s) adja-
cent to the named districts. Unless adjoining an Agriculture Zoning District, said ar-
ea shall be landscaped consistent with the requirements of WCC 20.80.345.
20.63.654 Drainage. (Adopted by reference in WCCP Chapter 2.J
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.63.655 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of Higbw-aysTransportation.
Chapter 20.64
RESORT COMMERCIAL (RC) DISTRICT
20.64.550 Buffer area. (Adopted by reference in WCCP Chapter 2.1
.551 Except for single-family residences, when a parcel situated within this dis-
trict adjoins an Urban Residential, Urban Residential Medium Density, Residential
Rural or Rural District, side and rear yard setbacks shall be increased to 25 feet
along the property line(s) adjacent to the named district. Said area shall be land-
scaped consistent with the requirements of WCC 20.80.345.
20.64.655 Drainage. (Adopted by reference in WCCP Chapter 2.1
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
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No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.64.656 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High vaysTransportation, as applicable.
Chapter 20.65
GATEWAY INDUSTRIAL (GI) DISTRICT
20.65.400 Height limitations.
Maximum building height shall not exceed 35 feet; except, that an additional foot
in height is allowed for each one -foot increase in setback in the yard adjoining the
interstate highway up to 45 feet in the West Bakerview/I-5 Interchange area of the
Urban Fringe Subareaand up-t-e-7-5feet in the BiFeh Bay Lynden Read aFea of the
Blaine Birch Bay SubaFea. Height of structures, where applicable, shall also conform
to the general requirements of WCC 20.80.675.
20.65.655 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed and approved
by the county engineer or, where applicable, the State Department of H4g-11-
waysTransportation.
Chapter 20.66
LIGHT IMPACT INDUSTRIAL
(LII) DISTRICT
20.66.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of Highw-c�Transportation.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.67
GENERAL MANUFACTURING
(GM) DISTRICT
20.67.100 Accessory uses.
.110 One storage building per lot; provided, that the storage building shall not
exceed the exempt criteria stated in the current code as adopted and amended per
Whatcom County Code, Title 15, Building & Construction,
ternatbonal Building Cede, and shall only be used for personal storage and not for
habitation or business; and provided further, that the storage building shall contain
no indoor plumbing but may be served with electrical power for lighting.
20.67.550 Buffer area. (Adopted by reference in WCCP Chapter 2.1
.551 When a parcel situated within this district adjoins an Agriculture, Urban
Residential, Urban Residential Medium Density, Rural or Residential Rural District,
or county or state roads designated as or proposed for improvements to principal
arterial status, setbacks shall be increased to 25 feet. Unless adjoining an Agricul-
ture Zoning District, said area shall be landscaped consistent with the requirements
of WCC 20.80.345.
.552 If any part of the buffer area is separated from or sold to any contiguous or
adjacent owner, lessee or user, the parcel so separated or sold shall be used only
as a buffer area in accordance with the above requirements.
20.67.653 Drainage. (Adopted by reference in WCCP Chapter
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.67.654 Driveways.
Pursuant to WCC 20.80.640, driveway plans shall be reviewed by the county en-
gineer or State Department of High sTransportation, as applicable.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.68
HEAVY IMPACT INDUSTRIAL (HII) DISTRICT
20.68.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High if-sTransportation, as applicable.
Chapter 20.69
RURAL INDUSTRIAL AND MANUFACTURING (RIM) DISTRICT
20.69.100 Accessory uses.
.110 One one-story detached accessory storage building per lot; provided, that
the floor area shall not exceed the exempt criteria stated in the current code as
adopted and amended per Whatcom County Code, Title 15, Building & Construc-
tion,adepted edition ef the International Building Code, and shall only be used for
personal storage and not for habitation or business; and provided further, that the
storage building shall contain no indoor plumbing but may be served with electrical
power for lighting.
20.69.550 Buffer area. (Adopted by reference in WCCP Chapter 2.1
.551 When a parcel situated within this district adjoins an Agriculture, Rural or
Residential Rural District, or county or state roads designated as or proposed for
improvements to principal arterial status, setbacks of adjoining area shall be in-
creased to 25 feet. Unless adjoining an Agriculture Zoning District, said area shall
be landscaped consistent with the requirements of WCC 20.80.345.
.552 If any part of said buffer area is separated from or sold to any contiguous
or adjacent owner, lessee or user, the parcel so separated or sold shall be used on-
ly as a buffer area in accordance with the above requirements.
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20.69.655 Drainage. (Adopted by reference in WCCP Chapter 2.1
All development activity within Whatcom County shall be subject to the storm -
water management provisions of the Whatcom County Development Standards un-
less specifically exempted.
No project permit shall be issued prior to meeting submittal requirements relating
to stormwater management in the appropriate chapters of the Whatcom County
Development Standards.
20.69.656 Driveways.
Pursuant to WCC 20.80.640, driveway plans shall be reviewed by the county en-
gineer or State Department of Hi sTranportation, as applicable.
Chapter 20.70
AIRPORT OPERATIONS (AO) DISTRICT
20.70.654 Driveways.
Consistent with WCC 20.80.640, driveway plans shall be reviewed by the county
engineer or State Department of High vays,Transportation.
Chapter 20.71
WATER RESOURCE PROTECTION OVERLAY DISTRICT*
Sections:
20.71.010
Purpose.
20.71.020
Application.
20.71.021
Area and applicability.
20.71.050
Permitted uses.
20.71.100
Accessory uses.
20.71.150
Conditional uses.
20.71.200
Prohibited uses.
20.71.300
Open space and impervious surfaces.
20.71.350
Cluster subdivisions.
20.71.351
Cluster design standards.
20.71.352
Open space reserve area.
20.71.400
Building setback/buffer areas.
20.71.600
Development criteria.
20.71.601
Parking space dimensions.
20.71.602
Parking requirements.
20.71.603
Alternative surfacing methods.
20.71.604
Vehicular access.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
20.71.700 Roads, curbs, gutters and sidewalks.
* This chapter is adopted by reference in WCCP Chapter 2. Prior legislation: Ord. 2008-035, which
expired March 20, 2009, was formerly codified in this chapter.
20.71.350 Cluster subdivisions. (Adopted by reference in WCCP Chapter 2.1
The purpose of cluster subdivision is to provide a method of creating building lots
with spatially efficient sizes. Clustering is intended to consolidate development and
associated infrastructure, reduce development costs, and increase infrastructure
efficiency. Clustering is also intended to help preserve open space and the charac-
ter of areas, reduce total impervious surface area, and minimize development ef-
fects on critical areas and associated buffers, as defined in Chapter 16.16 WCC, and
resource lands. Preservation of open space is thereby intended to reduce potential
stormwater runoff and associated impacts while assuring protection of viable, un-
developed, and naturally vegetated corridors for wildlife habitat, protection of wa-
tersheds, preservation of critical areas, preservation of aesthetic values including
view corridors, and preservation of trail and/or recreation areas.
20.71.351 Cluster design standards. (Adopted by reference in WCCP Chapter
U
The creation of new building lots within Water Resource Protection Overlay Dis-
tricts shall be subject to the following design standards:
(1) Cluster subdivisions shall be required for all land divisions resulting in lots
less than five acres in size, with the exception of boundary line adjustments.
(2) A cluster subdivision shall include a permanent open space reserve area
meeting the criteria established in WCC 20.71.352.
(3) The minimum cluster lot size requirements of the underlying zone district
shall apply.
(4) The maximum number of building lots in a lot cluster shall be 10.
(5) Clusters containing two or more lots of less than one acre within a proposed
development shall be separated by at least 80 feet.
(6) Clustered building lots may only be created through the subdivision, short
subdivision or binding site plan process pursuant to WCC Title 21.
(7) Building lots shall be designed and located to be compatible with, and avoid
disturbance of, critical areas or other valuable or unique natural resources or known
archaeological sites, as well as physical constraints of the site.
(8) Building lots shall be arranged in a cluster/concentrated pattern.
(9) A cluster subdivision shall have no more than two common encroachments
on existing county roads unless site constraints require additional road access. The
arrangement of clustered building lots shall be designed to avoid development
forms commonly known as linear, straight line or highway strip patterns.
(10) As applicable, interior streets shall be designed to allow future vehicular ac-
cess to any portion of the reserve tract which may be divided into future building
lots; provided, that the required permanent open space reserve area, pursuant to
WCC 20.71.352, shall not be further subdivided.
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20.71.352 Open space reserve area. (Adopted by reference in WCCP Chapter
(1) For purposes of this title, an "open space reserve area" shall be defined as
that portion of a subdivision or short subdivision set aside in accordance with this
chapter, and permanently dedicated for active or passive recreation, critical area
protection, natural resource or archaeological site preservation, wildlife habitat
and/or visual enjoyment, and shall be consistent with the definition of `open space"
pursuant to WCC 20.97.275.
(2) The open space reserve area shall be subject to the following provisions:
(a) The minimum open space reserve area shall be determined by the mini-
mum cluster subdivision reserve area requirements of the underlying zone district.
(b) A permanent open space reserve area shall be protected using one of the
following mechanisms:
(i) Placement in a separate nonbuilding tract owned in common by all lots
within the subdivision; or
(ii) Covered by a protective easement or public or private land trust dedica-
tion which protects at least the minimum required cluster reserve area specified in
the underlying zone district; or
(iii) Preserved through an appropriate permanent protective mechanism
that provides the same level of permanent protection as subsection (2)(b)(i) of this
section as determined by the county zoning administrator or hearing examiner
which applies to at least the minimum required cluster reserve area specified in the
underlying zone district.
(c) The boundaries of the open space portion of the reserve area may be al-
tered only if the county finds that in dedicating adjacent reserve areas it would fur-
ther the objectives listed in WCC 20.71.350 by altering the reserve area and in-
creasing the area of reserve proportionately on the adjacent land being subdivided
so that there is no net reduction in open space reserve area.
(d) The purpose of the open space reserve area as defined in subsection (1) of
this section shall be recorded on the face of the final plat or short plat.
(e) The remaining unused development density and/or impervious surface al-
lowances remaining on the parcel containing the open space reserve area, based on
the gross density of the parent parcel, may be assigned to that portion of the re-
serve tract not subject to the minimum area requirements of subsection (2)(b) of
this section. The density shall be recorded on the face of the final plat or short plat.
The development rights assigned to the reserve tract in accordance with this sub-
section may not be transferred if the pervious surface area associated with the re-
serve tract has been transferred to the other building lots within the subdivision.
(f) The requirements stated in subsections (2)(c) and (d) of this section shall
be recorded as a restriction on the face of the final plat or short plat, and shall con-
stitute an agreement between Whatcom County and the current/future owner(s) of
record that shall run with the land. Said restriction(s) may be amended by mutual
agreement between said parties after review for consistency and compliance with
the official Whatcom County Zoning Ordinance, the Whatcom County Subdivision
Ordinance, and the Whatcom County Comprehensive Plan.
(g) For cluster subdivisions approved after December 7, 1999, that portion of
the reserve tract which is kept in pervious open space may be counted toward per-
vious surface area requirements for the building lots in the subdivision on a prorat-
ed basis.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.72
POINT ROBERTS SPECIAL DISTRICT
20.72.130 Administrative approval uses.
All administrative approval uses in the underlying zone districts are permitted ex-
cept as expressly prohibited or made conditional, or further conditioned by this
chapter. In addition, the following uses are permitted subject to administrative ap-
proval pursuant to WCC 20.84.235:
.135 One private, noncommercial, recreational vehicle or park model trailer and
one accessory guest RV per lot; provided, that the following minimum requirements
and standards are met and/or followed:
(1) All recreational vehicles that remain on the site for more than 14 consecutive
days shall be connected to a permitted on -site sewage system or public sewer.
(2) Maximum length of stay of any recreational vehicle on a lot shall not exceed
120 days per calendar year; provided, that no accessory guest RV shall remain on
the subject lot for more than 14 consecutive days nor more than 30 days total per
calendar year.
(3) All recreational vehicles shall be screened from neighboring properties not
using RVs and from public roads. Such screening may consist of landscaped buffer
areas, native vegetation or a fence.
(4) Lots shall not be leased or rented out on a daily or overnight basis for recrea-
tional use.
(5) Accessory structures are limited to one personal storage building no larger
than 120 200 square feet.
(6) The locations of parked RVs on vacant lots shall observe normal building set-
back standards for a single-family residence.
(7) All recreational vehicles shall be supported by their own wheels or camper
jacks, and not be fastened to accessory structures. Placement of a recreational ve-
hicle on a foundation or removal of the wheels of a recreational vehicle, except for
temporary purposes for repair, is prohibited.
20.72.350 Building setbacks/buffer areas. (Adopted by reference in WCCP
Chapter 2.1
(1) Building setbacks along Tyee Drive and Roosevelt Road are increased to 50
feet and 40 feet respectively. In existing treed areas along Tyee Drive and Roose-
velt Road, a 50-foot/40-foot vegetative buffer comprised of existing trees shall be
maintained for visual or aesthetic purposes except for necessary ingress and egress
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points. In open areas a 50-foot/40-foot planted buffer shall be developed as part of
the normal landscape requirements for site development.
(2) Within the Small Town Commercial Zone along Gulf Road, commercial, insti-
tutional and mixed use building setbacks shall be reduced to 10 feet. Buildings ori-
ented towards the street edge shall be encouraged and the front of buildings shall
be designated for landscaping and pedestrian traffic.
(3) The provisions of WCC 20.64.353 shall not apply to single-family residences in
the Resort Commercial District at Point Roberts.
20.72.651 Facility design. (Adopted by reference in WCCP Chapter 2.)
(1) All commercial and institutional use structures and appurtenant signs shall
conform to the requirements of the Point Roberts Character Plan.
(2) All commercial and institutional structures shall screen roof -mounted me-
chanical equipment so as not to be visible by surrounding uses or roads.
20.72.653 Tree canopy retention. (Adopted by reference in WCCP Chapter 2.1
In addition to compliance with all other requirements of this title and other titles
of the Whatcom County Code, development activities shall be subject to the follow-
ing provisions:
(1) In the RC, RGC, and STC Districts, existing tree canopy areas (as defined by
the dripline of the tree(s)) may be used to meet all or part of the open space re-
quirements of this title. If existing tree canopy areas do not fully satisfy the mini-
mum open space requirements of the applicable zone district, the remainder of the
required open space shall be subject to the landscaping requirements established in
WCC 20.80.300.
(2) In the RR, TZ and R Districts:
(a) Residential Development.
(i) Lots less than one-half acre may remove 100 percent of the existing tree
canopy on site; provided, that 30 percent of the pre-existing tree canopy shall be
replanted.
(ii) Lots greater than, or equal to, one-half acre shall retain 30 percent of
the existing tree canopy area on a lot. Trees may be removed within areas to be
cleared for purposes of a building site, driveways, parking areas, and areas to be
landscaped, but such areas shall not exceed 5,000 square feet or 70 percent,
whichever is greater, of the total lot area.
(iii) On lots greater than one acre, no more than 50 percent of the existing
tree canopy area shall be removed.
(b) Commercial, institutional and recreational development may use existing
tree canopy areas to meet all or part of the landscaping requirements of this title.
(3) The following criteria shall be used to determine which tree canopy areas are
to be prioritized for retention:
(a) Stands of mature native trees;
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(b) Trees on sensitive slopes, on lands classified as having landslide hazards,
or high erosion hazards, as defined under the critical areas ordinance;
(c) Trees within critical areas or their associated setback and/or buffer areas
as defined under WCC Title 16 or 23; or
(d) Trees with significant habitat value as identified by a qualified wildlife biol-
ogist or by the technical administrator, per WCC Title 16.
(4) A 200-meter protective buffer of existing trees and vegetation shall be main-
tained around the Heronry.
(5) Buffering which recognizes the need for safety and the unique features of Lily
Point shall be required on the Point. No development shall take place in such areas.
(6) The county shall require that tree canopy areas to be retained are identified
on a site plan and clearly flagged, or delineated, on the site. A tree canopy area re-
tention plan must accompany a project or clearing permit application and be ap-
proved by the technical administrator before clearing activity takes place. The plan
shall contain the following components:
(a) A scaled drawing identifying the following:
(i) North arrow;
(ii) Property boundaries;
(iii) Existing structures;
(iv) Site access;
(v) Tree canopy areas to be removed;
(vi) The outer dripline of tree canopy areas to be retained;
(vii) Critical areas including, but not limited to, slopes, wetlands, and habi-
tat conservation areas;
(viii) Protection measures to be utilized for areas that will be undisturbed;
and
(ix) Areas to be replanted pursuant to subsection (9) of this section;
(b) A planting schedule that indicates the timeframe for replanting of trees as
applicable; and
(c) Provisions for maintenance and monitoring.
(7) Prior to any land clearing activity or development activity, any tree canopy
areas designated for retention shall be delineated by temporary fencing, tape, or
other indicators around the outer dripline of the trees. Temporary fencing, tape, or
other indicators shall be clearly visible and shall be maintained for the duration of
the proposed clearing or development activity. Any tree canopy areas designated
for retention shall be field verified by the technical administrator before clearing ac-
tivities begin. Trees within canopy areas designated for retention shall not be dam-
aged by clearing, excavation, ground surface level changes, soil compaction, or any
other activities that may cause damage of roots or trunks. Machinery, impervious
surfaces, fill and storage of construction materials shall be kept outside of the
dripline of tree canopy areas designated for retention.
(8) Tree canopy areas may be removed when limited to those canopy areas af-
fected under the following circumstances:
(a) Fire prevention methods when supported by the county fire marshal;
(b) Hazard trees, as defined in Chapter 20.97 WCC, are identified (an evalua-
tion and determination by a licensed arborist or forester may be required);
(c) Encroachments where the trunk, branches or roots would be, or are, in
contact with main or accessory structures; or
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(d) Where installation and/or maintenance of roads or utilities would unavoid-
ably require removal or cut through the root system.
(9) In the event that tree canopy areas in excess of the applicable threshold
must be removed to facilitate reasonable use of the site, or to eliminate hazard
trees, not less than two replacement trees shall be planted for every tree removed.
Replacement trees shall:
(a) Be of the same, or similar, native species as those trees removed from the
site;
(b) Be planted to re-establish tree clusters where they previously existed, or
to enhance protected tree clusters;
(c) Be planted in locations appropriate to the species' growth habitat and hor-
ticultural requirements; and
(d) Be located away from areas where damage is likely.
(10) If any trees within canopy areas designated for retention are damaged or
destroyed through the fault of the applicant, agent or successor, the applicant, their
agent or successor shall restore the site pursuant to a restoration plan approved by
the county.
(11) The county may require a bond or other security in an amount not to ex-
ceed 125 percent of the merchantable timber to guarantee retention of existing
trees within designated tree canopy areas during construction. In the event of a
dispute between the landowner and the county over the established value, an as-
sessment will be made by a professional forester or arborist whose selection will be
made by mutual agreement between the county and the landowner. The fee for the
services of the professional forester or arborist shall be paid by the landowner or
responsible party. In the event any trees designated to be retained are removed,
the county shall require that sufficient trees be replanted to replace those previous-
ly in existence. In the event that replanting does not occur, the county may en-
force upon any bond posted. Each tree removed or destroyed shall constitute a
separate violation.
20.72.654 Site design/view corridors. (Adopted by reference in WCCP Chapter
All structures or developments other than a single-family home on an individual lot
shall conform to the requirements of the adopted Point Roberts Character Plan.
Scenic views and open space shall be considered in all developments and the site
plan designed to ensure view access is maximized while maintaining reasonable use
of the development site.
Chapter 20.73
MINERAL RESOURCE LANDS SPECIAL DISTRICT (MRL)
20.73.651 Road access.
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For surface mining operations, access on any public right-of-way shall be paved
in accordance with the county engineering division or State Department of 4igh-
-Transportation Development Standards, as appropriate.
Chapter 20.78
TRANSPORTATION CONCURRENCY MANAGEMENT
20.78.010 Purpose.
The purpose of this chapter is to ensure that adequate transportation facilities are
available or provided concurrent with development, in accordance with the Growth
Management Act (RCW 36.70A.070)and consistent with WAG 365 195 510
365 95 No development permit shall be issued except in accordance with this
chapter.
Chapter 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.200 Setback requirements.* (Adopted by reference in WCCP Chapter 2.1
20.80.210 Minimum setbacks.
(1) All structures, including accessory structures, shall be placed on their lots in
compliance with the requirements of the setback table (subsection (5)(b) of this
section), except as may otherwise be provided in this title.
(2) Waterfront Lots. Waterfront lots shall comply with the building setback re-
quirements set forth in the Whatcom County Shoreline Management Program. (See
WCC 20.80.220(2).)
(3) Vision Clearance. Notwithstanding any other setback requirements of this ti-
tle, and unless specifically provided otherwise, a clear vision area shall be main-
tained on the corners of all property at the intersection of two streets, a street and
an alley, or a street and a railroad.
(a) A clear vision area shall consist of a triangular area, two sides of which are
lot lines measured from the corner intersection of the street lot lines for a distance
specified in subsection (3)(c) of this section (where the lot has rounded corners, the
distance shall be measured from the intersection of those lot lines extended), and
the third side of which is a line across the corner of the lot joining the nonintersec-
tion ends of the other two sides.
(b) A clear vision area shall contain no planting, fence, wall, obstruction, or
temporary or permanent obstruction exceeding two and one-half feet in height,
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measured from the top of the curb or, where no curb exists, from the established
street center line grade; except that trees exceeding this height may be located in
this area; provided all branches and foliage are removed to a height of 10 feet
above the grade.
(c) The following measurements shall establish clear vision areas:
(i) In a residential zone, the minimum distance shall be 30 feet, or at inter-
sections including an alley, 10 feet;
(ii) In all other zones, the minimum distance shall be 15 feet, or at inter-
sections including an alley, 10 feet, except when the angle of intersection between
a street other than an alley is less than 30 degrees, the distance shall be 25 feet;
(iii) Structures including buildings may be constructed within the clear vi-
sion area; provided, that any portion of the structure within the clear vision area is
more than eight feet above the top of the curb or street center line grade and is
supported by not more than two columns each of which is no more than eight inch-
es in diameter.
(4) Properties which are generally located on the Guide Meridian between Horton
and Kellogg roads, and specifically identified in the Guide Meridian Improvement
Plan, shall be subject to the provisions of said plan. The provisions of said plan shall
supersede this chapter where there is inconsistency.
(5) Setbacks. For the purposes of this chapter, the road classification used to de-
termine setback requirements shall be as set forth in this section. In the event a
particular road is not listed in this section, the department of public works shall de-
termine the classification, which classification shall be based on the Whatcom Coun-
ty Development Standards or such other local, state or federal roadway standards
as the department of public works deems appropriate.
(a) Setback Requirements of All Districts.
(i) No manure lagoon or other open pit storage shall be located closer than
150 feet From any property line, or in a manner which creates any likelihood of
ground water pollution or other health hazard.
(ii) All manure storage shall be protected from a 25-year flood and shall be
located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary
high water line of any lake or waterway; provided, that best management practices
as determined by the Whatcom County Conservation District are in place. If the
best management practices are not in place, 300 feet shall be substituted for 50
feet.
(iii) In all districts where a single-family residence is a primary permitted
use, a building permit may be issued for the construction of a replacement dwelling
on the same lot; provided, that the owner agrees by filing a statement with the
building official that the old dwelling will be demolished, removed or converted to
another permitted use upon completion of the new dwelling.
(iv) A 10-foot setback from the international border between Canada and
the United States shall be maintained as an open space vista. The 10-foot setback
area may be used for landscaping, agriculture, and natural vegetation. Structures
may only be built within the 10-foot setback area after approval from the Interna-
tional Boundary Commission.
(b) Setbacks Table.
Commercial Setbacks
[General Commercial (GC)
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Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30i1
30'
25'
25'
25'
20'
0'
10'
1. Setbacks for those parcels situated adjacent to Urban Residential, Rural Cluster
Development and Rural Zone Districts shall be administered pursuant to WCC 20.62.550
(Buffer area).
Rural General Commercial (RGC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30i1
30'
25'
25'
25'
20'
0'
10'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Rural
Cluster Development, and Rural Zone Districts shall be administered pursuant to WCC
20.59.600 (Buffer area).
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned
properties.
Tourist Commercial (TC)
Road Type
Other
Commercial,
rCollector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30i1
30'
25'
25'
25'
20'
0'
10'
Water Resource Protection Over/ay
30' _30' 20' 20' 20' � 20' 0'_
5'
1. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban
Residential Medium Density, Residential Rural and Rural Zone Districts shall be administered
pursuant to WCC 20.63.550 (Buffer area).
2. Setback requirements for recreational vehicle parks shall be 30 feet for side and rear
yards.
30
230
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
3. Front yard setback requirements for service islands of service stations shall be 25 feet to
the center line of the driveway of the closest service island.
Small Town Commercial (STC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30i1
30'
25'
25'
25'
20'
0'
10'
1. Commercial uses shall be allowed to reduce front yard setback to 10 feet and the side yard
setback to zero feet where the site and landscape plans promote pedestrian access to the
building.
2. Side and rear yard setbacks shall be 10 feet from vacant, adjacent, commercially zoned
properties.
3. Setbacks for those parcels situated adjacent to Agriculture, Urban Residential, Urban
Residential Medium Density, Residential Rural, and Rural Zone Districts shall be administered
pursuant to WCC 20.61.600 (Buffer area).
Resort Commercial (RC)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30'
30'
25'
25'
25'
20'
512
512
1. Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and
Rural Zone Districts shall be administered pursuant to WCC 20.64.550 (Buffer area).
2. Setback requirements for multifamily housing, including all condominiums except time
share condominiums and mobile home parks, shall be 20 feet for side and rear yards.
3. Setback requirements for recreational vehicle parks, and resort -oriented hotels and motels
including time share condominiums, shall be 45 feet for front yard and 20 feet for side and
rear yards.
4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation
commercial development shall be zero feet for side yards and 10 feet for rear yards.
5. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
Neighborhood Commercial (NC)
31
231
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
S, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
25'
25'
25'
25'
25'
20'
0'
10,
Water Resource Protection Over/ay
30' 30' 20' 20' :F__20' 20' 010'
1. Neighborhood Commercial District. Setbacks for those parcels situated adjacent to
Agriculture, Urban Residential, Residential Rural and Rural Zone Districts shall be
administered pursuant to WCC 20.60.550 (Buffer area).
'When located adjacent to I-5 these setbacks may be reduced to 25' subject to the screening require-
ments under WCC 20.80.300.
2Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one-half the depth of the front yard setback.
Industrial Setbacks
Heavy Impact Industrial (HII)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
S, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
100,
100,
100,
100,
100'
30'
30'
30'
1. All setbacks shall be increased by one foot for each foot of building height, excluding tanks
and similar structures, which exceeds 50 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like, nor to structures relating to
shipment on railroad rights -of -way; provided, that no traffic hazards are created. For
nonindustrial buildings, the zoning administrator may reduce or eliminate side and rear yard
setbacks from side and rear property lines that are adjoining an industrial district; provided,
that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on -site
drainage facilities;
32
232
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.68.550 (Buffer area) and Policy 1.05 of the Heavy Impact Industrial designation of
the Cherry Point -Ferndale Subarea Plan.
4. The setback requirements of the Heavy Industrial District shall apply to the storing and
handling of hazardous materials; provided, that if federal and/or state regulations require
different setbacks, the greater setback (county, federal or state) shall be used.
5. The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light
Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and
other easements. A greater reduction in setback requires approval under section (4) of the
Heavy Impact Industrial Zone's setback requirements.
Light Impact Industrial (LII)
Road Type
Other
Commercial,
Collector Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials Collector
Access
ood
Access
Yard
Yard
5, State
or Major s
Streets
Collector
Streets
Hwys,
Collector
Principal &
Minor
Arterials
s
30'
30' 30'
30'
30'
20'
10'
10'
1. All setbacks shall be increased by one foot of building height which exceeds 35 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like. In addition, the zoning
administrator may reduce side and rear yard setbacks for other structures as provided by
section (4) of the Light Impact Industrial Zone's setback requirements.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.66.550 (Buffer area).
4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
33
233
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on -site
drainage facilities;
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
General Manufacturing (GM)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30'
30'
30'
30'
30' 20'
10,
10,
1. All setbacks shall be increased by one foot for each foot of building height which exceeds
35 feet.
2. The building setbacks of WCC 20.80.210 shall not apply to utility or security structures
such as poles, meters, fences, guard structures and the like.
3. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.66.550 (Buffer area).
4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on -site
drainage facilities;
34
234
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
5. The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light
Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and
other easements. A greater reduction in setback requires approval under section (4) of the
General Manufacturing Zone's setback requirements.
Gateway Industrial (GI)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
(Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
25'
25'
25'
25'
25'
25'
10'
10'
1. Maximum building height shall not exceed 35 feet; except, that an additional foot in height
is allowed for each one -foot increase in setback in the yard adjoining the interstate highway
up to 45 feet in the West Bakerview/I-5 Interchange area of the Urban Fringe Subarea and up
to 75 feet in the Birch Bay-Lynden Road area of the Blaine -Birch Bay Subarea. Height of
structures, where applicable, shall also conform to the general requirements of WCC
20.80.675.
Airport Operations (AO)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30'
30'
30'
30'
30'
20'
10,
10,
35
235
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
1. Setbacks for parcels adjoining a nonindustrial district shall be administered pursuant to
WCC 20.70.550 (Buffer area).
2. The zoning administrator may reduce or eliminate side and rear yard setbacks from side
and rear property lines that are adjoining an industrial district; provided, that the
administrator finds that all of the following provisions are met:
(i) Screening will be provided to protect adjacent uses from unsightliness or visual
distraction;
(ii) A site plan has been submitted that shows that all structures and improvements,
including roof overhangs, will not cross property boundaries, and a stormwater
management plan has been provided that shows that runoff will be diverted to on -site
drainage facilities;
(iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a
setback reduction will result in reduced solar access, all parties having an ownership
interest in the property adjacent to the side or rear yards to be reduced stipulate in
writing, on forms provided by the zoning administrator, to the reductions. The zoning
administrator may require a title report to establish the ownership interests in the
adjacent property;
(iv) Adjoining properties will be shielded from light sources;
(v) The use and storage of toxic or hazardous materials or processes will not be located
within what would otherwise be the setback area unless adequate facilities to contain
accidental spills on site consistent with state regulations are provided;
(vi) The reduced setbacks will not interfere with existing sewer, water and other
easements; and
(vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the
reduced setback create a circumstance that does not comply with WCC 20.80.210(3),
Vision Clearance.
Rural Industrial — Manufacturing (RIM)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
HWys,
Collector
Principal &
s
Minor
Arterials
30'
30'
30'
30'
30'
20'
10'
10'
1. Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to
WCC 20.67.550 (Buffer area).
------------
Resource Lands Setbacks
Agricultural (AG)
Road Type Other
36
236
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
50'
S0'
50'
50'
50'
50'
20'
20'
1. The 50-foot front yard setback requirement for new buildings or additions may be waived
if the zoning administrator finds the new building or addition is located along the same
building line(s) of existing structures and will result in no additional encroachment and the
public interest, safety and health are protected; provided, that for a new building the
applicant shall also demonstrate that the proposed location is necessary for the economic
viability and the continued operation of the agricultural use.
�2. The minimum separation between new residences not located on the same property and
farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed
animals or store manure or feed shall be 300 feet. New farm uses such as barns, pens,
milking sheds, or areas used to contain, house or feed animals or store manure or feed shall
be situated at least 150 feet from existing residences not located on the same property.
Expansion of existing facilities within the 150-foot buffer, providing such expansion is not
closer to a neighbor's residence, and pastures are excluded from this section's requirements.
3. Parcels of less than five nominal acres shall have the following minimum setbacks:
Front yards:
- Primary arterials and secondary arterials: 45 feet.
- Collector arterials: 35 feet.
- Neighborhood collectors, local access streets: 25 feet.
- Minor access streets: 20 feet.
Side yards: minimum side yard setbacks shall be five feet.
Rear yards: minimum rear yard setbacks shall be five feet.
4. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
Commercial Forestry (CF)
Road Type Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
25'
25'
20'
100'
100'
Water Resource Protection Over/ay
37
237
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
30' 30' 20' 20' 20' 20' 100' 100'
1. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
Rural Forestry (RF)
Road Type Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
25'
25'
20'
20'
20'
Water Resource Protection Over/ay
30'
1.-.---- 1--
30'
___]_
20' 20' 20' 20'
20'
20'
1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone
situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners
have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be
subject to the standard setback of the Rural Forestry Zone. Forest industry buildings,
stationary equipment or storage areas excluding scaling stations and watchman's stations
shall not be located within 100 feet of any other zone district.
2. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
3. When a permitted residence (WCC 20.42.056) adjoins an existing parcel of 20 acres or
more in size or a parcel that is being cultivated for commercial forestry production, a
minimum building setback of 100 feet shall be established from the common property line.
4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential
Island setback standards.
5. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
38
238
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Rural Residential Setbacks
Rural Residential (RR)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
25'
25'
20'
5i1,2
511
Water Resource Protection Overlay
30' 30
020' 20'
20'
20'
S
T
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry
Zone District, except that such parcels whose owners have filed an agreement with the
county auditor as specified in WCC 20.32.651 shall be subject to the standard setback in WCC
20.80.210.
2. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
'Roof overhangs or other additional features shall not project further than 18 inches into the side or rear
yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will
they extend more than one-half the depth of the front yard setback.
ZZero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Rural Residential Island (RR -I)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
t- 25'
25'
25'
20'
S'
S'
1. Residential Rural -Island District. Setbacks shall be increased to 100 feet for those parcels
situated adjacent to the Forestry Zone Districts, except that such parcels whose owners have
filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to
the standard setback in WCC 20.80.210.
Point Roberts Transitional Zone (TZ)
Road Type Other
39
239
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
25'
25'
20'
5i1
5i1
No additional standards.
'Roof overhangs or other additional features shall not project further than 18 inches into the side or rear
yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will
they extend more than one-half the depth of the front yard setback.
2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Rural Zoning Setbacks
Rural (R)
Road Type Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
^Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
45'
35'
25'
25'
20'
5i1
5i1
Water Resource Protection Over/ay
30'
30'
20'
20'
20'
20'
5'
S'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the
Commercial Forestry Zone District, except that such parcels whose owners have filed an
agreement with the county auditor as specified in WCC 20.36,651 shall be subject to the
standard setback in WCC 20.80.210.
2. Lots created after 2001 through the cluster provisions, or lots created through the APO
provisions 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 designated or used for
agricultural purposes. No structures 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.
Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection
Overlay.
3. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
40
240
Title 20 Amendments September 12, 2013 Planning Commission Recommendation
'Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one-half the depth of the front yard setback.
Urban Residential Setbacks
Urban Residential Mixed Use (URMX)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
10'
10,
10,
S11
511
Water Resource Protection Overlay
30' 30' _20' 20' 20' L 20' T J 5'
1. No specific setback requirements shall apply to a planned concept submitted for technical
committee review. This provision could be used, for example, to allow zero -,lot -line
development.
Urban Residential Medium (URM)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
45'
35'
25'
25'
25'
20'
S11
5'1
Water Resource Protection Overlay
30'
30'
20'
20' 20' 20'
5'
S'
1. Setback requirements for mobile home parks shall be 20 feet from the perimeter of the
park for side and rear yards and shall be screened from neighboring uses in accordance with
WCC 20.80.345.
Urban Residential (UR)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborh
inor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
45'
35' 25'
25'
_-_ 25' 20' --- 5i1,Z 511—
Water Resource Protection Over/ay
30' 30' 20' 20' -- 20' S — 5' -
1. Setbacks shall be increased to 100 feet for those parcels sltuated adjacent to the Forestry
Zone District, except that such parcels which are less than 20,000 square feet in a subdivision
approved prior to January 1, 1987, and whose owners have filed an agreement with the
county auditor as specified in WCC 20.20.651, shall be subject to the standard setback in
WCC 20.80.210.
2. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; in no case will they
extend more than one-half the depth of the front yard setback.
2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached
dwelling units along the common property line where the dwellings share a common wall.
Other Zoning Setbacks
Recreation Open Space (ROS)
Road Type Other
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
100'
100'
50'
50'
50'
50'
50'
50'
1. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
2. Shoreline setbacks shall be administered consistent with the Shoreline Management
Program of Whatcom County; provided, that a 25-foot setback is maintained from the
ordinary high water mark of all water bodies and a 50-foot setback is maintained from the
ordinary high water mark of fish spawn streams.
3. A 10-foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10-foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
Water Resource Protection Overlay (WRPO)
Road Type
Other
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
Commercial,
Collector
Minor
Local
Neighborh
Minor
Side
Rear
Industrial, I-
Arterials
Collector
Access
ood
Access
Yard
Yard
5, State
or Major
s
Streets
Collector
Streets
Hwys,
Collector
Principal &
s
Minor
Arterials
30'
30'
20'
20'
20'
20'
See
See
underlyin
underlyin
9
9
zoning','
zoning1,2
1. No additional standards.
'Roof overhangs or other architectural features shall not project further than 18 inches into the side or
rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no
case will they extend more than one-half the depth of the front yard setback.
2Refer to additional provisions of WCC 20.64.250 or 20.65.400.
20.80.255 Agriculture District. (Adopted by reference in WCCP Chapter 2.1
(1) The 50-foot front yard setback requirement for new buildings or additions
may be waived if the zoning administrator finds the new building or addition is lo-
cated along the same building line(s) of existing structures and will result in no ad-
ditional encroachment, the public interest, safety and health are protected; provid-
ed, that for a new building the applicant shall also demonstrate that the proposed
location is necessary for the economic viability and the continued operation of the
agricultural use.
(2) The minimum separation between new residences not located on the same
property and farm uses such as barns, pens, milking sheds, or areas used to con-
tain, house or feed animals or store manure or feed, shall be 300 feet. New farm
uses such as barns, pens, milking sheds, or areas used to contain, house or feed
animals or store manure or feed, shall be situated at least 150 feet from existing
residences not located on the same property. Expansion of existing facilities within
the 150-foot buffer, providing such expansion is not closer to a neighbor's resi-
dence, and pastures are excluded from this section's requirements.
(3) Parcels of less than five nominal acres shall have the following minimum set-
backs:
Front Yards:
- Primary arterials and secondary arterials: 45 feet.
- Collector arterials: 35 feet.
- Neighborhood collectors, local access streets: 25 feet.
- Minor access streets: 20 feet.
Side Yards: Minimum side yard setbacks shall be five feet.
Rear Yards: Minimum rear yard setbacks shall be five feet.
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.I
(1) Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry
zone situated adjacent to the Commercial Forestry zone, except that such parcels
whose owners have filed an agreement with the county auditor as specified in WCC
20.42.651 shall be subject to the standard setback in WCC 20.80.210. Forest indus-
try buildings, stationary equipment or storage areas excluding scaling stations and
watchman's stations shall not be located within 100 feet of any other zone district.
(2) Parcels utilized solely for community centers shall observe the following min-
imum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25
feet.
(3) Where a parcel, created pursuant to the clustering provision (WCC
20.42.300) or the planned unit development provision (Chapter 20.85 WCC) or
when a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20
acres or more in size or a parcel that is being cultivated for commercial forestry
production, a minimum building setback of 100 feet shall be established from the
common property line.
(4) For parcels of less than five nominal acres, unless the provisions of subsec-
tion (2) of this section are applicable, the zoning setback established by the zoning
district shall be observed. (
20.80.258 All districts. (Adopted by reference in WCCP Chapter 2.1
(1) No manure lagoon or other open pit storage shall be located closer than 150
feet from any property line, or in a manner which creates any likelihood of ground
water pollution or other health hazard.
(2) All manure storage shall be protected from a 25-year flood; and shall be lo-
cated 50 feet From irrigation ditches and waterways, 50 feet from the ordinary high
water line of any lake or waterway; provided, that best management practices as
determined by the Whatcom County Conservation District are in place. If the best
management practices are not in place, 300 feet shall be substituted for 50 feet.
20.80.300 Landscaping. (Adopted by reference in WCCP Chapter 2.1
20.80.310 Purpose.
The purpose of this section is to provide minimum landscape development and
buffering requirements in order to maintain and protect property values, enhance
the appearance of development by softening the impact of structures, protect the
aesthetic assets of the community, provide screening between incompatible land
uses, reduce erosion and stormwater runoff, provide pervious surfacing to allow
natural ground water recharge, promote energy conservation and use of solar en-
ergy, reduce heat and air and noise pollution, and promote safety through reduced
glare and reduction of congestion and visual separation of traffic movement. The
landscaping standards in this chapter are minimum requirements.
20.80.315 Scope.
This section shall apply to all permitted and conditional uses except as specifically
listed below. It will apply to mobile home parks and recreational vehicle parks to
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Title 20 Amendments
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augment the standards found in WCC 20.80.950; in the case of conflicts the more
restrictive regulations shall apply. Remodeling projects representing 50 percent of
the assessed valuation of the structure are also covered by this section, but with
the requirements modified as needed to fit the existing situation. Major conversions
of use such as bed and breakfast establishments from single-family houses if five or
more parking stalls are required are also included.
This section does not apply to:
(1) Farms and accessory uses associated with farming;
(2) Single-family houses and duplexes and their accessory uses when not devel-
oped as part of an overall complex;
(3) Subdivision(s), short subdivision(s) and binding site plans;
(4) Remodels representing less than 50 percent of the assessed valuation of the
structure;
(5) Conversions of uses requiring less than five parking stalls.
20.80.320 Plans.
Prior to the issuance of a building permit a scaled landscape site plan shall be
submitted to and approved by the land use division of planning and development
services consistent with the provisions herein. This plan shall specify species name,
size and location of all proposed plant materials and all existing trees over eight
inches in caliper including those to be removed which shall be indicated. Existing
trees which are part of a cluster of trees need not be individually identified. An irri-
gation plan or specified method of watering and the type and location of all pro-
posed lighting shall also be included. Existing plants or native species which may
need no watering should be so noted. The plan shall specify the treatment of the
soil to protect its structure including method of protecting existing trees to remain
and their root zones. The preferred scale of a plan shall be one inch equals 20 feet;
but other scales may be used if approved by the zoning administrator, adequate
detail can be conveyed and the scales correlate to other required site plans.
20.80.325 Landscaping location and spacing.
All required open space or any areas of the property not committed to a use re-
quiring pervious surface must be landscaped. This may consist of any combination
of trees, lawn, groundcover and shrubs and up to 20 percent of a nonvegetative
decorative pervious material such as washed rock, bricks or paving stones. Howev-
er at least one tree will be required for every 2,000 square feet of open space in-
cluding walkways in addition to screening or planting along the property lines. Nat-
ural habitat other than noxious weeds may also be appropriate. Deciduous trees will
also be required parallel to all public rights -of -way. Small trees will be spaced ap-
proximately 25 feet on center; medium trees, 35 feet on center; and large trees, 45
feet on center. Alternatively, informal clumpings of coniferous or broad-leaved ev-
ergreen trees and/or deciduous trees may be utilized in an amount equivalent to a
row of trees spaced 25 feet on center. Small, medium and large trees, shrubs and
groundcover approved for use in county rights -of -way are listed in the Whatcom
County Development Standards, Chapter 5, Road Standards, Appendix I. Additional
landscaping and screening is required as noted in other sections of this chapter.
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20.80.330 Plant sizes at time of planting.
Evergreen trees shall be a minimum height of five feet with an average height of
six feet above the finished planting bed. Deciduous trees shall be at least one and
one-half inches in caliper measured four feet above ground level. Shrubs shall be at
least 21 inches in height above finished grade. Ground cover shall provide an im-
mediate coverage of at least 50 percent. In cases where they might interfere with
vehicle or pedestrian traffic, deciduous trees should have a clear trunk area of at
least seven feet above the ground.
20.80.335 Plant choices.
All species must be native to the area or recognized as being easily adaptable to
the climate. Trees with weeping or contorted branching structures may be used as
accent planting but should generally not be included as part of a screen planting or
in plantings parallel to property lines. The county may require the applicant to mod-
ify the plant choice to:
(1) Eliminate undesirable species which may conflict with power lines or sewers
because of their growth or evasive root systems;
(2) Provide a desired diversity of species; or
(3) Make the plantings more in scale and compatible with the uses in the imme-
diate vicinity of the subject property; or
(4) Provide plant materials that will fulfill the buffering or landscaping purpose of
that planting on a year-round basis;
(5) Provide visual relief on long facades.
A list of desirable and undesirable trees with tree sizes is maintained on file with
the land use division of planning and development services and may be used for
reference.
20.80.340 Existing vegetation.
(1) Applicants shall be encouraged to retain existing vegetation as appropriate.
(2) Existing vegetation may be used to meet all or part of the landscaping re-
quirements of this chapter.
20.80.345 Buffering plantings.
Buffers are required when the proposed use is in a commercial or industrial zone
and is directly adjacent to and shares a common boundary with property in a rural
or residential zone. They are normally 25 feet wide unless otherwise approved by
the administrator upon receipt of a detailed planting plan prepared by a landscape
architect or qualified landscape designer. Buffering plantings are intended to pro-
vide an all -season visual screen between commercial or industrial uses on one side,
and rural or residential uses on the other side. Landscape buffers may be required
on road frontages as a condition of development for commercial or industrial devel-
opment that includes outside storage of materials, outside parking of equipment or
vehicles other than vehicles for sale on the site, and similar uses that can be a vis-
ual distraction or unsightly to persons on the public right-of-way. Plant materials
that have minimal irrigation needs, and are native or have a demonstrated suitabil-
ity for Whatcom County are required. Twenty -five-foot planted buffers shall, at a
minimum, consist of two offset rows of predominantly coniferous trees at an aver-
age spacing of 15 feet triangulated on center or an equivalent effect. Some decidu-
ous trees shall be included and shrubs may be interspersed to provide interlocking
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Title 20 Amendments
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root structures to reduce windthrow. Fifty -foot planted buffers will require four rows
of trees in the same triangulated pattern as required in 25-foot buffers. Existing
natural buffers are encouraged but may need additional width or be augmented
with additional landscaping or fencing to provide the required sight barrier.
The buffer requirements for the Neighborhood Commercial zone when abutting
the Urban Residential Medium Density zone (except as otherwise provided in WCC
20.60.552) can be met with a six -foot -high sight -obscuring fence or a dense hedge
of sight -obscuring plantings.
20.80.355 Trash tWFor garbage collection storage areas — Screening and
placement.
All trash a or garbage collection of d-storage areas must be screened from view
from adjacent streets and properties using a solid fence or wall a minimum of six
feet high.
20.80.410 Signs — General provisions — Applicable to all districts.
(1) No sign or any portion of a sign shall be located on or over public property,
such as road rights -of -way and easements, transmission line corridors or utility
easements. Standard building height limits and setbacks shall apply to all signs un-
less otherwise provided elsewhere in this title or in other county codes or regula-
tions including the county's shoreline management program and the Point Roberts
Character Plan. All freestanding signs advertising on -premises operations may be
located within required landscaping areas, except that no such sign shall be closer
than 10 feet to the road right-of-way. This distance shall be increased if it can be
shown to present a traffic hazard.
(2) On -premises signs meeting the requirements of WCC 20.80.420 to 20.80.4-69
465 are permitted. Other than exempt signs under WCC 20.80.470, all other signs
in the Recreation and Open Space District are prohibited and all other signs in other
districts conditionally permitted subject to meeting the requirements of WCC
20.84.200.
(3) Off -premises advertising signs are prohibited in all districts except adjacent
to arterial roads or Interstate 5 in General Commercial or Industrial Districts where
they require a conditional use permit. Maximum sign size shall be 288 square feet
and not more than 25 feet high. Minimum separation between off -premises adver-
tising signs shall be a 500-foot radius. All off -premises advertising signs shall meet
the setback requirements found in WCC 20.80.215. Off -premises signs may be back
to back only; no V-type signs are allowed. Off -premises signs may display at most
two advertisements per side. The number of off -premises advertising signs within
the county shall not exceed 18, which is the total of existing off -premises advertis-
ing sign structures that as of April 30, 1990 (a) had a county conditional use permit
and (b) those facing Interstate 5 within Commercial or Industrial Districts with a
valid state permit. Permit holders for the existing 18 signs may replace any sign
they remove with a new sign subject to obtaining conditional use approval for the
new sign. By no later than April 30, 1996, all conforming off -premises advertising
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Title 20 Amendments
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signs which became nonconforming as a result of new regulations adopted the 7th
day of August, 1990, shall meet all requirements of said regulations or be abated;
provided, that those signs holding valid conditional use permits need not conform to
the setback from residence requirement of WCC 20.80.215(4).
(4) Signs shall not depict or describe "specified sexual activities" or "specified
anatomical areas" as defined in WCC 20.97.008.
20.80.420 Neighborhood Commercial District sign regulations.
(1) Single -faced signs placed on walls or eves of business establishments shall
not exceed 32 square feet.
(2) One freestanding sign is permitted for each Neighborhood Commercial Zone
District. Each sign shall not exceed 64 square feet with a maximum height of 10
feet.
(3) Lighted signs shall only be internally or indirectly illuminated.
(4) Reader board signs shall be allowed for tenant identification only, and mer-
chandise or price special advertising shall be prohibited.
(5) Off -premises advertising signs are prohibited.
20.80.430 Rural General Commercial and General Commercial District sign
regulations.
(1) Single -faced signs placed on walls or eaves of business establishments shall
not exceed 100 square feet in area. Freestanding signs shall not exceed 64 square
feet in area. Roof signs shall not extend laterally beyond the roof it is located on
and shall not exceed 100 square feet in area.
(2) Freestanding signs shall not exceed 25 feet in height and wall -mounted signs
shall not exceed the actual building height. Roof signs shall not extend more than
five feet above the peak of the roof.
(3) Lighted signs shall only be internally or indirectly illuminated.
20.80.435 Tourist Commercial District sign regulations.
(1) Signs shall be located on the premises with the use they are identifying.
(2) Single -faced signs placed on walls or eaves of business establishments shall
not exceed eight percent of the facade area where the sign will be located plus
eight square feet. No more than one wall sign shall be permitted per facade. The
facade area includes any one side of a building composed of walls, windows and
doors.
(3) Elevated signs shall not exceed 250 square feet in area on any one face, nor
exceed four faces per sign and shall be located no closer than 200 feet apart re-
gardless of ownership or number of businesses.
(4) Signs shall not exceed 40 feet in height except as provided for in paragraph
(7) below.
(5) Off -premises advertising signs are prohibited.
(6) Lighted signs shall only be internally or indirectly illuminated.
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(7) One of the freestanding on -premises signs shall be permitted additional sign
height subject to the following criteria:
(a) The sign identifies a business with a significant freeway orientation such
as a business offering lodging, food, fuel or automobile service.
(b) The sign is within 1,500 feet of a freeway interchange, measured from
the intersection of the centerline of a freeway and the centerline of the in-
tersecting roadway.
(c) The permitted sign height shall not exceed 50 feet above the elevation of
the overpass or freeway (whichever is higher) at the intersection of the
freeway centerline and the centerline of the intersecting roadway.
20.80.440 Small Town Commercial and Resort Commercial District sign
regulations.
(1) All uses shall be allowed on -premises signs in connection with any permitted,
accessory or conditional use, subject to the following provisions:
(2) One freestanding sign for each road frontage, not to exceed 10 feet in height,
and one wall sign; with total surface area of all signs not to exceed:
(a) Twelve square feet for each road frontage for multiple family and
rooming houses with less than or equal to 20 units;
(b) Forty square feet for each road frontage for hotels and motels; pro-
vided, that on any road frontage exceeding 160 feet, 60 square feet shall be
allowed; and
(c) Twenty-four square feet for each road frontage for all other uses.
(3) Lighted signs shall only be internally or indirectly illuminated.
(4) Reader board signs shall be allowed for tenant identification only, and mer-
chandise or price special advertising shall be prohibited.
(5) Signs shall be nonmoving, nonfluttering, and nonrotating, with pennants,
banners, small lights and similar decorations of a seasonal or holiday or special
event character allowed for up to 90 days per year.
(6) Off -premises advertising signs are prohibited.
20.80.450 General Manufacturing, Light and Heavy Impact Industrial, Ru-
ral Industrial and Manufacturing, and Airport Operation Districts sign regu-
lations.
(1) Unlighted temporary building signs not to exceed 64 square feet in area, with
message limited to the name, address and phone number of the project, contractor,
architect, and financial source shall be permitted.
(2) Real estate signs shall be limited to one sign per street frontage, shall be un-
lighted and shall not exceed 64 square feet in area.
(3) The following regulations shall apply to permanent signs for industrial uses:
(a) All signs must be an integral and coordinated part of a site design plan
for the entire complex.
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(b) One freestanding sign shall be permitted at the entrance to each indi-
vidual site; provided, that total sign area for any one face does not exceed
64 square feet.
(c) One freestanding sign not higher than 25 feet shall be permitted at
each main entrance to an industrial park. The message of said sign shall be
limited to the name of the park and its occupant(s). Sign area of any one
face shall not exceed 275 square feet.
(d) Wall signs shall be flush against the building and shall not exceed 25
percent of the total wall area, on which they are located less windows and
doors.
(e) Roof signs not greater than five feet above the peak of the roof and
not extending beyond the roof it is located on shall be permitted.
(4) For nonindustrial uses the following regulations shall apply:
(a) One freestanding sign not to exceed 64 square feet in surface area per
sign face. A maximum of two sign faces shall be allowed. Height of this sign
shall not exceed 25 feet.
(b) Single -faced signs on walls or eaves not to exceed a cumulative total
of 100 square feet in area.
(c) Roof -mounted signs with a maximum of two faces per sign not to ex-
ceed a cumulative total of 100 square feet in surface area per face (or faces
visible from one direction). These signs shall not extend laterally beyond the
roof nor more than five feet above the highest point of the roof.
20.80.460 Recreation and Open Space District sign regulations. .
(1) One freestanding sign for each road frontage shall be permitted; provided the
sign does not exceed six feet in height and surface area does not exceed 24 square
feet. Sign setbacks shall be at least 20 feet from the edge of a county or state road
right-of-way, or 25 feet from adjacent nonpublic property lines.
(2) One wall sign for each accessory or conditionally permitted structure shall be
permitted; provided total sign area does not exceed 12 square feet.
(3) Signs demarcating public property boundaries shall be permitted; provided
total sign area for each individual sign does not exceed three square feet. Said
signs may be located at property lines.
20.80.465 Urban Residential -Mixed (UR-MX) District sign regulations.
(1) Not more than two identification signs, with a maximum of 32 square feet to-
tal area for each storefront shall be permitted; provided, that said sign(s) shall not
project above any part of the roof line. Signs may extend 24 inches from the wall or
to the edge of a permanent canopy or awning of the building to which it is attached.
At least one of the signs for an individual business must be readable to pedestrians
on the adjacent sidewalk.
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(2) Said signs shall be harmonious and compatible with the character of the sur-
rounding area.
(3) Signs may only be illuminated by an indirect external source.
20.80.630 Stormwater and drainage. (Adopted by reference in WCCP Chapter
(1) All development activity within Whatcom County shall be subject to the
stormwater management provisions of the Whatcom County Development Stand-
ards or the provision addressed herein, as applicable, unless specifically exempted.
(2) No project permit shall be issued prior to meeting the stormwater require-
ments of this chapter and/or Chapter 2 of the Whatcom County Development
Standards. Advisory Note: Certain stormwater discharges to natural receiving wa-
ters are subject to state water quality standards and the requirements of the Na-
tional Pollutant Discharge Elimination System (NPDES). Hydraulic Project Approval
(HPA) may also be required if stormwater is discharged to a water body or stream
that provides, or could provide, habitat for fish.
(3) Unless other county stormwater management provisions are more restrictive,
all development activity within NPDES Phase II area boundaries, as delineated at
the time that the county determines that the development application is complete,
shall comply with the most current editions of:
• The Washington State Department of Ecology Stormwater Management
Manual for Western Washington; and
• Appendix 1, Minimum Technical Requirements for New Development and
Redevelopment, of the Western Washington Phase II Municipal Stormwater Permit;
and
• Appendix 7, "Determining Construction Site Sediment Damage Potential," of
the Western Washington Phase II Municipal Stormwater Permit.
20.80.640 Driveways.
A permit shall be obtained from the county engineer or State Department of
HighwaysTransportation, as appropriate, prior to the construction of any driveways
on a public right-of-way. The location of driveways adjacent to a property line func-
tioning as one point of ingress and egress to both properties shall be encouraged
and shall be considered as one driveway. The location of driveways shall be in ac-
cordance with standards adopted by the county or State Department of Highways
Transportation as appropriate and approved by the county council. These standards
shall regulate location, width and alignment as they relate to safety and traffic con-
gestion.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.83
NONCONFORMING USES AND PARCELS
20.83.040 Change to another nonconforming use.
The change of a nonconforming use to another type of a nonconforming use shall
be conditionally permitted, except that a nonconforming use shall not be changed
to an adult business. The change of nonconforming use shall be approved if it is
consistent with the applicable zoning regulations, except the use restrictions, and
complies with WCC 20.84.220(2) to (89), providing such change does not require
the provision of water and sewer utility services at a level greater than that cur-
rently available to the subject property, and that the new nonconforming use does
not result in greater impacts upon surrounding properties than did the original non-
conforming use.
20.83.130 Affidavit of nonconforming use.
When a nonconforming use of a property is challenged through a complaint from
the public or by initiative of the zoning administrator, the burden of proof of ap-
plicability of WCC 20.83.010 above, shall rest with the property owner. The owner
shall make public record of his right of nonconforming land use status by filing an
affidavit of nonconforming use with the zoning administrator that contains the legal
description of the affected property, the purpose for which the property is used and
any other facts necessary as evidence to verify the legitimacy of the nonconformity.
The affidavit shall be accompanied by a filing fee as listed on the current fee sched-
ule. The zoning administrator or designee shall make a site examination to verify
the nonconforming use and endorsed upon the affidavit if found to be as represent-
ed by the applicant.
The administrative determination to endorse or not to endorse a nonconforming
use may be appealed under WCC 20.92.210(2J20.84.240.
Chapter 20.84
VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND
APPEALS
20.84.220 Criteria.
Before approving an application for a conditional use permit, the hearing examiner
shall ensure that any specific standards of the use district defining the conditional
use are fulfilled, and shall find adequate evidence showing that the proposed condi-
tional use at the proposed location:
52 252
Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
(1) Will be harmonious and in accordance with the general and specific objectives of
Whatcom County's Comprehensive Plan and zoning regulations.
(2) Will be designed, constructed, operated, and maintained so as to be harmonious
and appropriate in appearance with the existing or intended character of the gen-
eral vicinity, and that such use will not change the essential character of the same
area.
(3) If located in a rural area (as designated in the Comprehensive Plan), will be
consistent with rural land use policies as designated in the rural lands element of
the Comprehensive Plan.
(4) Will not be hazardous or disturbing to existing or future neighboring uses.
(5) Will be serviced adequately by necessary public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and
sewers, and schools; or that the persons or agencies responsible for the establish-
ment of the proposed use shall be able to provide adequately any such services.
(6) Will not create excessive additional requirements at public cost for public facili-
ties and services, and will not be detrimental to the economic welfare of the com-
munity.
(7) Will not involve uses, activities, processes, materials, equipment and conditions
of operation that will be detrimental to any persons, property, or the general wel-
fare by reasons of excessive production of traffic, noise, smoke, fumes, glare or
odors.
(8) Will have vehicular approaches to the property which shall be so designed as
not to create an interference with traffic on surrounding public streets.
(9) Will not result in the destruction, loss or damage of any natural, scenic or his-
toric feature of major importance.
20.84.240 Appeals.
The hearing examiner shall have the authority to hear and decide, in conformity
with this chapter, appeals from any order, requirement, permit decision or determi-
nation made by an administrative official in the administration or enforcement of
this chapter where more than one interpretation is possible; provided, that such
appeal shall be filed in writing within 14 days of the action being appealed. If an
appellant prevails in an appeal of an administrative approval decision, the appel-
lant's appeal fees shall be refunded. The appeal fee on a code violation will be re-
53
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Title 20 Amendments
September 12, 2013 Planning Commission Recommendation
funded if the appellant can prove by clear and convincing evidence that a violation
did not occur. Appeals of administrative approval use permit decisions for adult
businesses shall be made directly to the county council pursuant to WCC 20.92.825,
and shall not be subject to the provisions of WCC 20.84.240.
Chapter 20.85
PLANNED UNIT DEVELOPMENT (PUD)
20.85.020 Applicability.
This chapter is applicable in any zone district within an urban growth area and
short-term planning area. The provisions of this chapter can be used for any resi-
dential, commercial and/or industrial project on property two acres or greater in
size; provided, however, that residential PUDs are not permitted in the Cherry Point
Industrial Urban Growth AreaeF in the Custer -D-rvv's6"al 1 rh, Gr,. th rFea
.
Transfer of development rights shall be utilized within designated density transfer
receiving areas as shown on the official Whatcom County zoning map to achieve the
allowed maximum density prior to the utilization of the density bonus provisions of
this chapter. A planned unit development may be used on property less than two
acres in size when the zoning administrator finds one or more of the following con-
ditions exists:
.021 An unusual physical or topographic feature of importance to the area as a
whole exists on the site or in the neighborhood, which can be conserved and still
leave the applicant equivalent use of the land by the use of a planned unit devel-
opment.
.022 The property or its neighborhood has a historical character of importance or
the community that will be protected by use of a planned unit development.
.023 The property is adjacent to or across a street from property which has been
developed or redeveloped under a planned unit development, and a planned unit
development will not detract from the amenities and aesthetic values of the neigh-
boring planned unit development.
.024 The project will use unique or innovative design concepts which would ben-
efit the public welfare including design provisions which would be precluded by the
underlying district.
.025 The project would meet an important social need that cannot be realized
with the underlying zone.
.026 The project will promote creativity or affordability in residential, commercial
and industrial development.
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Title 20 Amendments September 12, 2013 Planning Commission Recommendation
Chapter 20.90
AMENDMENTS*
20.90.070 Transmittal of amendments to the state.
Pursuant to RCW 36.70A.106(3) and—WflG 365 195 62o, the department of plan-
ning and development services shall notify and transmit copies of initiated amend-
ments to this title and the official Whatcom County zoning map to the Washington
State Department of Community,
ether state ageneies identified en a list distFibuted by Commerce at least 60
days prior to final adoption. The department of planning and development services
shall also transmit a complete and accurate copy of zoning amendments to GT-E-D
Commerce within 10 days after the enacting ordinance is signed by the county ex-
ecutive.
Chapter 20.97
DEFINITIONS
20 9 / 06-
.Reserved.
20.97.295
Permanent foundation.
"Permanent foundation" means a foundation constructed of masonry, concrete or
treated wood in conformance to the requirements of the current code as adopted
and amended per Whatcom County Code, Title 15, Building & Construction, UnifOffn
Building Cedes and shall extend below the frost line or other method as accepted
by the building official.
55
255
File # PLN2012-00011 August 22, 2013
Title 20 Update Staff Report, Page 1
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
STAFF REPORT
I. BACKGROUND INFORMATION
File # PLN2012-00012
File Name: Title 20 Update
Applicant: Whatcom County
Summary of Request:
Amendments to the Whatcom County Zoning Code to remove errors and
inconsistencies.
Location:
County -wide
Staff Recommendation:
Approval
History
In December 2012, the County Executive appointed a Title 20 Review Advisory
Committee to work with Planning and Development Services (PDS) staff to find ways
to correct errors and eliminate inconsistencies in the County's Zoning Code (WCC
Title 20). The Executive stated the purpose of the review was to make the code
clearer and more user-friendly but not to revise the content of the code provisions
to make them more, or less strict, or lenient. The Executive suggested that changes
to the content requiring policy discussions be set aside for possible docketing in the
future.
The committee met with staff eight times in early 2013 and forwarded a
memorandum to the Executive in July, 2013 outlining its recommendations (see
attached). The committee recommended several amendments to Title 20, as well as
some future actions that would require further study. The committee's
recommended Title 20 amendments are now being forwarded to the Planning
Commission for consideration.
256
File # PLN2012-00011 August 22, 2013
Title 20 Update Staff Report, Page 2
II. PROPOSED AMENDMENTS
This group of Title 20 amendments is generally limited to corrections of errors and
inconsistencies that could lead to confusion in interpreting the code. Proposed
amendments include the following:
• Correct outdated building code references. Specific references to building
codes are replaced with a reference to Title 15 where the currently adopted
codes are listed. (WCC 20.13.110, 20.59.1001 20.67.100, 20.69.110,
20.69.656, 20.70.654, 20.97.295)
• Restore recreational vehicle and one accessory guest recreational
vehicle as a permitted use in UR zones in the. Foothills Subarea. This
provision, which only affects only the Columbia Valley UGA, was intermittently
removed during the Rural Element zoning code amendments of 2011 (WCC
20.20.135)
• Revise references to the State Department of Highways. The name of
that agency changed to the Department of Transportation but code
references did not reflect the change. (20.22.656, 20.44.653, 20.59.705,
20.60.656, 20.61.705, 20.62.654, 20.63.655, 20.64.6561 20.65.655,
20.66.654, 20.67.654, 20.68.654, 20.73.651, 20.80.640)
• Correct references to the code's definition of cottage industry. The
location of the cottage industry definition was changed from 20.97.087 to
.089 but references throughout the code did not reflect that change. (WCC
20.32.135, 20.34.134, 20.35.132, 20.36.161, 20.40.135, 20.40.155,
20.42.135, 20.42.164)
• Add notes indicating code sections that have been adopted by
reference into the Whatcom County Comprehensive Plan. These notes
would act as a reminder than any change to those sections would also have to
be processed as a comprehensive plan amendment. Code provisions related
to clustering, buffers, and stormwater were adopted by reference into the
Comprehensive Plan's Rural Element (Policy 2DD-2) in 2012, as measures
that protect rural character. (WCC 20.32.305, 20.32.310, 20.32.320,
20.32.450, 20.32.656, 20.34.305, 20.34.310, 20.34.320, 20.34.659,
20.36.305, 20.36.310, 20.36.320, 20.36.450, 20.36.656, 20.37.655,
20.44.652, 20.59.600, 20.59.704, 20.60.550, 20.60.655, 20.61.600,
20.61.704, 20.63.550, 20.63.654, 20.64.550, 20.64.655, 20.67.550,
20.67.653, 20.69.550, 20.69.655, 20.71 (full chapter), 20.71.350,
20.71.351, 20.71.351, 20.72.350, 20.72.651, 20.72.653, 20.72.654,
20.80.200 (all setback requirements), 20.80.255, 20.80.256, 20.80.258,
20.80.300 (all landscaping requirements), 20.80.630)
• Change reference from "bed and breakfast lodgings" to "bed and
breakfast inns." No other reference to bed and breakfast lodgings exists in
2
257
File # PLN2012-00011 August 22, 2013
Title 20 Update Staff Report, Page 3
the code; definitions exist in 20.97.027 and .028 for bed and breakfast
establishments and inns but not lodgings. (WCC 20.36.170)
• Remove reference to the Birch Bay-Lynden Road area under the
Gateway Industrial District's building height limitations. Gateway
Industrial zoning no longer exists in the Birch Bay Lynden Road area because
of the 2011 rezones that were part of the Rural Element amendments. (WCC
20.65.400)
• Revise maximum square footage for an accessory storage building
structure in Point Roberts Special District. This square footage was
revised in other zones from 120 to 200 square feet, except in this district.
(WCC 20.172.130(5))
•. Remove reference to repealed WAC sections in Chapter 20.78
Transportation Concurrency Management. (WCC 20.78.010)
• Clarify screening requirements for trash storage areas. Current wording
is unclear as to whether screening requirements apply to trash/garbage
collection storage areas or to all storage areas. (WCC 20.80.355)
• Correct references for on -premises sign requirements. Reference to
20.80.465 (URMX) sign regulations is not included with reference to other
zone's sign regulations. (20.80.410)
• Correct a reference to conditional use criteria. A change of one
nonconforming use to another requires a conditional use permit, and
references to the conditional use permit provisions in WCC 20.84.220 do not
currently include all subsections (2) to (9) because of an addition to the
criteria. (WCC 20.83.040)
• Correct a reference to conditional use appeals. Appeal of an
administrative determination on a nonconforming use should refer to the
conditional use appeal process in WCC 20.84.240 rather than the hearing
examiner decision provisions of WCC 20.92.210(2). (WCC 20.83.130)
• Remove outdated reference to a UGA. The Planned Unit Development
provisions currently prohibit residential PUD's in the Custer Provisional Urban
Growth Area, though that UGA no longer exists. (WCC 20.85.020)
• Remove outdated references to WAC and State Department of
Community, Trade, and Economic Development (CTED). In Chapter
20.90 Amendments, transmittal requirements refer to a WAC provision that
has been repealed and to the former name of the current Department of
Commerce. (20.90.070)
• Remove definition of "commission" to mean "planning commission of
258
File # PLN2012-00011 August 22, 2013
Title 20 Update Staff Report, Page 4
Whatcom County." Title 20 consistently refers to the Planning Commission
rather than "commission" so the definition is unnecessary.
In addition to the above amendments proposed for immediate adoption, the
committee makes a number of recommendations for future action in the attached
memorandum. Many of these would entail docketing a specific code amendment for
consideration by the Planning Commission and County Council, where the policy
implications of the issue can be thoroughly discussed. Additional items that could be
considered include:
• Consolidate Chapter 20.74 requirements into Chapters 20.66 and 20.68,
which was discussed by the committee as a means of eliminating an
unnecessary chapter without changing the content of the zoning
requirements, and
• Adopt "procedures for administrative interpretation of development
regulations," as required by RCW 36.70B.110(11).
III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION
1. The County Executive appointed a Title 20 Review Advisory Committee to
work with Planning and Development Services staff to correct errors and
eliminate inconsistencies in the County's Zoning Code.
2. The committee and staff met eight times in early 2013 and forwarded a
memorandum to the Executive in July, 2013 outlining its recommendations,
including the proposed amendments.
3. A State Environmental Policy Act (SEPA) determination of non -significance
(DNS) was distributed on August 26, 2013.
4. The proposed amendment was posted on the County website August 22,
2013.
5. Notice that the proposal had been posted on the County website was sent to
citizen, media and other groups on the County's e-mail list August 22, 2013.
6. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on August 1, 2013.
7. Notice of the Planning Commission hearing for the subject amendment was
published in the Bellingham Herald on August 30, 2013.
8. Notice of the Planning Commission hearing for the subject amendment was
4
259
File # PLN2012-00011 August 22, 2013
Title 20 Update Staff Report, Page 5
posted on the County's website on August 22, 2013.
9. The Planning Commission held a public hearing on the subject amendment on
September 12, 2013.
10. In order to approve the text amendment, the County must find that is
consistent with the Growth Management Act. Additionally, the County must
find that the zoning amendment is consistent with and implements the
Whatcom County Comprehensive Plan.
IV. PROPOSED CONCLUSIONS
1. The subject zoning amendment complies with the Growth Management Act.
2. The subject zoning amendment is consistent and implements the Whatcom
County Comprehensive Plan.
V. RECOMMENDATION
Staff recommends the Planning Commission forward to the County Council a
recommendation of approval of the attached draft Zoning Code amendments.
Attachments:
July 29, 2013 Memorandum: Recommendations of the Title 20 Review Advisory
Committee
Draft Title 20 Amendments
5
260
WHATCOM COUNTY J.E. "Sam" Ryan Director
Planning & Development Services rP;`om `O�y
5280 Northwest Drive
Bellingham, WA 98226-9097
360-676-6907, TTY 800-833-6384
360-738-2525 Fax
M E M O R A N D U M
TO: County Executive Jack Louws
FROM: Title 20 Review Advisory Committee
DATE: July 29, 2013
SUBJECT: Title 20 Review Recommendations
In December 2012 you appointed an advisory committee to work with Planning
and Development Services staff in drafting changes to the County's zoning code,
WCC Title 20. In your appointment letter you stated the purpose of this Title 20
review:
The purpose of this project is to correct errors and eliminate inconsistencies in the
zoning code, making the code clearer and more user-friendly. The intent is not to
revise the content of code provisions to make them more, or less, strict, or
lenient. In general any proposal to make a policy -related change should be
considered in a separate process and should be set aside for possible docketing in
the future.
Because improved public service is the overarching goal of the Executive's
initiation of the Title 20 review project, the committee discussed a number of
topics with the goal of making the code more clear and concise, and making the
development process more easily understood by the public. As a result, the
recommendations of the committee involve amendments to Title 20 as well as
other tools to help the public more easily navigate the permitting process at PDS.
The advisory committee met eight times during the first half of 2013, examining
various code sections that were suggested by PDS staff or by committee
members as needing clarification or correction. For some of these sections the
committee developed the recommended changes shown in the attached draft
Title 20 amendments. PDS will forward these recommendations to the Planning
Commission for consideration.
The committee believes further work is necessary and recommends the effort to
make the code clearer and more user-friendly be continued. The next phase
would likely be a more extensive process that would include changes to the
content of the code that would involve some public policy decisions. The
committee recommends that a future phase of this project include consideration
of the following specific topics to ensure clarity, maintain consistency with
existing law, and make sure the rules have a legitimate public purpose:
261
Memorandum
July 29, 2013
• Revise or consolidate various terms and definitions (e.g. "gas station" and
"service station," "building" and "structure," "agriculture" and "agricultural
processing")
• Consider re -formatting the zoning code chapters to consolidate similar
types of zones into a single chapter. As an illustration, PDS staff drafted a
single chapter that consolidated five rural zones into one chapter with a
matrix that showed which uses were allowed (outright, administratively,
and conditionally) in each zone. This illustration was promising in that it
had the potential to eliminate a significant amount of duplication, but
pointed out the need for some of the policy -oriented amendments listed
above to eliminate duplicative or inconsistent descriptions of uses. This
consolidation approach could be applied to commercial zones, industrial
zones, and urban zones as well.
• Eliminate the Eliza Island (EI) zone
• Rename the Rural Residential -Island (RRI) and Transitional Zone (TZ) to
reflect that they are specific to Lummi Island and Point Roberts,
respectively
• Make sign standards in Small Town Commercial (STC) zones consistent
with those of other rural commercial zones (WCC 20.80.44)
• Clarify that the Rural Residential Density Overlay calculation (WCC
20.32.252 and 20.36.252) defines new density rather than lot size, so that
clustering would be possible
• Change zoning for Scenic Estates zoning on Lummi Island - currently RF
but per 20.42.010 it is "administered under RRI"
• Clarify the square footage for a pump house that requires a conditional
use permit in WCC 20.82.022
• Clarify what type and size of water storage tanks is a permitted use per
WCC 20.82.023
• Clarify references to Urban Fringe Subarea maps
• Clarify whether appeal fees discussed in WCC 20.84.240 can be refunded
• Incorporate "plain language" principles in any revision of the zoning code
In addition, the committee recommends the following actions be taken by the
County:
• Improve existing FAQ pages on the PDS web site, and provide additional
information on some of the most commonly asked questions, including
whether a property owner can build a second dwelling on a parcel (see
PDS draft, attached) update handouts - consistency with current code
• Continue to work toward providing Geographic Information Systems (GIS)
capability on the County's web site, so the public can access maps and
parcel data online, as is common in other counties
• Make PDS code interpretations available to public - over the years PDS
has written interpretations of various code provisions, which should be
available via the County web site
The committee members listed in the attached roster thank you for the
opportunity to serve in this advisory role and encourage the County to continue
in its efforts to improve its service to the public.
2
262
Memorandum
July 29, 2013
Attachments:
Draft Title 20 amendments
Title 20 Review Advisory Committee
Title 20 Review Advisory Committee
Draft paper on second dwellings
Roster
Meeting Summaries
263
File # PLN2012-00011 September 19, 2013
Title 20 Update Planning Commission Recommendations, Page 1
WHATCOM COUNTY
PLANNING COMMISSION
Title 20 Update
FINDINGS OF FACT AND REASONS FOR ACTION
1. The County Executive appointed a Title 20 Review Advisory Committee to
work with Planning and Development Services staff to correct errors and
eliminate inconsistencies in the County's Zoning Code.
2. The committee and staff met eight times in early 2013 and forwarded a
memorandum to the Executive in July, 2013 outlining its recommendations,
including the proposed amendments.
3. A State Environmental Policy Act (SEPA) determination of non -significance
(DNS) was distributed on August 26, 2013.
4. The proposed amendment was posted on the County website August 22,
2013.
5. Notice that the proposal had been posted on the County website was sent to
citizen, media and other groups on the County's e-mail list August 22, 2013.
6. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on August 1, 2013.
7. Notice of the Planning Commission hearing for the subject amendment was
published in the Bellingham Herald on August 30, 2013.
8. Notice of the Planning Commission hearing for the subject amendment was
posted on the County's website on August 22, 2013.
9. The Planning Commission held a public hearing on the subject amendment on
September 12, 2013.
10. In order to approve the text amendment, the County must find that is
consistent with the Growth Management Act. Additionally, the County must
find that the zoning amendment is consistent with and implements the
Whatcom County Comprehensive Plan.
264
File # PLN2012-00011 September 19, 2013
Title 20 Update Planning Commission Recommendations, Page 2
CONCLUSIONS
1. The subject zoning amendment complies with the Growth Management Act.
2. The subject zoning amendment is consistent and implements the Whatcom
County Comprehensive Plan.
RECOMMENDATION
Based upon the above findings and conclusion, the Whatcom County Planning
Commission recommends approval of the proposed amendments as shown on
Exhibit A, and forwards the recommendations of the Title 20 Review Advisory
Committee as shown in Exhibit B.
WHATCOM COUNTY PLANNING COMMISSION
Michelle Luke, Chair
Date
Sam Ryan, Sec-- Lary
Date
Commissioners present at the September 12, 2012 meeting when the vote was taken:
Ken Bell, Ben Elenbaas, Rod Erickson, John Lesow, Michelle Luke, David Onkels, Jeff
Rainey, Mary Beth Teigrob, and Gerald Vekved.
Vote: Ayes: 9, Nays: 0, Abstain: 0, Absent: 0. Motion carried to adopt the
above amendment.
2
265
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-018
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
10122113
Council Committee
Originator:
U",i/
8129113
of the Whole
Wendy Wefer-Clinton
l
(Executive Session)
Division Head
8129113
Karen S. Goens
�[ _-' q._J�
a. °`' 5
13
Dept. Head:
Prosecutor:
5,11 F Y
C
Purchasing/Budget:
G t 01
Executive:/V,�/
TITLE OF DO T:
ATTACHMENTS:
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a bearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public
bearing, 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.
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Whatcom County Council
Special Surface Water Work Session
September 17, 2013
CALL TO ORDER
Council Member Pete Kremen called the meeting to order at 10:30 a.m. in the Civic
Center Garden Level Conference Room, 322 N. Commercial, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Ken Mann, Pete Kremen and Carl
Weimer
Absent: Kathy Kershner and Bill Knutzen
SURFACE WATER WORK SESSION (AB2013-024)
Kremen moved to nominate and appoint Councilmember Crawford the chair for this
meeting.
The motion carried by the following vote:
Ayes: Mann, Crawford, Weimer and Kremen (4)
Nays: None(0)
Absent: Brenner (out of the room), Kershner and Knutzen (3)
(Clerk's Note: Councilmember Crawford assumed the duties of the Chair.)
1. INTRODUCTION OF NEW STAFF — MRC COORDINATOR AND NATURAL
RESOURCES MANAGER
Chris Brueske, Public Works Department, introduced Austin Rose, the new Marine
Resources Committee (MRC) Coordinator, who previous worked with the Northwest Straits
Commission.
He also announced the hiring of the new natural resource manager position. Gary
Stoyka, who currently works in Skagit County, will begin in October. Mr. Stoyka will work
on the water resource inventory area (WRIA) 1, the Planning Unit, water supply planning,
salmon recovery, shellfish protection, and solid waste.
2. INTRODUCTION OF SIX -YEAR WATER RESOURCE IMPROVEMENT PLAN
(WRIP) 2014-2019
Chris Brueske, Public Works Department, stated this is a new plan similar to the Six
year transportation improvement program. He submitted an updated version of the plan
(on file). This is a strategic planning document for the various programs. It's not a budget
document, but guides annual budgets he brings forward for review and approval. He
intends to open the planning process for capital work, provide public input, and increase
Surface Water Work Session, 9/17/2013, Page 1
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
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herein is subject to change upon further review and approval by the Whatcom
County Council.
transparency of the process. The Revised Code of Washington (RCW) requires that the
Board of Supervisors for the Flood Control Zone District adopt a work plan by resolution for
capital work and have a public hearing prior to that. This plan will fulfill that requirement.
He described the items on the spreadsheet. The item numbers aren't a priority.
Roland Middleton, Public Works Department, submitted an update of the project
information sheets, that include added page numbers, and a few updated dollar figures.
Items 15 and 25 are the same project.
Brueske stated he took this plan to the Flood Control Zone District Advisory
Committee (FCZDAC), which recommended adoption of the resolution by a vote of 8-1. The
plan will go to the Birch Bay Watershed and Aquatic Resources Management Advisory
Committee (BBWARM) tomorrow. He hopes for a similar recommendation. In a week, it is
on the Council agenda for introduction, and a public hearing at the first meeting in October.
There is no statutory deadline.
Crawford asked if the law requires a plan. Brueske stated it does, but doesn't
require a six -year plan. They will update the plan each year. Plan for six years because
these projects take years to develop.
Kirk Christensen, Public Works Department, read through and gave an overview of
each project in the Lake Whatcom stormwater section.
Brenner stated she believed they decided to make Sudden Valley a higher priority
and asked if the total estimated project cost includes engineering and construction.
Brueske stated the estimate does include engineering and construction. He doesn't know
the history of ranking Sudden Valley's priority.
Christensen stated the difficult issue with Sudden Valley is that it's private property.
Brenner stated new regulations allow properties to be used to meet environmental
standards. Do it sooner rather than later. Christensen stated it's not as densely urbanized
as other areas they're working on. He assessed the different situations in the field, the
runoff isn't as bad as in other areas.
Brenner stated the County made a commitment to work with Sudden Valley and to
negotiate on some of the properties.
Kremen stated he agrees with Mr. Christensen. Contamination levels and infiltration
from Coronado and Academy, for example, are much higher than Beaver Creek. That's why
Sudden Valley didn't score as high. They have made a commitment to Sudden Valley, but
the County must take care of the higher prioritized projects first.
Brueske stated the chance for grant funding for Academy Road is good. That is a
factor considered in prioritization.
Kremen asked if project 2 is the house the City purchased and blocked off. Brueske
stated it is.
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Mann asked if any of the new stormwater rules or development standards will
prevent them from having to keep spending money on retrofits. Christensen stated it will
help to meet the total maximum daily load (TMDL) and reduce phosphorous in Lake
Whatcom. It will take a combination of things to meet the TMDL requirements, including
the projects and the lot owners doing their part.
Brueske stated many roads were put in before stormwater requirements existed.
That's true for Academy Road. Some of the newer properties being developed are subject
to small lot residential standards.
Crawford stated the regulations they passed are forward -looking. This is looking
back to fix problems. This is road -centric, and not so much about houses.
Weimer stated most of these are funded from flood funds. He asked if they are not
worried about the health of the flood fund. Brueske stated the real estate excise tax (REET)
funding is only official through the end of next year. The flood fund budget includes this
program. This program will keep a healthy balance in the flood fund. If there is a huge
flood and they don't get federal aid, they may have to drop projects from this plan so they
maintain the emergency level in the fund. They've been successful getting grant funding,
and anticipate more grant funding for these projects. The program will be updated to show
the various sources of funding. With BBWARM, the fund balance looks very healthy. There
is a lot less uncertainty about what will come up. There will be a fund balance of $500,000
at the end of year three. That's right on with the assessment and expenditures. They're
not stockpiling money and they're not depleting the fund.
Weimer asked about the homeowner incentive program (HIP) running out of money
and whether the HIP will be funded through this plan. Brueske stated this plan only reflects
capital work, and doesn't include programmatic work. He doesn't know if the HIP will be
funded from the flood fund.
Christensen stated increasing demands of the national pollution discharge elimination
system (NPDES) phase II is a big source of programmatic expenses. The HIP may come
from the flood fund.
Kraig Olason, Public Works Department, read through and gave an overview of each
project in the Birch Bay section.
Middleton described project 15/25, the Birch Bay Drive and Pedestrian Project.
Mann referenced the North Bay trailer park project and asked about the alternatives
for privately -owned properties that pose a challenge. He asked if they are the properties
that get flooded if the County doesn't do anything. Olason stated there are upland and
lowland properties. There are no rights -of -way out there, so the County must work with the
property owners on the systems. The issue is how much liability BBWARM and the County
want to take on by working out a deal for an easement. If someone has a failing system,
they would like to sign it over to someone. That's where they are right now. So far,
they've worked within rights -of -way and tried to deal with drainage issues that are also in
the County's interest. As they work farther out into the full drainage system, they must
think about the responsibility for drainage systems that run through the properties of
multiple owners. No one is maintaining them, and they're getting old.
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Crawford stated there have been concerns from Councilmember Brenner about not
vacating rights -of -way specifically for this reason. He asked if they can do road vacations
that reserve an easement for the County. Middleton stated it's something they want to look
into.
Olason stated the entire water quality treatment system for Cottonwood is in an un-
vacated road end.
Crawford stated he's in favor of vacating properties, but this validates
Councilmember Brenner's concerns about making sure they keep easements for this type of
work.
Brenner stated they could vacate roadways, not right-of-way easements. She asked
about the BBWARM and flood fund contribution. Brueske stated those contributions will go
towards construction.
Crawford stated all of the projects seem to be near one central point in Birch Bay.
He asked if they are looking at the biggest need in that one area, as opposed to all of Birch
Bay. Olason stated that in the original plan, the Advisory Committee wanted more
information on the projects and why they were having problems, which is why they initiated
the sub -watershed master plan. In the core area where they had the first sub -watershed
master plan, they had the most information. If they finish the second master plan and get
new information, they will have to reevaluate all the projects.
Crawford stated they are doing projects here because they have more information
here, not necessarily because it's the biggest problem in Birch Bay. Olason stated they are
looking at where they can get the most benefit, without jumping from one project to the
next without good information. The sub -watershed plans take several years to finish. Over
time, they get better information and have a better idea of where to invest the money. It
does give advantage to areas where they have the most information. As they get more
detail, the plan will change.
Kremen asked if the Steve Halpin property is within the BBWARM area. Olason
stated it is. It is a private property situation on Birch Point.
Paula Cooper, Public Works Department, read through and gave an overview of each
project in the River and Flood section.
Brenner referenced the Marietta acquisition and asked how long the County will keep
paying for properties. A number of those properties aren't livable. The County seems to be
paying for more than anyone could get from them. People won't be able to build there,
which will lower the value of the property. Set a certain amount per buildable lot rather
than keep negotiating. Cooper stated the County may be required to pay what it does.
Kremen stated the County is required to pay fair market value.
Brenner stated fair market value sometimes doesn't consider whether the properties
can be built on.
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Kremen stated fair market value is supposed to take that into consideration.
Cooper stated the properties are buildable from a regulatory standpoint.
Brenner stated she can't imagine anyone will build there. They won't get flood
insurance. Cooper stated they can get flood insurance.
Brenner stated the cost of flood insurance would cost more than the fair market
value of the property. Cooper stated hydraulic modeling is showing that if they can
complete acquisition and remove the levee, they can improve conditions on the other side,
where the infrastructure is located. The plan calls for setting back the right back levee all
the way to Ferndale Road. The models shows that they may not need to do all that if they
can open up the left bank. In the grand vision, Marietta would be open, the water could
flow through, Slater Road would be raised, the right bank wouldn't be subject to over-
topping, and they would be able to maintain the entire transportation corridor.
Brenner asked about the sediment management pilot. The County stopped gravel
extraction in the river because of British Columbia (B.C.). B.C. has now begun to extract
gravel again, and they are getting great fish runs. Cooper stated they shut it down again.
Brenner stated B.C. continues to do it on years when there aren't problems. The
gravel extraction hasn't been a problem. She asked why they can't put a rush on it.
Cooper stated they are soliciting comments of what it will take to get to that point.
Crawford asked the name of the contractor on the Canyon Creek project. Cooper
stated it is Trimaxx Construction from Skagit County. They're doing a great job, and the
County got a great bid.
Middleton read through and gave an overview of the Swift Creek project section.
They are having a meeting about this project on October 3, and should have more
information after that.
Brenner stated she would like to attend the meeting on October 3. This is not fair to
people who have big problems with Swift Creek. She's not sure the Environmental
Protection Agency (EPA) will back down. The County has an obligation. She asked how
much longer the County is going to wait. Give the EPA an ultimatum. Middleton stated
that's between the Council and Prosecutor.
Brueske stated the flip side is the liability the County incurs from doing anything at
Swift Creek.
Middleton stated they will do some annual maintenance out there to try to hold it
together. The phase 1 projects will cost $60 million to $80 million. Whatcom County
doesn't have that, which is why the Executive is pushing the federal government to pay for
it.
Brenner stated stockpile the material in the meantime. Brueske stated there isn't
much room left to stockpile. Taking it off site will trigger EPA problems for moving
hazardous materials.
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Brenner stated the EPA put the County in a position where people are at risk out
there. Give the EPA an ultimatum. Brueske stated they're moving forward as much as
possible, recognizing that they are trying to control liability. They completed the EIS, which
was a big deal. It pressured the EPA to finish its review. The County is asking for money
for the North Fork reroute. It's something they can do without touching the liability issue.
If they can reduce sediment transport capacity without triggering liability, it's important.
Brenner asked if they've asked the Canadians about getting involved. Middleton
stated that hasn't happened in a while.
Brenner stated get back to the stockpiling and letting people use it. It won't be a
problem if it's used in certain ways. No one has ever gotten sick from it.
Mann stated the County has a responsibility as a whole, and can't do something
unilaterally. Suing isn't a legitimate option. The attorneys are working on it. The County is
doing as much as it can with the leverage it has. The EPA is hoping the County will take on
liability, and he doesn't want to do that.
Crawford stated Brenner can talk to Dan Gibson. If there is something they can do,
they can discuss it in executive session.
Brenner asked how far they can solve the problem if there is major flooding.
Middleton stated they can move the material, but can't remove it and deposit it somewhere
else. They are running out of space on the levee. That's why the County finished the EIS.
It's in the EPA's lap. There's not a lot the County can do to give the EPA an ultimatum.
Brenner stated she has a document from a scientist who knows that size particle and
says there is no problem with that size of asbestos.
Middleton stated that document was put in the EIS and is before the EPA.
Brueske stated the resolution approving the six -year plan will be introduced to the
Council at the next Council meeting.
3. UPDATE OF STATUS OF WRIA 1 PLANNING UNIT
Chris Brueske, Public Works Department, stated the first meeting of the Planning
Unit is next Wednesday. He used the last known mailing list of all the past caucus
members. He outlined a general process for the meetings. He doesn't know the status of
representation right now. He's asked the caucus members to present to the Council the
status of their representation. The facilitator will prepare a report on who the caucus
members are and how their selection was done. Have documentation showing how the
caucus met and how the representative was selected.
Crawford asked who is overseeing this. Brueske stated the County can't tell the
Planning Unit what to do. He envisions the steps they need to take. First, establish
representation and report it to the Council. Second, discuss the operating procedures and
decide if there are any necessary changes, including whether there should be a consensus
decision -making process.
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Brenner stated she doesn't recall having people complain about the different groups
that composed the Planning Unit. Brueske stated he's had two different suggestions for
changing the composition. He's not making any decision, just facilitating the process. It's
up to the Planning Unit to change their structure, composition, and operating procedures.
Crawford asked if this is the continuation of the past planning unit, and whether
current rules still apply. Rules said that everything had to be done by consensus. Brueske
stated the operating rules specify that if there is no consensus, the issue is held to the next
meeting. If there is no consensus at the next meeting, the membership can vote and make
a decision that requires consensus of all the government caucuses and a simple majority of
the other caucuses.
Kremen asked if the Planning Unit has the authority to change the rules. Brueske
stated they have the authority to change their own operating procedures.
Brenner stated the State Auditor is going to audit the Joint Board. She asked about
the specific concerns raised about the composition of the Planning Unit. Brueske stated
concerns are about the role of government entities and the role of the smaller caucuses.
Weimer stated some of the smaller caucuses disappeared toward the end of the
process. Brueske stated the representatives of all the environmental caucuses resigned at
the end of the last meeting. This is why it's important to have a report on representation.
The private well owners are organizing and sending someone to represent them.
Karen Brown stated private well owners include 15,000 private well owners in
Whatcom county. Marco Herbert handed over all the information to her last May. They've
been actively meeting all over the county and getting people informed and signed up. They
never quit the process. They have been meeting monthly.
Crawford asked if the well owner organization is prepared to meet the criteria and
represent the caucus at the Planning unit. Brown stated it is.
Brueske stated the small water districts are also quite active.
Kremen stated the environmental representatives who resigned were frustrated. It
was a statement of nonsupport of the process.
Crawford asked if there is an organized effort to build an environmental caucus.
Weimer stated there is.
Brueske stated this is why it's important for anyone to be able to stand up and
participate.
Crawford stated he's been invited to certain caucus meetings. The most interesting
part of the meeting is to see who shows up.
Brueske stated he hopes they can get all the existing representatives, and they can
focus on certain things at the first meeting. He hopes not to have two hours of criticism of
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the process and how they haven't met in years. There is a facilitator who will prepare a
report of representation and a proposed work plan and budget.
Crawford stated he attended a number of meetings in the last years they met. The
councilmembers were always very respectful to sit on the sideline and observe, not to
participate.
Kremen stated he agrees with Councilmember Crawford. The councilmembers
represent one of the governments. This is the Planning Unit process. They shouldn't inject
themselves into what the Planning Unit will do.
Brueske stated the subject of funding will come up. The County is a funding source.
Facilitation isn't free or cheap. If the County plans to continue professional facilitation or
hire technical consultants, there will be a cost.
Kremen stated there were costs before.
Brenner stated that's why they hired the new natural resources manager. Brueske
stated Planning Unit members have said they are interested in getting into the water
budget, which could get very expensive. The new staff person has a background in
hydrogeology and understands models, but the Planning Unit may ask for things that are
highly specialized. The Council will see a supplemental budget request in October for the
facilitation contract. There will be four meetings.
Kremen asked if it will cost $22,000 to facilitate four meetings. That's insane.
Brueske stated the request for qualifications (RFQ) went out. One firm responded. All the
firms who worked on the Planning Unit before did not submit a statement of qualifications
(SOQ). Historically, Planning Unit meetings cost $5,000 each, including legal and facilitation
services.
ADJOURN
The meeting adjourned at 12:03 p.m.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Sam Crawford, Council Chair
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WHATCOM COUNTY COUNCIL
Regular County Council
September 24, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 7:00 p.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7: 02:28 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
(7: 03: 02 PM)
Kershner announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding potential litigation (Swift Creek) (AB2013-018) and a
strategy planning discussion and positions to be taken regarding collective
bargaining per RCW 42.30.140(4)(a) (AB2013-018) in executive session during the
Committee of the Whole meeting.
SPECIAL PRESENTATION
1. BEHAVIORAL REVENUE ADVISORY COMMITTEE 2013 QUARTERLY REPORT
TO COUNCIL (AB2013-186A) (7:03:46 PM)
Benita Bowen, Behavioral Revenue Advisory Committee Vice Chair, stated that five
years ago, the goal was to invest the revenue from the one -tenth of one percent tax in
programs and practices that would reduce the cost to government and hospitals. She
introduced District Court Probation Administrator Bruce Van Glubt.
Bruce Van Glubt, District Court, stated there have been a growing number of court
clients and probationers identified with severe mental illness. Due to the large caseloads,
the Probation Office has historically focused on holding clients accountable to the specific
conditions of the court order and less on the client's other needs, which may limit their
success. Clients with mental health conditions were using a disproportionate amount of jail,
medical, and other services in the community. They were falling through the cracks. The
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behavioral health unit in the Probation Office was created as a response to the needs of
these clients.
The unit was established using the one -tenth of one percent behavioral health tax
revenue in January 2010. The unit's purpose is to ensure that each probationer is compliant
with their court -ordered conditions, provide enhanced supervision to assist them in
successfully accessing services, and ultimately reduce their use of jail and medical facility
resources and reduce recidivism.
Probation officers assigned to the unit worked with the clients in unique ways. The
most common diagnoses are schizophrenia, bipolar disorder, depression, severe anxiety
disorders, substance abuse, and post -traumatic stress disorder (PTSD), particularly among
veterans. Probation officers receive special training in mental health issues. The caseload
is one-third of the standard caseload. Each officer has 80 to 100 cases.
Those supervised by the unit receive intense supervision. Clients report daily or
weekly rather than monthly or less often. Clients have requested to meet with officers
more often than required. Clients have also requested additional substance abuse testing,
such as breath and urinalysis tests above and beyond what the office would normally
conduct. The probation officers are able to monitor medication compliance with pharmacies.
The behavioral health unit probation officers meet monthly with Dr. Art Davis from the
University of Washington, who advises them on how to develop strategies to assist with the
difficult clients. Many clients see their probation officers as part of a support structure that
helps them be successful.
They've had great success with clients assigned to this unit. The current rate for
satisfactory probation case closure with these clients is 75 percent. When they looked at
these same clients who had been on probation previously, their satisfactory closure rate was
28 percent.
Mann stated he recently became aware of a mental health court in Seattle, similar to
a drug court. He asked if Whatcom County could do a mental health court. Van Glubt
stated a local mental health court is possible in Whatcom County. There are many specialty
courts. Of all the specialty courts, the one with the greatest impact would be a mental
health court. He would like one in this community. The Health Department has been
working on researching alternatives. The one common theme in all the discussions is that
those clients going through a mental health court would be supervised by this behavioral
health unit. They're seeing a lot of those clients already.
Kremen stated that as a member of the large urban county caucus associated with
the National Association of Counties, he visited a robust mental health court in Cook
County, Illinois that is very successful and a model throughout the nation. There is a real
potential benefit of further exploring and having a mental health court in Whatcom County.
PUBLIC HEARINGS
1. RESOLUTION IN THE MATTER OF THE WHATCOM COUNTY SIX -YEAR
TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2014
THROUGH 2O19 (AB2013-302) (7:13:21 PM)
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Kershner opened the public hearing and, hearing no one, closed the public hearing.
Brenner moved to approve the resolution. She asked if the resolution includes the
Council's previous amendments to add the Yew Street Road and Slater Road connector
projects.
Joe Rutan, Public Works Department, stated they are project numbers 18 and 16.
The document on Council packet page 165 is as it was brought forward to the committee.
He did not change any of the background documents. The amendments are included in the
resolution.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
OPEN SESSION
(7:15: 58 PM)
The following people spoke:
• Ray Baribeau spoke about a one -tenth of one percent mental health tax and
the proposed new jail.
• Steve Harris spoke about the supporting mental health services.
• Yoshi Revelle spoke about supporting a mental health services.
• Greg Brown spoke about the request approval for the County Executive
to enter into an interlocal agreement between Whatcom County and
the City of Everson and the Whatcom County Flood Control Zone
District for the purchase and subsequent management of property
consistent with agreed restrictive covenant for flood control
purposes, in the amount of $342,000 (AB2013-309).
CONSENT AGENDA
(7:22:47 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one through four.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
1. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A TWO
YEAR GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR ADOPT -A -ROAD AND ILLEGAL DUMP
CLEANUP EFFORTS, IN THE AMOUNT OF $37,000 (AB2013-310)
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2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO A TWO
YEAR GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR THE OPERATION OF THE MODERATE
RISK WASTE FACILITY, IN THE AMOUNT OF $562,209 (AB2013-311)
3. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL LOAN AND GRANT AGREEMENT BETWEEN WHATCOM COUNTY
AND THE CITY OF NOOKSACK TO PROVIDE FUNDING THROUGH THE EDI
PROGRAM FOR THE CITY'S WASTEWATER TREATMENT PLAN UPGRADE
PROJECT, IN THE AMOUNT OF $780,000 (AB2013-312)
4. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO AWARD BID 13-74
FOR THE SUPPLY OF A DIESEL POWER HYDRAULIC COMPACT MINI -
EXCAVATOR TO THE LOW BIDDER, SCHOLTEN EQUIPMENT, IN THE AMOUNT
OF $71,338.75 (AB2013-313)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TENTH REQUEST,
IN THE AMOUNT OF $832,504 (AB2013-305) (7:23:17 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
2. REQUEST APPROVAL FOR THE COUNTY EXECUTIVE TO ENTER INTO AN
INTERLOCAL AGREEMENT BETWEEN WHATCOM COUNTY AND THE CITY OF
EVERSON AND THE WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT
FOR THE PURCHASE AND SUBSEQUENT MANAGEMENT OF PROPERTY
CONSISTENT WITH AGREED RESTRICTIVE COVENANT FOR FLOOD CONTROL
PURPOSES, IN THE AMOUNT OF $342,000 (AB2013-309) (7:24:08 PM)
Mann reported for the Finance and Administrative Services Committee and moved
that the Council approve the expenditure of $228,000 from conservation futures funds.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
(Council acting as the Whatcom County Flood Control Zone District Board of
Supervisors)
Mann moved that the Flood Control Zone District Board of Supervisors approve an
expenditure of $114,000 from the Flood Control Zone District funds.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
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Nays: None(0)
Crawford stated this property was considered in the 2009 population projections.
Everson added urban growth area in that process. He's glad for Mr. Brown's comments
during open session. As the Council moves into the 2016 Comprehensive Plan update
process, they'll remember to ask if this is included in the calculations.
3. ORDINANCE ADOPTING AMENDMENTS TO THE POINT ROBERTS CHARACTER
PLAN (AB2013-306) (7:26:37 PM)
Knutzen reported for the Planning and Development Committee and moved to
forward for concurrent review.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
INTRODUCTION ITEMS
(7:27:44 PM)
Brenner moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Kremen, Crawford, Brenner, Weimer, Knutzen, Mann and Kershner (7)
Nays: None(0)
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $13,300 (AB2013-314)
2. ORDINANCE REPEALING ORDINANCES 2009-045, 2006-350, AND 87-19,
WHICH ESTABLISHED PETTY CASH REVOLVING FUNDS FOR PUBLIC WORKS
ENGINEERING, ROAD DESIGN/CONSTRUCTION, AND ER&R (AB2013-315)
3. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM (WRIP), 2014-2019 (AB2013-316)
OTHER BUSINESS
(7:28: 08 PM)
PRESENTATION ON THE PROPOSED NOOKSACK LOOP TRAIL (AB2013-167)
Weimer reported for the Natural Resources Committee.
Brenner stated there is a person who needed a septic system. He went through all
the requirements, paid a lot of money in fees, and was approved for the design. Then the
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Lummi Sewer District decided to supply that whole area with sewer. The property owner
was delayed for three or four years by the Lummi Sewer District, which has now changed its
mind. The property owner's design permit expired, and he was told that he has to submit
again and pay the cost.
There's something wrong when a third party jurisdiction prevents a resident from
doing something within a timeframe. If nothing else is different, don't make that person
pay twice for something that was completely beyond his and the County's control. The
County should be able to waive fees for issues such as this.
Jack Louws, County Executive, stated he has some sympathy for the property owner.
There is no provision in code for granting an exemption or an extension beyond four years.
The County staff must follow the law as it's written. They are encouraging the applicant to
reapply. He has to pay the fee. After a five and a half year period, the Health Department
has a responsibility to determine that there haven't been any new wells put in around the
property. It's unfortunate the Lummi Tribal Water and Sewer District gave the property
owner clear indication that they were going to allow him to hookup, and then changed their
mind. In a lot of instances, more flexibility in the code would be nice, but staff needs to
look at the law the way it's written. The staff have applied the code fairly and will do
everything they can to make it as painless as possible for this property owner. If the
Council wants to give the administration some flexibility, he will support being able to grant
that flexibility.
Brenner stated the County used to allow an extension of five or more years. If a
resubmitted design is accepted without change, and no other conditions have changed,
there ought to be flexibility to extend it. She will bring forward an amendment to the code.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
Kremen reported that the President of National Association of Counties appointed
him to the Agriculture and Rural Affairs Steering Committee and to the Large Urban County
Caucus, which is comprised of about 24 individuals representing more than half of the
country's population. He's the only member of the caucus who represents a county with
less than a half million people. It's a real honor. It's beneficial and productive for him to
have that position. He'll do his best to get what he can for Whatcom County.
(7:35:26 PM)
Brenner reported that she attended the Western Washington University (WWU)
Viking Athletes dinner and auction to raise money for their athletes. She was impressed by
the comments given by one of the athletes, which were very moving.
Mann stated he is impressed with the quality of County staff.
Knutzen stated the Council staff are the best.
Weimer reported that he will miss next Tuesday's Health Board meeting. He will be
in Washington D.C. to spend two days reviewing data at the request of the Secretary of
Transportation.
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Crawford reported he will also be gone and unable to attend the Health Board
meeting.
Kershner reported she will also be unable to attend.
Knutzen reported that the Public Health Advisory Board and others met yesterday.
There are many good things going on in Whatcom County, included what they must deal
with from the federal and State levels. It's encouraging to work on these things.
Jack Louws, County Executive, reported that the Health Department is seriously
working on a mental health court. They are working with the City of Bellingham. He will
keep the Council up-to-date.
Kremen stated he would like to try to reschedule the Health Board meeting. It's
important that all councilmembers attend.
ADJOURN
The meeting adjourned at 7:40 p.m.
The Council approved these minutes on , 2013.
ATTEST:
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Council Chair
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WHATCOM COUNTY COUNCIL
Committee Of The Whole
October 8, 2013
CALL TO ORDER
Council Chair Kathy Kershner called the meeting to order at 3:00 p.m. in the Council
Conference Room, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Sam Crawford, Kathy Kershner, Bill Knutzen, Ken
Mann, Pete Kremen and Carl Weimer
Absent: None
COMMITTEE DISCUSSION
1. DISCUSSION WITH CHIEF CIVIL DEPUTY PROSECUTOR DANIEL GIBSON
REGARDING PENDING LITIGATION, CALVIN V. ELFO AND JONES (AB2013-
018)
Attorney Present: Daniel Gibson
2. DISCUSSION WITH SENIOR DEPUTY PROSECUTOR KAREN FRAKES
REGARDING PENDING LITIGATION, HIRST ET AL V. WHATCOM COUNTY,
GMHB CASE NO. 12-2-0013 (AB2013-018)
Attorney Present: Karen Frakes
Kershner stated that discussion of agenda items one and two may take place in
executive session pursuant to RCW42.30.110(1)(i). Executive session will conclude no later
than 4:00 p.m. If the meeting extends beyond the stated conclusion time, she will step out
of the meeting to make a public announcement.
Mann moved to go into executive session until no later than 4:00 p.m. to discuss
the agenda items pursuant to RCW citations as announced by the Council Chair.
The motion carried by the following vote:
Ayes: Crawford, Brenner, Kershner, Mann and Weimer (5)
Nays: None (0)
Absent: Kremen and Knutzen (out of the room) (2)
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OTHER BUSINESS
ADJOURN
The meeting adjourned at 3:40 p.m.
The Council approved these minutes on 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Kathy Kershner, Council Chair
Committee of the Whole, 10/8/2013, Page 2
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WHATCOM COUNTY COUNCIL
Regular County Council
October 8, 2013
CALL TO ORDER
Council Vice Chair Bill Knutzen called the meeting to order at 7:00 p.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
ROLL CALL
(7: 01: 40 PM)
Present: Barbara Brenner, Ken Mann, Sam Crawford, Bill Knutzen, Kathy
Kershner, Carl Weimer and Pete Kremen.
Absent: None.
FLAG SALUTE
ANNOUNCEMENTS
Knutzen announced there was discussion with Chief Civil Deputy Prosecutor
Daniel Gibson regarding pending litigation, Calvin v. Elfo and Jones (AB2013-018)
in executive session during the Committee of the Whole meeting.
Crawford moved to authorize the County to provide a defense and indemnification
for Sheriff Bill Elfo and Chief of Corrections Wendy Jones in the case of Donald Calvin v. Bill
Elfo, Sheriff of Whatcom County, and Wendy Jones, Chief of Corrections, filed in Federal
District Court for the Western District of Washington.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
Crawford stated the Council, "In support of our decision to defend and indemnify the
Sheriff and Chief of Corrections, we make the following findings regarding the allegations of
Mr. Calvin against them:
1. Sheriff Elfo and Chief Jones were acting in a matter in which the County had an
interest;
2. They each were acting in the discharge of a duty imposed or authorized by law; and
3. They each acted in good faith in the discharge of their respective duties."
Knutzen announced there was discussion with Senior Deputy Prosecutor Karen
Frakes regarding pending litigation, Hirst et al v. Whatcom County, GMHB Case No.
12-2-0013 (AB2013-018) in executive session during the Committee of the Whole
meeting.
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MINUTES CONSENT
Kremen moved to approve the Minutes Consent items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
1. SPECIAL COMMITTEE OF THE WHOLE FOR SEPTEMBER 10, 2013
2. REGULAR COUNTY COUNCIL FOR SEPTEMBER 10, 2013
3. COMMITTEE OF THE WHOLE FOR SEPTEMBER 24, 2013
PUBLIC HEARINGS
1. ORDINANCE AMENDING THE WHATCOM COUNTY 2013 UNIFIED FEE
SCHEDULE TO INCORPORATE A "FERRY NON-PAYMENT FEE" (AB2013-289)
(7:04:29 PM)
Knutzen opened the public hearing, and the following people spoke:
Mike McKenzie stated he urges Council to not pass this amendment for reasons he
put in writing and submitted last week. They must examine the proposed amendment more
carefully. There are limited ways someone can pay the ferry fare. A question is how they
would collect from Canadian visitors who don't know they can't pay with credit cards and
would be discouraged from returning to Lummi Island for fear of persecution. That's not an
image they want to project.
Rhayma Blake stated everyone wants to make sure people pay their fair share.
Ferry Task Force recommendation number nine calls for an electronic ferry ticketing system
on the ferry deck. Recommendation 18 says the County should not institute a collections
procedure for tracking and collecting from no -pays and under -payments because
implementation of an on -deck payment will resolve those problems and reduce
administrative staff time. It makes no sense to introduce this ordinance before electronic
ticketing trials. The Lummi Island Ferry Advisory Committee (LIFAC) and Protect Lummi
Island Community (PLIC) general membership recommend that the Council to vote against
the ordinance.
James Ross submitted and read from a handout (on file) and stated he urges the
Council to vote against the ordinance because he doesn't understand or know enough about
it. They need signage at the dock and information on the website to help people. There is
no mention on the website of accepting U.S. funds only. Committees of island residents are
willing to spend time looking at what can be done to keep these problems from occurring in
the first place.
Hearing no one else, Knutzen closed the public hearing.
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Brenner moved to adopt the ordinance and stated she is against the motion to
adopt. No councilmembers have asked for a process to fine people. They talked about
making it easier for people to pay, such as allowing an option to pay with a credit or debit
card. She does not support a fine for non-payment at this point. Now, it would set people
up to fail. Staff could maybe count the number of riders who don't pay for a year and see
what kind of problem it is. The Auditor had issues with appropriate cash handling.
Frank Abart, Public Works Director, gave a staff report and stated one solution
discussed was having a machine on the mainland. However, due to the cost and feasibility,
that option was ruled out. They will follow a process set up for bad checks. The fee for this
is the same as the fee for writing a bad check to the County. Today, a person can get on
the ferry and write a check for the passage. If the check bounces, the person will pay the
price of passage plus the $30 bad check fee. If a person gets on the ferry without the funds
for payment, there's no consequence.
The two emails he saw indicated that they want the flexibility of using credit cards.
The County is within a couple of months of implementing a full credit card program. This
amendment does not have to take effect immediately. The Council could indicate that the
fee would take effect when the credit card program becomes fully functional.
Kremen stated it's encouraging to hear that the ferry can accept credit cards in a few
months. He is against this proposal as it is. It's premature to institute a fine for this
situation. The fine amount is too high for the violation. He opposes this proposal.
Weimer asked what happens if someone gets on the ferry and doesn't have enough
for the fare. Abart stated it's an honor system, and there is a IOU system in place. The
purser will make a note, and the passenger has to come back and pay the fare.
Weimer stated the ferry crew can hand the passenger an envelope, and the County
would probably get most of that money back. It may be an alternative. If the fare wasn't
received in two weeks, the fee could increase. Abart stated there are State Auditor issues
related to the gift of public funds. Any process is better than nothing.
Weimer stated he's not suggesting they let people be freeloaders.
Knutzen stated that to do this right, they must overcome a lot of roadblocks, such as
having consistent mobile data access and adhering to State regulations for such a program.
It's not as simple as using a credit card reader on a phone. He thanks staff for being
persistent with this work.
Crawford stated toll booths on toll roads are now gone. In terms of a ferry, a lot of
what they've talked about is centered around the challenge of collecting tickets and fares,
when it's only a five-minute run. With a front and back license camera system, they would
not have those challenges. Everyone who uses it would get a bill if they didn't have an
electronic chip. A system like that might not be cost effective. This location and
environment is adverse for such a program. Look at other technologies and the long-term.
Eliminate the concept of collecting the fare onsite.
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Knutzen stated he's not inclined to use such a system after the incident with the red
light cameras in Bellingham.
Brenner stated implementing fines is done after they've tried every way to
accommodate the passengers. They have to make things accessible for the passengers.
The electronic system may go down at times, but most of the time they'll work.
Kremen stated implementing a toll system is more appropriate for a road that
handles 50,000 to 70,000 cars per day, not 3,000 cars per year. He doesn't know if that
expenditure would be justified. If it can be done cost-effectively, they could pursue it. He
likes Councilmember Weimer's suggestion of handing out pre-printed envelopes to people
who don't have sufficient money to pay the fare. Implementing an effective program to
collect funds from a credit card or debit card will satisfy the State Auditor. The County can
show it is trying to comply with the wishes of the State Auditor.
Kershner stated she supports a program that allows passengers to use credit cards,
but it doesn't have to be an immediate, electronic process. They could use an old fashioned
manual card machine and the staff could process the card payment the next day. She's
disappointed they've been waiting for this for two years, and now they're considering a fee
for people who can't pay when they drive on the ferry. The County must make it possible
for people to pay when they want to, and not penalize them. She won't support the
ordinance tonight. Give people a chance to do the right thing without being penalized.
Mann stated the Council won't implement this amendment until there is a credit card
option on board. If there were a penalty, then $30 is too much. A bounced check fee helps
reimburse costs of processing paperwork and bank fees. Get the credit card program in
place. If there has to be a no -payment penalty, make it more proportional to the amount.
Crawford stated he agrees with voting against this amendment, but is open to
continuing to work with Public Works staff to make these processes as smooth as possible.
After they try the credit card system for a while and the recommendation remains to
implement a non-payment penalty, he would be more willing to consider it.
The motion failed by the following vote:
Ayes: None(0)
Nays: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
2. RESOLUTION ADOPTING THE SIX -YEAR WATER RESOURCES IMPROVEMENT
PROGRAM (WRIP), 2014-2019 (AB2013-316) (7:32:43 PM)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
Knutzen opened the public hearing and, hearing no one, closed the public hearing.
Crawford moved to approve the resolution. The list of prioritized projects has
made it easier for the Council to put into perspective all the proposed stormwater and water
programs. He thanked everyone involved in coming up with and implementing the process.
Knutzen asked if the property on Highway 9 is included.
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herein is subject to change upon further review and approval by the Whatcom
County Council.
Chris Brueske, Public Works Department, stated there was insufficient support by the
Advisory Committee to add it to the six -year plan. The recommendation is to watch it
through this winter.
Mann stated this was discussed at length by the Council at its surface water work
session.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
OPEN SESSION
(7:35:59 PM)
The following people spoke:
• Karen Brown spoke about restarting the Planning Unit.
• Mike McKenzie spoke about various Lummi Island ferry and storm drainage
issues.
CONSENT AGENDA
(7:38:53 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve Consent Agenda items one and three.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
1. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
LEASE AGREEMENT BETWEEN WHATCOM COUNTY AND SANITARY SERVICE
CO. FOR THE CEDARVILLE AND BIRCH BAY TRANSFER STATIONS, IN THE
AMOUNT OF $6,000 OVER A FIVE-YEAR PERIOD, PLUS LEASEHOLD TAX OF
12.84% (AB2013-321)
2. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
CONTRACT BETWEEN WHATCOM COUNTY AND KULSHAN ENVIRONMENTAL
SERVICES FOR CONSULTING SERVICES TO DEVELOP AND IMPLEMENT A
STAKEHOLDER INVOLVEMENT PROCESS FOR DEVELOPMENT OF THE
SYSTEM -WIDE IMPROVEMENT FRAMEWORK FOR THE NOOKSACK RIVER
LEVEE SYSTEM, IN THE AMOUNT OF $44,460 (AB2013-322)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Mann reported for the Finance and Administrative Services Committee and moved
that the Whatcom County Flood Control Zone District Board of Supervisors approve the
request.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
3. REQUEST AUTHORIZATION FOR THE COUNTY EXECUTIVE TO ENTER INTO A
GRANT AGREEMENT BETWEEN WHATCOM COUNTY AND WASHINGTON
STATE DEPARTMENT OF ECOLOGY FOR SOLID WASTE COMPLIANCE
MANAGEMENT AND LITTERING AND ILLEGAL DUMPING ENFORCEMENT
SERVICES, IN THE AMOUNT OF $154,740 (AB2013-323)
OTHER ITEMS
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, ELEVENTH
REQUEST, IN THE AMOUNT OF $13,300 (AB2013-314) (7:40:11 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
2. ORDINANCE REPEALING ORDINANCES 2009-045, 2006-350, AND 87-19,
WHICH ESTABLISHED PETTY CASH REVOLVING FUNDS FOR PUBLIC WORKS
ENGINEERING, ROAD DESIGN/CONSTRUCTION, AND ER&R (AB2013-315)
(7: 41:13 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to adopt the ordinance.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
3. ECONOMIC DEVELOPMENT INVESTMENT PROGRAM — EDI BOARD
RECOMMENDATIONS (AB2013-319) (7:41:30 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve both projects.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
Whatcom County Council, 10/8/2013, Page 6
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
4. RESOLUTION IN THE MATTER OF THE ELECTION TO RECEIVE NATIONAL
FOREST RELATED SAFETY -NET PAYMENTS UNDER PL 112-141 (AB2013-320)
(7:42: 09 PM)
Mann reported for the Finance and Administrative Services Committee and moved
to approve the resolution.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
S. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
SCOTT VAN DALEN TO THE WHATCOM COUNTY APPEALS BOARD (AB2013-
324) (7:42:36 PM)
Knutzen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
6. REQUEST CONFIRMATION OF THE COUNTY EXECUTIVE'S APPOINTMENT OF
MARVIN WASCHKE TO THE WHATCOM COUNTY LIBRARY SYSTEM (RURAL
LIBRARY) BOARD (AB2013-325) (7:43:13 PM)
Kremen moved to confirm the appointment.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
7. NOMINATION AND APPOINTMENT TO FILL ONE VACANCY ON THE NOXIOUS
WEED CONTROL BOARD, DISTRICT 4 REPRESENTATIVE - APPLICANT(S):
NICHOLAS KUNKEL (AB2013-317) (7:43:38 PM)
Brenner moved to nominate and appoint Nicholas Kunkel.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Nays: None(0)
INTRODUCTION ITEMS
(7: 44:18 PM)
Mann moved to accept the Introduction Items.
The motion carried by the following vote:
Ayes: Brenner, Mann, Crawford, Knutzen, Kershner, Weimer and Kremen (7)
Whatcom County Council, 10/8/2013, Page 7
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Nays: None(0)
1. ORDINANCE AMENDING THE WHATCOM COUNTY BUDGET, TWELFTH
REQUEST, IN THE AMOUNT OF $1,488,730 (AB2013-326)
2. RESOLUTION AMENDING THE 2013 WHATCOM COUNTY FLOOD CONTROL
ZONE DISTRICT BUDGET, FOURTH REQUEST, IN THE AMOUNT OF $8,000
(AB2013-327)
(Clerk's Note: Council acting as the Whatcom County Flood Control Zone District
Board of Supervisors.)
3. ORDINANCE AMENDING WHATCOM COUNTY CODE TITLE 20 ZONING, TO
CORRECT ERRORS AND PROVIDE CLARIFICATION (AB2013-328)
OTHER BUSINESS
(7:45:06 PM)
Brenner stated the Finance Committee discussed how the Bakerview Road overpass
area is going to be dealt with in the future. She would like to continue that discussion with
City of Bellingham staff who knows what the City plans to do. The current plan isn't going
to solve long-term problems. After the first few cars, there will be another backup. This is
a problem in the City jurisdiction that will affect the County.
Kremen stated County infrastructure will be affected according to the City's plan.
Crawford asked if they are talking about Pacific Highway.
Kremen stated they are.
Brenner stated the County represents people who live in the city, even though this
isn't directly in County jurisdiction. She would like a little reassurance and a real discussion
with people who have been working on this.
Knutzen asked if this is something the Council of Governments (COG) would address.
Crawford stated it would. There are a lot of issues in the cities that the County could
say it should weigh in on. The County voted to fund using economic development funds for
part of the stormwater treatment that will work with that neighborhood. If the Council
wants a presentation from the City on its traffic plan for the area, the City staff would come
in and do that. If councilmembers are concerned, have a County Council resolution to the
City Council. That's where the discussion needs to take place. They are the decision -
makers for that area. If the County Council feels today's stormwater funding request
enables a situation that will have a negative impact on County residents, it should have
voted against the request. He questions the notion of bringing City staff here to discuss a
City planning issue.
Whatcom County Council, 10/8/2013, Page 8
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
Brenner stated the County is obligated to get involved in traffic issues that will affect
county residents. They may not have direct jurisdiction. She doesn't agree that planned
improvements will improve the level of service to acceptable levels. It's a big issue.
Mann stated he agrees with Councilmember Brenner. There is a clear nexus
between the County Council responsibilities and the City's plan. They wouldn't perceive it
as a rude request. The two jurisdictions should communicate about things like this more
often. He would like to talk to the City of Bellingham about other issues, too. He would like
to talk to the City about its memorandum of understanding with the City of Lynden about
the water trade.
REPORTS AND OTHER ITEMS FROM COUNCILMEMBERS
(7: 51: 44 PM)
Weimer reported for the Lake Whatcom Policy Group and stated they would discuss
policies for the aquatic invasive species program at the next Natural Resources Committee
meeting. There seem to be some conflicting policies they need to work out.
Kershner reported that she thanks Victoria Doerper, Northwest Regional Council
Executive Director, for her years of service. She retired at the end of September.
Mann reported he attended the WhatComm meeting in which the annual budget was
approved. They have plans for the emergency operations center (EOC) and potential for
telecommunications infrastructure upgrades. He also attended drug court last week as an
observer to understand the County's alternative programs.
Knutzen reported he attended recent Puget Sound Partnership meetings. Funding is
available. He's encouraged that Whatcom County has a local integration organization (LIO)
to take advantage of some of those funds. He hopes they can continue to take advantage
of funding for stormwater and flood issues.
Brenner reported that her sympathy goes out to Public Works staff person Debbie
Bailey for her loss and her recent car accident.
Kremen reported he attended the reception for Victoria Doerper, who did an
excellent job for the region. He also attended the first Planning Unit meeting. He was
encouraged by the interest and attendance of the stakeholders and citizens, but was
disappointed by the facilitators. The meeting wasn't as productive as it could have been.
He's concerned those who attended were disappointed. He hopes future meetings will be
more productive.
Crawford reported that on a recent trip through Montana, building permits are only
required inside City jurisdictions.
ADJOURN
The meeting adjourned at 7:59 p.m.
Whatcom County Council, 10/8/2013, Page 9
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DISCLAIMER: This document is a draft and is provided as a courtesy. This
document is not to be considered as the final minutes. All information contained
herein is subject to change upon further review and approval by the Whatcom
County Council.
The Council approved these minutes on , 2013.
ATTEST: WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
Jill Nixon, Minutes Transcription
Bill Knutzen, Council Vice -Chair
Whatcom County Council, 10/8/2013, Page 10
293
Dana Brown -Davis
From: Josh Weiss <JWeiss@wacounties.org>
Sent: Thursday, September 26, 2013 12:56 PM
To: carlye.dunning@co.chelan.wa.us; leanne_peters@co.columbia.wa.us;
musgrovev@co.cowlitz.wa.us; dprewitt@co.douglas.wa.us;
commissioners@co.ferry.wa.us; ingridg@sanjuanco.com; lindah@co.skagit.wa.us;
johnson@co.skamania.wa.us; Dana Brown -Davis
Subject: WSAC LSC Membership
Attachments: 2013-14 LSC Roster.doc
Hi Everyone,
We didn't hear from any of your county commissioners/council members about who would be serving as the Legislative
Steering Committee designee for 2014. Would you please check with your boards/councils about this and let me know?
For your reference, I've attached the roster which shows who served last year from each county.
Thanks for your assistance.
Josh Weiss
Director of Policy and Legislative Relations / General Counsel
Washington State Association of Counties
(360) 489-3015 - office
(360) 561-3560 - cell
This e-mail may be considered subject to the Public Records Act and as such may be disclosed by WSAC to a third -party requestor.
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Washington State
Association of Counties
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WHA TCOM CO UNTY CO UNCIL A GENDA BILL NO. 2013 330
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
DBD
10/2/2013
10/22/2013
Council
Division Head:
Dept. Head:
-
13
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT:
Resolution setting Council meeting dates for 2014
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes (. ) NO
Should Clerk schedule a hearing ? ( ) 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.)
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 Count 's website at: www.co.whatcom.wa.us/council.
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2014 Meeting Dates - original SPONSORED BY: Consent
PROPOSED BY: Council Clerk
INTRODUCTION DATE: October 22, 2013
RESOLUTION NO.
ESTABLISHING REGULAR WHATCOM COUNTY COUNCIL
MEETING DATES FOR 2014
WHEREAS, the Whatcom County Council has set every other Tuesday as its
regular meeting schedule; and
WHEREAS, all departments should plan to schedule items in accordance with the
Council's approved meeting schedule to avoid the need for special meetings; and
WHEREAS, it is the Council's policy to plan for breaks in its schedule in August
and December and to avoid scheduling meetings on a few select dates during the year.
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that
regular Council meetings shall be scheduled for the following dates in 2014:
January:
14, 28
February:
11, 25
March:
11, 25
April:
8, 22
May:
6, 20
June:
3, 17
July:
8, 22
August:
5
September:
16, 30
October:
14, 28
IVovember:
12 (WEDNIESDAY), 25
December:
9
APPROVED this day of October, 2013.
ATTEST:
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Clerk of the Council Kathy Kershner, Council Chair
APPROVED AS TO FORM:
Civil Deputy Prosecutor
WHA TCOM COUNTY COUNCIL AGENDA BILL NO.
2013-345
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
M.A.
101712013
1012212013
Introduction
Matt Aamot
I�-. , ".�_ ; \� !,..:_ �
Division Head:
1111212013
Planning &Development
Mark Personius
lG'I % r 3
_.. 1.., .
Comm. Council
3g 4 � 4
" F 1 ;3
and
Dept. Head:
Sam Ryan
o-(
,.
t.„ :, . `
O U 's 1R CK
Prosecutor:
Royce Buckingham
Purchasing/Budget:
Executive:
Jack Louws
TITLE OF DO&IWENT.
Capital Facility Planning — Special Purpose Districts.
ATTACHMENTS:
1. Cover letter
2. Proposed Ordinance and Exhibits
3. Planning Commission Findings of Fact and Reasons for Action
4. Draft Planning Commission Minutes
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( X t) 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 JWCC2.160.100(B)J.
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.)
Amending provisions of the Whatcom County Comprehensive Plan and Foothills Subarea Plan relating to special
purpose districts and capital facility planning. Amendments include adopting by reference or incorporating
information from the Columbia Valley Water District, Water District 13, Mount Baker School District and Fire
District 8 plans into the Whatcom County Comprehensive Plan and making related changes.
NOTE: Final approval of these amendments would occur as part of concurrent review of comprehensive plan amendments in early 2014.
COMMITTEE ACTION.
COUNCIL ACTION.•
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
AB2013-088 and PLN2013-00001
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.
299
WHATCOM COUNTY �GpM to
Planning &Development Services J.E. ""Sam" Ryan
5280 IVorthwest Drive, 3 Director
Bellingham, WA 98226-9097 a
°
360-676-6907, TN 800-833-6384
360-738-2525 Fax
October 7, 2013
To: The Honorable Jack Louws, Whatcom County Executive
The Honorable Whatcom County Council
From: Matt Aamot, Senior Planne
Through: Mark Personius, Long Range Planning Division Manager W117
RE: Capital Facility Planning - Special Purpose Districts
The Whatcom County Comprehensive Plan addresses various capital facilities,
including those needed to provide water, schools and fire protection. The following
special purpose districts have adopted new plans:
• The Columbia Valley Water District, which serves a portion of the Columbia
Valley Urban Growth Area (UGA) and surrounding lands.
• Water District 13, which also serves a portion of the Columbia Valley UGA
and surrounding lands.
• The Mount Baker School District, which serves lands in the central and
eastern portions of the County, including Acme, Deming, Kendall, Columbia
Valley UGA, Maple Falls, Glacier and surrounding lands.
• Fire District 8, which serves the western portion of the Bellingham UGA, a
portion of the Lummi Reservation, and surrounding lands.
The subject proposal would adopt by reference and/or incorporate information from
these plans into the Whatcom County Comprehensive Plan, and make other related
changes.
We would like to thank the staff and elected officials from these Districts for their
efforts relating to capital facility planning. These efforts will help ensure that
capital facility planning supports adopted land use plans.
Planning & Development Services is requesting Council consideration of these
amendments on November 12. However, the proposed Comprehensive Plan
amendments are subject to concurrent review. Therefore, the Council would not
render a final decision on the proposal until early 2014.
Thank you for your consideration of this matter.
Office (360) 676-6907 FAX (360) 7$$��5
10-7-2013
SPONSORED BY:
PROPOSED BY:
INTRODUCTION DATE:
ORDINANCE NO.
ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO
CAPITAL FACILITY PLANNING FOR SPECIAL PURPOSE DISTRICTS
WHEREAS, The Whatcom County Council initiated the subject amendments for review in
2013; and
WHEREAS, the Columbia Valley Water District approved a water plan in 2013, Water District
13 approved a water plan in 2012, the Mount Baker School District approved a capital facilities
plan in 2013, and Fire District 8 approved a capital facilities plan in 2013; and
WHEREAS, The Whatcom County Planning Commission held a public hearing relating to
incorporating these plans and/or information from these plans into the Whatcom County
Comprehensive Plan on September 26, 2013; and
WHEREAS, The Whatcom County Planning Commission recommended approval of the
comprehensive plan amendments on September 26, 2013; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
The subject amendments to the Whatcom County Comprehensive Plan are as follows:
a. Amending Whatcom County Comprehensive Plan Chapter 2 (Land Use) to recognize
that the Evergreen Water and Sewer District has changed its name to the Columbia
Valley Water District.
b. Amending Whatcom County Comprehensive Plan Chapter 4 (Capital Facilities) to
adopt the Columbia Valley Water District 2013 Water System Plan Update, the Water
District 13 Small Water System Plan and Mount Baker School District Capital
Facilities Plan by reference and making related changes.
c. Amending the Foothills Subarea Plan to provide information relating to the Columbia
Valley Water District, Water District 13 and the Mount Baker School District.
d. Amending the Whatcom County 20-Year Capital Facilities Plan to incorporate
information from the Columbia Valley Water District 2013 Water System Plan Update,
incorporate information from the Water District 13 Small Water System Plan and
making related changes.
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e. Amending the Whatcom County 20-Year Capital Facilities Plan to incorporate
information from the Mount Baker School District Capital Facilities Plan and making
related changes.
f. Amending the Whatcom County 20-Year Capital Facilities Plan to incorporate
information from the Fire District 8 Capital Facilities Plan and making related changes.
2. Notice of the subject amendments was submitted to the Washington State Department of
Commerce on August 9, 2013.
3. A determination of non -significance was issued under the State Environmental Policy Act
(SEPA) on August 12, 2013.
4. Notice of the Planning Commission hearing was posted on the County website on August
12, 2013.
5. Notice of the Planning Commission hearing was sent to the City of Bellingham, special
purpose districts, and citizen, media and other groups on the County's e-mail list on
September 5, 2013.
6. Notice of the Planning Commission hearing for the subject amendments was published in
the Bellingham Herald on September 13, 2013.
7. The Planning Commission held a public hearing on the subject amendments on
September 26, 2013.
8. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan
amendments the County must find all of the following:
a. The amendment conforms to the requirements of the Growth Management Act, is
internally consistent with the county -wide planning policies and is consistent with
any interlocal planning agreements.
b. Further studies made or accepted by the Department of Planning and
Development Services indicate changed conditions that show need for the
amendment.
c. The public interest will be served by approving the amendment. In determining
whether the public interest will be served, factors including but not limited to the
following shall be considered:
2
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i. The anticipated effect upon the rate or distribution of population growth,
employment growth, development, and conversion of land as envisioned
in the comprehensive plan.
ii. The anticipated effect on the ability of the county and/or other service
providerg, such as cities, schools, water and/or sewer purveyors, fire
districts, and others as applicable, to provide adequate services and public
facilities including transportation facilities.
iii. Anticipated impact upon designated agricultural, forest and mineral
resource lands.
d. The amendment does not include or facilitate spot zoning.
e. Urban growth area amendments that propose the expansion of an urban growth
area boundary are required to acquire development rights from a designated TDR
sending area, with certain exceptions.
Growth Management Act
9. The Growth Management Act (GMA) establishes planning goals in RCW 36.70A.020 to
guide adoption of comprehensive plan amendments.
10. 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" (RCW
3 6.70A.020(1)).
11. 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" (RCW 36.70A.020(12)).
12. The subject amendments include updating the Whatcom County Comprehensive Plan to
incorporate the Columbia Valley Water District 2013 Water System Plan Update and the
Water District 13 Small Water System Plan (2012). These districts serve the Columbia
Valley UGA and surrounding areas.
13. The subject amendments include updating the Whatcom County Comprehensive Plan to
incorporate the Mount Baker School District Capital Facility Plan (2013). The District
serves the Columbia Valley UGA, Acme, Deming, Kendall, Maple Falls, Glacier and
surrounding areas.
14. The subject amendments include updating the Whatcom County Comprehensive Plan to
incorporate information from the Fire District 8 Capital Facilities Plan (2013). The
District serves the western portion of the Bellingham UGA, including the Bellingham
International Airport, a portion of the Lummi Reservation, and surrounding areas.
3
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15. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a
capital facilities plan element consisting of
a. An inventory of existing capital facilities owned by public entities, showing the
locations and capacities of the capital facilities.
b. A forecast of the future needs for such capital facilities.
c. The proposed locations and capacities of expanded or new capital facilities.
d. At least a six -year plan that will finance such capital facilities within projected
funding capacities and clearly identifies sources of public money for such
purposes.
e. A requirement to reassess the land use element if probable funding falls short of
meeting existing needs and to ensure that the land use element, capital facilities
plan element, and financing plan within the capital facilities plan element are
coordinated and consistent.
16. The capital facilities plans generally contain inventories, forecasts of future needs,
proposed capital facilities, and financing plans.
County -Wide Planning Policies
17. 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 ..."
18. The Columbia Valley UGA is not associated with a city.
19. The Columbia Valley Water District and Water District 13 are generally planning capital
improvements to serve the portions of the Columbia Valley UGA within their respective
service areas.
20. The Mount Baker School District Capital Facilities Plan projects that the schools serving
the Columbia Valley UGA (Kendall Elementary, the Junior High School and the High
School) will have adequate capacity over the planning period.
Interlocal Agreements
21. An Interlocal Agreement between Whatcom County and Columbia Valley Water District
was signed in 2010.
22. An Interlocal Agreement between the City of Bellingham and Whatcom County
concerning Planning, Annexation and Development within the Bellingham UGA was
signed in 2012.
4
23. An Interlocal Agreement between Fire District 8 and the City of Bellingham for the
provision of administrative services was signed in 2013.
24. There are no provisions in the Whatcom County Comprehensive Plan amendments that
are inconsistent with these interlocal agreements.
Further Studies/Changed Conditions
25. The Columbia Valley Water District and Water District 13 have studied facilities needed
to serve existing and planned development and formulated new water system plans.
26. The Mount Baker School District has studied facilities needed to serve existing and
planned development and formulated a new capital facilities plan.
27. Fire District 8 has studied facilities needed to serve existing and planned development
and formulated a new capital facilities plan.
28. Further study and formulation of plans by the Columbia Valley Water District, Water
District 13, Mount Baker School District and Fire District 8 constitute changed conditions
that warrant amendments to the Whatcom County Comprehensive Plan.
Public Interest
29. The comprehensive plan amendments will serve the public interest by adopting new or
updated water, school and fire protection capital facility plans to serve planned growth in
Whatcom County. These special purpose district plans will serve planned land uses, will
enhance provision of public facilities and services, and will not harm resource lands.
Spot Zoning
30. The subject proposal does not involve rezoning property.
CONCLUSIONS
The subject comprehensive plan amendments are consistent with the approval criteria of WCC
2.160.080.
5
305
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The Whatcom County Comprehensive Plan Chapter 2 (Land Use) is hereby amended
as shown on Exhibit A.
Section 2. The Whatcom County Comprehensive Plan Chapter 4 (Capital Facilities) is hereby
amended as shown on Exhibit B.
Section 3. The Foothills Subarea Plan is hereby amended as shown on Exhibit C.
Section 4. The water provisions of the Whatcom County 20-Year Capital Facilities Plan are
hereby amended as shown on Exhibit D.
Section 5. The school provisions of the Whatcom County 20-Year Capital Facilities Plan are
hereby amended as shown on Exhibit E.
Section 6. The fire protection provisions of the Whatcom County 20-Year Capital Facilities Plan
are hereby amended as shown on Exhibit F.
Section 7. 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 12014
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Chairperson
APPROVED as to form:
Civi o or
rel
( ) Approved O Denied
Jack Louws, Executive
Date:
306
Exhibit A - Comp Plan Chapter 2 Amendments
Planning Commission Recommendation - September 26, 2013
Exhibit A
Whatcom County
Comprehensive Plan
Amendments
(Chapter 2)
(VOTE: For brevity and ease in viewing the proposed changes, portions of the
Comprehensive Plan that are not being modified by this ordinance are not shown below.
The text, goals, policies and maps that are not shown below are retained as previously
adopted.
1
307
Exhibit A - Comp Plan Chapter 2 Amendments
Planning Commission Recommendation - September 26, 2013
Amend the Land Use Chapter of the Whatcom County Comprehensive Plan
(Chapter 2) as follows:
Paradise Lakes has public roads and continues to utilize septic systems for sewage
disposal. The Columbia Valley Water District (formerly Evergreen Water -Sewer
District] provides public water service ffermeFly 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.
30. Establish on -going communications link with Whatcom County Water District
13, Columbia Valley Water District ,
and Community Associations to, work towards mutually beneficial
infrastructure solutions including combined services in the Columbia Valley
UGA.
E
C1:
Exhibit B - Comp Plan Chapter 4 Amendments
Planning Commission Recommendation - September 26, 2013
Exhibit B
Whatcom County
Comprehensive Plan
Amendments
(Chapter 4)
(VOTE: For brevity and ease in viewing the proposed changes, portions of the
Comprehensive Plan that are not being modified by this ordinance are not shown
below. The text, goals, policies and maps that are not shown below are retained as
previously adopted.
1
309
Exhibit B - Comp Plan Chapter 4 Amendments
Planning Commission Recommendation - September 26, 2013
Amend the Capital Facilities Chapter of the Whatcom County Comprehensive
Plan (Chapter 4) as follows:
Goal 4N: Adopt special district and County capital facility plans for
unincorporated UGAs into this plan by reference when
consistent with the Whatcom County Comprehensive
Plan.
Policy 4N-1: The Birch Bay Water and Sewer District Comprehensive Water
System Plan, dated March 2009, is adopted by reference into
the comprehensive plan.
Policy 4N-2: The Birch Bay Water and Sewer District Comprehensive Sewer
System Plan, dated May 2009, is adopted by reference into the
comprehensive plan.
Policy 4N-3: The Birch Bay Comprehensive Stormwater Plan, dated July
2006, is adopted by reference into the comprehensive plan.
Policy 4N-4 The North Whatcom Fire and Rescue Capital Facilities Plan,
dated August 2009, is adopted by reference into the
comprehensive plan.
Policy 4N-5: The Public Utility District No. 1 Comprehensive Water System
Plan, dated October 2004, is adopted by reference into the
comprehensive Plan.
Policy 4N-6: The Columbia Valley Water District 2013 Water System Plan
Update
WateF Systeffi Plan, dated June , is adopted by reference
into the comprehensive plan. This water system serves a
portion of the Columbia Valley UGA.
Policy 4N-7: The Water District No. 13 Small Water System Plan, dated
August 2012FebruaFy 2005, is adopted by reference into the
comprehensive plan. This water system serves a portion of the
Columbia Valley UGA.
Policy 4N-8 The Water District No. 13 Comprehensive Sewer Plan, dated
August 2012, is adopted by reference into the comprehensive
plan. This sewer system serves a portion of the Columbia Valley
UGA.
Policy 4N-9: The public stormwater facilities sections relating to the Columbia
Valley UGA in the Water Quantity and Quality Report Foothills
Subarea (Aspect Consulting, July 18, 2008, pp. 2-3, 36-39, and
55-56) are adopted by reference into the comprehensive plan.
2
310
Exhibit B - Comp Plan Chapter 4 Amendments
Planning Commission Recommendation - September 26, 2013
Policy 4N-10: The Whatcom Fire District No. 14 Capital Facilities Plan, dated
July 2012, is adopted by reference into the Comprehensive Plan.
Policy 4N-11: The Mount Baker School District Capital Facilities Plan, dated
May 2013, is adopted by reference into the Comprehensive Plan.
Policy 4N-1214: The Whatcom County Fire District No. 7 Capital Facilities Plan,
dated May 2011, is adopted by reference into the
Comprehensive Plan (except that the UGA boundaries shown in
the Fire District No. 7 Capital Facilities Plan are not adopted by
reference).
W
311
Exhibit C - Foothills Subarea Plan Amendments
Planning Commission Recommendation - September 26, 2013
Exhibit C
Foothills Subarea Plan
Amendments
NOTE: For brevity and ease in viewing the proposed changes, portions of the Foothills Subarea Plan
that are not being modified by this ordinance are not shown below. The text and maps that are not
shown below are retained as previously adopted.
312
Exhibit C - Foothills Subarea Plan Amendments
Planning Commission Recommendation - September 26, 2013
Amend the Foothills Subarea Plan, Chapter 1, Introduction and Population Projections as follows:
As of the beginning of the 20122409 school year, the Mount Baker School District had experienced a
drop in school enrollment over the last tenfw years.
Amend the Foothills Subarea Plan, Chapter 2, Land Use as.follows:
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 Seheal Dist iet and the East County Regional Resources Center
hasafe air -ea y looking to developed 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.
Amend the Foothills Subarea Plan, Chapter 5, Utilities as.follows:
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 361347 existing connections as of September 201M . This leaves
capacity for 977994- 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 Columbia Valley Water District (formerly known as 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 Columbia
Valley Water District provides water service to the Paradise Lakes Country Club subdivision and the
Camper's Paradise recreational development. The Columbia Valley Water District 2013 Water System
Plan Update estimates that the District serves 974 equivalent residential units (ERUs) in 2013 and will
serve 1,242 ERUs by 2030 (p. 36), which would be an increase of 268 ERUs. The Water System Plan
finds that the District will have adequate water to serve development through the 2030 planning, horizon
(pp. 45-47 and 53,0-ecording to a State Depai4ment of Health letter- dated Febraary 9, 2007, the Di
313
Exhibit C - Foothills Subarea Plan Amendments
Planning Commission Recommendation - September 26, 2013
56 additional approved ,.o e tions. The Columbia Valley Water District has fourfwe tanks with a total
storage capacity of 762,000810,000 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.
Table 5.1 — Additional Water connections to serve the UGA
District
Additional Connections
Water District 13:
977
991 (already approved)
Columbia Valley Water District
�IStrl6t�:
268
Total:
1,245
Amend the Foothills Subarea Plan, Chapter 10, Community Facilities, Schools, Sheriff, Fire Protection,
Emergency Medical Services and Solid Waste Management as follows:
Schools The Foothills Subarea is served by the Mount Baker School District. The
District's Six Year Capital Facilities Plan (May 2013Feb. 2006) states:
"The Mount Baker School District has adequate classroom space to serve
the students of the District over the next 20-year period (through
the year 2036). Specifically, the schools serving the Columbia Valley
Urban Growth Area (Kendall Elementary School, the Junior High School
and the High School)have surplus capacity to house the students
anticipated over the planning period. Therefore, the District is not
planning any new or expanded classroom facilities" (p. 12).
314
Exhibit C - Foothills Subarea Plan Amendments
Planning Commission Recommendation - September 26, 2013
Amend the Foothills Subarea Plan, Chapter 13, Kendall Rural Community Master Plan as follows:
School capacity — The Kendall School is a prominent component of the Rural Community. Basel erg
,
school distr-iet may need te inerease the eapaeity at the Kendall Seheel or eonstmet additional faoilities
elsewhere. -The Kendall master plan must provide the District with the flexibility it needs to provide
adequate school capacity.
Amend the Foothills Subarea Plan, Appendix A, Bibliography as follows:
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
Columbia Valley Water District 2013 Water System Plan U date, 2013 ,ergr e Water Sewer DistrieL
pg,_��,
Plait,Comprehensive Water 8��em
Water- Dist fief i 2010)
Whatcom County Water District # 13 Small Water System Plan, Revised August 2012 ry ter System 46ti
315
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Exhibit D
Whatcom County 20-Year
Capital Facilities Plan
Amendments
(Water System Provisions)
NOTE: For brevity and ease in viewing the proposed changes, portions of the Whatcom
County 20-Year Capital Facilities Plan that are not being modified by this ordinance are not
shown below. The text and maps that are not shown below are retained as previously
adopted.
316
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Amend the "Executive Summary" of the Whatcom County 20-Year Capital Facilities Plan
(Whatcom County Comprehensive Plan Appendix E) as follows:
Water Systems
A comparison of the water system plans of urban water systems in Whatcom County shows that
most of the water systems plan for populations greater than that projected for their service area as
part of the Whatcom County 2029 capital facility planning process. This indicates that these
water systems generally plan conservatively for drinking water needs, particularly given the time
it takes to seek new water supplies to serve growth. , Water District 13,
City of Everson, City of Nooksack, City of Sumas, Water District 7, and Lake Whatcom Water
and Sewer District all plan for populations lower than that found in the Whatcom County 2029
CFP projections, potentially indicating a need to update their analysis with updated population
and employment figures as part of their planning for water system needs. Birch Bay Water and
Sewer District's Plan identified a near -term need for additional water sources, and is actively
working with its partner, the City of Blaine, to obtain new water sources. In addition, when the
Ecology water rights calculation for the City of Lynden of 1,110 gpm is considered, instead of the
City's source capacity estimates, then the City of Lynden experiences water deficits in the
planning period. Other urban area water purveyors identify storage and/or distribution projects
that will be needed to continue providing service at adequate levels over the planning period. For
those service providers with plans, a variety of short and long-term projects are identified to
address deficiencies (see Urban Water Systems Capital Project and Funding Section).
Amend the "Water Systems" chapter of the Whatcom County 20-Year Capital Facilities Plan
(Whatcom County Comprehensive Plan Appendix E) as follows:
Water Systems
This section identifies current water supply and transmission inventories within the County.
Public water systems are classified into two categories, Group A and Group B systems. Group A
water systems serve 15 or more connections or 25 or more people/day for 60 or more days/year.
A Group B water system is a public water system that serves less than 15 connections or fewer
than 25 people/day for 60 days or more/year. A full description of Groups A and B water
systems can be found in WAC 246-290-010.
For purposes of this Capital Facilities Plan, water systems are divided into those that serve urban
growth areas (Urban Water Systems) and those that provide 50 or more connections located
outside of UGAs (Rural Area Water Systems). A summary of the countywide water planning
process encompassed in the Whatcom County Coordinated Water System Plan is presented first
2
317
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
followed by inventories of urban water service providers. Information about rural water service
providers is included in Appendix 3.
Whatcom County Coordinated Water System Plan (CWSP)
The CWSP was prepared by the Whatcom County Water Utility Coordinating Committee
(WUCC) representing individual water utilities located throughout the County.
The CWSP was developed to ensure that County water purveyors meet state and federal laws
governing potable water supply in conjunction with the Washington State Department of Health
(DOH) and State Department of Ecology (Ecology). The Whatcom County CWSP (February
2000) presents an assessment of municipal and industrial water supply needs in the County and a
program to effectively provide water supply and service to customers throughout the area.
The CWSP represents the continued efforts of the County in managing the County's potable
water resources according to all applicable State and County public policy. The current CWSP
provides further refinement of process and strategy for existing water utilities .to define their role
in a program consistent with adopted land use policies and projected growth strategy. The CWSP
establishes agreed upon water system service boundaries, and identifies future population growth
that waters systems must plan on providing over the long-term. The County is responsible for
updating, maintaining, and implementing the CWSP.
The February 2000 Whatcom County CWSP identified 186 Group A water systems and 183
Group B water systems that constitute the public drinking water systems currently found within
Whatcom County. This Capital Facilities Plan inventories water facilities owned by public and
private entities in Whatcom County, including all Group "A" Community Water Systems with 50
or more connections located within the County as identified by the State Department of Health.
Urban Water Systems (within UGAs)
Overview
There are 14 systems that provide primary service to the County's UGAs.
Inventory of Current Facilities
This section of the CFP inventories each of the major 14 Group A Water Systems that provides
water service to Whatcom County's UGAs. Table 49 provides an inventory of water systems that
identifies the name of each water system, the portion of the County population the system serves,
and the existing DOH approved connections. The inventory identifies both existing connections,
as identified by DOH records, as well as an equivalent residential unit (ERU) number of
connections. This is helpful to note if a water system has commercial or industrial connections
that use larger amounts of water than a typical residential unit.
3
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Level of Service Capacity Analysis
Water system purveyors provide a LOS standard, generally expressed in water consumption of
gallons per capita (or per connection) per day. When applying this standard to existing and future
population, household, and employment estimates, and comparing to the water source capacity
noted in the inventory table above, a water system provider can obtain a sense for how planned
growth will affect water service into the future.
Each water service provider is required to prepare a water system plan (WSP) and a program of
capital improvements that address the system's anticipated needs within their designated water
service area, consistent with local land use plans. When the utility is requested to provide water
service, it will identify that portion of the planned capital facilities as well as other installations
which are necessary to provide the service necessary. As growth occurs, the full level of water
service will eventually be provided throughout the service area of the utility in a planned
development plan program which meets governmental requirements and minimizes overall costs
to the customers. More detail on planned improvements for urban water service providers is
provided under Capital Projects and Funding, below.
Table 50 identifies both water system plan LOS standards, or in the absence of an LOS standard
identified in the individual water system plan, a comparable Countywide standard for urban water
systems identified in the Whatcom County Coordinated Water System Plan.
4
319
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321
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Table 50. Water Level of Service (LOS) Standards
Service Provider LOS Standard (Average Daily Demand)
City of Bellingham
199 gallons/day/ERU'
Water District 2
210 gallons/day/ERU 2
Water District 7
221 gallons/ERU/day
Lake Whatcom Water and Sewer (formerly
Water District 10)
219 gallons/day/ERU 3
City of Blaine
300 gallons/household/day
Birch Bay Water and Sewer District
140 gallons/capita/day 4
Columbia Valley Water District
215 gallons/day/ERU5
----------
Whatcom County Water District 13
205 gallons/dav/ERU6
270 gallons/household/day
City of Everson
300 gallons/ERU/day
City of Ferndale
140 gallons/capita/day 4
PUD 1
140 gallons/capita/day 4
City of Lynden
235 gallons/day/ERU
City of Nooksack
250 gallons/day/ERU 7'S
City of Sumas
225 gallons/day/residential connection
1 City of Bellingham Water System Plan, Tables 2-8 and 2-11 (June 2009).
2 Whatcom County Water District #2, Draft Water System Plan, August 4, 2009, page 2-5.
3 Lake Whatcom Water and Sewer District Water System Comprehensive Plan (August 2009). Based on
water demand forecast for the combined Geneva/Sudden Valley portion of the District (Appendix B of Water
System Plan).
4 Where an LOS standard was not specifically identified in a water system plan, the average daily water
consumption figure for urban water systems was taken from the CWSP, Table 3-4, page 3-5 (February
2000). Other LOS standards found in Table 50 are provided in gallons/ERU/day or gallons/household/day
rather than gallons/capita/day noted in the Whatcom County CWSP.
5 Columbia Vallev Water District. 2013 Water Svstem Plan Update. 2013. oD. 36 and 61.
6 Whatcom County Water District # 13 Small Water System Plan, 2012, P. 18.
76_Personal communication. Email from Erin Osborn to Matt Aamot, July 14, 2009
Table 51 provides an overview of the planning horizon year and horizon year population for the
latest urban water system plans in comparison to Whatcom 2029 population projections. As can
be seen by a review of the table, most urban water systems plan conservatively for drinking water
needs, particularly given the time it takes to seek new water supplies to serve growth. lei}
projected in thin, CFP for- 2029 The Water District 13 WSP projected population of 1,170 is
lower than the population of 1,665 projected in this CFP for 2029. The City of Everson's WSP
projected population of 3,114 is lower than the population of 3,337 projected in this CFP for the
2029 horizon year. Nooksack's WSP projected population is lower than the 2,047 population
projected in this CFP's horizon year. Sumas' WSP projected population of 1,625 is lower than
the 2,095 anticipated in the city by 2029. Although Lake Whatcom Water District's 2027 horizon
year population is lower than that projected for the district by 2029 in this CFP, the district's plan
7
322
Exhibit D - 20-Year UP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
also includes a build -out population which is more conservative than the district's 2029 horizon
population considered in this CFP.
Table 51 also identifies each urban water system's horizon year average daily demand (ADD) in
millions of gallons per day. The table shows that most of the water systems are proactively
planning in a long-range and conservative fashion in order to be prepared to obtain future water
resources, as needed. As can be seen from a review of individual water system descriptions in the
next section, most districts have identified capital improvement projects in both the near -term and
long-term planning in order to be prepared for future population growth in their districts.
Birch Bay Water and Sewer District's Plan identified a near -term need for additional water
sources, and is actively working with its partner, the City of Blaine, to obtain new water sources.
In addition, if the DOE water rights calculation for the City of Lynden of 1,110 gpm is
considered, instead of the City's source capacity estimates, then the City is expected to
experience a future water deficit.
Capital Projects and Funding
Capital Project Funding
Water services and capital improvements are funded primarily by the users of the system through
water rates and general facilities charges. Water rates can be adjusted to match the funding
required for capital and operational needs. Connection fees are usually charged to developers
when a development necessitates expansion of the district's capacity. Improvements and new
infrastructure that will benefit the majority of the district are funded through water rates, capital
improvement fees, revenue bonds, or state or federal programs. These programs include the
Public Works Trust Fund, a revolving loan fund designed to help local entities through low -
interest loans; and the Drinking Water State Revolving Fund, which involves low -interest,
federally funded loans.
Table 51. Population Comparison: Water Plans and 2029 Population Projection
Service Provider
Horizon year of
Capital Plan
Capital Plan
Population
Horizon Year ADD
(mgd)
2029 Population
Projection
Birch Bay Water/
Sewer
2035
14,326
2.39
9,616
City of Bellingham
2028
122,672
18.3
107,648
City of Blaine
2027
11,587
3.45
8,647
City of Everson
2022
3,114
0.46'
3,337
City of Ferndale
2026
19,334
1.84
17,550
City of Lynden
2027
20,120
4.0
15,312
City of Nooksack
2022
1,881
N/A 2
2,047
8
323
Exhibit D — 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation — September 26, 2013
Service Provider
Horizon year of
Capital Plan
Capital Plan
Population
Horizon Year ADD
(mgd)
2029 Population
Projection
City of Sumas
2018
1,625
N/A 2
2,095
Columbia Valley
Water District
Eyerg FeGll Water and
Sewer DiStFOn+
2030
2023
N/A3
3090
NFA0.29 2
3,584
PUD 1
N/A 43
N/A 43
N/A 43
32
Lake Whatcom Water
and Sewer (W.C.
Water Dist. 10)
2027
10,85554
0.87 s-5
11,368
W.C. Water Dist. 2
2029
N/A-76
0.2507
1,646
W.C. Water Dist. 13
2031
2024
1,17y
NW
0.1310
0.39_
1,665
W.C. Water District 7
2027
2,100 1-18
0.2097
2,719
N/A = Not Available
All figures in this table, unless noted below, are population figures. Employment or residential equivalents are not considered in
this table unless specifically noted.
1 Based on system design standard of an ADD of 300 gpd/ERU, and a horizon year estimate of 1,540 ERUs.
2 Latest WSP does not identify a horizon year ADD,
been reduced in size and will serve fewer households.
43 Since PUD1 provides retail water service only to areas characterized by and designated for industrial and commercial uses,
the district's 2004 WSP does not provide population projections or a horizon year. PUD 1 also owns and operates the
Grandview potable water supply system — retail (Jilk, Stephan, PUD 1, memorandum to Matt Aamot commenting on
Whatcom County 10-Year Urban Growth Area review documents, April 20, 2009),
54 Although Lake Whatcom Water and Sewer District's 2027 horizon year anticipates a population of 10,855, the plan indicates
a "build -out" population of 15,192.
66 Lake Whatcom Water and Sewer District, Water System Comprehensive Plan (August 2009). See Appendix B for forecast
to 2027. Also, there is a build -out forecast of 1.2 MGD.
76 Water District 2 August 2009 Draft Water System Plan does not identify population. The plan indicates that the District plans
to serve a total of 1,175 ERUs, or 797 service connections (Whatcom County Water District 2 Draft Water System Plan,
August 4, 2009, Tables 2-9 and 2-10. Applying the City of Bellingham average household size of 2.5 and occupancy rate of
94.4% to the 797 projected water connections results in a future population of 1,881 in 2029.
87 Based on analysis of ADD/ERU compared to projected number of ERUs in WSP.
98 Whatcom County Water District # 13 Small Water System Plan, 2012, p. 14, Water District 13 does not identify population.
It plans to -could potentially serve a total of 1,338 connections (Water System Plan, p. 14). Applying the "Whatcom County
Foothills" UGAPeaseful Va 'ley Census Design ated dace average household size of 2.802:79 and an -occupancy rate of
78.4%7-9-."' (U.S. Census. 20101results in approximately 2 9372,979 people that could be served by the 1,338 connections
in 9094.
10 Whatcom County Water District # 13 Small Water System Plan, 2012, p. 15.
119 Water District 7 only identifies connections rather than population. The district plans to serve 888 connections by 2027.
Applying the Bellingham average household size of 2.5 and occupancy rate of 94.4% results in approximately 2,100 people
served by the 888 connections in 2027. However, Water District 7 is approved to serve up to 1,145 residential service
connections (State Department of Health letter from Richard Rodriguez and John Thielmann to James Trowbridge dated
January 5, 2009). Therefore the District could serve a population of about 2,700.
Any plans involving funding mechanisms not mentioned above are explained below:
■ Birch Bay Water System - The District will institute Latecomer's Agreements to help fund any
water main that serves property beyond that owned by the developer financing the project.
■ City of Everson - The City plans to pursue Community Development Block Grants and
Community Investment Fund Grants to finance major water system improvements. If these
applications are unsuccessful, then the low -interest loans listed above will be used.
9
324
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
■ City of Ferndale — The City may, under certain conditions, construct new infrastructure for
specific areas as Utility Local Improvement Districts.
• City of Lynden — In addition to the funding mechanisms listed above, the City expects to
receive between $125,000 and $51,000 annually from interest income through the year 2013.
Birch Bay Water and Sewer
The Birch Bay Water and Sewer District obtains its water supply from the City of Blaine (well
field). The district's Comprehensive Water Plan (2009) indicates that existing water supply is
only sufficient through 2011 (page ES-3). The district's plan states that additional water supply,
including use of surplus storage, and/or conservation will be necessary to meet the demand
beyond that time. The district's 2009 Comprehensive Water Plan includes several new supply
and distribution projects expected to address supply deficiencies. Besides its residential and
commercial customers, the district provides water supply to BP Cherry Point Refinery through a
wholesale agreement with PUD 1 (see below). The district plan's 2035 population projection of
12,913 is greater than the population projection considered for the district's water service area by
2029 in this CFP. Birch Bay's Comprehensive Water Plan indicates that it will extend future
service areas to areas within the district boundaries and provides future connection policies.
However, it does not provide a map identifying future major service lines. The District is
bounded on the east by the Bell Bay Jackson Water Association which served approximately 231
households in 2008, mostly outside of the UGA.
City of Bellingham
The City of Bellingham provides retail water service to the city limits and portions of the
Bellingham UGA that are not served and identified as a service area by other water purveyors.
The city's water service area overlaps with that of other water districts within the UGA. The
WSP does not assume that the city will take over other districts with retail water service areas
identified in the Whatcom County CWSP. Instead, the city assumes that it will be the retail water
purveyor for areas within its UGA that are not served by other service providers.
The City of Bellingham has adequate water rights and water plant capacity to provide water
service to its retail service area under all future growth scenarios listed. The City's 2009 water
comprehensive plan, provides for water storage and distribution systems to all of the current city
UGAs and has been adequately sized to serve the projected 2028 population of 122,672. The city
anticipates that any additional storage required to accept population greater that the 2028
projection can be addressed in the next planning cycle. Future reservoir projects can be up sized
to serve additional population load. The city's WSP identifies future service lines extending into
the city's UGA.
City of Blaine
The City of Blaine's Comprehensive Water System Plan (CHS Engineers 2008) provides a city
population projection of 11,587 by 2027; larger than anticipated for the city water service area by
2029 in this CFP. The city provides water to both the Birch Bay Water and Sewer District and
the Bell Bay Jackson Water Association. The 2008 WSP notes that the city has adequate supply
10
325
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
to meet projected demand through the 2027 planning period considered (City of Blaine
Comprehensive Water System Plan, CHS Engineers, July 2008). The Comprehensive Water Plan
shows a series of capital improvements needed in the planning period to 2027 to maintain
capacity and provide adequate distribution. The city's WSP does not appear to show water
service extensions to areas within the city or UGA that are not currently served. However, the
city's future service policies indicate that the city is planning to serve those areas.
City of Everson
The City of Everson's 2005 WSP addresses anticipated growth through the year 2022, including a
.city population of 3,114. The Everson water system is also addressed in the Capital Facilities
Element of the Everson Comprehensive Plan, which anticipated growth through 2024, including a
projected population of 4,202.
Source 1 Water Rights
The City of Everson holds water rights authorizing a maximum instantaneous pumping rate of
800 gallons per minute and a maximum annual withdrawal of 601 acre feet. Given adequate
storage, which Everson has developed, the annual withdrawal maximum is the system limiting
factor in terms of source of supply. The Everson WSP uses the figure of 300 gallons per day per
equivalent residential unit (ERU) to analyze the system capacity. On this basis, the Everson
source is equivalent to 1,788 ERUs. In 2002 the Everson water system served 1,147 ERUs of
which 440 went to serve two large water association customers and 707 went to regular City
customers. Assuming a total increase of 15 ERUs for the water associations from 2002 to 2029
would leave 626 ERUs of capacity to serve new growth within the City service area for a total of
1,333 ERUs for the City.
For 2008 the City estimates that the Everson water system is serving 1,238 ERUs (440 ERUs for
the water associations and 798 ERUs in the City). The CFP population projection equates to an
45% increase in population over the 21-year period from 2008 through 2029. Using the 2008 City
ERU estimate of 798 and applying an 45% increase would result in the need for a total of 1,157
ERUs in 2029. This represents an increase of 359 ERUs. This number of ERUs falls within the
non -water association capacity of 1,333. It is important to note that the above analysis includes
the City's continuing to supply 455 ERUs to the two water associations. In 2004 the City
instituted a series of rate increases that are intended to reduce water consumption by the
associations. Under the terms of their supply agreements, the City also has the ability to reduce
the total volume of water supplied to the associations. Given the above factors and considering
the fact that the Everson water system plan utilized a relatively conservative 300 gallons per day
per ERU, the City concludes that it has adequate source capacity to accommodate anticipated
growth through the 2029 CFP horizon year.
Storage
In 2006 the City constructed a third water storage reservoir. The system analysis completed in
2007 indicated that total storage is equivalent to 1,900 ERUs. Addiing the 455 ERUs noted above
for the water associations to the 1,157 ERUs calculated previously as being necessary to supply
the City's future needs in 2029 yields a total of 1,612 ERUs. This total is less than the ERUs
11
326
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
supported by the storage capacity; therefore, the City concludes that it has more than enough
storage to accommodate anticipated growth through 2029.
Improvements and Financing
In the past few years the city has completed two major capital projects. These include
construction of a third water storage reservoir and installation of a manganese treatment facility
that allows full use of the city's deep well (and full instantaneous pumping capacity). The new
reservoir was paid for out of capital reserves and the manganese plant is being financed through a
low -interest loan from the Drinking Water State Revolving Fund. Payment on this loan will be
covered by revenue from existing water rates. The city anticipates that all new extensions to serve
new development will be provided by developers. The only exception to this might be the
installation of a new trunk line in conjunction with construction of a major east -west connector to
serve the city's industrial zone. If the city were to participate in construction of such a facility, it
is anticipated that state CERB funding and County EDI funding would be utilized. The Everson
Comprehensive Plan shows the locations of some but not all of the system extensions necessary
to serve new development in the Everson UGA.
The city's WSP indicates that the City will serve areas of the city and its UGA that are not
currently served, though the Plan does not map future service lines into these areas at this time.
City of Ferndale
The City of Ferndale 2006 WSP indicates that the city has adequate water rights and contracts to
meet water system demands to the end of its 2026 planning period (City of Ferndale 2006). As
noted in Table 51 above, the city is planning to serve a retail water service population greater than
the CFP population projection to 2029. The city has identified water storage capacity
improvements that will be needed in the 20-year planning period, as well as near -term
distribution improvements needed to meet fire flow requirements (City of Ferndale 2006). The
city has some neighboring small water associations which are surrounded by the city water
service area on many sides. These include the Central Water Association, Ferndale Mobile
Village, Northwest Water Association, and the Mountain View Water Association among others.
These water associations each serves between 50 and 200 households in 2008. They all
experience additional growth through the 2029 planning horizon because they are located mostly
within the Ferndale UGA. There does not appear to be any plan for the City of Ferndale to take
over these smaller water services.
City of Lynden
The City of Lynden WSP (Gray & Osborne, 2008) indicates that the city has adequate water
supply to meet the needs of population growth over the 20 year period. However, the City of
Lynden and Ecology have an existing dispute over the city water rights. Where the City of
Lynden indicates that it has 5.91 million gallons per day (MGD) in water rights, Ecology believes
that the city only has approximately 1.599 (MGD) in water rights (Fabiniak and Rodriguez, pers.
Comm.). The city has entered into a memorandum of agreement (MOA) with Ecology to address
long-standing water right issues between the city and Ecology. Resolution of water supply issues
72
327
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
for City of Lynden is important for future planning in the city's water service area. Using water
rights amounts that Ecology believes the city possesses, it is expected that the city will experience
water supply deficits based on the Whatcom 2029 of this CFP.
The city's water plan also identifies capital projects needed in the 6-year planning period, as well
as some longer term projects. Six -year planning capital projects include construction of a new
treatment plant with additional capacity, acquisition of land for a new reservoir, and a variety of
distribution improvements to improve fire flow. The city's WSP includes a map showing fixture
water extensions within the city limits, but not extending into the surrounding unincorporated
UGA.
The city borders several water associations, including five associations that receive wholesale
water from the city: Berthusen Water Association, the Twin Ditch Water Association, the
Meadowbrook Water Association, the EDB Service Area, and the Stickney Island Association.
The Berthusen Water Association has a service area overlap with Lynden in its western UGA.
The city's water system plan addresses service policies in its western UGA, and indicates that
many of the five water associations mentioned above may be annexed to the city's water system
if they are within the city's retail water service area.
City of Nooksack
The Nooksack water system is addressed in the Nooksack WSP that was approved by the
Washington Department of Health on February 22, 2006. The Nooksack WSP addresses the 20-
year period through 2022. This includes a 2022 population of 1,881. The Nooksack water system
is also addressed in the 2004 update of the Nooksack Comprehensive Plan. The Nooksack
Comprehensive Plan addresses the 20-year period ending in 2024 and includes a 2024 population
of 2,039.
Source
The City of Sumas provides the source of supply to the Nooksack water system. The City of
Sumas provides up to 199 acre feet of water annually to Nooksack per the terms of a mutual
supply agreement between the two cities and the Nooksack Valley Water Association (NVWA).
The City of Sumas has indicated a willingness to supply an increased quantity of water to the City
of Nooksack if necessary to support growth, and the City of Sumas has more than adequate water
rights to be able to provide such an increased supply.
Storage
The City of Nooksack shares storage with the Nooksack Valley Water Association. Combined
storage includes three reservoirs totaling 700,000 gallons. The Nooksack WSP indicates that the
City has enough storage capacity to serve a population of 1,881. The CFP projects a 2029
population allocation of 2,047 for the City of Nooksack. Although the total storage described
above is jointly owned, NVWA utilizes more than 70% of the total storage. Additional analysis
will be necessary to determine whether enough additional storage capacity is available or can be
made available to accommodate growth under the CFP projections without constructing
additional storage capacity. However, if additional storage capacity is needed, the City is
13
328
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
prepared to participate in such a project to ensure that new growth under the CFP can be fully
accommodated through 2029.
Improvements and Financing
All system expansions necessary to serve new development will be paid for by developers. The
City is currently preparing construction plans for a new booster pump that will increase system
pressures to well above State minimum standards throughout the entire system. This
improvement will be paid for out of capital reserves. Similarly, if construction of a new 500,000
gallon water storage reservoir is necessary, the City will share the costs with NVWA and will pay
its share out of capital reserves. The Nooksack WSP shows the locations of some but not all of
the system extensions necessary to serve new development in the Nooksack UGA.
City of Sumas
The Sumas water system is addressed in the Sumas WSP that was approved by the Washington
Department of Health on December 4, 2000. The Sumas WSP covers the 20-year period from
1998 to 2018 including a 2018 population of 1,625. The City is currently in the process of
updating its WSP. In addition to municipal customers, the City of Sumas supplies wholesale
water to the Sumas Rural Water Association, the Nooksack Valley Water Association and the
City of Nooksack.
Source 1 Water Rights
The City of Sumas owns and operates seven wells located in two major well fields (Sumas well
field and May Road well field). These wells provide a significant quantity of water on both an
instantaneous and annual basis. The City holds numerous water rights that allow a total
withdrawal of approximately 3,322 acre feet of water annually. Based on past and ongoing
analyses, the Sumas well fields and water rights provide a source of supply well in excess of the
future needs of the City's retail and wholesale customers through the year 2029. For example, the
existing Sumas WSP indicates that in 2018, with conservation included, the Sumas water system
would still have over 1,000 acre feet of excess capacity.
Storage
The City of Sumas owns a 500,000 gallon storage reservoir that provides storage for both the City
and the Sumas Rural Water Association (SRWA). The Sumas WSP indicates that the Sumas
reservoir provided sufficient capacity to meet the City's needs through 2018. However, the WSP
also indicates that to serve both the City and the SRWA systems an additional 60,000 gallons of
storage would be needed by 2005 and an additional 160,000 gallons of storage would be needed
by 2019. In 2002 the SRWA constructed an additional 500,000 gallon reservoir that provides
storage to both SRWA and the City. The City of Sumas is in the process of updating its water
system plan. The preliminary storage analysis indicates that the City's 500,000 gallon reservoir is
sufficient to meet the City's needs through 2029 and the combined storage of 1,000,000 gallons is
sufficient to meet the needs of the combined systems.
14
329
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Improvements and Financing
System extensions required to serve new development will be provided by developers. A system
of new water mains will be extended into the City's UGA as new developments are approved
following annexation. The City does not have any plans for major City -funded water system
improvements. Ongoing operation and maintenance costs are covered by existing water rates.
Columbia Valley Water District&&rrrroon IA���nic+rir+
The Columbia Valley Water District'sENvF fNeeM `x'^ter- and Sewer Dist'"^*'" Comprehensive
WSP (20132004) indicates that the district has sufficient supply to meet the district's water needs
to its 20302023 planning horizon and beyond so long as unaccounted water loss can be reduced.
However, the distriet's plan only aeeetmts for- a future poptilation of 3,000, whieh is lower th
the population pr-ejeeted fer-the dist-rie4 to 2029 in this GF.The district's capital projects include
water main and pressure zone improvements to help meet growing demand expected within the
district's boundaries. The district also has plans to address unaccounted water loss, which should
enable the district to utilize water more efficientlyappl �„^' �e ea* ^N^
needed to meet some of the growth ^"tieip ted by 2029. The district's plangenerally-does-shows
a schematic representation of future water service mains and lines in the north service area4n
maps leeate,l i the plan appendiD„«s„a t to state g- lations,;t ; anticipated thatt Eve-gree„
PUD 1
PUD 1 provides water service to both the Grandview industrial/commercial service area north of
Ferndale, as well the Cherry Point UGA (an industrial area). PUD 1's Comprehensive Water
Plan (Donald E. Wright 2004) does not measure water demand in population as most other WSPs
do. The majority of the district's water service customers are industrial and commercial
customers. The PUD's Comprehensive Water Plan indicates that it has sufficient water supply to
meet the district's needs to the end of the district plan's 20-year planning period (2024). The plan
includes a series of capital improvements including the acquisition of other potable water system
treatment plants and water distribution and storage improvements. Although the district's plan
does not include maps showing future water service extensions, portions of the narrative on future
water service indicate the district's future water service plans to serve its entire district.
Lake Whatcom Water and Sewer District (Water District 10)
The Lake Whatcom Water and Sewer District Water System Comprehensive Plan (2009)
indicates that the district has adequate supply to meet its 20-year planning needs. The district
takes water supply and provides service to four separate areas: Sudden Valley, Geneva, North
Shore/City, and North Shore/Wells. City of Bellingham water is provided to most of these
subareas. The North Shore/City subarea is served partially by City of Bellingham water and
partially by well water, while the North Shore/Wells subarea is served exclusively by well water.
A review of population projections found in Table 51 indicate that the district is planning for less
growth by 2027 than projected in this CFP to 2029. However, the district's build -out plans are
330
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
for a population of 15,192, which is larger than the CFP 2029 horizon year population projections
for the district.
The district's plan identifies a number of capital improvement projects for maintaining system
reliability and distribution with expected growth. The district does not specifically identify future
water service lines within the district.
Water District 2
Water District 2's Draft WSP (2009) includes plans to serve approximately 797 connections by
2029. When translating this to population, the district is planning for a population that is slightly
larger than that being projected to 2029 for the district in this CFP. The district's plan identifies
capital improvements needed by the district over the 20-year period ending in 2029. These
improvements include the systematic replacement of the district's water distribution system over
the 20-year period which in many cases will address fire flow issues. Additional projects
necessary to provide fire flow in the Bellingham UGA have also been identified and are likely to
be paid for by developers. The plan indicates that the district has enough water supply for its
planning period. The district's plan does not specifically identify future water service lines
within the district. Water District 2 and City of Bellingham have an overlap in service areas
south of the Bellingham Airport according to the County's CWSP.
Water District 13
Table 51 indicates that Water District 13's WSP (2012Reie afdt R Ebe-200 ) anticipates a
smaller opulation number- of eonnee+iens similar greater- than the district population being
considered under the CFP 2029 horizon year. However, the WSP also indicates that the State
Department of Health has approved more connections than needed to serve the population UOwth
projected by the District (p. 14). The Water District 13 Water System Plan indicates that it has
adequate water supply to serve its service area by the district's planning horizon year of
20312-N4. The district's capital improvement plan identifies a variety of projects through 2010
that are needed to ensure adequate water service. The district's plan does not show future service
extensions within its service area. Puts, an4 to state regulations, it ; anfieipated that W tef
Dist,.:,.* 13 will update its ..,ate f syste,.,., ,.la i 2011.
Water District 7
The Whatcom County Water District 7 WSP (Reichardt & Ebe 2008) indicates that the district
has enough water supply to serve its customers in the 20-year period ending in 2028. However,
the District does not plan for as large a population as is being projected under the CFP 2029
horizon for population projections (see Table 51).
The district's plan indicates a need for a new storage facility in one of the pressure zones to
improve water pressure, as well as a variety of distribution system improvements in order to
maintain adequate water service in the district's planning period. The district's plan shows future
service extensions in figures found within the water system's service area.
16
331
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Capital Projects and Funding
The urban water service providers have identified capital projects as noted in Table 52 below,
broken down by service provider, to accommodate the future needs of urban water service in
Whatcom County.
Note that specific revenue sources are not identified in Table 52 below. Water district providers
obtain their revenue from a variety of sources, including but not limited to connection charges, as
noted at the beginning of this section.
Table 52. Urban Area Water Projects
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Birth Bay 'dter & Sewer
New Booster
Pump Station -
Portal Way at
Blaine Connection
(SU-3)
Cost
446
446
General Facilities
446
446
Charge
New Source and
10" Transmission
Main at Portal
Way (SU-4)
Cost
1,260
1,260
General Facilities
1,260
1,260
Charge
16" Transmission
Main from Blaine
Rd Booster Pump
Station along Hall
and Dearborn to
Drayton Harbor
Rd. (SU-5)
Cost
791
791
General Facilities
791
791
Charge
Local Facilities
Charge
14" Transmission
Main on Blaine Rd
from Double R
Ranch to Alderson
Rd. (SU-6)
Cost
688
688
17
332
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Booster Pump
Station Upgrade
at Blaine Rd. (SU-
7)
Cost
526
526
18" Transmission
Main on Blaine Rd
from Blaine meter
to Blaine Rd
Booster Pump
Station (SU-8)
Cost
1,178
1,178
Replace Birch
Point Reservoir at
existing site (ST-
2)
Cost
1,400
1,400
General Facilities
1,400
1,400
Charge
Rates
Kickerville
Reservoir
upgrades at
existing site (ST-
3).
Cost
667
667
Rates
667
667
Replacement
Semiahmoo
Reservoir (ST-4)
Cost
1,018
1,018
General Facilities
1,018
1,018
Charge
Rates
Point Whitehom
Reservoir at Point
Whitehorn (ST-5)
Cost
606
606
General Facilities
606
606
Charge
3" Distribution
Main
Replacement
along Birch Bay
Drive (T-4)
333
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Cost
366
366
Rates
366
366
Abandon
Distribution Main
from Loft Lane to
Gemini St. (T-5)
Cost
3
3
Rates
3
3
Waste Water
Treatment Plant
Meter Relocations
to Pt. Whitehorn
Booster Pump
Station area (T-6)
Cost
45
45
Rates
45
45
Point Whitehorn
Booster Pump
Station at Pt.
Whitehorn (T-7)
Cost
122
122
General Facilities
122
122
Charge
Replace
Distribution Main
from Pt.
Whitehorn
Booster Pump
Station to Pt.
Whitehorn Rd. (T-
8)
Cost
137
137
General Facilities
137
137
Charge
Birch Point
Booster Pump
Station at existing
site (T-9)
Cost
526
526
General Facilities
526
526
Charge
19
334
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
12" Transmission
Main from Birch
Point Booster
Pump Station to
replacement
Semiahmoo
Reservoir (T-10)
Cost
785
785
General Facilities
785
785
Charge
Semiahmoo
Booster Pump
Station (T-11)
Cost
395
395
General Facilities
395
395
Charge
10" Transmission
Main generally at
Birch Point along
Birch Point Rd
and along
southeast side of
Cannery Hill (T-
12)
Cost
2,566
2,566
General Facilities
2,566
2,566
Charge
Local Facilities
Charge
Main
Replacement at
multiple locations
in District (T-13)
Cost
500
500
Rates
500
500
t�.1lxtnt,$,%° „a
4 i
✓v
,, x t t £
,,.��fus��
fi�� 4 q r�� edlrf vf� a... � �fy
King Mountain
Reservoir (ST-2)
(1.9 MG)
Cost
450
5,890
6,340
Upper Yew
Reservoir (1.35
MG) (ST-1)
Cost
5,919
5,919
20
335
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Padden Reservoir
457 South
Pressure Zone
(ST-3) (2.5 MG)
Cost
8,997
8,997
730 Alabama Hill
Pressure Zone
Reservoir (1.5
MG) (ST-4)
Cost
4,858
4,858
519 Dakin & Yew
Pressure Zone
Reservoir (2.2
MG) (ST-5)
Cost
5,937
5,937
New 401h Street
Pump Station
(PS-1)
Cost
2,664
2,664
New Kerney Road
Pump Station
(PS-2)
Cost
300
3,950
4,250
Consolidated
Pump Station
Upgrade (PS-3)
Cost
1,295
1,295
Reveille Street
Pump Station
Upgrade (PS-4)
Cost
1,503
1,503
New 950 Zone
Constant
Pressure Pump
Station located
near Upper Yew
Reservoir (PS-5)
Cost
1,705
1,705
New James Street
Pump Station
(PS-6)
Cost
2,980
2,980
870 Upper Yew
Reservoir West
Connection (PL-1)
21 -
336
Exhibit D — 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation — September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Cost
1,702
1,702
870 Upper Yew
Reservoir East
Connection (PL-2)
Cost
1,689
1,689
King Mountain
Reservoir West
Connection (PL-3)
Cost
2,853
2,853
Transmission
Main Extension to
950 Rezone Area
(located near
Upper Yew
Reservoir) (PL-4)
Cost
459
459
Yew Street
Transmission
Main Extension
(PL-5)
Cost
2,060
2,060
Annual Main
Replacement (PL-
R)
Cost
600
2,600
1,600
1,600
1,600
8,000
Mt. Baker
Highway
Replacement II
(PL-8)
Cost
100
400
400
900
Hydraulic Model
3-year updates
(PN-1)
Cost
100
100
Metering Program
(M-1)(throughout
service area)
Cost
2,000
2,000
2,000
3,000
9,000
Nooksack
Diversion
Passage (DV-1)
Cost
10,000
10,000
sty of Bia„►�
� �- �
w
� �� � ���� �.
zz
337
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
New Source:
Prospecting for
new wells and
water rights (SU-
1)
Cost
200
200
New Source:
Completion of
Well #8.1 (SU-8)
Cost
210
210
Telemetry System
Upgrades
including system
for Well #9 (SU-9)
Cost
20
20
40
Replacement of
Chlorination
Treatment System
and associated
building (SU-10)
Cost
250
250
Rehabilitate or
reconstruct Well 2
and other wells in
well field (SU-11)
Cost
50
50
Replace
transmission main
from Birch Bay
Water District
north to Hughes
Avenue and east
to 1-5 (T/D-4)
Cost
1,250
1,250
Construction of
630-zone Booster
Pump Station
(BPS-1)
Cost
1,500
1,500
Sweet Road
Water Main
Upsizing East
toward well field -
Phase 1 (T/D-5)
Cost
1,250
1,250
23
338
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
CostslRevenue
2029
(thousands $)
Sweet Road
Water Main
Upsizing East
toward well field -
Phase 2 (T/D-6)
Cost
1,250
1,250
Sweet Road
Water Main
Upsizing East
toward well field -
Phase 3(T/D-7)
Cost
1,250
1,250
E Street
Replacement of 6"
main with 8" main
and associated
pipe on E Street
between 6ch and
12th Streets (T/D-
13)
Cost
145
145
11th Street Pipe
Replacement
between H Street
and B Street(T/D-
14)
Cost
250
250
Addition of
Standby Power
Generator at
Lincoln Park for
Booster Pump
Stations #2 and
#5 (BPS-3)
Cost
115
115
Water Distribution
Extension (East
Blaine) Local
Improvement
Districts
Cost
1,000
1,000
1,000
1,000
1,000
1,000
2,000
8,000
Reservoir #1
Replacement (ST-
1) (location to be
determined in
conjunction with
project SU-1)
Cost
500
4,01
4,500
339
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Construction of
Additional
Reservoir for 330
Zone (ST-4)
(location to be
determined)
Cost
500
5,100
5,600
Construction of
East Blaine
Reservoir for 630
Zone (ST-3)
Cost
2,500
2,500
Water System
Plan Update (P-2)
Cost
60
60
ti#y of Everson .
r_
Miscellaneous
Capital Projects
Cost
23.9
24.7
48.6
Mission Road
Expansion Project
Cost
TBD
TBD
Y
Upgrade Pipe in
Labounty, Sunset
to 1-5 (ref #38)
Cost
365
365
Upgrade Pipe in
Pacific Place (ref#
39)
Cost
85
85
Upgrade the
Axton Pressure
Zone by Moving
Pressure
Reduction Valves
and Pipe in Deer
Creek Drive (ref#
43 & 44)
Cost
115
115
Water System
Plan Update (no
ref #)
Cost
100
100
25
340
Exhibit D — 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation — September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
New Tank,
Booster Station &
Connecting
Pipeline North of
Smith (ref # 40 &
41)
Cost
3,1585
3,185
,.4 w�I��
//
l sL• ��
S s>�kis (n ` ` 7 } J
Y �
yt) r fi
'Pu' 7 'hiVLS+i�
it
1,
6 P'{ti''4
Additional
Treatment Plant
Upgrade (WS-2)
Cost
2,000
12,000
7,000
21,000
Site and Construct
1.0 MG Reservoir
in northeastern
part of service
area(ST-1)
Cost
250
250
Replace
undersized water
mains along
Glenning Street
and 14'h Street (D-
3)
Cost
425
425
Replace
undersized water
mains along
British Columbia
Avenue(D-4)
Cost
103
103
Replace
undersized water
mains along
Garden Drive and
Garden Circle (D-
5)
Cost
576
576
Replace
undersized water
mains along Line
Road for fire flow
(D-6)
Cost
83
83
26
341
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Install water main
along 8"' Street
between Grover
Street and Liberty
Street(D-7)
Cost
105
105
Replace
undersized water
mains along
South Prairie
Drive and Park
View Drive east of
Depot Road (D-8)
Cost
238
238
Replace
undersized water
mains along East
Badger Road for
fire flow (East) (D-
9)
Cost
536
536
Replace
undersized water
mains along East
Badger Road for
fire flow (Center)
(D-10)
Cost
118
118
Replace
undersized water
mains along East
Badger Road for
fire flow (West)
(D-11)
Cost
770
770
Replace pipes in
Benson Road for
improved fire flow
(D-12)
Cost
160
160
Replace
undersized water
mains along
Cedar Drive and
West Park Street
to Cedar Court
and along West
Park Street north
of Cedar Drive (D-
13)
342
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Cost
259
259
Install water main
connecting
Woodcreek Road
and Double Ditch
Road (D-14)
Cost
125
125
Replace
undersized water
mains along
South Meadow
Lane and Meadow
Lane (D-15)
Cost
209
209
Install a water
main connecting
19t" Street Court
and South Pine
Court (D-16)
Cost
41
41
Expansion of
water system to
Northeastern part
of service area
(M-1)
Cost
926
926
New Booster
Pump at Gillies
Road (south of
city limits)
Cost 2502
Cash Reserves
No Projects
currently planned
3
PFOgFaFn♦AAK11,,
(IVAA'I7
GG&t
Gemprehenswe
Water System
Waa-�da+
30 1 31- 1 32 1 33
28
343
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Gent
30
30 �I
Annual Small
Tools &
Ems^)
Gent
6
6
6
7
25
",Y ",t�Tl u�� %Ytt,r
µl 3rl��+mtfitt�}yTy uj}itt ,Lti ;`Y Ud�?I
)IJ 52; t�`i�1k313;;
}!il�1 S r"'}qil
21,r,
Cross Connection
Control Program
(OP-1)
Cost
2
Emergency
Response
Program (OP-6)
Cost
7.5
Water
Conservation
Program (OP-7)
Cost
5
Grandview -
Northgate Supply
Reliability (IMP-1)
Cost
20
Grandview -
Northgate
Chlorination
Reliability (IMP-2)
Cost
1
Water System
Telemetry and
Alarms - Phase 2
Cost
70
Meter Testing and
Replacement
(IMP-4)
Cost
2.5
Grandview -
Northgate
Emergency Power
(IMP - 5)
Cost
15
29
344
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Grandview -
Northgate
Reservoir Piping
(IMP-6)
Cost
5
Cherry Point
Potable System
Acquisition (EXP-
1)
Cost
100
Cherry Point
Potable Water
System Storage
(EXP-1.1)
Cost
250
Cherry Point
Potable Water
System Treatment
(EXP-1.2)
Cost
10
Cherry Point
Water System
Transmission
System
Cost
500
Cherry Point
Potable Water
System
Emergency Power
(EXP-1.4)
Cost
75
Expansion of
Water System to
Unserved Areas
of Grandview -
Northgate
Distribution
System (EXP 2)
Cost
1,000
Grandview -
Northgate
Additional Storage
(OP-101)
Cost
75
345
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Grandview -
Northgate
Ferndale Intertie
(IMP-101)
Cost
10
Cherry Point
Potable Water
System Storage
(IMP-102)
Cost
750
Cherry Point
Potable Water
System Treatment
(IMP-103)
Cost
400
Grandview -
Northgate Water
Distribution
Expansion (EXP-
101)
Cost
500
Cherry Point
Potable Water
Distribution
Expansion (EXP-
102)
Cost
500
f
Like 11Uhatctsm 1Nater,� �4ver Di§trikislWme�)Iy
Water DIstl�)twh(?,�°�
Engineering
reports benefiting
future customers
Cost
5.4
5.4
5.4
5.4
5.4
5.4
21.6
54
Computers (office
server) - Replace
hardware, network
security, and
operating system
Cost
5.6
5.6
5.6
11.2
28
Computers (staff
workstations) -
Replace/Update
Hardware,
operating system,
and software
Cost
5.4
5.4
5.4
5.4
5.4
5.4
21.6
T54
31
346
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Meter Reading
Handheld Data
Collectors
Cost
10.4
10.4
Computers -
Replace Utility
Billing Printer
Cost
2.0
2.0
2.0
6
Sudden Valley
Water Treatment
Plant - Replace
Generator
Transfer Switch
Cost
54
54
Sudden Valley
Water Treatment
Plant - Raw
Water Pump
Emergency
Bypass Port
Cost
5.4
5.4
Water Service
Rebuilds
Cost
50.4
50.4
50.4
151.2
Replace Pressure
Reduction Valves
(PRVs)
Cost
14
14
28
Smoke Blower
Cost
5.6
5.6
Trailerable Genset
Cost
33.6
33.6
Replace Backhoe
Cost
134.6
134.6
Sudden Valley
Water Treatment
Plant -
Emergency
Generator
Upgrade
Cost
325
325
Replace Office
Staff Vehicle
32
347
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Cost
17.9
17.9
35.8
Sudden Valley
Water Treatment
Plant - Raw
Water Pump
Motors
Cost
29.1
29.1
Blow -off
Installations at
Dead Ends
Cost
33.6
33.6
Reservoirs -
Inspection and
Maintenance
Cost
24.2
24.2
Replace Camera
Equipment
Cost
33.6
33.6
Replace Tool
Truck
Cost
56
56
56
168
Division 22
Reservoir (0.5
MG)
Cost
664.7
664.7
Replace Meter
Reading Van
Cost
22.4
22.4
Eagleridge Fire
Pump Control
Upgrade
Cost
56
56
Sudden Valley
Replace AC and
2" PVC Water
Lines
Cost
82.4
82.4
Lowell & Oriental
PRVs
Cost
185
185
33
348
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016•
Total
Costs/Revenue
2029
(thousands $)
Sudden Valley
Water Treatment
Plant Clearwell
Overflow Drain
Cost
80.9
80.9
Agate Heights
Water Treatment
Plant - Additional
Capacity
Cost
300
300
Geneva Area
Water Main
Replacement
Cost
158.6
907.9
1,066.5
Geneva Street
Water Main
Replacement
Cost
232
232
Sudden Valley
Water Treatment
Plant - Transfer
and Transmission
Pump
Cost
425
425
Replace Sudden
Valley Water
Treatment Plant
Filters
Cost
17.9
17.9
35.8
Replace Small
Dump Truck
Cost
75.7
75.7
Replace Mini
Excavator
Cost
58.2
58.2
Replace Light
Truck
Cost
28
28
Replace Fire
Hydrants
Cost
403.5
403.5
34
349
35
350
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Install 8" Main on
Emerald Lake
Way
Cost
220
220
Construct
Emerald Lake
Tank
Cost
200
200
Upgrade Roma
Road Pump
Station
Cost
40
40
Construct
Academy Booster
Pump Station
Cost
180
180
Upgrade the
Pumps and
Pressure
Reducing Valve in
the Sapphire Trail
Pump Station
Cost
65
65
Supervisory
Control And Data
Acquisition
System
Cost
75
75
Upgrade the
Pressure
Reducing Valve in
Control Vault A to
6"
Cost
15
15
Upgrade the
Pressure
Reducing Valve in
Control Vault B to
6"
Cost
15
15
Remove the
Woodlake
Meadows
Pressure
Reducing Valves
Cost
15
15
36
351
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Replace Ex. 4"
water main on
Emerald Lake
Way & Swamp
Creek Road with
8"
Cost
180
180
Replace Ex. 4"
Transmission
Main on Emerald
Lake Way with 8"
Cost
145
145
Replace 6" Main
on Hillsdale with
10"
Cost
180
180
Connect
Wildhaven Crest
with Vineyard
Road
Cost
125
125
Install 8" Main
along Toad Lake
Road &
Squalicum Mt. Rd.
Construct new
pump station.
Cost
300
300
37
352
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
NOTE: The Columbia Valley Water District and Water District No. 13 tables below are entirely new text. Underlining has been
omitted to make the tables easier to read.
Columbia Valley Water District
Project Costs (thousand $) 2010 2011 2012 2013 2014 2015 2016-29 Total
Replace AC
1,103
1,103
Mains
Replace cul-de-sac
122
1,931
2,053
Lines
Residential Meter
8
27
28
28
224
315
Replacement
Service Line
139
139
Replacement
Fire Hydrant
10
11
11
86
118
Replacement
Water Main
10
11
11
86
118
Emergency Repairs
Financial Plan/
8
8
Rate Study Update
Vulnerability
11
11
Assessment Update
Future Water
8
8
Supply Study
Comprehensive Water
49
49
System Plan Update
Telemetry System
136
136
Upgrade/Replacement
Demo abandoned
51
51
Reservoir # 1
Campers Tanks Debris
46
46
Removal and Channel
Solar Retrofit
71
71
for Office
Reservoir
9
9
Maintenance
Leak Detection
11
11
& Audit
Well Head
3
3
Security Fencing
Booster Pump
196
196
Replacements
Well Pump
59
59
Replacements
Retrofit Campers
21
21
Tanks
38
353
Exhibit D - 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation - September 26, 2013
Colurni iia Dailey Water Dis#riot
Project Costs (thousand $) 2010 2011 2012 2013 2014 2015 2016-29 Total
Santa Fe Pressure -Tests,
27
27
Analysis and Design
Santa Fe Pressure Issue
72
72
Construction
New Office/Shop
403
403
Facility
Replace Well/Source
13
13
Flow Meters
Replace Full -Size
7
7
Pick-up (used)
Staff Communications
1
1
Upgrade
Back-up Generator
6
6
for Office
Water District No. 13
53
53
Emergency Tie
Project Costs 2010 2011 2012 2013 2014 2015
(thousand $)
2016-2029 Total
Emergency Backup
100
Power at Well sites
Storage Tank Piping
50
Modifications
Replace/add Valves
2
2
2
2
28
36
at System Junctions
Install 8" Loop from
Well
86
# 1 to Fall Valley Rd.
Install 8" Loop -Clear
Valley
90
Dr. to Boulder Valley
Ln.
Rate Study
25
25
1 City of Lynden, City's Water System Plan rolls up years 2014-2027. Projects found in 2014-2027 timeframe are shown in
total column only.
39
354
Exhibit D — 20-Year CFP Amendments (Water Systems)
Planning Commission Recommendation — September 26, 2013
2 City of Nooksack's Water System Plan does not include projects within the timeframe of the Whatcom County CFP. This
specific project actually going to bid in 2009. (Personal communication email Erin Osborn email to Matt Aamot, July 14,
2009.)
3 City of Sumas' Water System Plan does not include projects within the timeframe of the Whatcom County CFP. No projects
are currently shown in the City's 6-year or 20-year planning periods (Personal communication email Erin Osborn to Matt
Aamot, July 14, 2009.)
4 PUD #1 Water System Plan does not include a specific year of improvement for capital projects. Projects are prioritized by
near term (2004-2010) and long term (2011-2023) projects (October 2004 Comprehensive Water Plan, Public Utility District
#1, Donald C. Wright, Consulting Engineer, Chapter 9). For purposes of this CFP, all projects are only listed in the total
column.
5 Some proiects in the Whatcom County Water District # 13 Small Water System Plan (2012) do not have implementation
dates.
Amend the "References" section of the Whatcom County 20-Year Capital Facilities Plan
(Whatcom County Comprehensive Plan Appendix E) as follows:
Columbia Valley Water District. 2013 Water System Plan Update. (WA) 2013. greet
Water Sewer- Distriet. 2004. Compr-ehensive Water- System Plan. (3AIA) june, .
Whatcom County Water District #13. 20122005. Whatcom County Water District # 13 Small
Water System Plan . (WA) Reichardt
.e. Ebe Engineering, T^^ Revised August 2012Febmary, 20 .
Water- Distr-iet # 13
4u
355
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Exhibit E
Whatcom County 20-Year
Capital Facilities Plan
Amendments
(School Provisions)
NOTE: For brevity and ease in viewing the proposed changes, portions of the Whatcom
County 20-Year Capital Facilities Plan that are not being modified by this ordinance are not
shown below. The text and maps that are not shown below are retained as previously
adopted.
356
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Amend the "Schools " chapter of the Whatcom County 20-Year Capital Facilities Plan (Whatcom
County Comprehensive Plan Appendix E) as follows:
Overview
This section evaluates the seven public school districts that serve Whatcom County.
Inventory of Current Facilities
Inventories of the school districts' existing facilities located in Whatcom County are presented in
this section. The inventories are summarized below. Each inventory lists the schools in
alphabetical order for each level of school (i.e., elementary, middle/junior high) and high/senior
high school). The inventory also includes the number of students that each school can
accommodate (i.e., its enrollment capacity). Where detailed information is available, enrollment
capacity has been broken down into permanent enrollment capacity and portable enrollment
capacity (temporary or moveable facilities).
Bellingham School District
The Bellingham School District is the largest school district in the County. The current
enrollment capacity of the Bellingham School District can be found in Table 53 below.
357
Exhibit E — 20-Year CFP Amendments (Schools)
Planning Commission Recommendation — September 26, 2013
Table 53. Bellingham School District Current Enrollment Capacity
School
Current Enrollment
Portable Enrollment
Total Enrollment
Capacity
Capacity
Capacity
Elerrtentar�r
t o b' r Y tiv t
.Y+,t3 __ °", iy, / r f�j uf'pgs�
b r f�,LL
wn� V
LI M
s
Alderwood
338
45
383
Birchwood
203
113
315
Carl Cozier
360
0
360
Columbia
225
0
225
Geneva
450
45
495
Happy Valley
338
90
428
Larrabee
158
68
225
Lowell (temporarily closed)
293
0
293
Northern Heights
405
0
405
Parkview
338
23
360
Roosevelt
405
0
405
Silver Beach
405
0
405
Sunnyland
270
90
360
Wade King
450
0
450
Subtotal
4,635
473
5,108
...,
Y7rrtar
Fairhaven
650
0
650
Kulshan
650
25
675
Shuksan
525
0
525
Whatcom
450
100
550
Subtotal
2,275
125
2,400
it ktr t %5 YipLLT
155 iy F 5j4
Sli'Y"1 Q1��15
Bellingham
1,050
0
1,050
Sehome
1,000
25
1,025
Squalicum
1,200
25
1,225
Subtotal
3,250
50
3,300
Total K-12
10,160
648
10,808
Source: Bellingham School District No. 501 Capital Facilities Plan 2009-2015 (July 2009).
3
358
Exhibit E — 20-Year CFP Amendments (Schools)
Planning Commission Recommendation — September 26, 2013
Blaine School District
The Blaine School District encompasses the City of Blaine and its UGA, as well as the Birch Bay
UGA, and outlying rural areas. The school district inventory of facilities can be found in
Table 54 below.
Table 54. Blaine School District Current Enrollment Capacity
School Permanent Portable Enrollment Total Enrollment
Enrollment Capacity Capacity
Capacity
Blaine (P-2) 440 0 440
Blaine (3-5) 580 0 580
Pt. Roberts (K-2) 60 0 60
Blaine (6-8) 540 0 540
Blaine(9-12) 740 0 740
Total K-12 2,360 0 2,360
Source: City of Blaine Comprehensive Plan, Capital Facilities Element (September 2006).
Ferndale School District
The Ferndale School District encompasses the City of Ferndale, its UGA, and rural areas
including the Lummi Reservation and Lummi Island. The Ferndale School District's current
enrollment capacity is listed on Table 55 below.
4
359
Exhibit E — 20-Year CFP Amendments (Schools)
Planning Commission Recommendation — September 26, 2013
Table 55. Ferndale School District Current Enrollment Capacity
School
Permanent
Portable
Current Enrollment
Enrollment
Enrollment
Capacity
Capacity
Capacity
I`ieroentary
-
Beach
60
0
60
Central
254
61
315
Custer
500
0
500
Eagleridge
300
200
500
Mountain View
401
99
500
Cascadia
505
0
505
Skyline
500
0
500
Subtotal
Z520
360
Z880
Horizon
650
0
650
Vista
650
0
650
Subtotal
1,300
0
1,300
Ferndale
Windward (leased facility)
1,535
300
0
0
1,535
300
Clearview High School (at North
Bellingham)
0
60'
60
Subtotal
1,835
60
1,895
Total K-12
5,655
420
6,075
1 Clearview High School also has 1 portable used as an office, and 1 portable used for storage. No student capacity assumed
for these 2 portables.
Source: Ferndale Schools Capital Facility Plan and School Impact Fee Ordinance (December 2005); and email correspondence
from Shawn Flaherty of Ferndale School District (February 27, 2009 and March 6, 2009).
I
360
Exhibit E - 20-Year UP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Lynden School District
The Lynden School District encompasses the City of Lynden and its UGA along with
surrounding outlying rural areas. The school district's current enrollment capacity is listed on
Table 56 below.
Table 56. Lynden School District Current Enrollment Capacity
School Current Enrollment Capacity
Bernice Vossbeck Elementary (Grades K-5)
369
—------- -
Fisher Elementary (Grades K-2)
. _....... - ---- -
360
Isom Intermediate (Grades 3-5)'
390
Subtotal
1,119
i11ltClcll� rJ,gie�
,
�sua
tl tVta sf'ai,
o'kr
i,� 5�' Va
a1dr;
.
Sil
Lynden2
b5O
Subtotal
550
Lynden3
550
Subtotal
550
Total K-12
2,219
Note: Lynden School District also provides instruction through the Parent Partnership Program (grades K-12). This program is
housed in leased facilities and therefore not included in the District's inventory of permanent facilities.
1 Capacity figure includes 1 portable classroom at both Fisher and Isom Elementaries.
2 Enrollment capacity includes 4 portable classrooms.
3 Enrollment capacity includes 6 portable classrooms.
Source: Lynden School District No. 504 Six Year Capital Facilities Plan (June 2006)
6
361
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Meridian School District
The Meridian School District is mostly rural with only a portion of its southernmost boundaries
contained within a portion of the Bellingham's UGA. The school district's inventory of current
enrollment capacity can be found in Table 57 below.
Table 57. Meridian School District Current Enrollment Capacity
School Permanent Enrollment Portable Enrollment Total Enrollment
Capacity Capacity Capacity
Irene Reither Primary (grades K-3) 380 100 480
- - ..-............... .
Ten Mile Creek (Grades 4-5) 164 100 264
Subtotal 544 200 744
Meridian Middle School 494 0 494
Subtotal 494 0 494
Meridian High School 460 50 510
Subtotal 460 50 510
Total K-12 1,498 250 1,748
Source: Meridian School District No. 505 Capital Facilities Plan 2009-2015, Adopted June, 2009, and personal communication
Timothy Yeomans, Meridian School District (July 30, 2009).
7
362
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Mount Baker School District
The Mount Baker School District serves the Columbia Valley UGA and rural areas in eastern
Whatcom County. The current enrollment capacity and inventory of facilities is shown in
'fable 58 below.
Table 58. Mount Baker School District Current Enrollment Capacity
School
Pprmananf EnFollmen
Dn.+ahle r.,...n...e.,+
Total Enrollment
Capacity
Capacity
Capacity
d
Acme
206
66
274 272
Harmony
300
44
407 244
Kendall
41-2
4M
574 586
Subtotal
a"
28S
1,255 4�Ad
A t d�,4yuw 1Fyhr''�grrs yC+Y��
Jun'llhdY V' 94�f�
- -�
.% -} a., `m
�`$��'ff�ta(^g�%3 ��y�����x
!"Y iA Dr Ypb it'd' ^,rd V F .0 .z _
,Z ,h at'�X�S, FYke
Mount Baker
275
0
428 275
Subtotal
275
9
428 275
t.'A �lyysj(r lqq7 3 y f,,yy Y4� Yy if {y1 k�L / S) r t1t is
Jbfur YJt�t h3.v 9��Y `�5 �3i`a��f}� t AYr`�'�'� S YT# {N`fY S
Mount Baker
4,1-75
0
944 4-,4-7-5
Subtotal
11-175
9
944 1,175
Total K-12
2,M
266
2,627 2,654
Source: Mount Baker School District Six- `ar Capital Facilities Plan (May 2013I ebraaga20%) and personal GornrnuniGatiOR,
Jim-F . 'Total Enrollment Capacity" does not include portables.
a
363
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Nooksack Valley School District
The Nooksack Valley School District encompasses the cities of Everson, Nooksack, Sumas, and
their associated UGAs, as well as surrounding rural areas. The school district's most recent
inventory and enrollment capacity can be found in Table 59 below.
Table 59. Nooksack Valley District School District Current Enrollment Capacity
School
Current Enrollment Capacity
Elegy intary +
�`�jwsa �'��
Sumas
320
Nooksack
360
Everson
300
Subtotal
980
Nooksack Valley Middle School
762
Subtotal
762
Nooksack Valley High
960
Subtotal
960
Total K-12
2,702
Note: Capacity figures based on ratio of 20 students per room (K-3), 25 students per room (4-6), 30 students per room (7-12),
and 12 handicapped students per room (K-12).
Source: Cities of Everson, Nooksack, and Sumas Comprehensive Plan Capital Facilities Element
Level of Service Capacity Analysis
An LOS capacity analysis was applied to each County school district based on a student to
household ratio that was developed by comparing 2005 Office of Superintendent of Public
Instruction enrollment numbers to 2005 estimates of households by school district. The results,
expressed in the number of students a school is able to accommodate based on the enrollment
capacity inventories noted above are shown in Table 60 and 61 below. Where numbers are
shown as positive, a school district is projected to have a net reserve of school capacity in terms
of the number of students it can accommodate in existing classroom space. Where numbers are
shown in the negative, a school district is projected to have a deficit of school capacity in terms of
the number of students it can accommodate in existing classroom space.
Enrollment projections are affected by demographic trends (i.e., aging population in many areas,
or larger college -age populations in others); and changing trends in alternative school methods
including but not limited to home schooling, Running Start program, and online schooling. In
order to provide a projection extending to the 2029 time frame, Whatcom County has utilized a
straight-line method of projecting forward existing student to household ratios which are more
Exhibit E — 20-Year CFP Amendments (Schools)
Planning Commission Recommendation — September 26, 2013
likely to provide larger enrollment projections into the future since they do not take into account
the factors mentioned above. For example, the 2015 LOS analysis in Table 60 below is
predicated on an assumption of increased enrollment in all school districts shown. However, in
comparison, the Office of the Superintendent of Public Instruction (OSPI) six year projections to
2014 indicate that the Bellingham, Ferndale, and Mount Baker school districts should all expect
some decrease in enrollment over that time period (OSPI web site: http://www.kl2.wa.us/
SchFacilities/Programs/EnrollmentProjections.aspx; accessed on July 29, 2009).
The 2015 LOS analysis shows that Bellingham, Blaine and Lynden school districts experience
net capacity deficits within the 2015 timeframe Although Bellingham School District shows a
net student capacity deficit in 2015, it should be noted that OSPI projects Bellingham's student
enrollment to actually decline between 2009 and 2014, rather than increase (OSPI website, July
2009). The Blaine School District shows a minor projected deficit in 2015 of three students.
School Districts can address any deficiencies that they have by providing additional capacity
projects, as noted in the next section, by adding temporary classroom spaces (e.g. portable
classrooms), or by increasing the number of students accommodated in a classroom (adjusting
LOS standards).
Table 60. Whatcom County School District 2015 Level of Service Analysis: Student
Capacity
School District
Student/ Household Ratio
2015 School Facility LOS (Students)
Bellingham 2
0.263
(134)
Blaine3
0.372
(3)--
Ferndale
0.528
181
Lynden 4
0.466
(491)
Meridian 5
0.565
515
Mount Baker
0.3220.312
790447-
Nooksack Valley
0.567
888
1 LOS analysis compares the student capacity of school districts to projected enrollment. Where information is available, it
includes portable facilities.
2 The LOS analysis for Bellingham School District accounts for the additional 450 student capacity over existing inventory that
are included in the district's 6-year capital facilities plan (Bellingham School District, 2009).
3 The LOS analysis for Blaine School District accounts for the addition of 180 student capacity resulting from upgrades to the
high school building (personal communication, Jim Kenoyer, Blaine School District, August 5, 2009).
4 The LOS analysis for Lynden School District accounts for the additional 396 student capacity over existing inventory that are
included in the district's 6-year capital facilities plan (Lynden School District).
5 The LOS analysis for the Meridian School District accounts for the additional 324 permanent student capacity over existing
inventory that are included in the district's 6-year capital facilities plan (Meridian School District, 2009), as well as 400
student capacity in the form of portables (personal communication, Timothy Yeomans, Meridian School District, July 20,
2009).
Source. I
Table 61 below shows school district LOS capacity in 2029. As can be seen by this analysis,
deficits are experienced in the same three school districts by 2029, only the deficits are larger.
School districts can address deficiencies through additional capacity projects during the planning
365
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
period, by adding temporary classroom spaces (e.g. portable classrooms), or by increasing the
number of students accommodated in a classroom (adjusting LOS standards).
Table 61. Whatcom County School District 2029 Level of Service Analysis: Student
Capacity 1
School District
Studentl Household Ratio
2029 School Facility LOS (Students)
Bellingham 2 -�
0.263
(2,037)
Blaine
0.372
(282)----_'--._-
Ferndale a
0.528
407
Lynden5
0.466
(853)
Meridians
0.565-_'--------.._---_----240
_----
Mount Baker
0.3220 312
5962-52
Nooksack Valley
0.567
434
1 LOS analysis compares the student capacity of school districts to projected enrollment. Where information is available, it
includes portable facilities.
2 The LOS analysis for Bellingham School District accounts for the additional 450 student capacity over existing inventory that
are included in the district's 6-year capital facilities plan (Bellingham School District, 2009).
3 The LOS analysis for Blaine School District accounts for the addition of 180 student capacity resulting from upgrades to the
high school building occurring in the six -year planning period, as well as the addition of 600 more student capacity arising
from a new elementary school planned for late in the 2029 planning period (personal communication, Jim Kenoyer, Blaine
School District, August 5, 2009).
4 The LOS analysis for Ferndale School District accounts for the additional 1,750 student capacity over existing inventory that
are included in the 7-20 year period in the district's 2005 Capital Facilities Plan (Ferndale School District, 2005). There are
no capacity projects identified in the 6-year planning period.
5 The LOS analysis for Lynden School District accounts for the additional 396 student capacity over existing inventory that are
included in the district's 6-year capital facilities plan (Lynden School District).
6 The LOS analysis for the Meridian School District accounts for the additional 324 permanent student capacity over existing
inventory that are included in the district's 6-year capital facilities plan (Meridian School District, 2009), as well as 400
student capacity in the form of portables (personal communication, Timothy Yeomans, Meridian School District, July 20,
2009).
Capital Projects and Funding
Table 62 below outlines the County school district projects planned in the 2010-2015 and the
longer term 2016-2029 timeframes. Several of the capital projects below add to individual school
district enrollment capacities and are accommodated in the LOS analysis above. However, detail
on the capacity increases available, particularly for the latter part of the planning period, is not
available from all school districts at this time.
• �; :.:�,
School Districts in Washington State fund capital improvements with both State and local dollars.
Local capital financing is usually achieved through two primary mechanisms. The first is an
excess property tax levy, in which residents of the school district vote to finance a capital bond
with an increase in property taxes. In this case, the annual bond cost is spread equally over the life
of the bond. Therefore, if property values increase over time the levy rate necessarily declines to
generate the same annual revenue.
11
366
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
The second financing tool is a school impact fee, which is designed to recover costs from new
development for the facility improvements necessary because of that development. This fee is
usually charged to new residential development based on the average students generated per
household.
Additional comments on the School Districts' Comprehensive Plans are discussed below:
■ Meridian School District - The District relies heavily on issuing bonds and receiving state
matches to fund capital projects. As of May 2006, the District total debt is $3.6 million, and it
has $28.5 million in additional borrowing capacity.
® Mt. Baker School District - The District relies on reserves, a levy, timber revenue and state
rg antsalmest epAire'• an voted"^^ to fund capital improvements. As of anua- 2005 the
District has $32.5 million in additio" wted debt bo tity, and $2.1 million in
non voted eapaeity.
® Lynden School District - The District is relying heavily on voted bonds and corresponding state
matches to fund its capital facilities.
® Ferndale School District - The school relies on bonds and state matches to fund capital
improvements, but would like to implement school impact fees.
■ Bellingham School District - Although the District mostly relies on secured local funding, it
does sometimes rely on voted bonds to supplement local funding.
Bellingham School District
According to the Bellingham School District No. 501 2009-2015 Capital Facilities Plan, new
growth over the next six years will create the need to complete one new elementary school. The
new elementary school is planned on Aldrich Road. This new elementary school is expected to
add 450 students to the district's permanent capacity. A 2006 Bond measure approved by the
district's voters provided funding for the new elementary school.
An extensive review of existing facilities will be conducted as part of any future bond issue.
During that process, the district will reevaluate enrollment projections and identify additional
capacity enhancement projects (Bellingham School District CFP, July 2009). In addition,
Bellingham School District staff reviewed preliminary population and student generation
information developed during the planning process. To accommodate a student population in the
range of 13,200 to 13,300, which is approximately the number of students associated with the
Bellingham population projection, the district estimated that it would need a total of two new
elementary schools in addition to the Aldrich Road elementary noted above; one new middle
school, and one new high school. The District further estimated that these capital improvements
would cost the district approximately $95 million in 2009 dollars (Personal communication, Ron
Cowan to Matt Aamot, May 15, 2009).
The District plans to rely less heavily on portable classrooms than it currently does. Therefore,
the additional schools noted in the long-range planning period are expected to accommodate most
of additional student capacity, although estimates of the amount of capacity provided by each
Is
367
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
facility are not currently available. The District will continue to actively monitor enrollment
projections and respond by programming additional projects as needed.
Blaine School District
The Blaine School District's December 2007 Study and Survey indicates that the city has plans to
purchase a school site in the Birch Bay area that will allow for future expansion of K-12
education facilities beyond the single 38-acre campus that the district owns in Blaine (Kenoyer
pers. comm.). The December 2007 Study and Survey also includes projects related to the
modernization and expansion of the existing high school (expected to add 23 general classrooms),
conversion of primary school playsheds to classrooms, elementary school additions, and gym
conversion and modernization for the Middle School. The District expects that improvements to
the high school will provide additional capacity of up to 180 students in the six -year planning
period (Kenoyer pers. comm., August 5, 2009). In addition, the District also has longer -term
plans for the construction of a new elementary school in the latter part of the District's 20-year
planning horizon that will provide capacity for an additional 600 students (Kenoyer pers. comm.,
August 5, 2009). The Study and Survey identifies projects and costs in the six year planning
period.
Ferndale School District
The Ferndale School District does not have any capacity projects identified within the 6-year
planning period. However, with portable capacity, the district expects to accommodate its 2015
student population. The Ferndale School District has plans to construct one elementary and one
high school during the 7-20 year planning period. These projects are expected add approximately
1,750 classroom capacity spaces and result in the projected enrollment capacity surplus identified
in Table 61.
Lynden School District
The Lynden School District has plans to construct one middle school during the planning period.
This project, which occurs in the six -year planning period, will add space for approximately 300
students to the district's enrollment capacity. In addition, the district's Six -Year Capital Facilities
Plan (June 2006) identifies an additional capacity of 60 students resulting from the Fisher
Elementary modernization project, and an additional 36 students resulting from the Isom
Elementary expansion project. Additional capacity for projects outside the six -year planning
period are not identified in the district's adopted Six -Year Capital Facilities Plan. However, the
district indicates that construction of a middle school to replace the current middle school, and
construction of an additional elementary school that could accommodate up to 400 additional
students are projects that the district is considering in the long-term (personal communication,
Rick Thompson, Lynden School District. July 30, 2009). The district is not planning to rely on
portable classroom capacity except for emergencies or to accommodate unexpected growth. The
district did note that current student enrollment projections for the district are lower than shown
in this Plan. However, the district will continue to monitor growth trends and respond to changes
in projections accordingly.
93
CM1
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Meridian School District
The Meridian School District plans to construct additions to two of its schools during the
planning period. The district divides its improvements into Phase 1 (completion in 2-7 years),
and Phase 2 (completion in 8 to 25 years). Planned additions in Phase 1 include construction of
instruction space at Meridian High School, and acquisition of land for a new elementary school.
Phase 1 also includes upgrades and modernizations to Meridian High School, Irene Reither
Primary School, and Ten Mile Creek. Phase 1 improvements are expected to provide additional
capacity for 144 elementary students and 180 additional high school students (Meridian School
District No. 505 Capital Facilities Plan 2009-2015, Adopted June 2009, page 7). The District
also plans to address additional student capacity needs in the six -year period through acquisition
of portables that could accommodate up to 400 additional students (personal communication,
Timothy Yeomans, Meridian School District, July 30, 2009). Phase 2 improvements, beyond the
six -year planning period include a remodel that includes additional classroom space at Meridian
Middle School, as well as construction of a new elementary school. Phase 2 also includes
upgrade and modernization projects. However, the district's 2009-2015 Capital Facilities Plan
does not identify the amount of capacity expected to be provided by these longer term projects.
The District will continue to actively monitor enrollment projections and respond by
programming additional projects as needed.
Mount Baker School District
The Mount Baker School District Capital Facilities Plan (May 2013) indicates that the District
has adequate classroom space to serve projected student enrollment through the entire 20-yea period (p. 12). While the District does not plan to add classroom space, it does plans to
invest in facilitv improvements. maintenance and technoloizv upgrades. The Mount Bake. Sehoo'
aehieve the enfollment surplus noted in Table 6 1. The distriet may have longer term eapaeity
Nooksack Valley School District
The Nooksack Valley School District is currently in the process of updating its 1998 Capital
Facilities Plan. The district has no plans for new schools or additional facility capacity at this
time. The district has not experienced increases in enrollment capacity in recent years, and the
district is currently in process of updating its CFP facilities plan for the first time since 1998. The
outcome of the current district planning effort may result in new capital projects which would
most likely be improvements to existing facilities in the latter part of the district's 6-year planning
period. The Whatcom County 2029 CFP projections will help inform the district's future capital
facility planning (Silvas pers. comm.).
94
K • e
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Table 62. School District Capital Projects
Project
2010
2011
2012
2013
2014 2015
2016-
Total
Costs]Revenue
2029
(thousands $)
Bellingham„B+;h�I
- i .v. ,;, fY.f 3. i,:t� t ti fc,Y_
.. i>.,. i,4 ,. ,,,,.,. t t':4 ,✓,.. - t... .;fF a r i} c °�a
.s�, �r 11 Ytg
Aldrich
Elementary
Cost
10,000
4,300
14,300
Revenue
10,000
4,300
14,300
Bonds
Portables
Cost
300
300
Revenue
300
300
Bonds
Impact fees
Future Elementary
Property
Purchase
Cost
1,500
1,500
Revenue
1,500
1,500
Bonds
'v r t &> >
r r t ,
u pit •
` i°% t �uv?�m
� Ei t'.: r (
� r�r¢.; i �
i�t Y
J' ° Gs`�t
30.000
High School
Modernization and
Expansion
Birch Bay
1,500
Primary/
Elementary
School Site
Campus Primary/
4,539
Elementary
School
Modernization and
Expansion
Stadium
3,961
Improvements
and Pipeline
Fields Restrooms
and Fields
Addition
t
Elementary #9 -
Site Acquisition
Cost
1,800
1,800
Revenue
1,800
1,800
15
370
Exhibit E-ZO-Year[rpAmendments (Schoo|d
Planning Commission Recommendation -SeptembcrZh, 2013
Costs/Revenue
2029
(thousands $)
Elementary #9
Construction
High School #2
New Construction
Pon S
New Middle
School
Construction
(Capacity Costs
New Middle
School
Construction
(without new
capacity costs)
Elementary
Classroom
additional and
related common
area improvement
at Irene
Reither/Ten Mile
Creek
State match,
bonds, mitigation/
impact fees
High School
Addition
State match,
bonds, mitigation/
impact fees
112
371
Exhibit E - 20-Year CFP Amendments (Schools)
Planning Commission Recommendation - September 26, 2013
Project 2010 2011 2012 2013 2014 2015 2016- Total
Costs/Revenue 2029
(thousands $)
Various Portables
Cost 75 75
Revenue 75 75
Bonds, mitigation/
impact fees
Facility
improvements,
maintenance and
technology
upgrades
Expand and
modpr-ni;Eo h4+
Balier-dun& ski
Expand and
..ealA.nize nn+
Rak.Ar-Jt+aiOF High
11000 1 11000 11,000
4,000 to 7,000 to
91000 12,000
No Projects
Currently
Identified 3
1 The Blaine School District does not have a CFP that identifies project costs and revenues. The district has a State Study
and Survey which is described in the narrative above. The State Study and Survey identifies projects and their costs in
summaryfashion. For that reason, project dollars are only shown in the total column.
2 The Mount Baker School District CFP indicates that the District plans to invest between $7 million and $12 million in capital
facility improvements, maintenance and technology projects from 2012-2022. The Mount Baker School District
Superintendent indicated on June 18, 2013 that approximately $1,000,000 of this amount would be invested each year from
2013-15.The pfej
shown in this table withoUt GOStS.
3 The Nooksack School District does not have a CFP. The district has hired someone to prepare a survey of facilities as of
July 2009. The district does not have any projects planned, except maintenance, in the foreseeable future. (Personal
communication email from Erin Osborn to Matt Aamot, July 14, 2009.)
17
372
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Exhibit F
Whatcom County 20-Year
Capital Facilities Plan
Amendments
(Fire Protection Provisions)
NOTE: For brevity and ease in viewing the proposed changes, portions of the Whatcom
County 20-Year Capital Facilities Plan that are not being modified by this ordinance are not
shown below. The text and maps that are not shown below are retained as previously
adopted.
373
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Amend the "Executive Summary" chapter of the Whatcom County 20-Year Capital Facilities
Plan (Whatcom County Comprehensive Plan Appendix E) as follows:
Fire Protection
Most fire districts in Whatcom County do not have their own adopted capital facility plans. In
some cases, districts have recently been reorganized or consolidated into fire protection
authorities. However, the cities of Bellingham and Lynden fire departments both have adopted
capital facilities plans, and North Whatcom Fire and Rescue, Fire District 7, Fire District 8 and
Fire District 14 have feeefAly adopted CFPs addressing their facility needs.
Whatcom County adopted a level of service standard in 2011 based upon response times and fire
ratings. There will necessarily be a transition period in which the County will work with the fire
districts to develop or amend CFPs in accordance with the new county -wide LOS standards. For
capital facility planning purposes, fire districts that have not yet developed or amended CFPs in
accordance with the County's adopted LOS standards are evaluated under a square feet per
emergency incident method of calculating LOS.
The square feet per emergency incident method is utilized for fire protection LOS analysis in this
CFP for fire districts that have not yet developed or updated their plans to address the county-
wide LOS standards adopted by the County in 2011. Based upon information provided by the
County Fire Marshal's Office, all four€rve fire districts serving urban areas that were evaluated
under the incident per square foot method are expecting to have a future deficit in capital facilities
by 2029. Most fire districts serving rural areas are also expected to have capital facility deficits
by 2029 based on this analysis. The exceptions are Fire District 18 and Fire District 5 both of
which show small facility surpluses in 2029.
The County adopted county -wide fire level of service standards based upon response times and
fire ratings in 2011. The Fire District 7, Fire District 8 and Fire District 14 CFPs were developed
to meet the new LOS standards. The County may incorporate by reference fire district CFPs as
they are adopted or amended in accordance with the new county -wide LOS standards. The
Capital Facilities Implementation section of this CFP identifies measures that service providers
without adopted or amended CFPs can take to address any identified deficiencies.
374
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Amend the "Fire Protection " chapter of the Whatcom County 20-Year Capital Facilities Plan
(Whatcom County Comprehensive Plan Appendix E) as follows:
The County is served by 15 different fire departments or districts, 13 of which serve
unincorporated portions of the County:
■ City of Bellingham ■ Fire District 7 ■ Fire District 17
■ City of Lynden ■ Fire District 8 ■ Fire District 18
■ Fire District 1 ■ Fire District 11 ■ Glacier Fire District 19
■ Fire District 4 ■ Fire District 14 ■ North Whatcom Fire and Rescue
(Fire District 21)
■ Fire District 5 ® Fire District 16 ■ South Whatcom Fire Authority
The cities of Bellingham and Lynden have their own fire departments. Fire District 7 serves the
City of Ferndale and the Cherry Point UGA. North Whatcom Fire and Rescue (Fire District 21)
serves the City of Blaine and the Birch Bay UGA. Fire District 14 serves the City of Sumas and
the Columbia Valley UGA. Fire District 1 serves the cities of Everson and Nooksack.
Each city and fire protection district is assigned a numeric fire protection rating (a Class 1 rating
is considered best) by the Washington Surveying and Ratings Bureau. Insurance companies fund
the Bureau to perform on -site inspections of fire districts to determine the rating. The Bureau
analyzes five areas: average response time, water supply, communication network, schedule of
fire inspections, and existing conditions of fire stations. Fire station evaluations focus on the age
of vehicles, amount of personnel training, and whether the facilities are staffed or not. Insurance
companies use the fire protection rating to help determine insurance rates on all fire insurance
policies. Quality of fire service can have a significant impact on fire insurance rates with the
greatest impact experienced by commercial occupancies.
In addition to fire protection services, the agencies listed here provide responses to medical
emergencies. In fact, EMS calls account for 75% of the responses by most fire protection
agencies.
A countywide 911 dispatch system is jointly operated by the City of Bellingham Fire and Police
Departments and administered by a countywide governmental board called "What -Comm
Administrative Board" (Boyd pers. comm.),
375
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Inventory of Current Facilities
Table 74 summarizes the capital facilities for each fire district. It also includes each district's fire
rating and service population. Unless otherwise stated, the 2008 population is based on estimates
prepared for the CFP update process.
Table 74. Fire Facilities Inventory
Fire Protection
Number
Fire Fire Units
EMS
Service Area
Serves UGA
Provider
of
Rating 1 2
Services
Population
(YIN)
Stations
(YIN)
(2008)
City of Bellingham
8 3
3 22
Y
78,500
Y
City of Lynden
1
5 6
Y
11,350
Y
North Whatcom Fire &
104
N/A
32
Y
28,246 5
Y
Rescue (District 21)
....... -
Fire District 1
2
--
8T 6
...
107
..... -. -..........
Y
....... ..... ............. ....-
8,460
---._...
Y
Fire District 4
3
6
13
Y
8,6008
Y
Fire District 5
2
6
6
Y
1,370
N
Fire District 7
6
6/5 9
24
Y
19,530
Y
Fire District 8
24
6-8A N/A
10 N/A
Y
6,240
Y
Fire District 11
1
8
5
Y
1,610
N
Fire District 14
3
6-1070
22
Y
9,830
Y
Fire District 16
3
N/A
N/A
Y
1,160
N
Fire District 17
2
6
8
Y
1,520
N T
Fire District 18
2
N/A
N/A
Y
2,460
N
Glacier Fire District 19 1 7 4 Y 1,630 N 11
South Whatcom Fire 6 N/A 12 26 Y 13,00013 Y
Authority
N/A = Not Available; Y/N = Yes or No
1 Fire rating is based upon the Washington Surveying and Ratings Bureau (WSRB). Insurance companies use the Bureau's ratings
to help determine insurance rates on all fire insurance policies.
2 Fire units include fire and/or emergency response units such as fire engines, water tenders, and medic units.
3 Two of the 8 stations are medic stations that serve unincorporated areas of the County, one serving northwest and the other north
and east of the Bellingham city limits. Station 1 also houses the countywide fire/EMS dispatch center. (Boyd, Bill, Fir e Chief,
Bellingham Fire Department, personal communication, April 14, 2009 email.)
4 Includes 3 career fire stations and 7 volunteer fire stations. Source: North Whatcom Fire and Rescue Capital Facilities Plan,
August 2009, Exhibit 1).
5 Source: North Whatcom Fire and Rescue Capital Facilities Plan, August 2009
6 This indicates a tanker rating, which means that the rating is achieved through additional water for fire flow provided from tanker
trucks (Personal email communication from Erin Osborn to Matt Aamot, July 14, 2009).
7 Per email communication from Erin Osborn to Matt Aamot (July 14, 2009), this figure includes 3 fire engines with 1,000 gallon water
tanks, 2 tanker trucks with 3,000 gallon capacity (water delivery at 1,000 gallons per minute), 3 aid cars, and 2 rescue boats.
8 Personal communication, Email from Bill McLaughlin to Matt Aamot, on February 25, 2009.
9 Fire rating for Cherry Point is 6 and fire rating for Ferndale is 5 (Personal communication between Gary Russell and Alex
Cleanthous, July 1, 2009)
10 The WSRB ratings vary within Fire District 14 from 6(in Sumas) to 10 (in outlying areas), depending on location and type of
structure.
11 Although Glacier Fire District 19 does not specifically serve the Columbia Valley UGA, it is part of a mutual aid agreement that
would provide back-up to Fire District 14 which does include the Columbia Valley UGA within its service area.
4
376
Exhibit F — 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation — September 26, 2013
12 At time of inventory, the South Whatcom Fire Authority has not received a rating for the whole agency. Agency was formed in
January 2009. Currently, Geneva and Sudden Valley communities are rated Class 5; Yew Street Road and Chuckanut Drive areas
are rated a Class 6; and the Lake Samish Area is rated Class 8.
13 Personal communication, Email from Bill Hewitt to Matt Aamot, on March 10, 2009.
Source: Individual district plans and district communications with County staff.
Level of Service Capacity Analysis
Methods that can be used to determine LOS for fire districts include square feet per emergency
incident, response time and fire ratings. Whatcom County adopted a LOS standard tied to
response time and fire ratings in 2011. Fire district capital facility plans submitted in 2011 or
later will be reviewed against the new county -wide LOS standards. For capital facility planning
purposes, a method that ties fire and EMS response incidents to projected population,
employment, and/or land use (square feet per incident) is being utilized for fire districts until they
develop new capital facility plans that meet the adopted County LOS standard.
Whatcom County will consider adoption of fire district capital facility plans by reference into the
Whatcom County Comprehensive Plan, as they are approved by the districts.
Square Feet per Incident
This Capital Facilities Plan will rely on analysis based on a square feet per incident for fire
districts that have not yet adopted or revised their capital facility plans to meet the County LOS
standard. The methodology in the plan is based upon review of records received from the
Whatcom County Fire Marshal's Office for Fire Districts. These records include 2008 existing
square feet of fire district facilities, and calls for fire and aid service for the years 2006-2008 were
used to provide average annual calls for service per district. This information and a LOS
methodology are outlined in Table 75 below.
A review of the Fire District LOS analysis provided in Table 76a below indicates that all districts
serving urban growth areas that were evaluated under the square feet per incident method would
have a fire facility deficit by 2029, if new facilities were not added.
377
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Table 75. Level of Service Standard for Fire Districts: Square Feet per Incident
Fire District
Total Facility Size (2008)
Average Annual Calls For
Square Feet Per Incident
(Square Feet)
Fire and Aid Service
(2006-2008)
3 5
NCI,
btsras serving GGAattd Rural Areas,-4-14
pa
Fire District 1
17,008
682.3
24.93
Fire District 4
25,314
531.3
47.64
Fire Dist
28,469
1,025.3
27.76
North Whatcom Fire and
72,422
2,362.3
30.66'
Rescue
South Whatcom Fire
35,418
734
48.25
Authority
sy V•»ftt,�ti ,'
Itstr�t+i�ng onlyRii�ii
41y4�jn✓ t`"�^i k4i b�,;.ts '%s CY
}y4• ;� ,t°s4�^�tf��
E qC `V s1 �1t rib n
�„si,;r,y�'��;
's.4sY.4st! tA�
°., %R%!, 9?n4„ f
t iYiU➢C: a}$>~tr: �4pr ,r,z,9.s ,Yrtsks+.f
f �
Fire District 5
8,250
134.0
61.57
Fire District 11
4,200
60.67
69.23
Fire District 16
9,100
121.3
75.0
Fire District 17
6,892
89.7
76.86
Fire District 18
5,400
118.7
45.51
Fire District 19
3,600
84.0
42.86
North Whatcom Fire and Rescue prepared a draft Capital Facilities Plan (undated) that was reviewed and evaluated as part
of the preparation of the Capital Facilities Plan. This undated version of the District's draft CFP included a square foot per
incident measurement as one of many factors reviewed in evaluating the District's ability to respond to emergency incidents,
whether fire or medical (Square feet per incident for North Whatcom Fire and Rescue was listed as 35.64 in the undated
draft). Since that time, North Whatcom Fire and Rescue has prepared and adopted an updated Capital Facilities Plan (dated
August 15, 2009) which does not utilize a square footage per incident analysis. The updated methodology relies on
response time and fire station geographic coverage to arrive at a number of stations and apparatus needed to maintain
recent ratios to existing development. Most fire districts in Whatcom County do not currently have this information. For this
reason, and to ensure consistency of analysis, the North Whatcom Fire and Rescue Square Feet per Incident in Table 75
utilizes the information obtained from the Whatcom County Fire Marshal's Office.
Source: Whatcom County Fire Marshal's Office, Warner Webb, email to Matt Aamot, April 23, 2009.
Table 76a indicates that all fire districts serving urban growth areas that were evaluated under the
square feet per incident method are projected to experience deficits in 2029. With the exception
of Fire District 4, all fire districts serving urban areas also have higher fire facility deficits than
their rural counterparts in 2029. All rural fire districts, with the exception of Fire Districts 5, and
18 are expected to have facility deficits in 2029. All fire districts can reduce these anticipated fire
facility deficits with capital facility projects that maintain or replace facilities and equipment in
the 2009-2029 planning period.
Whatcom County adopted the following level of service standards in 2011:
Urban levels of service for fire protection shall be a response time of 8 minutes 80% of
the time when the department covering the urban area has staffed the fire station. When
378
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
the fire station is not staffed the response time shall be 10 minutes 80% of the time, or a
WSRB Rating of a 6.
Rural levels of service for fire protection shall be a response time of 12 minutes 80% of
the time when the department covering the ruraltir-b area has staffed the fire station.
When the fire station is not staffed the response time shall be 14 minutes 80% of the time,
or a WSRB Rating of an 8.
Staffed stations shall be a fire station that is staffed 24 hours a day 7 days a week 365
days a year. Staff may be paid, volunteer, or combination of the two.
There will necessarily be a transition period in which the County will work with fire districts to
develop capital facility plans that meet the adopted LOS standards. Fire district capital facility
plans that have been developed utilizing the County LOS are shown in Table 76b below.
Table 76a. Fire District Level of Service Analysis -Square Feet Per Incident'
Annual
Average
2029 Projected
Calls For
Facility
Fire and Aid Total Facility Size
Level of Service Reservel(Deficit)
Service Incidents per (2008)
Square Feet Per Expressed in Square
Fire District (2006-2008) capita (2008) (Square Feet)
Incident Feet of Facilities
Fire District 1 682.3 0.08 17,008 24.93
(4,952)
Fire District 4 4 531.3 0.05 25,314 47.64
(2,428)
Fire_D'St1Oc+r;nt 8 1,025.3 047- 28,460 27..-76
(8,421)
North Whatcom 2,362.3 0.102 72,422 30.66 s
(37,498)
Fire and
Rescue
South Whatcom 734 0.05 35,418 48.25
(3,308)
Fire Authority 4
�{"�rtit� �r� ya�<ngs4�
strlct�sserviritl}��latA>teassit 4n�
Fire District 5 134.0 0.07 8,250 61.57
549
Fire District 11 60.67 0.04 4,200 69.23
(1,164)
Fire District 16 121.3 0.12 9,100 75.0
(1,853)
Fire District 17 89.7 0.06 6,892 76.86
(2,865)
Fire District 18 118.7 0.05 5,400 45.51
85
Fire District 19 84.0 0.05 3,600 42.86
(380)
1 Fire districts that have not developed capital facility plans that incorporate the county -wide level of service standard
for fire
protection, adopted in 2011, are included in Table 76a. The steps used to calculate the results are as follows:
a) Determine incidents per capita: Average calls for service 2006-2008 supplied by Whatcom County Fire Marshal / 2008
estimated population (Draft Environmental Impact Statement, 10-Year Urban Growth Area Review, May
2009,
Appendix D)
b) Determine square feet per incident: Current square footage of fire stations supplied by Whatcom County Fire Marshal /
Average calls for service 2006-2008
c) Calculate 2029 incidents: Future 2029 population of each district (Appendix D) x incidents per capita
d) Calculate square footage required: 2029 estimated incidents x Square feet per incident
7
379
Exhibit F — 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation — September 26, 2013
e) Compare to square footage available: 2008 inventory of fire station square footage supplied by Whatcom County Fire
Marshal
f) Calculate Reserve (Deficit): Square footage available — square footage required
2 The district's own population estimate of 2008 population (28,246) is higher and was developed based on 2000 U.S. Census
calculation of district population plus the City of Blaine, which annexed to the district in 2004 (District Plan, p. 3). Population
estimates prepared for the CFP analysis indicate a lower population including Blaine of 23,570, If assuming the higher
population, the incident per capita would be 0.08. For a conservative analysis the higher 0.10 rate was applied to the future
growth numbers. If using the Districts 2008 population as a base and the net increase of each alternative, the results would be
15% lower than the square footage estimates above.
3 North Whatcom Fire and Rescue prepared a draft Capital Facilities Plan (undated) that was reviewed and evaluated as part of
the preparation of the Capital Facilities Plan. This undated version of the District's draft CFP included a square foot per
incident measurement as one of many factors reviewed in evaluating the District's ability to respond to emergency incidents,
whether fire or medical (Square feet per incident for North Whatcom Fire and Rescue was listed as 35.64 in the undated draft).
Since that time, North Whatcom Fire and Rescue has prepared and adopted an updated Capital Facilities Plan (dated August
15, 2009) which does not utilize a square footage per incident analysis. The updated methodology relies on response time and
fire station geographic coverage to arrive at a number of stations and apparatus needed to maintain recent ratios to existing
development. Most fire districts in Whatcom County do not currently have this information. For this reason, and to ensure
consistency of analysis, the North Whatcom Fire and Rescue Square Feet Per Incident in Tables 75 and 76 utilizes the
information obtained from the Whatcom County Fire Marshal's Office.
4 If using these Districts own 2008 population estimates, the incidents per capita would be higher (incidents per capita divided by
smaller population). The facility deficits would be approximately 16% higher for Fire District and 6% higher for the South
Whatcom Fire Authority. .
Source: ICF Jones & Stokes, Berk & Associates, and Whatcom County Fire Marshal's Office (2008).
Table 76b. Fire District Level of Service Analysis — Response Time/Fire Rating'
WSRB Rating
Response Time
Meets
Fire District
Standard
Standard
Adopted LOS?
4 ..
Districts serVnngtl�t
1k{Y
Rural
L rr
Fire District 7
6 for the
8 minutes 80% of
YeS2
Cherry Point UGA
the time for the
Ferndale UGA
Fire District 8
8 minutes 80% of
Yes3
the time for the
Bellingham UGA
and 12 minutes
80% of the time for
rural areas
Fire District 14
6 for UGAs and
10 minutes 80% of
Yes443
8 for rural areas
the time for the
Columbia Valley &
Sumas UGAs and
14 minutes 80% of
the time for rural
areas
1 Fire districts that have developed capital facility plans that incorporate the county -wide level of service for fire protection,
adopted in May 2011, are included in Table 76b.
2 Table 74 and Whatcom County Fire District No. 7 Capital Facility Plan 2011-2029.
3 LOS will be met with planned improvements set forth in the Fire District # 8 Capital Facilities Plan (2013).
43 Table 74 and Whatcom County Fires District #14 Capital Facilities Plan (2012)
M
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Capital Projects and Funding
Capital Project Funding
City Fire Departments and Regional Fire Districts usually fiend needed capital improvements
through a combination of revenue sources. These can include General Fund revenues, excess
property tax levies, sales taxes, capital bonds, fire benefit charges, and fire impact fees.
The State of Washington authorizes cities and regional fire districts to levy both "regular" and
"special" property taxes to support their operational and capital needs. As part of the regular
property tax levy, a fire service provider is authorized to levy a property tax at a total maximum
rate of $1.50 per $1,000 of assessed value. However, the total maximum aggregate "regular"
property tax levy by all taxing agencies in an area may not exceed $5.60.Occasionally, all local
levies will total more than this limit. In this case, "junior" taxing districts, including fire districts,
must follow state statute to lower their levy rate so that the total aggregate rate does not exceed
the statutory limit. Fire districts may also pass "special" property tax levies for short-term periods
without a statutory maximum levy limit.
An Emergency Medical Service property tax may be levied at a total maximum rate of $0.50 per
$1,000 of assessed value. This levy must pass by at least 60% of the vote and must be renewed
every six years. .
Fire impact fees may be collected on new residential and commercial development to fund
facility improvements necessary to serve that development. Additional comments on capital
funding strategies of note are discussed below:
■ Bellingham Fire Department — The Bellingham Fire Department receives capital dollars from
the Medic One Fund, which is funded by a 1 % sales tax that can be used for operations or
capital; from the first 0.25% of Real Estate Excise Taxes, and from general fund revenues.
■ Lynden Fire Department — The City of Lynden Fire Department receives capital funding from
the general fund and from impact fees. Impact fees for the fire department are project driven,
and are expected to pay a set portion of the costs of needed expansion due to growth.
Capital Projects
Capital projects for the Bellingham Fire Department, Lynden Fire Department, North Whatcom
Fire and Rescue (which serves the Birch Bay and Blaine UGAs), Fire District 7, Fire District 8
and Fire District 14 are provided below. The following fire districts do not have approved capital
facility plans:
■ Fire District 1 (serving the Everson and Nooksack UGAs).
As these districts approve capital facility plans, they will be incorporated by reference into the
Whatcom County Comprehensive Plan.
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Table 77. Fire District/Department Capital Projects 1
Project
Costs/Revenue
(thousands $)+�.y{
2010
2011
2012
2013
2014
2015
2016•
2029
Total
Boat House
Cost
150
150
Revenue
REET (1st Quarter)
150
150
Classroom/Office
Cost
1,000
1,000
Revenue
REET (1st Quarter)
1,000
1,000
Broadway Fire
Station Upstairs
Carpet
Cost
9
9
Revenue
REET (1st Quarter)
9
9
Cardiac Monitor/
Defibrilator
Cost
24
24
Revenue
Medic 1 Fund
24
24
Field Computers
Cost
11
12
23
Revenue
Medic 1 Fund
11
12
23
Medic Unit
Cost
158
158
Revenue
Medic 1 Fund
158
158
Rechassis Medic
Unit
Cost
111
111
Revenue
Medic 1 Fund
111
111
Thermal Imaging
Camera
Cost
12
12
24
Revenue
General Fund
12
12
24
Im
CIE
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
5 .�
Ladder Truck
Purchase
Cost
950
950
Fire Station
Remodel -
Sleeper
Cost
380
380
New Ambulance
Cost
130
130
New Pumper
Truck
Cost 600
600
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3- 1% 4 7
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New Station A
with engine and
aid vehicle
(location TBD, but
likely northwest
area of district)
Cost
5,723.1
New Station B
with engine and
aid vehicle
(location TBD)
Cost
5,723.1
Station 62 Seismic
Upgrade
Cost
376.2
Station 63 Seismic
Upgrade
Cost
340
Station 63
Exhaust system
Cost
140
Station 64 Exterior
Skin Replacement
Cost
117.5
Station 64 Reroof
Cost
87.5
383
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project
2010
2011
2012
2013
2014
2015
2016-
Total
Costs/Revenue
2029
(thousands $)
Station 64 Seismic
Upgrade
Cost
218.7
Station 65 Seismic
Upgrade
Cost
227.5
Station 65 Exterior
Skin Replacement
Cost
121.8
Station 68 Seismic
Upgrade
Cost
223.8
Station 68 Site
Paving Overlay
Cost
97.5
Station 69 Seismic
Upgrade
Cost
279.9
Station 69 Site
Paving Overlay
Cost
126.2
Station 70 Seismic
Upgrade
Cost
226.2
Station 71 Seismic
Upgrade
Cost
426.8
Station 71
Exhaust System
Cost
70
Station 72 Seismic
Upgrade
Cost
285.7
New Maintenance
Vehicle
Cost
40
40
Reserves
40
40
12
Cr:I,
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project
Costs/Revenue
(thousands $)
2010
2011
2012
2013
2014
2015
2016-
2029
Total
New Medic Unit
Cost
150
150
Reserves
150
150
New Tender
Cost
320
320
Reserves
320
320
Finalize Short Plat
Cost
35
35
Property Tax
Funds
35
35
Station 43 -
Carpet & Repairs
Cost
50
50
Reserves
50
50
Station 45 - New
Water Service
Cost
25
25
Property Tax
Funds
25
25
New Staff Vehicle
Cost
40
40
Reserves
40
40
Refurbish Medic
Unit
Cost
75
75
Reserves
75
75
Station 42 -
Remodel
Cost
1,500
1,500
Voted Bond Issue
or impact fees
1,500
1,500
New Staff Vehicle
Cost
40
40
Property Tax
Funds
40
40
New Engine Unit
1E
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project
Costs/Revenue
(thousands $)
2010
2011
2012
2013
2014
2015
2016- Total
2029
Cost
375
375
Reserves
375
375
Replace Two
Engines
Cost
900
900
Reserves
900
900
Station 44 -
Improvements
Cost
300
300
Reserves
300
300
Station 2 - Fiber
Connection
Cost
30
30
Reserves
30
30
Station 42 -
Remodel
Cost
108
108
Reserves
108
108
Station 44 - Fiber
Connection
Cost
35
35
Station 43 -
Improvements
Cost
77
77
New Ambulance
Unit
Cost
165
165
Data Terminals for
Apparatus and
Stations
Cost
90
90
Department
Training Center
Cost
2,000
2,000
Station 45 -
Improvements
Cost
245
245
Station 46 -
14
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project 2010 2011 2012 2013 2014 2015 2016- Total
Costs/Revenue 2029
(thousands $)
Improvements
Cost 75 75
Station 41 -
Support Facility
Cost 500 500
Sumas Land
Payment
Cost
13.2
13.2
13.2
13.2
184.8
237.6
Replace Tender
93
Cost
200
200
Replace
Command Vehicle
Cost
20
20
Replace
Ambulance
Cost
125
125
New Command
Vehicle
Cost
45
45
Columbia Valley
Station
Cost
945
945
Equipment
Cost
11.5
11.5
New Fire Engine
Cost
450
450
New Ambulance
Cost
125
125
Air Station
Cost
40
40
Kendall Station
Addition
Cost
380,475
380,475
Replace
Ambulance
15
387
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
Project
Costs/Revenue
(thousands $)
2010
2011
2012
2013
2014
2015
2016-
2029
Total
Cost
125
125
Replace
Command Vehicle
Cost
45
45
Replace Fire
Engine
Cost
250
250
Replace Tender
Cost
300
300
Refurbish Fire
Engine
Cost
50
50
Sumas Station
Architectural &
Engineering costs
Cost
207
207
16
Exhibit F - 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation - September 26, 2013
NOTE: Fire District 8 Table below is entirely new text. Underlining has been omitted to make the table easier to read.
Fire, District 8 ..
Project Costs (thousand $) 2010 2011 2012 2013 2014 2015 2016-29 Total
Ambulance
150
150
Replacement
Fire Engine
500
500
Replacement
Utility Vehicle
50
50
Replacement
Station 31
3,525
3,525
Replacement
Ambulance
150
150
Replacement
Station34
444
444
Remodel
Command Vehicle
50
50
Replacement
Ambulance
150
150
Replacement
Command Vehicle
50
50
Replacement
New Kwina Station
2,675
2,675
& Apparatus
Utility Vehicle
50
50
Replacement
Ambulance
150
150
Replacement
Command Vehicle
50
50
Replacement
Fire Engine
500
500
Replacement
Fire Engine
500
500
Replacement
Command Vehicle
50
50
Replacement
Ambulance
150
150
Replacement
Ambulance
150
150
Replacement
Utility Vehicle
50
50
Replacement
17
Me
Exhibit F — 20-Year CFP Amendments (Fire Protection)
Planning Commission Recommendation — September 26, 2013
1 Specific revenue sources in Table 77 are only provided where identified within the service providers individual plans.
2 City of Bellingham 2008 Adopted Budget includes Fire Department projects through 2013, while the City of Bellingham
Comprehensive Plan Capital Facilities element (Chapter 5) only include fire department projects through 2011. Locations
are not provided for projects.
3 City of Lynden Fire Department 2009-2014 Capital Facilities Plan shows projects through 2014. Locations are not provided
for projects.
4 North Whatcom Fire and Rescue's August 15, 2009 Capital Facilities Plan identifies cost but does not identify year of
funding. Therefore, all project costs are noted only in the Total column. Locations are not provided for new stations, and
locations of projects at existing stations are associated with the station number per August 15, 2009 Capital Facilities Plan
(page 25).
Sources:
For Bellingham Fire: City of Bellingham, 2008 Adopted Budget, Capital Facilities Plan (page 408), and Bellingham
Comprehensive Plan, Capital Facilities (Chapter 5), page CF-75.
For Lynden Fire: City of Lynden 2008-2014 Fire Department Capital Facilities Plan
For North Whatcom Fire and Rescue: North Whatcom Fire and Rescue Capital Facilities Plan prepared by Henderson, Young &
Company, (August 15, 2009).
For Fire District 7: Whatcom County Fire District No. 7 Capital Facility Plan 2011-2029 (May 2011)
For Fire District 14: Whatcom County Fire District #14 Capital Facilities Plan (2012)
For Fire District 8: Whatcom County Fire District # 8 Capital Facilities Plan (2013)
1s
390
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 1
WHATCOM COUNTY
PLANNING COMMISSION
FINDINGS OF FACT AND REASONS FOR ACTION
1. The subject amendments to the Whatcom County Comprehensive Plan are as
follows:
a. Amending Whatcom County Comprehensive Plan Chapter 2 (Land Use) to
recognize that the Evergreen Water and Sewer District has changed its
name to the Columbia Valley Water District.
b. Amending Whatcom County Comprehensive Plan Chapter 4 (Capital
Facilities) to adopt the Columbia Valley Water District 2013 Water System
Plan Update, the Water District 13 Small Water System Plan and Mount
Baker School District Capital Facilities Plan by reference and making related
changes.
c. Amending the Foothills Subarea Plan to provide information relating to the
Columbia Valley Water District, Water District 13 and the Mount Baker
School District.
d. Amending the Whatcom County 20-Year Capital Facilities Plan to
incorporate information from the Columbia Valley Water District 2013 Water
System Plan Update, incorporate information from the Water District 13
Small Water System Plan and making related changes.
e. Amending the Whatcom County 20-Year Capital Facilities Plan to
incorporate information from the Mount Baker School District Capital
Facilities Plan and making related changes.
f. Amending the Whatcom County 20-Year Capital Facilities Plan to
incorporate information from the Fire District 8 Capital Facilities Plan and
making related changes.
2. Notice of the subject amendments was submitted to the Washington State
Department of Commerce on August 9, 2013.
3. A determination of non -significance was issued under the State Environmental
Policy Act (SEPA) on August 12, 2013.
4. Notice of the Planning Commission hearing was posted on the County website
on August 12, 2013.
1
391
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 2
5. Notice of the Planning Commission hearing was sent to the City of Bellingham,
special purpose districts, and citizen, media and other groups on the County's e-
mail list on September 5, 2013.
6. Notice of the Planning Commission hearing for the subject amendments was
published in the Bellingham Herald on September 13, 2013.
7. The Planning Commission held a public hearing on the subject amendments
on September 26, 2013.
8. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive
plan amendments the County must find all of the following:
a. The amendment conforms to the requirements of the Growth
Management Act, is internally consistent with the county -wide planning
policies and is consistent with any interlocal planning agreements.
b. Further studies made or accepted by the Department of Planning and
Development Services indicate changed conditions that show need for
the amendment.
c. The public interest will be served by approving the amendment. In
determining whether the public interest will be served, factors including
but not limited to the following shall be considered:
i. The anticipated effect upon the rate or distribution of population
growth, employment growth, development, and conversion of
land as envisioned in the comprehensive plan.
ii. The anticipated effect on the ability of the county and/or other
service providers, such as cities, schools, water and/or sewer
purveyors, fire districts, and others as applicable, to provide
adequate services and public facilities including transportation
facilities.
iii. Anticipated impact upon designated agricultural, forest and
mineral resource lands.
d. The amendment does not include or facilitate spot zoning.
e. Urban growth area amendments that propose the expansion of an
urban growth area boundary are required to acquire development
rights from a designated TDR sending area, with certain exceptions.
2
392
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 3
Growth Management Act
9. The Growth Management Act (GMA) establishes planning goals in RCW
36.70A.020 to guide adoption of comprehensive plan amendments.
10. 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" (RCW 36.70A.020(1)).
11. 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" (RCW 36.70A.020(12)).
12. The subject amendments include updating the Whatcom County
Comprehensive Plan to incorporate the Columbia Valley Water District 2013
Water System Plan Update and the Water District 13 Small Water System
Plan (2012). These districts serve the Columbia Valley UGA and surrounding
areas.
13. The subject amendments include updating the Whatcom County
Comprehensive Plan to incorporate the Mount Baker School District Capital
Facility Plan (2013). The District serves the Columbia Valley UGA, Acme,
Deming, Kendall, Maple Falls, Glacier and surrounding areas.
14. The subject amendments include updating the Whatcom County
Comprehensive Plan to incorporate information from the Fire District 8 Capital
Facilities Plan (2013). The District serves the western portion of the
Bellingham UGA, including the Bellingham International Airport, a portion of
the Lummi Reservation, and surrounding areas.
15. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must
include a capital facilities plan element consisting of:
a. An inventory of existing capital facilities owned by public entities,
showing the locations and capacities of the capital facilities.
b. A forecast of the future needs for such capital facilities.
c. The proposed locations and capacities of expanded or new capital
facilities.
d. At least a six -year plan that will finance such capital facilities within
projected funding capacities and clearly identifies sources of public
money for such purposes.
3
393
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 4
e. A requirement to reassess the land use element if probable funding
falls short of meeting existing needs and to ensure that the land use
element, capital facilities plan element, and financing plan within the
capital facilities plan element are coordinated and consistent.
16. The capital facilities plans generally contain inventories, forecasts of future
needs, proposed capital facilities, and financing plans.
County -Wide Planning Policies
17. 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 . . ."
18. The Columbia Valley UGA is not associated with a city.
19. The Columbia Valley Water District and Water District 13 are generally
planning capital improvements to serve the portions of the Columbia Valley
UGA within their respective service areas.
20. The Mount Baker School District Capital Facilities Plan projects that the
schools serving the Columbia Valley UGA (Kendall Elementary, the Junior High
School and the High School) will have adequate capacity over the planning
period.
Interlocal Agreements
21. An Interlocal Agreement between Whatcom County and Columbia Valley
Water District was signed in 2010.
22. An Interlocal Agreement between the City of Bellingham and Whatcom
County concerning Planning, Annexation and Development within the
Bellingham UGA was signed in 2012.
23. An Interlocal Agreement between Fire District 8 and the City of Bellingham for
the provision of administrative services was signed in 2013.
24. There are no provisions in the Whatcom County Comprehensive Plan
amendments that are inconsistent with these interlocal agreements.
Further Studies/Changed Conditions
25. The Columbia Valley Water District and Water District 13 have studied
facilities needed to serve existing and planned development and formulated
new water system plans.
C•.
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 5
26. The Mount Baker School District has studied facilities needed to serve existing
and planned development and formulated a new capital facilities plan.
27. Fire District 8 has studied facilities needed to serve existing and planned
development and formulated a new capital facilities plan.
28. Further study and formulation of plans by the Columbia Valley Water District,
Water District 13, Mount Baker School District and Fire District 8 constitute
changed conditions that warrant amendments to the Whatcom County
Comprehensive Plan.
Public Interest
29. The comprehensive plan amendments will serve the public interest by
adopting new or updated water, school and fire protection capital facility plans
to serve planned growth in Whatcom County. These special purpose district
plans will serve planned land uses, will enhance provision of public facilities
and services, and will not harm resource lands.
Spot Zoning
30. The subject proposal does not involve rezoning property.
CONCLUSIONS
The subject comprehensive plan amendments are consistent with the approval
criteria of WCC 2.160.080.
5
395
File # PLN2013-00001 September 26, 2013
Capital Facility Planning — Special Purpose Districts Planning Commission Recommendations, Page 6
RECOMMENDATION
Based upon the above findings and conclusions, the Whatcom County Planning
Commission recommends approval of the following:
1. Exhibit A, amendments to Whatcom County Comprehensive Plan Chapter 2
(Land Use).
2. Exhibit B, amendments to Whatcom County Comprehensive Plan Chapter 4
(Capital Facilities).
3. Exhibit C, amendments to the Foothills Subarea Plan.
4. Exhibit D, amendments to the water system provisions of the Whatcom
County 20-Year Capital Facilities Plan.
5. Exhibit E, amendments to the school provisions of the Whatcom County 20-
Year Capital Facilities Plan.
6. Exhibit F, amendments to the fire protection provisions of the Whatcom
County 20-Year Capital Facilities Plan.
WHATCOM COUNTY PLANNING COMMISSION
Michelle Luke, Chair
(9(�A 'b� , '�o 15
Date
Sam Ryan, Secretary
Date
Commissioners present at the September 26, 2013 meeting when the vote was taken:
Ken Bell, Ben Elenbaas, Gary Honcoop, Michelle Luke, David Onkels, Mary Beth Teigrob
and Gerald Vekved.
Vote: Ayes: 7, Nays: 0, Abstain: 0, Absent: 2. Motion carried to adopt the
above amendments.
396
NOTE:
Exhibits A-F, which were recommended by the Planning
Commission, are attached to the proposed Ordinance to be
considered by the County Council in order to avoid redundancy.
397
DIRAFF
RECORD OF PROCEEDINGS OF THE 1
WHATCOM COUNTY PLANNING COMMISSION
September 26, 2013
Regular Meeting
1 Call To Order: The meeting was called to order, by Whatcom County Planning
2 Commission Chair, Michelle Luke, in the Whatcom County Council Chambers at 6:30 p.m.
3
4 Roll Call
5 Present: Michelle Luke, Ben Elenbaas, Jerry Vekved, Gary Honcoop, David Onkels, Mary
6 Beth Teigrob, Ken Bell
7 Absent: Jeff Rainey, Rod Erickson
8
9 Staff Present: Mark Personius, Matt Aamot, Becky Boxx
10
11 Department Update
12
13 Mark updated the Commission on the following:
14 • Review of items before the County Council.
15 • Upcoming commission schedule.
16
17 Open Session for Public Comment
18
19 Matt Paskus, Whatcom County: Addressed airport planning. In 2004 the Planning
20 Commission reviewed airport zoning. The 2004 forecast was for passenger traffic to be at
21 275,000 by 2050. This was surpassed by 2009. There are impacts to this issue. Also,
22 there was a one mile radius put around the runway which people have to disclose to
23 future buyers. There is a report recommending this radius be two miles. Having a larger
24 radius devalues home prices in the area. This needs to be kept in mind when the plan is
25 reviewed in the future.
26
27 Commissioner Comments
28
29 There were no commissioner comments.
30
31 Public Hearing
32
33 File #PI-N2013-00001: Amendments to the Whatcom County Comprehensive Plan and
34 Foothills Subarea Plan relating to special purpose districts and capital facility planning.
35 Amendments include adopting by reference or incorporating information from the
36 Columbia Valley Water District, Water District 13, Mount Baker School District and Fire
37 District 8 plans into the Whatcom County Comprehensive Plan and making related
38 changes.
39
40 Matt Aamot presented the staff report and a power point presentation.
41
42 Growth Management Act (GMA) Goal 12 state counties must ensure that "those public
43 facilities and services necessary to support development shall be adequate to serve that
44 development". The first step in doing this is formulating capital facility plans.
45
46 The GMA Capital Facility Element states: There is to be an inventory of existing capital
47 facilities, a forecast of future needs, proposed new or expanded facilities and a financing
48 plan.
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DRAFTWHATCOM COUNTY PLANNING COMMISSION RECORD OF PROCEEDINGS OF THE
September 26, 2013
Reqular Meetinq
There is a goal in the County Comprehensive Plan, 4H, which addresses working with
special purpose districts, such as schools, fire districts and water districts to ensure
coordination between the land use element and the capital facility element.
The first plan for consideration is the Columbia Valley Water District Plan. This plan was
updated in 2013. Maps were shown showing the boundaries of the Columbia Valley UGA
and the water district. Most of the UGA is zoned Urban Residential 4 units per acre (UR4).
In 2009 an area was zoned General Commercial (GC). There is also land, north of
Limestone Road, which is planned for future Light Impact Industrial (LII) uses. The district
serves approximately 1,000 homes and over 300 recreational lots. Their future service
area includes the planned LII area. The district's 2004 plan documented very high water
loss problems which they have worked hard to reduce by replacing leaking water lines and
installing meters. The current average loss is about 16%. They have a target of reducing
this to 10% by 2016 and to 5% by 2030.
The next plan for consideration is the Water District 13 Plan. They also serve the Columbia
Valley and adjacent areas. Their plan was updated in 2012. Maps were shown showing the
Columbia Valley UGA boundary and the water district boundary. They serve about 400
homes. They have quite a bit of undeveloped land in their service area.
Next, is the Mount Baker School District Plan. It was adopted in 2013. The district covers
approximately 661 square miles. School enrollment has declined while population has
increased. This may be occurring because of aging baby boomers, homeschooling,
Running Start, online schooling, etc. In their previous plan they stated a need for an
additional elementary school. They now have excess capacity in their existing school. The
improvements they are planning are improvements to existing facilities and energy
upgrades. They are not planning any additional classroom space at this time.
Next, is the Whatcom County Fire District #8 Plan. They serve the western portion of the
Bellingham UGA and Lummi Reservation area, as shown on a map. Their plan was
adopted in 2013. The district covers about 23 square miles. The Bellingham Fire District
provides administrative services to the district. The districts may consider merging in the
future. Their plan indicates two stations need to be replaced or remodeled and an
additional station is needed on Kwina Road.
Staff recommends approval of the amendments.
The hearing was opened to the public.
Lou Piotrowski, Whatcom County: He supports the Columbia Valley Water District Plan,
the Water District 13 Plan and the Mount Baker School District Plan. He is pleased to see
things are moving along so well.
Rebecca Boonstra, Whatcom County: Chair of the East Whatcom Community Council. She
agreed with the previous speaker in that she supports the plans and appreciates the work
being done in the Columbia Valley.
399
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48
RECORD OF PROCEEDINGS OF THE 3
00AFT WHATCOM COUNTY PLANNING COMMISSION
September 26, 2013
Regular Meeting
Jack Hovenier, Whatcom County: He owns a large amount of land in the Columbia Valley
and has been involved in the planning of the area. He is encouraged to see the amount of
effort that the county staff and districts have put forth in order to get the plans done. He
thanked the districts for their work. He supports the plans.
Charlie Burleigh, Whatcom County: Superintendent of the Mount Baker School District.
Thanked staff for their support and work on the plan. In the district the big issue is
maintenance. A levy has been approved for this work. The enrollment now seems to be
steady.
Commissioner Bell asked Mr. Burleigh if he knew some of the reasons for the past
decrease in enrollment.
Mr. Burleigh stated his thought was it could be the price of gas which changed the
demographics of the area.
Commissioner Bell asked if Mr. Burleigh saw a future increase in enrollment.
Mr. Burleigh stated if the employment issues are addressed there may be a change. He
also stated that in the early 2000's there was a large influx of Slavic families, some of
which have now moved from the area.
The hearing was closed to the public.
Work Session
Commissioner Onkels moved to recommend approval of Exhibits A — F and the
findings. Commissioner Teigrob seconded. Roll Call Vote: Ayes — Bell, Elenbaas,
Honcoop, Luke, Onkels, Teigrob, Vekved; Nays — 0; Abstain — 0; Absent —
Erickson, Rainey. The motion carried 7-0-0-2.
Town Hall meeting regarding population and employment projections associated with the
periodic update of the Whatcom County Comprehensive Plan and the urban growth area
review, which are both required by the Growth Management Act under RCW 36.70A.130.
The update must be completed by June 2016.
Matt Aamot gave a power point presentation.
Historical Growth: A chart was presented showing the total population of the county over
the last 33 years. In 1980 the population was approximately 107,000 and is now
approximately 206,000. The average annual growth has been about 3,000 people. Growth
fluctuates yearly due to the economy, etc. From 1980 to 2012 the natural population
increase has been 647 to 1,061 per year. Net migration has varied within a much larger
range. The low was 12 people in 1986 to the high in 2007 of 4,342. Almost three quarters
of the county growth has been due to in -migration. After 2015 the state is projecting that
net migration will rebound more closely to historic levels. As the baby boomers age the
natural increase will decline. The state is projecting it will go negative between 2035 and
2040.
W1
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2013-346
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
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10122113
Intro
Division Head:
11/12/13
Finance
Committee,
O 'C • T 2Yy 5'pe 13
Council
Dept. Head:
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TITLE OFDOC( : 2013 Supplemental Budget Request #13
ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests
SEPA review required? ( ) Yes ( X ) NO
Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? ( ) Yes (X ) NO
Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you
must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the
intent of the action.)
Supplemental #13 requests funding from the General Fund:
1. To appropriate $4,902,375 to fund State Street purchase and partially fund jail site purchase.
Road Fund:
2. To appropriate $6,750,000 to fund Road purchase and renovation of Civic Center Building.
3. To appropriate $550,000 to fund Road purchase of Central Shop land.
Jail Fund:
4. To appropriate $2,700,000 to fund transfer for new jail site acquisition
Public Utilities Improvement Fund:
5. To appropriate $1,250,000 to fund State Street building renovation.
Equipment Rental and Revolving Fund:
6. To record $575,000 income from sale of 316 Lottie Street to Administrative Services.
7. To appropriate $2,277,204 to fund transfers to refund equity to the Road Fund and the General Fund.
Administrative Services Fund:
8. To appropriate $575,000 to fund purchase of 316 Lottie Street.
9. To appropriate $20,000 to fund emergency repairs to Sun House for ADA access from grant proceeds.
COMMITTEE ACTION:
COUNCIL ACTION:
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
401
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 10/22/13
ORDINANCE NO.
AMENDMENT NO. 13 OF THE 2013 BUDGET
WHEREAS, the 2013-2014 budget was adopted November 20, 2012; and,
WHEREAS, changing circumstances require modifications to the approved 2013-2014
budget; and,
WHEREAS, the modifications to the budget have been assembled here for deliberation by
the Whatcom County Council.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2013-
2014 Whatcom County Budget Ordinance #2012-048 is hereby amended by adding the
following additional amounts to the 2013 budget included therein:
Expenditures
Revenues
Net Effect
General Fund
Non - Departmental
4,902,375
(4,902,375)
-
Total General Fund
4,902,375
(4,902,375)
-
Road Fund
6,750,000
(2,124,829)
4,625,171
Jail Fund
2,700,000
-
2,700,000
Public Utilities Improvement Fund
1,250,000
-
1,250,000
Equipment Rental and Revolving Fund
2,777,204
(575,000)
2,202,204
Administrative Services Fund
595,000
(20,000)
575,000
Total Supplemental
18,974,579
(7,622,204)
11,352,375
ADOPTED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk
APPRQVED AS TO FOR.p/�-;
P
ivil Depu y Prosecutor
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
Date:
I:\BUDGET\SUPPLS\2013_Suppl\Supplementa1 413-2013.doc
402
WHATCOM COUNTY
Summary of the 2013 Supplemental Budget Ordinance No. 13
Department/Fund
Description
Increased
Expenditure
Decrease
(Increased)
Revenue
Net Effect to
Fund Balance
(increase)
Decrease
General Fund
Non Departmental
To fund State Street purchase and partially fund new
jail site purchase.
4,902,375
M (4,902,375)
-
Total General Fund
4,902,375
(4,902,375)
Road Fund
Public Works Administration
To fund Road purchase and renovation of Civic
Center Building.
6,200,000
(2,124,829)
4,075,171
Public Works Administration
To fund Road purchase of Central Shop land.
550,000
-
550,000
Total Road Fund
6,750,000
(2,124,829)
4,625,171
Jail Fund
To fund transfer for new jail site acquisition.
2,700,000
2,700,000
Public Utilities Improvement Fund
To fund State Street building renovation
1,250,000
1,250,000
Equipment Rental and Revolving Fund
Public Works Equipment Services
To record income from sale of 316 Lottie to
Administrative Services.
(575,000)
(575,000)
Public Works Equipment Services
To fund transfers to refund equity to the Road Fund
and the General Fund
2,777,204
-
2,777,204
Total Equipment Rental and Revolving Fund
2,777,204
(575,000)
2,202,204
Administrative Services Fund
Administration
To fund purchase of 316 Lottie Street.
575,000
-
575,000
Facilities
To fund emergency repairs at Sun House for ADA
access from grant proceeds.
20,000
(20,000)
-
Total Administrative Services Fund
595,000
(20,000)
575,000
Total Supplemental
18,974,579
(7,622,204)
11,352,375
403
Supplemental Budget Request Status: Pending
Non -Departmental
Supp'1 ID # 1696 Fund 1 Cost Center 4900 Originator: Jack Louws
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Fund State Street Purchase and Jail Site Purchase
X
Department H d Sig ur (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
8120.108 Other Fixed Assets ($4,250,000)
8301.501
25SD1 .34D
8351.348
Request Total
Operating Transfer In
Operating Transfer Out
Operating Transfer Out
($652,375)
$1,093,491
$3,808,884
$D
1a. Description of request:
Sale of Civic Center Building and the Central Shop Land to the Road Fund and use the proceeds to:
- purchase and renovate the 1500 North State Street building ($3,808,884)
-transfer $1,093,491 to the Jail Construction Project Fund to partially fund the Purchase of a site for a new
jail.
The supplemental also includes a return to the General Fund from the Equipment Rental and Revolving
$799,082 of vehicle rental payments. This payment is a return of the overfunding of General Fund
Departments vehicle and equipment replacement.
1 b. Primary customers:
N/A
2. Problem to be solved:
This is part of the solution to:
- fund the purchase of a site for a new jail
- secure a facility to house operations contained in the Northwest Annex, the Northwest Annex has
exceeded it useful life.
- acquire a county morgue facility and a office for the Medical Examiner.
3a. Options /Advantages:
The other options are:
1) Invest is the Northwest Annex Building to keep it viable for office space.
2) continue to lease morgue and medical examiner space.
3) lease other office space for staff located at Northwest Annex.
4) identify other funding to purchase a jail site or do not purchase a jail site.
This transaction uses funding restricted to road purposes to pay the full cost of road activities. The
transaction also sets free general government resources so that they can be used to fund critical general
government activities.
This is the best option because over the long term it is more economical for the county to own its office
space than lease it.
3b. Cost savings:
Cost savings cannot be calculated at this time.
Monday, October 14, 2013 Rpt: Rpt Suxepgular
Supplemental Budget Request Status: Pending
Non -Departmental
Supp7 ID # 1696 Fund 1 Cost Center 4900 Originator. Jack Louws
4a. Outcomes:
1) Purchase of a new jail site -by December 2013
2) Purchase of 1500 North State Street Building -by December 2013
4b. Measures:
The outcomes will be accomplished when the county take ownership of the properties.
5a. Other Departments/Agencies:
This transaction will not impact any departments.
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
This request is funded through:
1)Sale of the Civic Center Building to the Road Fund.
2)Sale of land at Central Shop to the Road Fund.
3)Return of overfunding of vehicle and equipment replacement to the General Fund.
Monday, October 14, 2013 Rpt: Rpt SuCl,Pegular
Supplemental Budget Request status: Pending
Public Works Administration
Supp7 ID # 1694 Fund 108 Cost Center 10890 Originator: Frank Abart
_ ... ...................... .........
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'1 Space ❑ Priority 1
Name of Request. Road Purchase of Civic Center Building
X -- /--
DepartmenqHedSigq�tur (Required on Hard Copy Submission) Date
Costs: Object
2910.1000
7350,001
8301.501
Object Description
Fund Balance
Buildings & Structures
Operating Transfer In
8351.331 Operating Transfer Out
Request Total
Amount Requested
1a. Description of request:
Purchase of the Civic Center Building by the Whatcom County Road Fund for current appraised value of
$3,700,000 and transfer $2,500,000 to the Civic Center Improvement Fund to renovate the second and
fourth floors, stairwells, and other miscellaneous improvements.
1b. Primary customers:
N/A
2. Problem to be solved:
The Northwest Annex is at the end of its useful life and will require extensive investment for continued use
as office space. Public Works staff working at the Northwest Annex will need to be relocated. Public
Works could increase its effectiveness by further consolidation of operations in the Civic Center Building.
Renovating the second and fourth floors will enable the department to improve planning and coordination
by locating work groups in office space that meets their needs and facilitates communication between
work groups. Improvements to the building will also facilitate use of the space for other County
Departments in the future by expanding the functionality of the building.
3a. Options /Advantages:
Other options would require leasing space and would not allow for consolidating operations. This is the
best option because it allows for consolidating staff and improving communication. Over the long term,
ownership of the Civic Center should be less expensive than leasing space. This option maximizes the
use of a current asset.
3b. Cost savings:
By relocating Public Works staff located at the Northwest Annex the county will not be required to invest
further in that facility.
The Road Fund will no longer pay rent for the Civic Center and the Northwest Annex. The Road Fund may
gain revenue from the rent of future leasing to other County Department tenants.
4a. Outcomes:
4b. Measures:
5a. Other Departments/Agencies:
Monday, October 14, 2013 Rpt: Rpt Suppl Regular
406
Supplemental Budget Request
Public Works Administration
Status: Pending
Supp'1 ID # 1694 Fund 108 Cost Center 10890 Originator: Frank Abart
5b. Name the person in charge of implementation and what they are responsible for:
Improvement of this county asset (Civic Building) will allow effective and efficient use of the facility for
several years. The Civic Building will likely be utilized for County operations for the next twenty to thirty
years. As such an investment in this asset to maximize its use is justified.
6. Funding Source:
Funding for this request is from the Road Fund. Included in this request is the return of Road Fund equity
in the Equipment Rental and Revolving Fund ($2,124,829). This represents the amount Road Fund has
contributed to ER&R in exceeds of what is needed for equipment replacement.
Monday, October 14, 2013 Rpt: Rpt S#01� guar
Supplemental Budget Request
Public Works Administration
Supp'I ID # 1695 1 Fund 108 Cost Center 10890 Originator: Frank Abart
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. Purchase of Central Shop Land
Departmeni Head Signature (Required on Hard Copy Submission) Date
Costs:
Object Object Description
Amount Requested
�2910.1000 Fund Balance
($550,000)
7320 Land
$550,000
Request Total
$0
1 a. Description of request:
Purchase by the Road Fund of 99.83 acres of Land on Northwest Road. This includes the site of the
Central Shop and the land surrounding the fenced compound south of the Northwest Soccer Park and
east of Northwest Road together with 30.8 acres west of Northwest Road. The purchase price is the
current appraised value as established in an appraisal by Wm. T. Follis, LLC, Realtors.
1 b. Primary customers:
N/A
2. Problem to be solved:
Whatcom County's policy is that restricted revenue shall be used first to pay for all eligible expenditures
before any unrestricted General Fund Revenue is used. This transaction uses funds restricted for road
purposes to purchase a general government asset that is used for Road purposes. The areas of land that
are not currently being utilized by Public Works are anticipated to be utilized for future wetlands mitigation.
3a. Options /Advantages:
The other option considered is no action and to retain this property as a general government asset. The
transaction will dedicate the property to road purposes by using restricted road dollars to reimburse the
General Fund for the value of the land. For the foreseeable future this property will be used for road
purposes. This transaction will allow Whatcom County to use the monetary value of the property for other
general government purposes.
3b. Cost savings:
None.
4a. Outcomes:
This transaction will dedicate the use of the Central Shop property to road purposes and allow the
monetary value of the property to be used for other general government purposes.
4b. Measures:
The outcome will occur when the transaction has been completed.
5a. Other Departments/Agencies:
This transaction will be processed by county administrative staff.
5b. Name the person in charge of implementation and what they are responsible for:
This transaction will be executed by an interfund transfer approved by the County Executive.
6. Funding Source:
This transaction will be funded from Road Fund fund balance.
Monday, October 14, 2013 Rpt: Rpt Suppl Regular
408
Supplemental Budget Request status: Pending
Non -Departmental
-
Supp'1ID # 1701 j Fund 118 Cost Center 118115 Originator: Jack Louws
-.. ... .
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: WC Jail Fund Transfer to Fund Site Acquistion
Department Head ig re (Required on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested
- - --
2910 1000 Fund Balance - _ - -
($2,700 000)
8351.345 Operating Transfer Out $2,700,000
.......... _... ............. _.. .. -----
Request Total $0
1a. Description of request.
Transfer to fund purchase for site for new Jail.
1b. Primary customers:
N/A
2. Problem to be solved:
See Memo from Jack Louws to County Council dated 10/14/2013
3a. Options /Advantages:
See Memo from Jack Louws to County Council dated 10/14/2013
3b. Cost savings:
N/A
4a. Outcomes:
See Memo from Jack Louws to County Council dated 10/14/2013
4b. Measures:
See Memo from Jack Louws to County Council dated 10/14/2013
5a. Other Departments/Agencies:
None.
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
This Transfer is from the fund balance of the WC Jail fund.
Monday, October 14, 2013 Rpt: Rpt Suppl Regular
409
Supplemental Budget Request
Non -Departmental
Status: Pending
Supp l to # 1700 J Fund 332 Cost Center 332100 Originator: Jack Louws
....... ......... ......... ............... ......... ........ -_ _ ......... .... ......... ......... ......... ......... ........ ....
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request. Transfer to Fund State Street Building Renovation
X .... ... ........
/
Department He Sign equired on Hard Copy Submission) Date
Costs: i Object
2910.1000 - -
8351.348
Request Total
Object Description
Fund Balance
Operating Transfer Out
Amount Requested
____.....($1,250, 000)
$1,250,000
$0
1a. Description of request:
Transfer to fund 1500 North State Street Building and Renovation.
1b. Primary customers:
N/A
2. Problem to be solved.
See Memo from Jack Louws to County Council dated 10/14/2013
3a. Options /Advantages:
See Memo from Jack Louws to County Council dated 10/14/2013
3b. Cost savings:
N/A
4a. Outcomes:
See Memo from Jack Louws to County Council dated 10/14/2013
4b. Measures:
See Memo from Jack Louws to County Council dated 10/14/2013
5a. Other Departments/Agencies:
Administrative Services Facilities (Mike Russell) will be involved in the administration of the renovation.
5b. Name the person in charge of implementation and what they are responsible for:
Administrative Services Facilities (Mike Russell) will be involved in the administration of the renovation.
6. Funding Source:
Funding is from the Public Utilities Fund (EDI) fund balance.
Monday, October 14, 2013 Rpt: Rpt Suppl Regular
410
Supplemental Budget Request
Public Works Equipment Services
Status: Pending
_............... ... ....
Supp'1 to # 1702 Fund 501 Cost Center 501600 Originator. Frank Abart
- --- ......... . ...... - --
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Sale of 316 Lottie to Administrative Services
DepartmenqHeadi9n;at�uFe4,R quired on Hard Copy Submission) Date
Costs: Object Object Description
2910.1000
8301.507
9111
Request Total
- ......_.....
Fund Balance
----------............................................ - - - -— -----------
Operating Transfer In
.......... -- - .......
Disposal Proceeds
Amount Requested
$575,000
($ 402,191)
($172,809)
$0
1a. Description of request:
Sale of 316 Lottie Building to Administrative Services
1b. Primary customers:
N/A
2. Problem to be solved.
See memo from Jack Louws to County Council dated October 14, 2013.
3a. Options /Advantages:
See memo from Jack Louws to County Council dated October 14, 2013,
3b. Cost savings:
N/A
4a. Outcomes:
See memo from Jack Louws to County Council dated October 14, 2013.
4b. Measures:
See memo from Jack Louws to County Council dated October 14, 2013.
5a. Other Departments/Agencies:
None
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
N/A
Monday, October 14, 2013 Rpt Rpt Suppl Regular
411
Supplemental Budget Request status: Pending
Public Works Equipment Services
Supp`l io 4 1686 Fund 501 Cost Center 501100 Originator: Kellie Eiswald
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: Return of Equity
Department Head gnat quired on Hard Copy Submission) Date
Costs: Object Object Description Amount Requested `
2880.1000 Retained Earnings ($2,777,204)
9201 Residual Equity Trans -Out $2,777,204
Request Total $0
1 a. Description of request:
The Equipment Rental Fund will return excess equity back to Departments as follows:
General Fund - Assessor - $20,986, Juvenile - $43,583, PDS - $311,831, Health Department -
$264,798, Parks - $157,883. This totals $799,081 less underground storage tank removal that should have
be charge to the General Fund $146,706. The net equity returned to the General Fund is $652,375.
Road Fund - $2,124,829.
Total return of equity $2,777,204
1b. Primary customers:
The General Fund will receive $799,081.
The Road Fund will receive $2,124,829.
2. Problem to be solved:
It has been the practice of the ER&R Fund to set monthly equipment rental rates, for passenger vehicles,
based on a six to seven year cycle. In many cases, vehicles have been kept in service years past the
planned replacement date. As a result, excess replacement equity has accumulated in the ER&R Fund.
Generally accepted accounting principles require Internal Service Funds to operating at a zero profit. By
returning excess equity to Departments, the ER&R's Fund balance will present an accurate replacement
value.
We resently discovered the removal of an underground storage tank should have be charged to the
General Fund. The cost of removing the strorage tank will be deducted equity returned to the General
Fund.
3a. Options /Advantages:
Another option would be to reduce monthly equipment rental rates. Over time, the excess replacement
equity would be lowered. This results in current expenditures for equipment being understated in the
County's current year financial report.
By making a one time residual equity transfer out, equipment rental rates would not have to be
recalculated and rental expenditure would be accurately report on the financial statements.
Monday, October 14, 2013 Rpt: Rpt Suppl�Ijegular
Supplemental Budget Request status: Pending
Public Works Equipment Services
Supp'I ID # 1686 Fund 501 Cost Center 501100 Originator. Kellie Eiswald
3b. Cost savings:
None.
4a. Outcomes:
The General Fund and the Road Fund would have additional cash reserves for anticipated transactions
per Jack Louws Memo dated October 14, 2013..
4b. Measures:
Year end actual department equity accounts will be compared with a calculated equity balance based on
equipment life.
5a. Other Departments/Agencies:
5b. Name the person in charge of implementation and what they are responsible for:
6. Funding Source:
ER&R retained earnings.
Monday, October 14, 2013 Rpt: Rpt 520 �gular
Supplemental Budget Request status: Pending
Administrative Services Administration
Supp'l ID # 1704 Fund 507 Cost Center 50710 Originator. Jack Louws
...._ ..--.._. _ - ......... ............... .......
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
Name of Request: AS Purchase of 316 Lottie Street
Department Head gnat quired on Hard Copy Submission) Date
Costs: i Object Object Description
2880 1000 Retained Earnings
7320
7350
8351.501
Land
Buildings & Structures
- - -----
Operating Transfer Out
Amount Requested
($575,000)
$119,000
$53,809
- - - ...............
$402 191
Request Total 1 $0
la. Description of request:
Purchase of 316 Lottie Street property by Administrative Services. The property currently is an asset of
the Equipment Rental and Revolving Fund.
1b. Primary customers:
N/A
2. Problem to be solved.
The building located at 316 Lottie Street was purchased by the Equipment Rental and Revolving Fund as
an office for the Public Works Department. Several years ago Public Works moved out of the building
and Administrative Services - Facilities took over the building. This transaction will transfer ownership to
Administrative Services.
3a. Options /Advantages:
Pay Equipment Rental and Revolving Fund rent for use of 316 Lottie Street.
3b. Cost savings:
None
4a. Outcomes:
Transfer ownership of 316 Lottie Street Property from Equipment Rental and Revolving Fund to the
Administrative Services Fund.
4b. Measures:
When the transaction is executed.
5a. Other Departments/Agencies:
No
5b. Name the person in charge of implementation and what they are responsible for.
6. Funding Source:
The funding for this transaction is from Administrative Services' fund balance.
Monday, October 14, 2013 Rpt: Rpt Suppl Regular
414
WHATCOM COUNTY
ADMINISTRATIVE SEVICES
Whatcom County Courthouse
311 Grand Ave, Suite 108
Bellingham, WA 98225-4083
MEMO TO: Jack Louws, County Executivoi, ;5:�_
FROM: Michael Russell, Facilities Manager
DATE: October 7, 2013
RE: Supplemental Budget Request
r
FACILITIES MANAGEMENT
316 Lottie Street
Bellingham, WA 98225-4010
Phone: 360.676.6746
Fax: 360.676.6789
Facilities@co.whatcom.wa.us
MICHAEL RUSSELL
Facilities Manager
OCT 7 - 2013
® Background and Purpose
The Sun Community Services House located on Chestnut Street is in immediate need of
emergency repairs to their front porch and ADA accessible ramp. The Sun Community
House is a housing facility that provides assistance to very -low income persons. The
properly is owned by Whatcom County and leased to Sun House.
Funding Amount and Source
Funding is provided via an Interlocal Agreement between Whatcom County and the City
of Bellingham for the amount of $20,000
If you have any questions, please contact me at extension 50575.
Thank you,
Enclosures (1)
415
Supplemental Budget Request Status: Pending
Administrative Services Facilities Management
Supp'l 1D # 1690 ' Fund 507 Cost Center 50785 Originator: Michael Russell
Expenditure Type: One -Time Year 1 2013 Add'I FTE ❑ Add'I Space ❑ Priority 1
[!!me of Request: Emergecy Repairs at Sun House for ADA Access
X v l® -1/ • ��i 3
Dep rtment Head Signature (Required on Hard Copy Submission) Date
Costs: Object Object Description
Amount Requested
4337.0002 Other {I ($20,000)
7060 Repairs & Maintenance $20,000
Request Total ( $0
la. Description of request:
The Mayor has reserved up to $20,000 for the wheelchair ramp repairs at 515 W. Chestnut Ave. This
County owned building is occupied by Sun Community Service.
1b. Primary customers:
Whatcom County, The City of Bellingham and the citizens of our community that will be utilizing these
facilities.
2. Problem to be solved.
The current ADA access to the building has deteriorated to the point that it is no longer useable. The
funding provided through the City will fund the repairs up to $20,000.00.
3a. Options / Advantages:
These repairs need to be made at Sun House for ADA access to the building. Completing these repairs
will keep this building up to code and the allow services that Sun House provides to continue.
3b. Cost savings:
The funding for this project is being provided by the City of Bellingham Housing Levy Funds.
4a. Outcomes:
Completing these repairs will keep this building up to code and the allow services that Sun House
provides to community to continue.
4b. Measures:
Completing these repairs will keep this building up to code and the allow services that Sun House
provides to community to continue.
5a. Other Departments/Agencies:
Whatcom County Facilities Management, The City of Bellingham and Sun Community services
5b. Name the person in charge of implementation and what they are responsible for.
Michael Russell
6. Funding Source:
City of Bellingham Housing Levy Funds
Friday, October 11, 2013 Rpt: Rpt Suppl Regular
416
WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2013-347
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twit
10114113
10122113
Intro
Originator:
[M."'
11112113
Finance &
Division Head:
5 2013
Council
Dept. Head.,
b4-
/o//q/t3_
Prosecutor:
�J'Vf C 0 R/I COUNTY
C 0 UIN I L
PurchasinglBudget:
Executive:
TITLE OFDOCUM 7 Ordinance to amend the new jail project fund by adding budget authority in tile amount of $6,093,491
for the purchase of jail site property, for a total project budget expenditure amount of $6,638,393.
ATTACHMENTS:
SEPA review required? ) Yes ) NO
Should Clerk schedule a hearing ? Yes 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 RCWor WCC as appropriate. Beclear in
explaining the intent of the action.)
Requesting Council approval for additional budget authority in the new jail project fund for a total budget expenditure amount of
$6,638,393 to allow for the acquisition of jail site property. (See Executive Louws 10/14/13 memo to council referencing funding
adjustments to allow for property acquisitions).
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 anal printing on the County's website
at: www.co.whatcomwa.us/council.
417
SPONSORED BY: _Executive
PROPOSED BY: Executive
INTRODUCTION DATE: October 22, 2013
ORDINANCE NO.
AMENDMENT No. 2 TO ORDINANCE No. 2013-003
ESTABLISHING A PROJECT FUND FOR THE NEW JAIL PROJECT
WHEREAS, the planning phase of the New Jail Project 2013-2014 budget was initially
adopted on January 29, 2013 with an expenditure amount of $444,902 for jail planning and a
revenue amount of $1,000,000 from a General Fund transfer, and
WHEREAS, Ordinance No. 2012-045 approved July 23,2013, added expenditure
authority of $100,000 for additional studies of the preferred jail site to the project based
budget, and
WHEREAS, the environmental impact statement and supplemental environmental
impact statement are complete, and
WHEREAS, it may be in the best interest of Whatcom County to purchase the
preferred jail site at the intersection of LaBounty Road and Sunset Avenue in Ferndale, and
WHEREAS, funding for the site acquisition will be provided by interfund transfers
from the Real Estate Excise Tax I Fund ($2,300,000), the Whatcom County Jail Fund
($2,700,000) and the General Fund ($1,093,491),
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, that
Ordinance No. 2013-003 establishing the project based budget for the New Jail Project 2013-
2014, as amended by Ordinance No. 2013-045, is hereby amended by adding an additional
amount of $6,093,491 of expenditure authority to the amended project budget amount of
$544,902 for a total project budget expenditure amount of $6,638,393.
ADOPTED this day of , 2013.
WHATCOM COUNTY COUNCIL
ATTEST: WHATCOM COUNTY, WASHINGTON
Dana Brown -Davis, Council Clerk Kathy Kershner, Chair of the Council
APPROVED AS TO FORM:
Chief Civil Deputy Prosecutor
( ) Approved ( ) Denied
Jack Louws, Executive
WHATCOM COUNTY
M �, Jack Louws
EXECUTIVE'S OFFICE
County Executive
County Courthouse
311 Grand Avenue, Suite #108
4SH'"`'10
Bellingham, WA 98225-4082
MEMORANDUM
TO: Whatcom County Council Member
FROM: Jack Louws, County Executiye/ '
DATE: October 14, 2013
RE: Funding Adjustments to Allow for Property Acquisitions of LaBounty
Road Correction Facility Site and the State Street Building.
I propose the Council consider and approve an integrated set of actions that will lead to
the County's ability to pay for the acquisition of the property located on LaBounty Road
for the purposes of siting and constructing a new county jail, and for the purchase of the
State Street building to be used as a Permit Center for PDS, PW, and Health, with the
continuance of the facility being used as the County Morgue.
My proposal includes the following:
1. Re -alignment of existing county property ownership to appropriate departments to
reflect current and projected use.
2. Adjusting and transferring excess equity balances in the County's ER&R Funds to
their original fund sources, providing capitol for the property transactions.
3. Plan and execute appropriate renovations to existing county facilities to allow
them to cost effectively serve the needs of county government and our
community.
The transactions listed below are necessary to accomplish these objectives.
ER&R ADJUSTMENTS
Refund excess Road Fund equity in the ER&R Fund to the Road Fund. The
current equity balance in ER&R for Road purposes is estimated to be over $2.1
million more than necessary to adequately provide for scheduled replacements.
Refund excess General Government equity in the ER&R Fund to the General
Fund. The current equity balance is estimated to be $799,000 more than
necessary to adequately provide for scheduled equipment replacements in the
General Fund accounts. As a part of these refunds we are not proposing to make
any changes to the Sheriff's Department equity balances. This excess equity
balance would be used to assist in purchasing the LaBounty Road property for the
future jail and Sheriff's department facilities.
Council Memo Property Fund Adjustments 10/14/13 Page 1
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-IP55
To correct a recently discovered accounting transaction in the ER&R Fund and
reimburse the ER&R Fund in the amount of $146,707 for petroleum tank removal
costs. This tank removal occurred many years ago in the parking lot south of the
Courthouse. This transaction corrects the accounting to make the ER&R Fund
whole.
ROAD FUND
• The Road Fund will be used to purchase the Civic Center building. The
Public Works Department currently leases space in the Civic Center building.
I propose the Road Fund acquire the Civic Center building, property and
renovate the 2nd and 4ch floors of the building to consolidate Public Works
operations. A formal appraisal has shown a value of $3.7 million for the
building and property. The purchase price will be returned to the General
Fund for use in acquiring other properties as outlined in the above objectives.
We are requesting a $2.5 million project budget from the Road Fund to
complete the renovations necessary for the effective long term use of the
building.
• The Public Works Maintenance and Operations Division Central Shop
facilities utilize approximately 100 acres as part of a larger 147 acre parcel.
The value of these 100 acres has been appraised for $550,000. I propose to
use dedicated Road Funds to compensate the General Fund for this property
and utilize the property for Public Works purposes well into the future.
1500 N. STATE STREET BUILDING — ACOUISITION AND RENOVATION
Whatcom County currently leases over 80% of the building for County Health
Department operations, the Medical Examiner offices, and the County Morgue space.
The Administration has executed a purchase and sale agreement in the amount $2.6
million to acquire the building and related property, subject to Council approval. The
agreed purchase price is approximately $1 million less than the formally appraised value
for the building and associated property. This acquisition includes a 20,552 square foot 2-
story building located on a 13,750 square foot lot and a 42,460 square foot parking lot
located within 1/2 block of building. Approximately 120 parking spaces can be
accommodated between both properties. I am requesting a project budget in the amount
of $5,058,884 to acquire and renovate the building and related property. This project
budget will be funded from the General Fund with some of the proceeds received as a
result of the sale of the Civic Center building, and the assignment of $1,250,000 of EDI
funds dedicated to renovation costs.
When completed, this building will house all operations of PDS, and the development
related staff from Public Works and the Health Department. This county facility will also
continue to serve as the offices of the Medical Examiner and the Morgue. The Northwest
Annex facility has exceeded its useful life and requires extensive investment in
renovations in order to maintain the facility as a healthy and safe working environment
Council Memo Property Fund Adjustments 10/14/13 Page 2
420
for staff and the public. By investing in the State Street building we can avoid those
extensive repair costs while ensuring adequate future space for PDS and offices for the
Medical Examiner and Morgue. The existing Health Department staff currcntly locatcd
in the State Street building will be relocated to Girard Street to consolidate all clinical
staff. Health Administrative and Human Services staff will relocate and lease the first
floor of the Civic Center building.
PURCHASE OF 316 LOTTIE STREET
This building was acquired —20 years ago through the ER&R Fund. I am proposing a
portion of the Administrative Services Fund balance currently devoted to Facilities
Management be used to acquire the building and property, properly align building use
with county funds and repay the ER&R Fund $575,000. The formal appraisal of the
property indicates a value of $575,000. The property will continue to be used for
Facilities management operations.
PURCHASE OF A NEW JAIL SITE
I propose the Council appropriate a total of $6,093,491 for the acquisition and related
closing and project costs associated with the LaBounty Road property purchase. This
appropriation will be funded through transfers to the Jail Construction Project Fund from
the following sources:
L ' $2.3 million from the REET I Fund balance
2. $2.7 million from the Jail Fund
3. $1,093,491 from the General Fund. This General Fund transfer represents a
portion of the proceeds from the previously described transactions.
I appreciate the totality of these transactions are complex. They have involved many
hours of research and development work by my staff over a number of months. The
details of these transactions are described extensively in the attached resolutions and
ordinances. I'm pleased that when fully implemented we will have accomplished some
fundamental investments and objectives that improve our government operations and
services to the citizens including the purchase of property for a new jail. More
importantly, we will have accomplished these investments and improvements within
existing resources, without new taxes and without creating additional demands on the
General Fund.
We will have unresolved issues beyond these transactions. The disposition or repurposing
of the Northwest Annex facility will need to be decided, the Courthouse fagade
renovation needs funding (long-term water damage repair), 4th Courtroom is in progress
and scheduled to be completed in 2014, and of course we will need to decide what tax
measure is required for the construction of the jail and Sheriff s facility. Beyond all of
this we will need to decide the fate of the existing correctional facility, incorporating
Council Memo Property Fund Adjustments 10/14/13 Page 3
421
some holding capacity in our current courthouse for prisoners as they await their court
hearings and trials.
I suggest the council discuss this in committee, then hold public hearing(s) on the
proposal prior to taking action(s). Dewey Desler, Special Projects Manager and I will be
available to answer questions you may have.
Thank you for your consideration of this proposal.
Council Memo Property Fund Adjustments 10/14/13 Page 4
422
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Source of Funds
I
Use of Fund
Road Fund
Refund of Road Fund Equity in ER&R
$ 2,124,829
Road Fund - Fund Balance
$ 4,625,171
Purchase Civic Center Building
$
3,700,000
Civic Center Building Improvements
$
2,500,000
Purchase Central Shop Land- Northwest Rd.
$
550,000
$ 6,750,000
$
6,750,000
General Fund
Sale of Civic Center
$
3,700,000
Return of General Fund Equity in ER&R
$
799,082
Sale of Central Shop Land - Northwest Rd.
$
550,000
Transfer to Jail Construction Project Fund
$
1,093,491
Transfer to State Street Bldging Acquisition and
Improvement Fund
$
3,808,884
Reimburse ER&R for Tank Removal Sheriff's Parking Lot
$
146,707
$
5,049,082
$
5,049,082
State Street Building Acquisition and Improvement Fund (Proposed)
Transfer From General Fund - Proceeds of Civic Center
Sale
$
3,808,884
Rural Sales Tax (EDI) Transfer
$
1,250,000
Purchase of 1500 N State Street Building
$
2,700,000
Improvements to 1500 N State Street Bldg
$
2,358,084
$
5,058,884
$
5,058,084
Administrative Services Fund - 316 Lottie Street
Administrative Services Fund - Fund Balance
$
575,000
Repay Er&R Fund for 316 Lottie Building
$
575,000
$
575,000
$
575,000
423
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Jail Construction Project Fund
Reet I Transfer $ 2,300,000
Jail Fund Transfer $ 2,700,000
Transfer From General Fund - Proceeds of Civic Center
Sale $ 1,093,491
Purchase of New Jail Site
Other Project Costs
EDI Fund
Transfer to State Street Building Acq & Improv Fund
$ 5,938,382
$ 155,109
$ 6,093,491 $ 6,093,491
$ 1,250,000
424
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 013 - 3 4 8
CLEARANCES
Initial
Date
Date Received in Council O ice
Agenda Date
Assigned to:
twh
10114113
10122113
Intro
Originator:
j �; f ff,11
11112113
Finance &
Division Head:
OCTi ��` Hof@yrp�pe'q
ACC9 $ 5 2& 3
Council
Dept. Head:
1
IHA'T M � C.4e F
Prosecutor:
-
0UNupI�_
Purchasin /Bud et:
1 b 6 1
Executive:Z��A,
1-3
TITLE OF DOCUMENI Ordinance to establish the State Street Building and Improvement Fund and related capital budget
appropriate.
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 speciFc and cite RCW or WCC as appropriate. Be clear in
explaining the intent of the action.)
Requesting Council approval to establish the State Street Building Acquisition and Improvement Fund and related capital budget
appropriation in the amount of $5,058,885. (See Executive Louws 10/14/13 memo to council referencing funding adjustments to
allow for property acquisitions).
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.uslcouncil,
425
SPONSORED BY: Executive
PROPOSED BY: Executive
INTRODUCTION DATE: 10/22/13
ORDINANCE NO.
AN ORDINANCE ESTABLISHING THE STATE STREET
BUILDING ACQUISITION AND IMPROVEMENT FUND AND
RELATED CAPITAL BUDGET APPROPRIATION
WHEREAS, Whatcom County Council has determined it is in the best interest of the
citizens of Whatcom County to acquire a building located at 1500 North State Street,
Bellingham Washington, and
WHEREAS, purchase of -the State Street building will enable Whatcom County to
discontinue use of the Northwest Annex for office space and thereby avoid costly repairs the
annex requires, and
WHEREAS, purchase of the State Street Building establishes county ownership of the
county morgue and the County Medical Examiner's office, and
WHEREAS, purchase and renovation of the State Street Building will be funded by a
$3,808,884 transfer from the General Fund, which represents a portion of the proceeds from
the sale of the Civic Center Building and a $1,250,000 transfer From the Public Utilities Fund,
and
WHEREAS, when completed, this building will house all operations of Planning and
Development Services, the development related staff from Public Works and it will continue to
serve as the offices for the Medical Examiner and will continue to serve as the morgue,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a new fund
is hereby established effective November 12, 2013 titled State Street Building Acquisition and
Improvement Fund.
426
BE IT FURTHER ORDAINED by the Whatcom County Council that a capital budget
appropriation of $5,058,884 is hereby established for the acquisition and renovation of 1500
North State Street, Bellingham Washington.
ADOPTED this day of
ATTEST:
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
61A, Ck xbA��
Civil Deputy Prosecutor
, 2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
427
WHATCOM COUNTY oM co
EXECUTIVE'S OFFICE
County Courthouse
311 Grand Avenue, Suite #108 _
Bellingham, WA 98225-4082 °SaNG°
MEMORANDUM
TO: Whatcom County Council Member
FROM: Jack Louws, County Executiv
DATE: October 14, 2013
Jack Louws
County Executive
RE: Funding Adjustments to Allow for Property Acquisitions of LaBounty
Road Correction Facility Site and the State Street Building.
I propose the Council consider and approve an integrated set of actions that will lead to
the County's ability to pay for the acquisition of the property located on LaBounty Road
for the purposes of siting and constructing a new county jail, and for the purchase of the
State Street building to be used as a Permit Center for PDS, PW, and Health, with the
continuance of the facility being used as the County Morgue.
My proposal includes the following:
1. Re -alignment of existing county property ownership to appropriate departments to
reflect current and projected use.
2. Adjusting and transferring excess equity balances in the County's ER&R Funds to
their original fund sources, providing capitol for the property transactions.
3. Plan and execute appropriate renovations to existing county facilities to allow
them to cost effectively serve the needs of county government and our
community.
The transactions listed below are necessary to accomplish these objectives.
ER&R ADJUSTMENTS
Refund excess Road Fund equity in the ER&R Fund to the Road Fund. The
current equity balance in ER&R for Road purposes is estimated to be over $2.1
million more than necessary to adequately provide for scheduled replacements.
Refund excess General Government equity in the ER&R Fund to the General
Fund. The current equity balance is estimated to be $799,000 more than
necessary to adequately provide for scheduled equipment replacements in the
General Fund accounts. As a part of these refunds we are not proposing to make
any changes to the Sheriff's Department equity balances. This excess equity
balance would be used to assist in purchasing the LaBounty Road property for the
future jail and Sheriff's department facilities.
............. -............ --
Council Memo Property Fund Adjustments 10/14/13 Page 1
428
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775 TDD (360) 738-4555
To correct a recently. discovered accounting transaction in the ER&R Fund and
reimburse the ER&R Fund in the amount of $146,707 for petroleum tank removal
costs. This tank removal occurred many years ago in the parking lot south of the
Courthouse. This transaction corrects the accounting to make the ER&R Fund
whole.
ROAD FUND
The Road Fund will be used to purchase the Civic Center building. The
Public Works Department currently leases space in the Civic Center building.
I propose the Road Fund acquire the Civic Center building, property and
renovate the 2nd and 4th floors of the building to consolidate Public Works
operations. A formal appraisal has shown a value of $3.7 million for the
building and property. The purchase price will be returned to the General
Fund for use in acquiring other properties as outlined in the above objectives.
We are requesting a $2.5 million project budget from the Road Fund to
complete the renovations necessary for the effective long term use of the
building.
The Public Works Maintenance and Operations Division Central Shop
facilities utilize approximately 100 acres as part of a larger 147 acre parcel.
The value of these 100 acres has been appraised for $550,000. I propose to
use dedicated Road Funds to compensate the General Fund for this property
and utilize the property for Public Works purposes well into the future.
1500 N. STATE STREET BUILDING — ACQUISITION AND RENOVATION
Whatcom County currently leases over 80% of the building for County Health
Department operations, the Medical Examiner offices, and the County Morgue space.
The Administration has executed a purchase and sale agreement in the amount $2.6
million to acquire the building and related property, subject to Council approval. The
agreed purchase price is approximately $1 million less than the formally appraised value
for the building and associated property. This acquisition includes a 20,552 square foot 2-
story building located on a 13,750 square foot lot and a 42,460 square foot parking lot
located within % block of building. Approximately 120 parking spaces can be
accommodated between both properties. I am requesting a project budget in the amount
of $5,058,884 to acquire and renovate the building and related property. This project
budget will be funded from the General Fund with some of the proceeds received as a
result of the sale of the Civic Center building, and the assignment of $1,250,000 of EDI
funds dedicated to renovation costs.
When completed, this building will house all operations of PDS, and the development
related staff from Public Works and the Health Department. This county facility will also
continue to serve as the offices of the Medical Examiner and the Morgue. The Northwest
Annex facility has exceeded its useful life and requires extensive investment in
renovations in order to maintain the facility as a healthy and safe working environment
Council Memo Property Fund Adjustments 10/14/13 Page 2
429
for staff and the public. By investing in the State Street building we can avoid those
extensive repair costs while ensuring adequate future space for PDS and offices for the
Medical Examiner and Morgue. The existing Health Department staff currently located
in the State Street building will be relocated to Girard Street to consolidate all clinical
staff. Health Administrative and Human Services staff will relocate and lease the first
floor of the Civic Center building.
PURCHASE OF 316 LOTTIE STREET
This building was acquired —20 years ago through the ER&R Fund. I am proposing a
portion of the Administrative Services Fund balance currently devoted to Facilities
Management be used to acquire the building and property, properly align building use
with county funds and repay the ER&R Fund $575,000. The formal appraisal of the
property indicates a value of $575,000. The property will continue to be used for
Facilities management operations.
PURCHASE OF A NEW JAIL SITE
I propose the Council appropriate a total of $6,093,491 for the acquisition and related
closing and project costs associated with the LaBounty Road property purchase. This
appropriation will be funded through transfers to the Jail Construction Project Fund from
the following sources:
1. $2.3 million from the REET I Fund balance
2. $2.7 million from the Jail Fund
3. $1,093,491 from the General Fund. This General Fund transfer represents a
portion of the proceeds from the previously described transactions.
I appreciate the totality of these transactions are complex. They have involved many
hours of research and development work by my staff over a number of months. The
details of these transactions are described extensively in the attached resolutions and
ordinances. I'm pleased that when fully implemented we will have accomplished some
fundamental investments and objectives that improve our government operations and
services to the citizens including the purchase of property for a new jail. More
importantly, we will have accomplished these investments and improvements within
existing resources, without new taxes and without creating additional demands on the
General Fund.
We will have unresolved issues beyond these transactions. The disposition or repurposing
of the Northwest Annex facility will need to be decided, the Courthouse facade
renovation needs funding (long-term water damage repair), 4th Courtroom is in progress
and scheduled to be completed in 2014, and of course we will need to decide what tax
measure is required for the construction of the jail and Sheriff's facility. Beyond all of
this we will need to decide the fate of the existing correctional facility, incorporating
Council Memo Property Fund Adjustments 10/14/13 Page 3
430
some holding capacity in our current courthouse for prisoners as they await their court
hearings and trials.
I suggest the council discuss this in committee, then hold public hearing(s) on the
proposal prior to taking action(s). Dewey Desler, Special Projects Manager and I will be
available to answer questions you may have.
Thank you for your consideration of this proposal.
Council Memo Property Fund Adjustments 10/14/13
Page 4
431
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Road Fund
Refund of Road Fund Equity in ER&R
Road Fund - Fund Balance
Purchase Civic Center Building
Civic Center Building Improvements
Purchase Central Shop Land- Northwest Rd.
General Fund
Sale of Civic Center
Return of General Fund Equity in ER&R
Sale of Central Shop Land - Northwest Rd.
Transfer to Jail Construction Project Fund
Transfer to State Street Bldging Acquisition and
Improvement Fund
Reimburse ER&R for Tank Removal Sheriff's Parking Lot
Sour de of Funds IUse, of Find
$ 2,124,829
$ 4,625,171
$ 3,700,000
$ 2,500,000
$ 550,000
$ 6,750,000 $ 6,750,000
$ 3,700,000
$ 799,082
$ 550,000
$ 1,093,491
$ 3,808,884
$ 146,707
$ 5,049,082 $ 5,049,082
State Street Building Acquisition and Improvement Fund (Proposed)
Transfer From General Fund - Proceeds of Civic Center
Sale $ 3,808,884
Rural Sales Tax (EDI) Transfer $ 1,250,000
Purchase of 1500 N State Street Building $ 2,700,000
Improvements to 1500 N State Street Bldg $ 2,358,084
Administrative Services Fund - 316 Lottie Street
Administrative Services Fund - Fund Balance
Repay Er&R Fund for 316 Lottie Building
$ 5,058,884 $ 5,058,084
$ 575,000
$ 575,000
$ 575,000 $ 575,000
432
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Jail Construction Project Fund
Reet I Transfer $ 2,300,000
Jail Fund Transfer $ 2,700,000
Transfer From General Fund - Proceeds of Civic Center
Sale $ 1,093,491
Purchase of New Jail Site
Other Project Costs
EDI Fund
Transfer to State Street Building Acq & Improv Fund
$ 5,938,382
$ 155,109
$ 6,093,491 $ 6,093,491
$ 1,250,000
433
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013
WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2 013-3 4 9
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
twh
10114113
10122113
Intro
Originator:
Division Head:
11112113
Finance &
Council
Dept. Head:
�
fully 13
Prosecutor:
_
VI V : , ,
Purchasin /Bud et:
¢`b e5` 5 2 F5 ; ,q`g
G N U' 9k C I L
Executive:
l®I15 0
TITLE OF DOCUME : Ordinance establishing a capital budget appropriation for renovation of the Civic Center Building
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you
must pro vide 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.)
Requesting Council approval for the adoption of a capital budget appropriation in the amount of $2.5 million for the renovation of the
Civic Center Building. (See Executive Louws 1.0/14/13 memo to council referencing funding adjustments to allow for property
acquisitions).
COMMITTEE ACTION:
COUNCILACTION.
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.
434
SPONSORED BY: Finance
PROPOSED BY: Executive
INTRODUCTION DATE: 10/22/2013
ORDINANCE NO.
AN ORDINANCE ESTABLISHING A CAPITAL BUDGET APPROPTIATION FOR
RENOVATION OF THE CIVIC CENTER BUILDING
WHEREAS, The Whatcom County Council has approve the purchase of the Civic Center
Building by the Whatcom County Road Fund, and
WHEREAS, The Civic Center Building requires renovation of -the 2"d and 4t" floors to prepare
the building for full occupancy, and
WHEREAS, The County Council has approved a Road Fund supplemental budget
authorizing a transfer of $2,500,000 to the Civic Center Building Improvement Fund (fund #331)
for renovations,
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that a capital
budget appropriation is hereby established in the Civic Center Improvement Fund of $2,500,000
for the renovation of the Civic Center Building,
ADOPTED this
ATTEST:
day of
Dana Brown -Davis, Council Clerk
APPROVED AS TO FORM:
Civil Deputy Prosecutor
, 2013.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kathy Kershner, Chair of the Council
( ) Approved ( ) Denied
Jack Louws, County Executive
435
WHATCOM COUNTY
EXECUTIVE'S OFFICE
County Courthouse�
311 Grand Avenue, Suite #108 \� r
Bellingham, WA 98225-4082
MEMORANDUM
TO: Whatcom County Council Member
FROM: Jack Louws, County Executiv
DATE: October 14, 2013
Jack Louws
County Executive
RE: Funding Adjustments to Allow for Property Acquisitions of LaBounty
Road Correction Facility Site and the State Street Building.
I propose the Council consider and approve an integrated set of actions that will lead to
the County's ability to pay for the acquisition of the property located on LaBounty Road
for the purposes of siting and constructing a new county jail, and for the purchase of the
State Street building to be used as a Permit Center for PDS, PW, and Health, with the
continuance of the facility being used as the County Morgue.
My proposal includes the following:
1. Re -alignment of existing county property ownership to appropriate departments to
reflect current and projected use.
2. Adjusting and transferring excess equity balances in the County's ER&R Funds to
their original fund sources, providing capitol for the property transactions.
3. Plan and execute appropriate renovations to existing county facilities to allow
them to cost effectively serve the needs of county government and our
community.
The transactions listed below are necessary to accomplish these objectives.
ER&R ADJUSTMENTS
Refund excess Road Fund equity in the ER&R Fund to the Road Fund. The
current equity balance in ER&R for Road purposes is estimated to be over $2.1
million more than necessary to adequately provide for scheduled replacements.
Refund excess General Government equity in the ER&R Fund to the General
Fund. The current equity balance is estimated to be $799,000 more than
necessary to adequately provide for scheduled equipment replacements in the
General Fund accounts. As a part of these refunds we are not proposing to make
any changes to the Sheriff's Department equity balances. This excess equity
balance would be used to assist in purchasing the LaBounty Road property for the
future jail and Sheriff's department facilities.
Council Memo Property Fund Adjustments 10/14/13
Page 1
Office (360) 676-6717 County (360) 384-1403 FAX (360) 676-6775
TDD (360) 7436
38 4555
To correct a recently discovered accounting transaction in the ER&R Fund and
reimburse the ER&R Fund in the amount of $146,707 for petroleum tank removal
costs. This tank removal occurred many years ago in the parking lot south of the
Courthouse. This transaction corrects the accounting to make the ER&R Fund
whole.
ROAD FUND
The Road Fund will be used to purchase the Civic Center building. The
Public Works Department currently leases space in the Civic Center building.
I propose the Road Fund acquire the Civic Center building, property and
renovate the 2nd and 4ch floors of the building to consolidate Public Works
operations. A formal appraisal has shown a value of $3.7 million for the
building and property. The purchase price will be returned to the General
Fund for use in acquiring other properties as outlined in the above objectives.
We are requesting a $2.5 million project budget from the Road Fund to
complete the renovations necessary for the effective long term use of the
building.
The Public Works Maintenance and Operations Division Central Shop
facilities utilize approximately 100 acres as part of a larger 147 acre parcel.
The value of these 100 acres has been appraised for $550,000. I propose to
use dedicated Road Funds to compensate the General Fund for this property
and utilize the property for Public Works purposes well into the future.
1500 N. STATE STREET BUILDING — ACQUISITION AND RENOVATION
Whatcom County currently leases over 80% of the building for County Health
Department operations, the Medical Examiner offices, and the County Morgue space.
The Administration has executed a purchase and sale agreement in the amount $2.6
million to acquire the building and related property, subject to Council approval. The
agreed purchase price is approximately $1 million less than the formally appraised value
for the building and associated property. This acquisition includes a 20,552 square foot 2-
story building located on a 13,750 square foot lot and a 42,460 square foot parking lot
located within % block of building. Approximately 120 parking spaces can be
accommodated between both properties. I am requesting a project budget in the amount
of $5,058,884 to acquire and renovate the building and related property. This project
budget will be funded from the General Fund with some of the proceeds received as a
result of the sale of the Civic Center building, and the assignment of $1,250,000 of EDI
funds dedicated to renovation costs.
When completed, this building will house all operations of PDS, and the development
related staff from Public Works and the Health Department. This county facility will also
continue to serve as the offices of the Medical Examiner and the Morgue. The Northwest
Annex facility has exceeded its useful life and requires extensive investment in
renovations in order to maintain the facility as a healthy and safe working environment
Council Memo Property Fund Adjustments 10/14/13 Page 2
437
for staff and the public. By investing in the State Street building we can avoid those
extensive repair costs while ensuring adequate future space for PDS and offices for the
Medical Examiner and Morgue. The existing Health Department staff currcntly locatcd
in the State Street building will be relocated to Girard Street to consolidate all clinical
staff. Health Administrative and Human Services staff will relocate and lease the first
floor of the Civic Center building.
PURCHASE OF 316 LOTTIE STREET
This building was acquired —20 years ago through the ER&R Fund. I am proposing a
portion of the Administrative Services Fund balance currently devoted to Facilities
Management be used to acquire the building and property, properly align building use
with county funds and repay the ER&R Fund $575,000. The formal appraisal of the
property indicates a value of $575,000. The property will continue to be used for
Facilities management operations.
PURCHASE OF A NEW JAIL SITE
I propose the Council appropriate a total of $6,093,491 for the acquisition and related
closing and project costs associated with the LaBounty Road property purchase. This
appropriation will be funded through transfers to the Jail Construction Project Fund from
the following sources:
L ' $2.3 million from the REET I Fund balance
2. $2.7 million from the Jail Fund
3. $1,093,491 from the General Fund. This General Fund transfer represents a
portion of the proceeds from the previously described transactions.
I appreciate the totality of these transactions are complex. They have involved many
hours of research and development work by my staff over a number of months. The
details of these transactions are described extensively in the attached resolutions and
ordinances. I'm pleased that when fully implemented we will have accomplished some
fundamental investments and objectives that improve our government operations and
services to the citizens including the purchase of property for a new jail. More
importantly, we will have accomplished these investments and improvements within
existing resources, without new taxes and without creating additional demands on the
General Fund.
We will have unresolved issues beyond these transactions. The disposition or repurposing
of the Northwest Annex facility will need to be decided, the Courthouse fagade
renovation needs funding (long-term water damage repair), 4th Courtroom is in progress
and scheduled to be completed in 2014, and of course we will need to decide what tax
measure is required for the construction of the jail and Sheriffs facility. Beyond all of
this we will need to decide the fate of the existing correctional facility, incorporating
Council Memo Property Fund Adjustments 10/14/13 Page 3
M.
some holding capacity in our current courthouse for prisoners as they await their court
hearings and trials.
I suggest the council discuss this in committee, then hold public hearing(s) on the
proposal prior to taking action(s). Dewey Desler, Special Projects Manager and I will be
available to answer questions you may have.
Thank you for your consideration of this proposal.
Council Memo Property Fund Adjustments 10/14/13 Page 4
439
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Road Fund
Refund of Road Fund Equity in ER&R
Road Fund - Fund Balance
Purchase Civic Center Building
Civic Center Building Improvements
Source of Funds I Use of Fund
$ 2,124,829
$ 4,625,171
$ 3,700,000
$ 2,500,000
Purchase Central Shop Land- Northwest Rd.
$
550,000
$
6,750,000
$
6,750,000
General Fund
Sale of Civic Center
$
3,700,000
Return of General Fund Equity in ER&R
$
799,082
Sale of Central Shop Land - Northwest Rd.
$
550,000
Transfer to Jail Construction Project Fund
$
1,093,491
Transfer to State Street Bldging Acquisition and
Improvement Fund
$
3,808,884
Reimburse ER&R for Tank Removal Sheriff's Parking Lot
$
146,707
$ 5,049,082 $ 5,049,082
State Street Building Acquisition and Improvement Fund (Proposed)
Transfer From General Fund - Proceeds of Civic Center
Sale $ 3,808,884
Rural Sales Tax (EDI) Transfer $ 1,250,000
Purchase of 1500 N State Street Building $ 2,700,000
Improvements to 1500 N State Street Bldg $ 2,358,084
Administrative Services Fund - 316 Lottie Street
Administrative Services Fund - Fund Balance
Repay Er&R Fund for 316 Lottie Building
$ 5,058,884 $ 5,058,084
$ 575,000
$ 575,000
$ 575,000 $ 575,000
440
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013
Whatcom County
Financing of Proposed 2013 Property Transactions
October through December, 2013
Jail Construction Project Fund
Reet I Transfer $ 2,300,000
Jail Fund Transfer $ 2,700,000
Transfer From General Fund - Proceeds of Civic Center
Sale $ 1,093,491
Purchase of New Jail Site
Other Project Costs
EDI Fund
Transfer to State Street Building Acq & Improv Fund
$ 5,938,382
$ 155,109
$ 6,093,491 $ 6,093,491
$ 1,250,000
441
I:\Executive Special Project Manager\Property purchases\Property Transfer 10813.xlsx 10/15/2013